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HomeMy WebLinkAbout*May 18, 2021 Regular City Council Meeting PacketMay 18, 2021 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS Council Chamber Melissa Hernandez, Mayor Dublin Civic Center Shawn Kumagai, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Sherry Hu, Councilmember www.dublin.ca.gov Michael McCorriston, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, May 18, 2021 Location: City Council Chamber and Electronic Methods 100 Civic Plaza Dublin, CA 94568 Regular Meeting 7:00 PM 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 hold the Regular City Council Meeting through a hybrid of in -person attendance with the City Council, invited staff, and limited members of the public at the City Council Chamber and through the virtual platform, Zoom. The City of Dublin will adopt the following practices during upcoming City Council meetings: • Per normal practice, the meeting will be livestreamed and available at www.tv28live.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 the City’s website: https://dublin.ca.gov/1604/Meetings- Agendas-Minutes-Video-on-Demand • To maximize public safety while maintaining transparency and public access, members of the public may participate in one of the following ways: o Virtual Platform (Zoom): • If you wish to speak via Zoom during the meeting, please fill out the online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, May 18, 2021. Upon submission, you will receive Zoom link information. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. • Once connected, 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 May 18, 2021 Dublin City Council Regular Meeting Agenda 2 o In person at Council Chamber: • Members of the public wishing to speak in person are asked to fill out an online speaker slip in advance of the meeting. Speakers may also sign up to speak at the meeting. Speaker slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. • Pursuant to the public health officer’s order, the City Council Chamber will have limited seating available on a first-come, first-served basis for members of the public to attend the meeting in person. Physically distanced seats have been identified in the Chamber for use by the public. Members of the public should maintain at least six-foot social distancing from individuals who are not part of the same household or living unit. • For the purposes of potential public health contact tracing, all members of the public attending the meeting will be requested to sign in and provide a name and phone number or email address. In addition, attendees will be screened with a touchless temperature check. • Consistent with the public health officer’s order, each member of the public must also wear a face covering the nose and mouth at all times during the course of the meeting, even while speaking at the podium. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON MAY 18, 2021 SPECIAL CITY COUNCIL MEETING CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1 Employee Introductions: Brandon Parra and Dustin Stene New City of Dublin Staff members, Brandon Parra, Recreation Coordinator - Youth and Adult Sports and Dustin Stene, Recreation Coordinator - Aquatics, with Parks and Community Services will be introduced. STAFF RECOMMENDATION: Welcome the City of Dublin Staff members. Staff Report 3.2 2020 Volunteer Recognition Winners The City Council will recognize the City of Dublin 2020 Citizen, Young Citizen, and Organization of the Year, and the 2020 Mayor’s Award and the Mayor’s Legacy Award recipients. STAFF RECOMMENDATION: Recognize the awardees. Staff Report 3.3 Annual Presentation by Youth Advisory Committee The City Council will receive a presentation from the Youth Advisory Committee on its activities and accomplishments during the 2020-21 term. STAFF RECOMMENDATION: Receive the presentation. Staff Report Item 3.3 – PowerPoint Presentation 2 May 18, 2021 Dublin City Council Regular Meeting Agenda 3 3.4 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 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 May 4, 2021 Special City Council Meeting and Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the May 4, 2021 Special and Regular City Council meetings. STAFF RECOMMENDATION: Approve the minutes of the May 4, 2021 Special and Regular City Council meetings. Staff Report Attachment 1 - May 4, 2021 Special City Council Meeting Minutes Attachment 2 - May 4, 2021 Regular City Council Meeting Minutes 4.2 Amendment No. 2 to the Recreational Use License Agreement with Zone 7 and Maintenance Agreement with Dublin Crossing, LLC as Relating to the Licensed Areas The City Council will consider approving a second amendment to the Recreational Use License Agreement with Zone 7 of the Alameda County Flood Control and Water Conservation District to add additional channel properties to the agreement for park and recreational purposes, and consider approving the agreement with Dublin Crossing, LLC for maintenance of the additional channel properties. STAFF RECOMMENDATION: Take the following actions: 1) Adopt the Resolution Approving Amendment No. 2 to the Recreational Use License Agreement Between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District; and 2) Adopt the Resolution Approving Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas. Staff Report Attachment 1 - Resolution Approving Amendment No. 2 to the Recreational Use License Agreement Between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District Attachment 2 - Exhibit A to the Resolution - Amendment No. 2 to the Recreational Use License Agreement with Exhibits A-D Attachment 3 - Original Recreational Use License Agreement and Amendment No. 1 Attachment 4 - Resolution Approving the Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas Attachment 5 - Exhibit A to the Resolution - Maintenance Agreement Between City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas with Exhibits A-C 3 May 18, 2021 Dublin City Council Regular Meeting Agenda 4 4.3 LGBTQ+ Pride Month Proclamation The City Council will consider proclaiming June 2021 as LGBTQ+ Pride Month in Dublin and approving the flying of the Progress Pride Flag during the month of June 2021, consistent with the City’s Outdoor Flag Display Policy. STAFF RECOMMENDATION: Proclaim June 2021 as LGBTQ+ Pride Month in Dublin and approve the flying of the Progress Pride Flag at City Hall during the month of June. Staff Report Attachment 1 - LGBTQ+ Pride Month Proclamation 4.4 Iron Horse Trail Bridge at Dublin Boulevard - Amended and Restated Project Funding Agreements (No. A17-0091 and No. A19-0064) with Alameda County Transportation Commission The City Council will consider approving the Amended and Restated Project Funding Agreements (No. A17-0091 and No. A19-0064) with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118, extending the term of the agreements and making other minor modifications. STAFF RECOMMENDATION: Adopt the Resolution Approving the Amended and Restated Project Funding Agreements with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118. Staff Report Attachment 1 - Resolution Approving Amended and Restated Project Funding Agreements with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project Attachment 2 - Exhibit A to the Resolution - Amended and Restated Project Funding Agreement (No. A17-0091) with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project Attachment 3 - Exhibit B to the Resolution - Amended and Restated Project Funding Agreement (No. A19-0064) with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project Attachment 4 - Resolution 16-18 Approving a Project Funding Agreement with the Alameda County Transportation Commission Attachment 5 - Resolution 23-20 Adopting a Supplemental MND and Approving a Project Funding Agreement with the Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Attachment 6 - CIP No. ST0118 4.5 Senior Center Ballroom Naming The City Council will consider selecting Alamilla Springs Ballroom as the name for the ballroom at the Dublin Senior Center. STAFF RECOMMENDATION: Select Alamilla Springs Ballroom as the name for the ballroom at the Dublin Senior Center as recommended by the Parks and Community Services Commission. Staff Report 4.6 Approval of Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services The City Council will consider approving an agreement among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services. The agencies collectively own the East County Animal Shelter located at 4595 Gleason, and since its 4 May 18, 2021 Dublin City Council Regular Meeting Agenda 5 opening, the Cities have contracted with the Alameda County Sheriff’s Office to operate the shelter in accordance with a Memorandum of Understanding for Animal Shelter Services. The most recent agreement for services will expire on June 30, 2021. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services. Staff Report Attachment 1 - Resolution Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services Attachment 2 - Exhibit A to the Resolution - Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services 4.7 Two-Year Strategic Plan Quarterly Update The City Council will receive a status update on the City’s Two-Year Strategic Plan. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Q1 Strategic Plan Update Attachment 2 - Q2 Strategic Plan Update 4.8 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from April 1, 2021 - April 30, 2021 totaling $11,259,650.22. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Payment Issuance Report for April 2021 4.9 Directing Preparation of and Approving Annual Engineer’s Reports, and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1 The City Council will consider directing preparation of the Fiscal Year 2021 -22 Engineer's Reports, approving the preliminary Fiscal Year 2021-22 Engineer's Reports, and scheduling a public hearing date of June 1, 2021 for the five assessment districts. STAFF RECOMMENDATION: Take the following actions: 1) Adopt the Resolution Directing Preparation of Annual Engineer’s Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1; and 2) Adopt the Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1. Staff Report Attachment 1 - Resolution Directing Preparation of Annual Engineer's Reports Attachment 2 - Resolution Approving Preliminary Engineer's Reports and Appointing a Time and Place of Hearing Protests Attachment 3 - Preliminary Engineer's Report for Street Lighting Maintenance District 1983-1 Attachment 4 - Preliminary Engineer's Report for Landscaping and Lighting District 1983-2 5 May 18, 2021 Dublin City Council Regular Meeting Agenda 6 Attachment 5 - Preliminary Engineer's Report for Landscaping and Lighting District 1986-1 Attachment 6 - Preliminary Engineer's Report for Landscaping and Lighting District 1997-1 Attachment 7 - Preliminary Engineer's Report for Landscaping and Lighting District 1999-1 4.10 City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2021 The City Council will receive an informational report of the City’s investments through the quarter ending March 31, 2021 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $321,860,767 (market value) with an average market yield of 0.39%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months. STAFF RECOMMENDATION: Receive the City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2021. Staff Report Attachment 1 - City of Dublin Investment Report for Period Ending March 31, 2021 Attachment 2 - Transaction Ledger - January through March 2021 4.11 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). The first reading of this Ordinance was held at the May 4, 2021 Regular City Council Meeting. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code. Staff Report Attachment 1 - Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code 4.12 Appointments to the Youth Advisory Committee and Student Representative to the Parks and Community Services Commission The City Council will consider confirmation of the Mayor's recommended appointments of three middle school and 10 high school youths, along with three alternates, to the Youth Advisory Committee for the term of June 1, 2021 through May 31, 2022. The City Council will also consider confirmation of the Mayor's recommended appointment of Pratyush Rallapally as the Student Representative to the Parks and Community Services Commission for the term of July 1, 2021 to June 30, 2022. STAFF RECOMMENDATION: Confirm the Mayor’s appointments to the Youth Advisory Committee and the Student Representative to the Parks and Community Services Commission for the 2021-2022 term. Staff Report Attachment 1 - Youth Advisory Committee 2021 - 22 Applications Attachment 2 - Parks and Community Services 2021-22 Student Representative Applications 4.13 Community Development Block Grant (CDBG) Program Status Report The City Council will receive a report on the City of Dublin’s participation in the Community Development Block Grant (CDBG) program. 6 May 18, 2021 Dublin City Council Regular Meeting Agenda 7 STAFF RECOMMENDATION: Receive report. Staff Report 4.14 Perpetual Deed Restriction Endowment Agreement for Scarlett Drive Mitigation Area with Dublin Crossing, LLC and Zone 7 The City Council will consider approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area with Dublin Crossing, LLC and Zone 7 of the Alameda County Flood Control and Water Conservation District to establish an endowment fund to support the management, preservation, enforcement, and protection of the Scarlett Drive Mitigation Area by Zone 7. STAFF RECOMMENDATION: Adopt the Resolution Approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area Between the City of Dublin, Dublin Crossing, LLC and Zone 7 of the Alameda County Flood Control and Water Conservation District. Staff Report Attachment 1 - Resolution Approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area Attachment 2 - Exhibit A to the Resolution - Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area with Attachments A-D Attachment 3 - Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map 5. WRITTEN COMMUNICATION – None. 6. PUBLIC HEARING – None. 7. UNFINISHED BUSINESS 7.1 Establishment of an Economic Development Zone and the Creation of an Incentives Package for Properties East of Fallon Road The City Council will consider establishing an Economic Development Zone for properties east of Fallon Road to encourage private investment in the targeted industry sectors as prioritized by the City Council. The City Council will also consider an Incentives Package to assist with the attraction of job-rich and/or high-wage businesses within the Economic Development Zone’s targeted industries. STAFF RECOMMENDATION: Adopt the Resolution Approving the Establishment of the Fallon East Economic Development Zone Map and Incentives Package. Staff Report Attachment 1 - Resolution Approving the Establishment of the Fallon East Economic Development Zone Map and Incentives Package Attachment 2 - Exhibit A to Resolution - Fallon East Economic Development Zone Map Attachment 3 - Exhibit B to the Resolution - Fallon East Economic Development Zone Incentives Package Attachment 4 - October 20, 2020 Staff Report Item 7.1 - PowerPoint Presentation 7 May 18, 2021 Dublin City Council Regular Meeting Agenda 8 8. NEW BUSINESS 8.1 Introduction of an Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs The City Council will consider adopting an Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs. Staff Report Attachment 1 - Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs Item 8.1 - 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 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. 8 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 3.1 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Employee Introductions: Brandon Parra and Dustin Stene Prepared by: Bridget Amaya, Assistant Parks and Community Services Director EXECUTIVE SUMMARY: New City of Dublin Staff members, Brandon Parra, Recreation Coordinator – Youth and Adult Sports and Dustin Stene, Recreation Coordinator – Aquatics, with Parks and Community Services, will be introduced. STAFF RECOMMENDATION: Welcome the City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff members, Brandon Parra, Recreation Coordinator – Youth and Adult Sports and Dustin Stene, Recreation Coordinator – Aquatics, with Parks and Community Services, will be introduced to the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 9 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.2 DATE:May 18,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:2020 Volunteer Recognition Winners Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will recognize the City of Dublin 2020 Citizen, Young Citizen, and Organization of the Year, and the 2020 Mayor’s Award and the Mayor’s Legacy Award recipients. STAFF RECOMMENDATION: Recognize the awardees. FINANCIAL IMPACT: None. DESCRIPTION: The City Council annually recognizes a Citizen, Young Citizen, and Organization who made a significant contribution toward enhancing the quality of life for residents of Dublin during the previous year. Additionally, the Mayor presents two special awards, the Mayor’s Award and the Mayor’s Legacy Award, to those whom she wishes to recognize for their extraordinary dedication to the community. The 2020 winners in each category, along with the Mayor’s special award recipients, were recognized at the City’s Volunteer Recognition Event on April 28, 2021. Due to the COVID-19 pandemic, the format of this year’s event was a Live Broadcast and Zoom production put on by TV30. The City Council will formally recognize the following award recipients: Anya Sengupta, 2020 Young Citizen of the Year Breaking BEARriers, 2020 Organization of the Year Michael D’Ambrosio, 2020 Citizen of the Year Open Heart Kitchen, 2020 Mayor’s Award Connie Mack, 2020 Mayor’s Legacy Award 10 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 11 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.3 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Annual Presentation by Youth Advisory Committee Prepared by: Bridget Amaya, Assistant Parks and Community Services Director EXECUTIVE SUMMARY: The City Council will receive a presentation from the Youth Advisory Committee on its activities and accomplishments during the 2020-21 term. STAFF RECOMMENDATION: Receive the presentation. FINANCIAL IMPACT: None. DESCRIPTION: The Youth Advisory Committee comprises middle and high school students that are appointed to an annual term by the Mayor and confirmed by the City Council. The current term ends May 31, 2021. The general responsibilities of the Youth Advisory Committee, as outlined in the Bylaws and Rules of Procedure, are to: Provide input on youth services and programming to the City Council, Parks and Community Services Commission, and City Staff. Address issues that affect youth in the community. Assist with the promotion and implementation of youth activities. Generate and present an annual report on the accomplishments of the Committee. Each year, Youth Advisory Committee Members present an annual report highlighting the group’s 12 Page 2 of 2 accomplishments during the current term. These accomplishments include volunteering at City events, awarding Youth Mini Grants and engaging in fundraising efforts for the Youth Fee Assistance Program. The Youth Advisory Committee’s activities were reduced due to the COVID-19 pandemic; however, accomplishments over the 2020-21 term included the following: Recommended awarding six youth organizations in Dublin with a Youth Advisory Committee Mini Grant, for a combined total of $2,500. Awardees were Dublin High School Seniors, Dublin High School Patch Club, Economic & Financial Literacy Club, Dublin Health Occupation Students of America, Gardeners of the Galaxy, and Quarry Lane Environmental Club. Assisted Staff with the City's Tree Lighting Ceremony and the Santa Drive-thru Meet and Greet at the Civic Center on Saturday, December 5, 2020. Volunteered at the Grand Opening of the Imagine Playground at Dublin Sports Grounds on Saturday, March 6, 2021 and the “Lucky to be in Dublin” Chalk Art Contest during the St. Patrick’s Day Festival on Saturday, March 13, 2021. Assisted Staff with the Spring Eggstravaganza and Meet & Greet with Flopsy events at Emerald Glen Park on Saturday, April 3, 2021. Partnered with the Senior Center Advisory Committee to host a Benefit Concert held virtually via Zoom Communications on Sunday, April 11, 2021, with proceeds going to the Youth Fee Assistance Program. The Annual Report will be presented by Chair Goel and Vice Chair Imran. PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and a copy of the Staff Report was distributed to the members of the Youth Advisory Committee. ATTACHMENTS: 1) Youth Advisory Committee Annual Presentation 13 2020-2021 1 Attachment 1 14 Objectives •Provide input on youth services and programming •Support youth organizations in Dublin through the Youth Mini Grant Program •Assist with the promotion and implementation of youth activities. •Generate and present an annual report on the accomplishments of the Youth Advisory Committee. 2 15 Youth Mini Grant Program 3 Club/Organization Club Purpose # of Dublin Residents Served Allocated Funds Dublin High School Senior Class Senior Activities 450 $700 Dublin High School Patch Club Child Abuse Awareness & Create Blankets 240 $380 Economic & Financial Literacy Club Education Material for Financial Literacy 50+$400 Dublin Health Occupation Students of America Science Experiments (at home)50 $200 Gardeners of the Galaxy Materials to grow microgreens 300 $480 Quarry Lane Environmental Club Environmental Magazines, Podcasts, Earth Day 300 $340 Total: $2,500 16 Holiday Drive Through •Saturday, December 5, 2020 –YAC volunteers as Santa’s helpers 4 17 Imagine Playground Opening •Saturday, March 6, 2021 •Set up and Clean up 5 18 St. Patrick’s Day Chalk Walk •Saturday, March 13, 2021 •Pass out chalk •Provide instructions to families and participants •Check in attendees 6 19 Meet & Greet with Flopsy •Saturday, April 3, 2021 7 20 Youth Benefit Concert ●Sunday, April 11, 2021, via Zoom. ●Encouraged community members to show off their talents including singing, dancing, martial arts, magic, music, or even juggling! ●Open to all ●Raise funds for the Fee Assistance Program 8 21 How COVID Affected the YAC 9 •Holiday Tree lighting ceremony and other special events were shifted to drive through meet and greets to accommodate COVID guidelines•Events such as the Benefit Concert were shifted to Zoom•Traditional Teen Job Fair was cancelled•We came up with new ideas for our events to ensure the safety of our community 22 10 Thank you! 23 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the May 4, 2021 Special and Regular City Council meetings. STAFF RECOMMENDATION: Approve the minutes of the May 4, 2021 Special and Regular City Council meetings. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the May 4, 2021, Special and Regular City Council meetings. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS:1)May 4, 2021 Special City Council Meeting Minutes2)May 4, 2021 Regular City Council Meeting Minutes DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the May 4, 2021 Special and Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk 24 MINUTES OF THE CITY OF DUBLIN CITY COUNCIL Special Meeting: May 4, 2021 DUBLIN CITY COUNCIL MEETING MINUTES SPECIAL MEETING MAY 4, 2021 Attachment 1 A Special Meeting of the Dublin City Council was held on Tuesday, May 4, 2021, in the City Council Chamber and via Zoom Communications. The meeting was called to order at 5:00 PM., by Mayor Hernandez. 1. Call to Order and Pledge of Allegiance Attendee Name Status Melissa Hernandez, Mayor Present Shawn Kumagai, Vice Mayor Present Jean Josey, Councilmember Present Michael McCorriston, Councilmember Present Sherry Hu, Councilmember Present 2. Study Session 2.1.East Ranch Study Session (PLPA-2020-00028) The City Council received a presentation regarding an application from Trumark Homes, LLC proposing to develop a 573-unit residential project with six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road. Tom Evans provided public comment. Daniel Thai provided public comment. Shirley Lewandowski provided public comment. Greg Bonato provided public comment. The City Council provided their feedback on the project. By consensus, the City Council opposed Accessory Dwelling Units as a solution to the affordable housing proposal and supported inclusionary units and land dedication as components of the proposal. The City Council also wanted the applicant to provide certainty on the age-qualified units in the proposal. 25 DUBLIN CITY COUNCIL MEETING MINUTES SPECIAL MEETING MAY 4, 2021 Adjournment The meeting was adjourned by Mayor Hernandez at 6:53 p.m. Mayor ATTEST: City Clerk 26 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: May 4, 2021 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2021 Attachment 2 A Regular Meeting of the Dublin City Council was held on Tuesday, May 4, 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 and Pledge of Allegiance Attendee Status Melissa Hernandez, Mayor Present Shawn Kumagai, Vice Mayor Present Jean Josey, Councilmember Present Sherry Hu, Councilmember Present Michael McCorriston, Councilmember Present 2)Report on Closed Session Mayor Hernandez announced the Closed Session would be held after the Regular Meeting. 3)Oral Communications 3.1)Presentation on SeeClickFix The City Council received a presentation on SeeClickFix, the City’s new software application that provides online access to public issue reporting with a go-live date of May 5, 2021. 3.2)Public Comment –None. 4)Consent Calendar Councilmember Hu pulled item 4.2 City Proclamations for the Month of May for further discussion. 27 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2021 4.1)Approved the April 20, 2021 Regular City Council Meeting Minutes 4.3)Adopted Resolution No. 38-21 titled, "Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC." 4.4)Adopted Resolution No. 39-21 titled, "Delegating Authority to the City Manager for Procurements Associated with Vehicle Maintenance that Exceed $45,000 for Fiscal Year 2020-21." 4.5)Adopted Resolution No. 40-21 titled, "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." 4.6)Adopted Resolution No. 41-21 titled, "Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services." 4.7)Adopted Resolution No. 42-21 titled, "Accepting the Imagine Playground at Dublin Sports Grounds Project, CIP No. PK0518." 4.8)Waived the reading and introduced an Ordinance titled, "Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code." 4.2)Approved 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. Councilmember Hu thanked the Mayor and City Council for recognizing Asian American and Pacific Islander Heritage Month and read portions of the proclamation. Sheila Mason provided public comment. John Wu provided public comment. 28 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2021 RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Shawn Kumagai, Vice Mayor AYES:Hernandez, McCorriston, Hu, Kumagai, Josey 5)Written Communication –None. 6)Public Hearing –None. 7)Unfinished Business –None. 8)New Business 8.1)California Statewide Communities Development Authority Middle-Income Rental Housing Program City Attorney, John Bakker, recused himself from this item and left the Council Chamber due to his continued work with California Statewide Communities Development Authority (CSCDA) on community improvement authority projects. He informed the City Council that his colleague, Jon Goetz, will represent the City on this item. The City Council received a presentation regarding the Community Improvement Authority, which is an affiliate of the CSCDA, and the Authority’s proposal to acquire Waterford Place Apartments located at 4800 Tassajara Boulevard for the purpose of protecting middle-income rental housing. The City Council asked clarifying questions and provided feedback on the current proposal. By consensus, the City Council agreed to bring this item back for further discussion at a later date and requested more information from Staff regarding the Aster Apartments deal and any lessons learned from that transaction, an evaluation of the current Waterford rental data and how that affordability pans out with respect to this program, how the Authority will amend the rent, how the rent control portion will be implemented, and an analysis of the impact of this deal on the City’s financial forecast. 29 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2021 The Mayor called for a five-minute break at 8:46 p.m. The Mayor reconvened the meeting at 8:52 p.m. 8.2)Report on California Senate Bill 1383, Short-Lived Climate Pollutants Requirements The City Council received a report on the requirements imposed on local agencies through the final rulemaking for California Senate Bill 1383, Short- Lived Climate Pollutants. 8.3)Transportation Program Update The City Council received a report on transportation planning projects, traffic operations, and ongoing efforts to improve and enhance the City of Dublin transportation network. 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). City Manager, Linda Smith, recognized Human Resources Director, Julie Carter for over twenty-two years of service to the City of Dublin. The City Council and Linda thanked Julie and congratulated her on her retirement. Mayor Hernandez adjourned the Regular Meeting at 10:00 p.m. and the City Council went into Closed Session. Closed Session I.Conference with Labor Negotiators Agency Designated Representatives: Mayor Hernandez and Councilmember Josey Unrepresented Employee: City Manager Report on Closed Session – No reportable action on Closed Session. 10)Adjournment 30 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2021 Mayor Hernandez adjourned the meeting at 10:30 p.m. Mayor ATTEST: City Clerk 31 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.2 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment No. 2 to Recreational Use License Agreement with Zone 7 and Maintenance Agreement with Dublin Crossing, LLC as Relating to the Licensed Areas Prepared by: Kan Xu, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving a second amendment to the Recreational Use License Agreement with Zone 7 of the Alameda County Flood Control and Water Conservation District to add additional channel properties to the agreement for park and recreational purposes, and consider approving the agreement with Dublin Crossing, LLC for maintenance of the additional channel properties. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendment No. 2 to the Recreational Use License Agreement Between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District; and adopt the Resolution Approving Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas. FINANCIAL IMPACT: All costs associated with preparing the agreements is borne by the developer. There is no impact to the General Fund. DESCRIPTION: The City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7) entered into a Recreational Use License Agreement on February 15, 2005 (Resolution No. 16-05) to allow the City to use flood control channel properties, South San Ramon Creek, Alamo Canal, Tassajara Creek, and Alamo Creek, for park and recreational purposes. The Recreational Use License Agreement was amended on October 16, 2007 (Resolution No. 192-07) and approved by Zone 7 on November 7, 2007 to add a new segment of the Tassajara Creek Regional Trail to the licensed areas. 32 Page 2 of 3 The proposed second amendment to the Recreational Use License Agreement will add three new areas: Chabot Creek and Canal 2, both within the Boulevard Development (formerly Dublin Crossing); and a pedestrian bridge on the south side of Dublin Boulevard, which crosses a flood control channel (Line G-1-1) between Dublin Sports Grounds and Dublin Court. The three areas are shown graphically as Exhibits A, B, and C within Attachment 2. Boulevard Development The Boulevard Development project was required to mitigate impacts to wetlands and other waters within the project site. The mitigation requirements were determined through permitting processes with the U.S Army Corps of Engineers, California Department of Fish and Wildlife, and the San Francisco Bay Regional Water Quality Control Board. Onsite project mitigations include relocation of drainage ditches, restoration of wetland canals, and created seasonal wetlands, which are collectively referred to as Restoration and Enhancement Areas within the Dublin Crossing Long Term Management Plan dated April 5, 2017, and the Addendum to the Long Term Management Plan Dublin Crossing, dated November 4, 2020 (LTMP). The LTMP anticipates that the Restoration and Enhancement Areas will be owned by Zone 7, which will act as the Land Manager and Land Conservator, and that an endowment will be established to fund the activities Zone 7 is required to fulfill in its Land Manager and Land Conservator roles. The LTMP also provides that the Restoration and Enhancement Areas are proximate to Don Biddle Community Park and pedestrian trails, and that these areas be accessible for active maintenance, emergencies, and low-impact public enjoyment. Public access in the Chabot Creek and Canal 2 corridors is part of the Dublin Crossing Specific Plan and through Amendment No. 2 to the Recreational Use License Agreement with Zone 7, the City, and its authorized agent, will be able to conduct maintenance activities that ensures the public will be able to enjoy the trails, footbridges, bird watching, and other nature activities. Negative impact of human use will be minimized by design that discourages off-trail access and ongoing maintenance, including trash retrieval. Consistent with the Tassajara Creek Regional Trail, where the City entered into a maintenance agreement with the Tassajara Creek Homeowners Association for the maintenance of the Tassajara Creek Regional Trail, the City and the Boulevard Developer will enter into a maintenance agreement, whereby the Boulevard Developer, and eventually the Boulevard homeowners association, will become the City’s authorized agent for certain maintenance responsibilities along Chabot Creek and Canal 2. The proposed Maintenance Agreement requires the Boulevard Developer, and eventually the Boulevard homeowners association, to maintain Chabot Creek and Canal 2 of the licensed areas of the Amendment as defined in Exhibit B, within Attachment 5. Dublin Boulevard Pedestrian Bridge The pedestrian bridge over Line G-1-1 was constructed as part of the recently completed Dublin Boulevard utility undergrounding and street widening project between Civic Plaza and Dublin Court. The project installed a small bridge over the flood control channel to provide for pedestrian traffic. Through Amendment No. 2 to the Agreement, the City will maintain the area of the pedestrian bridge crossing adjacent to the Dublin Sports Grounds. 33 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving Amendment No. 2 to the Recreational Use License Agreement Between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District 2) Exhibit A to the Resolution – Amendment No. 2 to the Recreational Use License Agreement with Exhibits A-D 3) Original Recreational Use License Agreement and Amendment No. 1 4) Resolution Approving the Maintenance Agreement Between City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas 5) Exhibit A to the Resolution– Maintenance Agreement Between City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas with Exhibits A-C 34 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT NO. 2 TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WHEREAS, the Alameda County Flood Control and Water Conservation District (Zone 7) and the City previously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15-87; and WHEREAS, the 1987 License Agreement and Modifications 1-5 were replaced by a Recreational Use License Agreement between Zone 7 and the City on February 15, 2005, as authorized by City Council Resolution No. 16-05 (“License”); and WHEREAS, Zone 7 and the City entered into Amendment No. 1 to the License on October 16, 2007, as authorized by City Council Resolution No. 192-07; and WHEREAS, Zone 7 has agreed to allow the City to use certain flood control channel properties (“Licensed Areas”) to construct, improve, maintain and operate the Licensed Areas for park and recreation purposes; and WHEREAS, Zone 7 and the City have mutually agreed to add additional channel properties to the License for the purpose of using said properties for park and recreational facilities use under the terms of said License; and WHEREAS, Amendment No. 2 to the License proposes to add Chabot Creek within the Boulevard Development (formerly Dublin Crossing) and within the future Don Biddle Community Park area, Canal 2 along Arnold Road within the Boulevard Development (“Boulevard Parcels”), and Line G-1-1, located along the south side of Dublin Boulevard between Dublin Sports Grounds and Dublin Court (“Line G-1-1 Parcel”) to the License; and WHEREAS, Zone 7 will accept title to the Boulevard Parcels by separate instrument from Dublin Crossing, LLC, and the City has accepted the Grant of Easement from Zone 7 for the maintenance of the pedestrian bridge crossing on the Line G-1-1 Parcel (Alameda County Recorder Document Series No. 2021049210); and WHEREAS, the City intends to operate and maintain allowable activities per Section 6 of the Dublin Crossing Long Term Management Plan within the Boulevard Parcels and maintain the pedestrian bridge crossing within the Line G-1-1 Parcel. 35 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 2 to the Recreational Use License Agreement between Alameda County Flood Control and Water Conservation District (Zone 7) and the City of Dublin, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment No. 2 to the Recreational Use License Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed copies of Amendment No. 2 to the Recreational Use License Agreement to Zone 7 for Zone 7 approval and processing, as necessary. PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 36 A05-23-DUB M2 1 AMENDMENT NO. 2 TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT THIS SECOND AMENDMENT TO THE RECREATIONAL USE LICENSE AGREEMENT ("AMENDMENT"), is entered into by and between the Alameda County Flood Control and Water Conservation District, Zone 7, a body corporate and politic, hereinafter referred to as "ZONE 7," and the City of Dublin, a Municipal Corporation, hereinafter referred to as "CITY". RECITALS This AMENDMENT is entered into on the basis of the following facts, intentions and understandings of ZONE 7 and CITY: WHEREAS, ZONE 7 and CITY previously entered into that certain Recreational Use License Agreement between the Zone 7 of the Alameda County Flood Control and Water Conservation District and the City of Dublin dated February 16, 2005, as authorized by City Resolution No.16-05 and Zone 7 Resolution No.05-2722 ("LICENSE"); and WHEREAS, the LICENSE was amended by that Amendment No. 1, as authorized by City Resolution No. 192-07 on October 16, 2007 and Zone 7 on Nov 7, 2007; and WHEREAS, on June 21, 2017, Zone 7 Resolution No. 17-48 authorized granting CITY an amendment to the Recreational Use License Agreement in association with the Dublin Crossing Development; and WHEREAS, ZONE 7 has agreed to allow CITY to use certain flood control channel properties (“LICENSED AREAS”) to construct, improve, maintain and operate the LICENSED AREAS for park and recreation purposes; and WHEREAS, it is mutually agreed between ZONE 7 and CITY to add additional channel properties to the LICENSE for the purpose of using said properties for park and recreational facilities use under the terms of said LICENSE as modified by this AMENDMENT; and WHEREAS, it is mutually agreed between ZONE 7 and CITY to clarify the maintenance and operation responsibilities and other duties of the parties. Attachment 2 Exhibit A to the Resolution 37 A05-23-DUB M2 2 NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy of which is hereby acknowledged, ZONE 7 and CITY hereby agree to the following amendments: 1. LICENSED AREAS to be added to LICENSE, as provided under Section 3, are as follows: a. The Dublin Crossing properties (BOULEVARD) delineated in Exhibit “A” and Exhibit “B”, attached hereto and made a part hereof. b. The Line G-1-1 at Dublin Boulevard area (LINE G-1-1) delineated in Exhibit “C”, attached hereto and made a part hereof. 2. Park Maintenance and Operation Responsibilities of CITY and its Authorized Agents as described in Section 7 of LICENSE are amended to read as follows: a. Park and Recreational Improvements, as denoted under Section 7a. of the LICENSE, shall also include: all in-stream recreational and park amenities, vegetation/landscaping, irrigation systems, pathways, bridges, culverts, outfall structures, storm drain systems, fencing, wetlands, and stream restoration areas. b. CITY Maintenance and Operations within the BOULEVARD, shall be limited to those allowable activities per Section 6 of the Addendum to: Long Term Management Plan Dublin Crossing (Dublin Crossing LTMP) dated November 4, 2020, contained in Exhibit “D”. c. CITY and its Authorized Agents shall not conduct, allow or authorize prohibited activities as identified in Section 7 of the Dublin Crossing LTMP within the BOULEVARD. d. CITY shall monitor its activities, and those of its Authorized Agents to ensure compliance with the Dublin Crossing LTMP within the BOULEVARD. e. CITY Maintenance and Operations within LINE G-1-1, shall be maintained to convey flow and not allow trees or brushes to grow. In the event that LINE G-1-1 experiences slides, erosion, subsidence, flooding and other damages, repair of such damages to LINE G-1-1 shall be the responsibility of CITY and at CITY’s sole cost. CITY shall, prior to execution of repairs, submit plans for review and approval from ZONE 7. Repairs shall be performed in a reasonably timely manner so as not to impact ZONE 7 facilities downstream of LINE G-1-1. 38 A05-23-DUB M2 3 f. Creek channel related maintenance and repair obligations resulting from, in connection with or necessitated by CITY’s use of the LICENSED AREAS or exercise of privileges granted under the LICENSE, shall be at the sole cost of CITY. 3. DUTIES OF ZONE 7 as described in Section 14 of the LICENSE are amended to read as follows: ZONE 7’s maintenance and repair obligations shall be limited solely to that which, in ZONE 7’s sole and reasonable discretion is determined to be necessary for ZONE 7’s flood control and water conservation related needs and/or activities. 4. In all other respects, the terms and provisions of the LICENSE, as amended by that Amendment No. 1 are to continue in full force and effect. IN WITNESS WHEREOF, ZONE 7 and CITY have caused their corporate names to be affixed hereto by their respective officers authorized to do so. ZONE 7 OF ALAMEDA COUNTY CITY OF DUBLIN FLOOD CONTROL AND WATER DISTRICT By: By: __ Valerie Pryor Linda Smith General Manager, Zone 7 Water Agency City Manager, City of Dublin APPROVED AS TO FORM: APPROVED AS TO FORM: SCOTT McELHERN, GENERAL COUNSEL CITY ATTORNEY By: By: General Counsel City Attorney Date: Date: 39 Agenda Item No. 4.2 Attachment 2 - Exhibits to the Recreational Use License Agreement 40 Attachment 3 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Attachment 4 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC AS RELATING TO THE LICENSED AREAS WHEREAS, the City of Dublin (“City”) and Zone 7 of the Alameda County Flood Control and Water Conservation District (“Zone 7”) entered into a Recreational Use License Agreement on February 15, 2005, as authorized by City Council Resolution No. 16-05 (“License”); and WHEREAS, Zone 7 has agreed to allow City to use certain flood control channel properties (“Licensed Areas”) to construct, improve, maintain, and operate the Licensed Areas for park and recreation purposes; and WHEREAS, Zone 7 and City entered into Amendment No. 1 to the Recreational Use License Agreement on October 16, 2007, as authorized by City Council Resolution No. 192-07; and WHEREAS, Zone 7 and City entered into Amendment No. 2 (“Amendment”) to the Recreational Use License Agreement on May 18, 2021, as authorized by City Council Resolution No. XX-21; and WHEREAS, the City entered into a Development Agreement with Dublin Crossing Venture LLC entitled “Development Agreement by and between the City of Dublin and Dublin Crossing Venture LLC Relating to the Dublin Crossing Project,” recorded on June 4, 2014 as instrument number 2014134795 in the Official Records of Alameda County, California, which was amended by that certain Amendment No. 1 to Development Agreement, approved by the City on June 2, 2015, as further amended by that certain Amendment No. 2 to Development Agreement, approved by the City on February 2, 2016, and as further amended by that certain Amendment No. 3 to Development Agreement, approved by the City on June 15, 2017; and WHEREAS, Dublin Crossing Venture LLC sold and assigned all of its right, title and interest in the property and the development project (“Boulevard Project”) described in the Development Agreement to Dublin Crossing, LLC (“Master Developer”), with the consent of the City, pursuant to that certain Assignment and Assumption of Development Agreement, recorded in the Official Records of Alameda County on August 28, 2015 as document number 2015239932; and WHEREAS, pursuant to the Boulevard Project conditions of approval, the Master Developer is required to maintain the open channel of the portion of Chabot Creek and Canal 2 located within the Boulevard Project boundary and along the project frontage of Arnold Road; and 60 Attachment 4 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 WHEREAS, the City is responsible for operating and maintaining those improvements in Chabot Creek and Canal 2 of the Licensed Areas of the Amendment; and WHEREAS, the City wishes to authorize the Master Developer as one of its agents to maintain certain landscaping and other improvements in Chabot Creek and Canal 2 of the Licensed Areas of the Amendment; and WHEREAS, the purpose of the maintenance agreement is to state the Master Developer’s obligation, as the City’s agent, to perform maintenance and repair of certain open space areas and improvements in Chabot Creek and Canal 2 of the Licensed Areas of the Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Maintenance Agreement Between the City of Dublin and Dublin Crossing, LLC as Relating to the Licensed Areas, attached hereto as Exhibit A,and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 61 732579.1 1 MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC AS RELATING TO THE LICENSED AREAS THIS MAINTENANCE AGREEMENT is dated for reference this __day of _________, 2021 by and between the City of Dublin, a California municipal corporation (“City”), and Dublin Crossing, LLC (“Master Developer”). RECITALS WHEREAS, the City and Zone 7 of the Alameda County Flood Control and Water Conservation District (“Zone 7”) entered into that certain Recreational Use License Agreement dated February 16, 2005, as authorized by City Resolution No. 16-05 and Zone 7 Resolution No. 05-2722 ("License Agreement") and attached to this Maintenance Agreement as Exhibit A; and WHEREAS, Zone 7 agreed to allow City to use certain flood control channel properties to construct, improve, maintain and operate certain areas for park and recreation purposes; and WHEREAS, the License Agreement was initially amended by that Amendment No. 1 dated October 16, 2007, and most recently by that Amendment No. 2 on ___________2021 (“Amendment”) and attached to this Maintenance Agreement as part of Exhibit A; and WHEREAS, the City entered into a Development Agreement with Dublin Crossing Venture LLC entitled “Development Agreement by and between the City of Dublin and Dublin Crossing Venture LLC Relating to the Dublin Crossing Project” recorded on June 4, 2014 as instrument number 2014134795 in the Official Records of Alameda County, California, which was amended by that certain Amendment No. 1 to Development Agreement approved by the City on June 2, 2015, as further amended by that certain Amendment No. 2 to Development Agreement approved by the City on February 2, 2016 , and as further amended by that certain Amendment No. 3 to Development Agreement approved by the City on June 15, 2017; and WHEREAS, Dublin Crossing Venture LLC sold and assigned all of its right, title and interest in the property and the development project described in the Development Agreement to Master Developer, with the consent of the City, pursuant to that certain Assignment and Assumption of Development Agreement recorded in the Official Records of Ala meda County on August 28, 2015 as document number 2015239932; and WHEREAS, Conditions of Approval 67 from the Planning Commission Resolution No. 16 -11 Approving Vesting Tentative Maps 8306, 8307, 8308, and 8309, Conditions of Approval 40, 46, 51 and 58 from the Planning Commission Resolution No. 17-06 Approving Vesting Tentative Maps 8360, 8361, 8362, 8363, 8364, 8365, 8366, 8367, and 8368, and Conditions of Approval 102 and 103 from the Planning Commission Resolution No. 18-14 Approving Vesting Tentative Maps 8370, 8371, 8372, and 8373, require the Master Developer to maintain the open channel of the portion of Chabot Creek and Canal 2 located within the project boundary and project frontage at Arnold Road, if no Public Agency assumes responsibility. WHEREAS, Dublin Crossing, LLC formed the Boulevard Master Owners Association (“Master Association”); and WHEREAS, City is responsible for operating and maintaining those improvements in Chabot Creek and Canal 2 of the “Licensed Areas” of the Amendment and depicted in Exhibit B to this Maintenance Agreement; WHEREAS, City wishes to authorize the Master Developer as one of its agents to maintain certain landscaping and other improvements in Chabot Creek and Canal 2 of the “Licensed Areas” of the Amendment and depicted in Exhibit B to this Maintenance Agreement;” and. Attachment 5 62 732579.1 2 WHEREAS, the purpose of this Maintenance Agreement is to state the Master Developer’s obligation, as the City’s agent, to perform maintenance and repair of certain open space areas and improvements in Chabot Creek and Canal 2of the “Licensed Areas” of the Amendment and depicted in Exhibit B to this Maintenance Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Authorized Agent. Pursuant to the City’s authority in the License Agreement, the City authorizes the Master Developer as an agent of the City to inspect, maintain, clean, repair, and/or replace the facilities and/or improvements in Chabot Creek and Canal 2 of the “Licensed Area” of the Amendment. Master Developer acknowledges that, unless otherwise set forth in this Agreement, all the covenants of the City contained in the License Agreement applicable to the “Licensed Areas” of the Amendment are the responsibility of the Master Developer, as further defined in Exhibit B. Should the terms and conditions of this Agreement conflict or be inconsistent with the terms and conditions of the License Agreement, the terms of the License Agreement shall prevail. Section 2. Maintenance and Operations. a. Maintenance. The Master Developer and the City shall maintain their respective portions of the Chabot Creek and Canal 2 of the “Licensed Areas” of the Amendment and as delineated in Exhibit B and in accordance with the Dublin Crossing Long Term Management Plan (“LTMP”) attached to this Maintenance Agreement as Exhibit C and the Master Declaration of Covenants, Conditions and Restrictions of Dublin Crossing (Boulevard), as may be amended from time to time (the “CC&Rs”), incorporated by this reference as if fully set forth herein. b. Assessments. Should this Agreement be assigned to the Master Association, the cost of performing Maintenance Obligations defined herein will be added to the Master Association’s operating budget and funded from its regular assessments. c. City Enforcement Rights. If the Master Developer fails to perform the maintenance required under Section 2.a of this Agreement, the City may perform such maintenance. On demand, the Master Developer shall immediately reimburse the City all costs incurred by the City in performing the maintenance, including reasonable overhead costs incurred by the City in performing the maintenance and other such costs in connection therewith. The Master Developer, if necessary, immediately shall levy, collect and enforce necessary assessments against the lot owners to recover the necessary funds to reimburse the City, pursuant to Article VI of the CC&Rs. d. Landscaping and Weed Abatement. Master Developer will keep the Chabot Creek and Canal 2 portions of the Licensed Areas, as defined in Exhibit B, free from weeds and other vegetation in accordance with City weed-abatement requirements. e. Trash Collection. Master Developer will keep the Chabot Creek and Canal 2 portions of the Licensed Areas, as defined in Exhibit B, free from trash and other refuse. f. Vandalism. Master Developer shall, at its own expense, promptly repair all damage to the Chabot Creek and Canal 2 portions of the Licensed Areas, as defined in Exhibit B, and to existing and future utilities and/or improvements on the Licensed Areas caused by users of the Licensed Areas. Section 3. Term. The term of this Agreement shall remain in effect until such time as the License Agreement is terminated or no longer effective. Notwithstanding the foregoing, if the License Agreement is terminated or becomes ineffective, the Master Developer’s obligations under Section 2 of this Agreement shall survive termination of this Agreement but shall be suspended until such time as the City has sufficient rights to grant the Master Developer the right of access to the Licensed Areas. If the City subsequently acquires rights over the Licensed Areas sufficient to allow the City to grant the Master 63 732579.1 3 Developer the right to access the Licensed Areas for the purpose of maintaining the Licensed Areas, the Master Developer shall enter into a commercially reasonable amendment to this Agreement or a subsequent Agreement that would authorize the Master Developer enter onto the Licensed Areas for the purposes of maintaining the Licensed Areas and that would again obligate the Master Developer to maintain the Licensed Areas. Section 4. Indemnification. Master Developer shall indemnify, defend, protect and the City harmless from and against all claims by reason of any injury to or death of any person and damage to any property, of any kind whatsoever arising out of, resulting from, or in any way related to the acts or omissions of Association, its board of directors, officers or employees, arising out of this Agreement. Section 5. Insurance. The Master Developer shall maintain the insurance required under Section 7.7 of the Maintenance CC&Rs. Notwithstanding the foregoing, if requested by the City in writing, the Master Developer shall increase the coverage amounts by an amount necessary to equal the coverage amounts required of the City by Section 12 of the License Agreement. The Master Developer shall name the City and Zone 7 as additional insureds, and upon request from the City, which may be made from time to time, submit to the City insurance certificates confirming that the required insurance is in place. Section 6. Miscellaneous. a. Amendments. This Agreement may be amended from time to time with the written consent of the parties. For purposes herein, the Master Developer shall have full power and authority to consent and approve any amendment. Any amendment shall be effective when signed by authorized a gents of the respective parties. b. Assignment. The Master Developer may not transfer or assign any of its rights or duties under this Agreement without the prior written consent of the City which consent may be granted or withheld in their sole discretion. c. Successor. Notwithstanding the proceeding subsection, upon delivery of written notice by Master Developer to the City pursuant to Section 7 that Master Developer has provided notice to the Master Association that the Master Association is obligated to perform all obligations set forth in this Ma intenance Agreement, this Maintenance Agreement shall be deemed fully assigned by Master Developer to the Master Association and the Master Developer shall be released from all obligations pursuant to this M aintenance Agreement which arise after such notice. Upon receipt of a request by the City to Master Developer of a request to complete the notice of assignment to the Master Association as provided in this paragraph c., Master Developer shall promptly notify the Master Association and thereby complete the assignment to the Master Association. d. Entire Agreement and Amendments. This Agreement and the exhibits attached hereto represent the entire agreement between the parties in connection with the subject matter contained herein; and this Agreement supersedes and replaces any and all prior and contemporaneous agreements, understandings and communications between the parties, whether oral or written, with regard to the subject matter hereof. This Agreement may not be modified or amended except in a writing signed by the parties bound by this Agreement. e. Attorneys’ fees. If any party named herein brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action (or proceeding), on trial or appeal, shall be entitled to reasonable attorneys’ fees to be paid by the losing party as fixed by the Cou rt (or if applicable, the arbitrator). f. Counterparts. This Agreement shall be executed in counterparts, and all counterparts shall be as one Agreement. 64 732579.1 4 Section 7. Notices. All notices or other writings required to be presented by this Agreement shall be deemed to have been made when deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows: City of Dublin: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Master Developer: Dublin Crossing, LLC 500 La Gonda Way Suite 100 Danville, CA 94526 Section 8. Exhibits. The following exhibit is attached hereto and made part of this Agreement by this reference: Exhibit A. Recreational Use License Agreement between the City of Dublin and Zone 7 Water Agency, dated February 15, 2005; with Amendments 1 and 2 Exhibit B. Map of Licensed Areas with delineation of maintenance responsibilities Exhibit C. Dublin Crossing Long Term Management Plan IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF DUBLIN __________________________________ City Manager DUBLIN CROSSING, LLC By: __________________________________ Its __________________________________ ATTEST: __________________________________ City Clerk DUBLIN CROSSING, LLC By: __________________________________ Its __________________________________ APPROVED AS TO FORM: __________________________________ City Attorney 3060247.1 65 Agenda Item No. 4.2 Attachment 5 - Exhibits to the Maintenance Agreement 66 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:LGBTQ+ Pride Month Proclamation Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider proclaiming June 2021 as LGBTQ+ Pride Month in Dublin and approving the flying of the Progress Pride Flag during the month of June 2021, consistent with the City’s Outdoor Flag Display Policy. STAFF RECOMMENDATION: Proclaim June 2021 as LGBTQ+ Pride Month in Dublin and approve the flying of the Progress Pride Flag at City Hall during the month of June. FINANCIAL IMPACT: None. DESCRIPTION: Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month is recognized in June of each year. Pride Month commemorates the positive impacts LBGTQ+ people have had in their local communities and the Country as a whole. Throughout the month, people, regardless of their sexual orientation, celebrate these collective impacts through parades, parties, concerts, and other gatherings. The month also memorializes members of the LBGTQ+ community who have been victims of hate crimes or have lost their lives from HIV/AIDS. Staff has prepared the attached proclamation for the City Council’s consideration. Additionally, pursuant to the City’s Outdoor Flag Policy, Vice Mayor Kumagai has requested that the Progress Pride Flag be flown at City Hall for the month of June. Designed by Daniel Quasar in 2018, the Progress Pride Flag is a variation of the classic rainbow flag which includes a five-color chevron to place a greater emphasis on inclusion and progression. The brown and black stripes in the chevron represent marginalized LGBTQ+ communities of color, 67 Page 2 of 2 and the colors of pink, light blue, and white represent members of the transgender community. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) LGBTQ+ Pride Month Proclamation 68 Attachment 1 A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA “LGBTQ+ Pride Month – June 2021” WHEREAS,the City of Dublin is a welcoming community and an exceptional place to live, learn, work, play, and raise a family; and WHEREAS,the United States of America was founded upon and is guided by a set of principles that includes that every person has been created equal, that each has rights to their life, liberty, and pursuit of happiness, and that each shall be afforded the full recognition and protection of the law; and WHEREAS,the City of Dublin recognizes the importance of equality and freedom, and is dedicated to fostering acceptance of all its residents and preventing discrimination and bullying based on sexual orientation and gender identity; and WHEREAS,the City of Dublin is strengthened by and thrives upon the rich diversity of ethnic, cultural, racial, gender, and sexual identities of its residents; all of which contribute to the vibrant character of the City; and WHEREAS,many of the residents, students, City employees, and business owners within the City of Dublin who contribute to the enrichment of the City are a part of the lesbian, gay, bisexual, transgender, and queer community; and WHEREAS,June has become a symbolic month in which lesbians, gay men, bisexual people, transgender, queer people, and supporters come together in various celebrations of pride. NOW, THEREFORE, BE IT RESOLVED,that we, the Dublin City Council, do hereby proclaim June 2021 as “LGBTQ+ Pride Month” in Dublin and encourage all residents to recognize the contributions made by members of the LBGTQ+ community and to actively promote the principles of equality and liberty. DATED: May 18, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 69 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.4 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Iron Horse Trail Bridge at Dublin Boulevard - Amended and Restated Project Funding Agreements (No. A17-0091 and No. A19-0064) with Alameda County Transportation Commission Prepared by: William Wahbeh, Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving the Amended and Restated Project Funding Agreements (No. A17-0091 and No. A19-0064) with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118, extending the term of the agreements and making other minor modifications. STAFF RECOMMENDATION: Adopt the Resolution Approving the Amended and Restated Project Funding Agreements with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118. FINANCIAL IMPACT: The project funding agreements included Measure BB and Transportation Fund for Clean Air funds totaling $6,901,419 for the Iron Horse Trail Bridge at Dublin Boulevard project, CIP No. ST0118 (Project). Agreement No. A17-0091 obligated funds in the amount of $1,294,000 for the preliminary engineering, environmental, and design phases, while Agreement No. A19-0064 obligated funds in the amount of $5,607,419 for the construction phase of the project. The amended and restated agreements do not change the funding amounts. Other funding sources for the Project include Measure B and BB Local Streets & Roads and Bike & Pedestrian Funds, Road Maintenance & Rehabilitation Act (SB-1), State Gas Tax, Transportation for Clean Air grant, Measure RR Safe Routes to BART (SR2B), and the Dublin Crossing Fund. There is no impact to the General Fund. DESCRIPTION: The Five-Year Capital Improvement Program (CIP) includes the Iron Horse Trail Bridge at Dublin 70 Page 2 of 3 Boulevard Project, CIP No. ST0118 (Attachment 6). The project will construct a pedestrian and bicycle bridge structure, support foundations, and graduated ramps facilitating connection to the existing at-grade trail on the north and south sides of Dublin Boulevard at the intersection of Scarlett Drive. The bridge ramps will also connect to Don Biddle Community Park, which is located on the north side of Dublin Boulevard adjacent to the Iron Horse Trail. The free-span bridge will be approximately 230 feet in length and provide a minimum of 17 feet of vertical clearance from the Dublin Boulevard road surface. The entire length of the project, including landings north and south of Dublin Boulevard, as well as the bridge span itself, is approximately 1,200 feet. The project will provide a safer and easier crossing for trail users and facilitate improved traffic flow along Dublin Boulevard by providing a grade-separated bridge crossing over Dublin Boulevard for pedestrians, bicyclists, and BART commuters. The terminus of the southeasterly side of the bridge crossing leads directly to the Dublin-Pleasanton BART Station. The project received two separate discretionary grants from the Alameda County Transportation Commission (ACTC). The first grant, $1,294,000 in Measure BB funds, is for the preliminary engineering, environmental, and design phase. The second grant, $5,607,419 in Measure BB funds and Transportation Fund for Clean Air funds, is for the construction phase. Each grant is subject to a funding agreement between ACTC and Dublin. The project location is adjacent to the Scarlett Drive Extension project, which is being designed and constructed as part of the Boulevard development project. The Scarlett Drive Extension has experienced unanticipated delays in both design and environmental permitting, causing the Iron Horse Trail Bridge Project design to progress slower than anticipated. Because of the unexpected delay, Staff submitted a request to ACTC to extend the terms of the project funding agreements. ACTC supports the extension of the funding agreements and has agreed to new expiration dates of December 31, 2021 for the first agreement, No. A17-0091, and December 31, 2024 for the second agreement, No. A19-0064. The extensions are integrated into amended and restated agreements (Attachments 2 and 3). In addition to extending the expiration dates, the amended and restated agreements also incorporate minor changes that update the agreements to match ACTC’s current agreement format and administrative requirements. The agreement revisions are minor in nature and do not have a material impact to the funding obligation or the administration of the agreements. Project final design is 95% complete and Staff anticipates construction beginning later this year after Kinder Morgan has relocated a petroleum pipeline that conflicts with the new Scarlett Road improvements and one of the bridge footings for this project. STRATEGIC PLAN INITIATIVE: None. 71 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report has been provided to ACTC and the ACTC Citizen Watchdog Committee. The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving Amended and Restated Project Funding Agreements with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project 2) Exhibit A to the Resolution – Amended and Restated Project Funding Agreement (No. A17- 0091) with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project 3) Exhibit B to the Resolution – Amended and Restated Project Funding Agreement (No. A19- 0064) with Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard Project 4) Resolution No. 16-18 Approving a Project Funding Agreement with the Alameda County Transportation Commission 5) Resolution No. 23-20 Adopting a Supplemental Mitigated Negative Declaration and Approving A Project Funding Agreement with the Alameda County Transportation Commission for the Iron Horse Trail Bridge at Dublin Boulevard 6) CIP No. ST0118 72 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDED AND RESTATED PROJECT FUNDING AGREEMENTS WITH ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118 WHEREAS,on February 20, 2018, the City Council adopted Resolution No. 15-18, approving a new Capital Improvement Program Project, the Iron Horse Trail Bridge at Dublin Boulevard (Project) and approving a Consulting Services Agreement with Mark Thomas & Company, Inc. for the final design phase for the Project; and WHEREAS,on February 20, 2018, the City Council adopted Resolution, No. 16-18, approving a Project Funding Agreement No. A17-0091 with Alameda County Transportation Commission (ACTC) allocating $1,294,000 in Measure BB funding for the Project; and WHEREAS,on April 7, 2020, the City Council adopted Resolution No. 23-20 approving a Project Funding Agreement No. A19-0064 with ACTC allocating $5,607,419 in Measure BB and Transportation Fund for Clean Air funding for the Project; and WHEREAS, to receive this grant funding, a local match of $228,000 and $2,694,581 are required and adequate local funds are available to meet the requirements; and WHEREAS,the Project Funding Agreement No. A17-0091 allocated funds for the preliminary engineering, environmental, and final design (PS&E) phases of the Project; and WHEREAS, the Project Funding Agreement No. A19-0064 allocated funds for the construction phase of the Project; and WHEREAS,the Project has been planned to be constructed following the completion of the extension of Scarlett Drive southward to Dublin Boulevard; and WHEREAS,it has been determined that additional time is required for the PS&E and construction phases due to unanticipated delays in completing the Scarlett Drive extension project; and WHEREAS, the City of Dublin and Alameda County Transportation Commission desire to amend and restate the Project Funding Agreements No. A17-0019 and No. A19-0064 to extend the term of the agreements and to incorporate other non-substantive changes in form and administrative requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amended and Restated Project Funding Agreements with Alameda County Transportation Commission attached hereto as Exhibit A and Exhibit B. 73 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager or designee to execute the Agreements, and make any necessary, non- substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 74 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 1 of 16 2021 PFA Version AMENDED AND RESTATED PROJECT FUNDING AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION and the CITY OF DUBLIN for the IRON HORSE TRAIL CROSSING AT DUBLIN BOULEVARD This Amended and Restated Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of March 15, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN, a public agency (“PROJECT SPONSOR”). This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below. ☐2000 Measure B ☒2014 Measure BB ☐Vehicle Registration Fee ☐Transportation Fund for Clean Air ☐CMA TIP RECITALS A.The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds. B.The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended. Attachment 2 Exhibit A to the Resolution 75 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 2 of 16 2021 PFA Version C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF. D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC. E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended. F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors. G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC. H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients. 76 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 3 of 16 2021 PFA Version I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies. J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS. K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information. L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information. M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information. N. ALAMEDA CTC and PROJECT SPONSOR previously entered into that certain Project Funding Agreement dated for reference purposes only as of April 27, 2017 (the “effective date”) governing the implementation of, and funding for, the PROJECT, as such Project Funding Agreement may have been subsequently amended by the parties (“CURRENT AGREEMENT”). ALAMEDA CTC has updated the requirements generally applicable to such Project Funding Agreements, and the parties have agreed to amend and restate the CURRENT AGREEMENT so as to incorporate these updated requirements, without affecting or amending (i) the effective date, the Agreement Expiration Date, or any allowable start date as set forth in the CURRENT AGREEMENT, or (ii) any of the funding commitments set forth in the CURRENT AGREEMENT. O. Notwithstanding anything to the contrary in Recital N above, the parties further wish to amend the CURRENT AGREEMENT to extend the CURRENT AGREEMENT's expiration date from December 31, 2020 to December 31, 2021, pursuant to that certain letter from PROJECT SPONSOR dated January 29, 2021. Pursuant to the Alameda CTC Contracting and Procurement Policies, no specific Commission approval is required for this one-time extension to the CURRENT AGREEMENT. NOW, THEREFORE, it is agreed by and between the parties that the CURRENT AGREEMENT is hereby amended and restated in its entirety as set forth in this AGREEMENT, and the parties agree as follows: 77 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 4 of 16 2021 PFA Version SECTION I PROJECT SPONSOR AGREES: 1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program e. Appendix E: Deliverables and Due Dates f. Appendix F: Project Performance Measures g. Appendix G: Transportation Fund for Clean Air Policies and Requirements 2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information. 3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change. 4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement. 5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. 6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT. 7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s). 8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs 78 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 5 of 16 2021 PFA Version included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT. 9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff. 10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs. 11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third- party contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC. 12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR. 13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request. 14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program. 15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 79 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 6 of 16 2021 PFA Version 16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC. 17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT. 18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities. 19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. 80 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 7 of 16 2021 PFA Version b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT. 20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo. b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website. c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source. d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed. e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances. 21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT. 81 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 8 of 16 2021 PFA Version 22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS. 23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. 24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable. 25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G. SECTION II ALAMEDA CTC AGREES: 1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT. 82 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 9 of 16 2021 PFA Version 3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT. 4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies. 2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR. 3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT. 4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this 83 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 10 of 16 2021 PFA Version AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements. 5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT. 6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT. 7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G: Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies. 8. The laws of the State of California shall govern this AGREEMENT. 9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying. 11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage. 84 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 11 of 16 2021 PFA Version 12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue. 13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC. ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT. 14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies. 15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.16(a) and Section III.16(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA 85 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 12 of 16 2021 PFA Version CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests. e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period. 16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation. 86 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 13 of 16 2021 PFA Version 17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured. 18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources): a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services. b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT. c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT. f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, 87 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 14 of 16 2021 PFA Version its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT. 21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. 22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries. 23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California. 24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party. 25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT. 26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page] 88 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 15 of 16 2021 PFA Version CITY OF DUBLIN (PROJECT SPONSOR) ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC) By: By: Linda Smith Date City Manager Tess Lengyel Date Executive Director Recommended By: Gary Huisingh Date Deputy Executive Director of Capital Projects Reviewed as to Budget/Financial Controls: By: Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to Legal Form: Approved as to Legal Form: By: By: John Bakker Date Legal Counsel to CITY OF DUBLIN Wendel Rosen LLP Date Legal Counsel to ALAMEDA CTC 89 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Page 16 of 16 2021 PFA Version LIST OF APPENDICES APPENDIX A: PROJECT CONTROL INFORMATION Appendix A-1 Project Description Appendix A-2 Project Scope Detail by Phase Appendix A-3 Project Milestone Schedule Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES APPENDIX F: PROJECT PERFORMANCE MEASURES APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT. 90 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 1 APPENDIX A PROJECT CONTROL INFORMATION Appendix Index Appendix A-1 Project Description Appendix A-2 Project Scope Detail by Phase Appendix A-3 Project Milestone Schedule Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail 91 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 2 APPENDIX A-1 PROJECT DESCRIPTION Project Description: This project will build a bicycle and pedestrian bridge over Dublin Boulevard in order to connect two segments of the Iron Horse Trail. This bridge will create a total separation between cars and buses with bicyclists and pedestrians. This will eliminate the possibility of motorized vehicles and pedestrians having a collision, making this segment of the road safer for all users. This bridge will also be aesthetically pleasing in order to attract users and improve the user's experience. The bridge will also connect BART to Dublin in a safe manner, encouraging recreational users of the Iron Horse Trail and the opening of local businesses to promote Dublin's economy. This safe and fast route of crossing the Iron Horse Trail will promote walking and bicycling for both recreational and commuting purposes in Dublin, encouraging the shift from motorized vehicles to alternative forms of transportation. Project Map Project Limit • Bicycle and pedestrian bridge over Dublin Boulevard in order to connect two segments of the Iron Horse Trail. 92 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 3 APPENDIX A-2 PROJECT SCOPE DETAIL BY PHASE The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: PRELIMINARY ENGINEERING/ENVIRONMENTAL • Includes preliminary engineering/environmental activities associated with the project development and applicable environmental clearance(s) for the Iron Horse Trail Crossing Project. FINAL DESIGN (PS&E) • Includes review and approval of design criteria, concepts, and other parameters leading to the construction of the Project. 93 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 4 APPENDIX A-3 PROJECT MILESTONE SCHEDULE Phase/Milestone Begin (Mo/Yr) End (Mo/Yr) Scoping 11/2017 12/2019 Preliminary Engineering/Environmental Studies 9/2019 05/2020 CEQA Approval 9/2019 05/2020 NEPA Approval NA NA Final Design (Plans, Specifications and Estimate (PS&E)) 06/2018 06/2021 Right-of-Way Acquisition NA NA Right of Way Certification 06/2019 09/2020 Construction 06/2021 12/2022 Release Request for Proposal / Advertisement 06/2021 07/2021 Contract Award 08/2021 09/2021 Project Closeout 12/2022 12/2022 94 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 5 APPENDIX A-4 PROJECT COST SUMMARY BY PHASE AND FUND SOURCE This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. PHASE Alameda CTC Administered Funds Sponsor Funds Total Funding 2014 Measure BB TEP-42 TFCA CPM 2019/20 BART SR2B Gas Tax Sales Tax Road M&R Developer Funds Preliminary Engineering / Enviro. Studies $166,000 $ $ $ $ $30,000 $ $196,000 Final Design (PS&E) $1,128,000 $ $ $ $ $198,000 $ $1,326,000 Construction $4,751,000 $856,419 $1,500,000 $445,040 $787,980 $742,000 $1,000,000 $10,082,439 Total Project Cost $6,045,000 $856,419 $1,500,000 $445,040 $787,980 $970,000 $1,000,000 $11,604,439 95 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 6 APPENDIX A-5 PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE Alameda CTC Administered Funds Matching Funds Total Funding Reimbursement Ratio Percentage 2014 Measure BB TEP-42 Preliminary Engineering / Enviro. Studies $166,000 $30,000 $196,000 84.69% Final Design (PS&E) $1,128,000 $198,000 $1,326,000 85.07% Total Funding $1,294,000 $228,000 $1,522,000 Notes: • PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding. 96 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix A – Page 7 APPENDIX A-6 PROJECT PHASE COST DETAIL This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT. PROJECT PHASE COST DETAIL PRELIMINARY ENGINEERING/ ENVIROMENTAL 2014 Measure BB TEP-42 Other Local Total Cost SPONSOR STAFF COSTS Sub-total Sponsor Staff Cost $ - $ 30,000 $ 30,000 CONTRACT COSTS Various Contracts $ 166,000 $ - $ 166,000 Sub-total Contract Cost $ 166,000 $ - $ 166,000 Total Phase Cost (Staff + Contract Costs) $ 166,000 $ 30,000 $ 196,000 PROJECT PHASE COST DETAIL FINAL DESIGN (PS&E) 2014 Measure BB TEP-42 Other Local Total Cost SPONSOR STAFF COSTS Sub-total Sponsor Staff Cost $ - $ 60,000 $ 60,000 CONTRACT COSTS Various Contract $ 1,128,000 $ 138,000 $ 1,266,000 Sub-total Contract Cost $ 1,128,000 $ 138,000 $ 1,266,000 Total Phase Cost (Staff + Contract Costs) $ 1,128,000 $ 198,000 $ 1,326,000 Notes: • Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D). 97 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix B - Page 1 APPENDIX B ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source. TABLE B-1 FUNDS OBLIGATED BY THIS AGREEMENT AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES Fund Source Fund Subset Phase Commission Approval Date Allowable Start Date Expenditure Deadline Date Obligated Amount 2014 MBB TEP-42 PE/Env 4/27/17 7/1/17 The Agreement Expiration Date serves as the expenditure deadline date. $166,000 2014 MBB TEP-42 Final Design (PS&E) 4/27/17 7/1/18 $1,128,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $1,294,000 Previously Approved Expiration Date: December 31, 2020 Revised Agreement Expiration Date: December 31, 2021 Notes: 1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source. 2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation. 3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. 4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT. 5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT. 6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved. 7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. 98 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix B - Page 2 APPENDIX B (CONT.) Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below. TABLE B-2 ALAMEDA CTC ADMINISTERED FUNDS REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE No. Fiscal Year Quarter Fund Source Drawdown Limitation Amount Cumulative Drawdown Limitation Amount 1 FY 17/18 Any 2014 MBB $ 166,000 $ 166,000 2 FY 18/19 Any 2014 MBB $ 564,000 $ 730,000 3 FY 19/20 Any 2014 MBB $ 300,000 $ 1,094,000 4 FY 20/21 Any 2014 MBB $ 200,000 $ 1,294,000 Notes: 1. Fiscal Year (FY) begins July 1 and ends June 30. 2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30. 3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR. 4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved. 99 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix C – Page 1 APPENDIX C REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports. Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”. REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY AND DUE DATES Frequency Required (as checked) Minimum Frequency Period Covered Due Dates ☐ Monthly (once every month) One month By 30 days following the end of billed activity ☐ Quarterly (once every 3 months) Quarter 1: 7/1– 9/30 Quarter 2: 10/1 – 12/31 Quarter 3: 1/1– 3/31 Quarter 4: 4/1– 6/30 By October 31st By January 31st By April 30th By July 31st ☒ Semi-annually (once every 6 months) Quarters 1 & 2: 7/1 – 12/31 Quarters 3 & 4: 1/1 – 6/30 By January 31st By July 31st ☐ Annually (TFCA Annual Report) Fiscal Year: 7/1 – 6/30 By July 31st ☒ Final Request for Reimbursement Any work period eligible under Appendix B. Must be submitted prior to the Agreement Expiration Date Notes: 1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month. 2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required. 3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices. 4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement. REQUEST FOR REIMBURSEMENT AND REPORTING FORMS Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change. List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/ 1. Request for Reimbursement (RFR) Form 2. Alameda CTC Progress Report Form 3. Alameda CTC Final Report Form 4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report) 5. Amendment Request Form 100 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix D – Page 1 APPENDIX D LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto. LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D. The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes: • Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies. • Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer: Seung Cho Director of Procurement and Information Technology Alameda County Transportation Commission Email: scho@alamedactc.org Phone: (510) 208-7472 101 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix E - Page 1 APPENDIX E DELIVERABLES AND DUE DATES Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS. Deliverables and Due Dates No. Description Due Date to Alameda CTC 1 Progress Report No. 1 (July-December, 2017) January 31, 2018 2 Copy of City resolution to award consultant work (PE/Env) January 31, 2018 3 Progress Report No. 1 (January-June, 2018) July 31, 2018 4 Progress Report No. 3 (July- December, 2018) January 31, 2019 5 Progress Report No. 4 (January-June, 2019) July 31, 2019 6 Progress Report No. 5 (July- December, 2019) January 31, 2020 7 Progress Report No. 6 (January-June, 2020) July 31, 2020 8 Progress Report No. 7 (July- December, 2020) January 31, 2021 9 Progress Report No. 8 (January-June, 2021) July 31, 2021 10 Copy of final plans and specifications (PS&E) or City resolution accepting the final plans and specifications By the Agreement Expiration Date 11 Final Invoice By the Agreement Expiration Date 12 Final Report By the Agreement Expiration Date Note: • Per Section III.13 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved. 102 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix F – Page 1 APPENDIX F PROJECT PERFORMANCE MEASURES Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives. Appendix F is Not Applicable. 103 Alameda CTC Agreement No. A17-0091 Project No. 1481001 Appendix G – Page 1 APPENDIX G TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT. Appendix Index Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects 104 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 1 of 16 2021 PFA Version AMENDED AND RESTATED PROJECT FUNDING AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION and the CITY OF DUBLIN for the IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD This Amended and Restated Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of March 15, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN, a public agency (“PROJECT SPONSOR”). This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below. ☐2000 Measure B ☒2014 Measure BB ☐Vehicle Registration Fee ☒Transportation Fund for Clean Air ☐CMA TIP RECITALS A.The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds. B.The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended. Attachment 3 Exhibit B to the Resolution 105 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 2 of 16 2021 PFA Version C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF. D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC. E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended. F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors. G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC. H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients. 106 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 3 of 16 2021 PFA Version I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies. J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS. K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information. L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information. M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information. N. ALAMEDA CTC and PROJECT SPONSOR previously entered into that certain Project Funding Agreement dated for reference purposes only as of April 27, 2017 (the “effective date”) governing the implementation of, and funding for, the PROJECT, as such Project Funding Agreement may have been subsequently amended by the parties (“CURRENT AGREEMENT”). ALAMEDA CTC has updated the requirements generally applicable to such Project Funding Agreements, and the parties have agreed to amend and restate the CURRENT AGREEMENT so as to incorporate these updated requirements, without affecting or amending (i) the effective date, the Agreement Expiration Date, or any allowable start date as set forth in the CURRENT AGREEMENT, or (ii) any of the funding commitments set forth in the CURRENT AGREEMENT. NOW, THEREFORE, it is agreed by and between the parties that the CURRENT AGREEMENT is hereby amended and restated in its entirety as set forth in this AGREEMENT, and the parties agree as follows: SECTION I PROJECT SPONSOR AGREES: 1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. 107 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 4 of 16 2021 PFA Version a. Appendix A: Project Control Information b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program e. Appendix E: Deliverables and Due Dates f. Appendix F: Project Performance Measures g. Appendix G: Transportation Fund for Clean Air Policies and Requirements 2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information. 3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change. 4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement. 5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. 6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT. 7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s). 8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT. 108 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 5 of 16 2021 PFA Version 9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff. 10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs. 11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third- party contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC. 12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR. 13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request. 14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program. 15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status 109 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 6 of 16 2021 PFA Version information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC. 17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT. 18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities. 19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT. 110 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 7 of 16 2021 PFA Version 20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo. b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website. c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source. d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed. e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances. 21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT. 22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS. 23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the 111 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 8 of 16 2021 PFA Version California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. 24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable. 25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G. SECTION II ALAMEDA CTC AGREES: 1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT. 3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT. 4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 112 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 9 of 16 2021 PFA Version 5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies. 2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR. 3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT. 4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements. 5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. 113 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 10 of 16 2021 PFA Version ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT. 6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT. 7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G: Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies. 8. The laws of the State of California shall govern this AGREEMENT. 9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying. 11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage. 12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any 114 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 11 of 16 2021 PFA Version such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue. 13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC. ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT. 14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies. 15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is 115 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 12 of 16 2021 PFA Version required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests. e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period. 16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation. 17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured. 18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources): 116 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 13 of 16 2021 PFA Version a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services. b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT. c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT. f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT. 21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be 117 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 14 of 16 2021 PFA Version done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. 22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries. 23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California. 24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party. 25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT. 26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page] 118 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 15 of 16 2021 PFA Version CITY OF DUBLIN (PROJECT SPONSOR) ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC) By: By: Linda Smith Date City Manager Tess Lengyel Date Executive Director Recommended By: Gary Huisingh Date Deputy Executive Director of Capital Projects Reviewed as to Budget/Financial Controls: By: Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to Legal Form: Approved as to Legal Form: By: By: John Bakker Date Legal Counsel to CITY OF DUBLIN Wendel Rosen LLP Date Legal Counsel to ALAMEDA CTC 119 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Page 16 of 16 2021 PFA Version LIST OF APPENDICES APPENDIX A: PROJECT CONTROL INFORMATION Appendix A-1 Project Description Appendix A-2 Project Scope Detail by Phase Appendix A-3 Project Milestone Schedule Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES APPENDIX F: PROJECT PERFORMANCE MEASURES APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT. 120 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 1 APPENDIX A PROJECT CONTROL INFORMATION Appendix Index Appendix A-1 Project Description Appendix A-2 Project Scope Detail by Phase Appendix A-3 Project Milestone Schedule Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail 121 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 2 APPENDIX A-1 PROJECT DESCRIPTION Project Description: This project will construct a Class 1 bicycle and pedestrian bridge over Dublin Boulevard near the intersection of Scarlett Drive in the vicinity of the East Dublin Pleasanton BART Station. The bridge will connect two existing segments of the Iron Horse Trail, creating a total separation of bicyclists and pedestrians from motorized vehicles. This will eliminate the possibility of motorized vehicles and pedestrians having a collision, making this segment of the road safer for all users. This bridge will also be aesthetically pleasing in order to attract users and improve the user's experience. The bridge will also connect BART to Dublin in a safe manner, encouraging recreational users of the Iron Horse Trail and the opening of local businesses to promote Dublin's economy. This safe and fast route of crossing the Iron Horse Trail will promote walking and bicycling for both recreational and commuting purposes in Dublin, encouraging the shift from motorized vehicles to alternative forms of transportation. Project Map Project Limit • Bicycle and pedestrian bridge over Dublin Boulevard in order to connect two segments of the Iron Horse Trail. 122 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 3 APPENDIX A-2 PROJECT SCOPE DETAIL BY PHASE The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: CONSTRUCTION • The ALAMEDA CTC funds obligated in this AGREEMENT will fund the Construction phase of the Project. 123 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 4 APPENDIX A-3 PROJECT MILESTONE SCHEDULE Phase/Milestone Begin (Mo/Yr) End (Mo/Yr) Scoping 11/2017 12/2019 Preliminary Engineering/Environmental Studies 9/2019 05/2020 CEQA Approval 9/2019 05/2020 NEPA Approval NA NA Final Design (Plans, Specifications and Estimate (PS&E)) 06/2018 06/2021 Right-of-Way Acquisition NA NA Right of Way Certification 06/2019 09/2020 Construction 06/2021 12/2022 Release Request for Proposal / Advertisement 06/2021 07/2021 Contract Award 08/2021 09/2021 Project Closeout 12/2022 12/2022 124 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 5 APPENDIX A-4 PROJECT COST SUMMARY BY PHASE AND FUND SOURCE This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. PHASE Alameda CTC Administered Funds Sponsor Funds Total Funding 2014 Measure BB TEP-42 TFCA CPM 2019/20 BART SR2B Gas Tax Sales Tax Road M&R Developer Funds Preliminary Engineering / Enviro. Studies $166,000 $ $ $ $ $30,000 $ $196,000 Final Design (PS&E) $1,128,000 $ $ $ $ $198,000 $ $1,326,000 Construction $4,751,000 $856,419 $1,500,000 $445,040 $787,980 $742,000 $1,000,000 $10,082,439 Total Project Cost $6,045,000 $856,419 $1,500,000 $445,040 $787,980 $970,000 $1,000,000 $11,604,439 125 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 6 APPENDIX A-5 PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE Alameda CTC Administered Funds Matching Funds Total Funding Reimbursement Ratio Percentage 2014 Measure BB TEP-42 TFCA CPM 2019/20 Construction $4,751,000 $856,419 $2,694,581 $8,302,000 67.54% Total Funding $4,751,000 $856,419 $2,694,581 $8,302,000 Notes: • PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding. 126 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix A – Page 7 APPENDIX A-6 PROJECT PHASE COST DETAIL This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT. PROJECT PHASE COST DETAIL CONSTRUCTION PHASE 2014 Measure BB TEP-42 TFCA CPM 2019/20 Matching Funds Total Cost Contract(s)/Other Direct Costs $4,751,000 $856,419 $2,694,581 $8,302,000 Total Phase Cost (Staff + Contract Costs) $4,751,000 $856,419 $2,694,581 $8,302,000 • Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D). 127 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix B - Page 1 APPENDIX B ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source. TABLE B-1 FUNDS OBLIGATED BY THIS AGREEMENT AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES Fund Source Fund Subset Phase Commission Approval Date Allowable Start Date Expenditure Deadline Date Obligated Amount MBB TEP-42 Construction 6/17/19 7/1/19 The Agreement Expiration Date serves as the expenditure deadline date. $4,751,000 TFCA 19/20 CPM Construction 6/17/19 7/1/19 12/30/22 $856,419 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $5,607,419 Previously Approved Expiration Date: December 31, 2023 Revised Agreement Expiration Date: December 31, 2024 Notes: 1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source. 2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation. 3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. 4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT. 5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT. 6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved. 7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. 128 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix B - Page 2 APPENDIX B (CONT.) Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below. TABLE B-2 ALAMEDA CTC ADMINISTERED FUNDS REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE No. Fiscal Year Quart er Fund Source Drawdown Limitation Amount Cumulative Drawdown Limitation Amount 1 FY 2021-22 1 TFCA $400,000 $400,000 2 FY 2021-22 2 TFCA $456,419 $856,419 3 FY 2021-22 2 MBB $1,001,000 $1,857,419 4 FY 2021-22 3 MBB $1,000,000 $2,857,419 5 FY 2021-22 4 MBB $1,000,000 $3,857,419 6 FY 2022-23 1 MBB $1,000,000 $4,857,419 7 FY 2022-23 2 MBB $750,000 $5,607,419 Notes: 1. Fiscal Year (FY) begins July 1 and ends June 30. 2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30. 3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR. 4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved. 129 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix C – Page 1 APPENDIX C REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports. Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”. REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY AND DUE DATES Frequency Required (as checked) Minimum Frequency Period Covered Due Dates ☐ Monthly (once every month) One month By 30 days following the end of billed activity ☐ Quarterly (once every 3 months) Quarter 1: 7/1– 9/30 Quarter 2: 10/1 – 12/31 Quarter 3: 1/1– 3/31 Quarter 4: 4/1– 6/30 By October 31st By January 31st By April 30th By July 31st ☒ Semi-annually (once every 6 months) Quarters 1 & 2: 7/1 – 12/31 Quarters 3 & 4: 1/1 – 6/30 By January 31st By July 31st ☒ Annually (TFCA Annual Report) Fiscal Year: 7/1 – 6/30 By July 31st ☒ Final Request for Reimbursement Any work period eligible under Appendix B. Must be submitted prior to the Agreement Expiration Date Notes: 1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month. 2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required. 3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices. 4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement. REQUEST FOR REIMBURSEMENT AND REPORTING FORMS Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change. List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/ 1. Request for Reimbursement (RFR) Form 2. Alameda CTC Progress Report Form 3. Alameda CTC Final Report Form 4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report) 5. Amendment Request Form 130 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix D – Page 1 APPENDIX D LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto. LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D. The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes: • Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies. • Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer: Seung Cho Director of Procurement and Information Technology Alameda County Transportation Commission Email: scho@alamedactc.org Phone: (510) 208-7472 131 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix E - Page 1 APPENDIX E DELIVERABLES AND DUE DATES Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS. Deliverables and Due Dates No. Deliverable Deliverable Due Date to Alameda CTC 1 Alameda CTC Progress Report #1: January to June, 2020 July 31, 2020 2 FY 2019-20 TFCA Interim Report (for BAAQMD) July 31, 2020 3 Alameda CTC Progress Report #2: July to December, 2020 January 31, 2021 4 Documentation of contract award Prior to first invoice 5 Alameda CTC Progress Report #3: January to June, 2021 July 31, 2021 6 FY 2020-21 TFCA Interim Report (for BAAQMD) July 31, 2021 7 Alameda CTC Progress Report #4: July to December, 2021 January 31, 2022 8 Alameda CTC Progress Report #5: January to June, 2022 July 31, 2022 9 FY 2021-22 TFCA Interim Report (for BAAQMD) July 31, 2022 10 Alameda CTC Progress Report #6: July to December, 2022 (Only due if Final Invoice & Final Reports cannot be submitted by January 31, 2023) January 31, 2023 11 Documentation of project completion /contract acceptance Within 3 months of project completion, but no later than the agreement expiration date. 12 TFCA Final Report (for BAAQMD) (To include documentation of required funding agency credit/logo usage.) 13 Final Invoice 14 Alameda CTC Final Report Note: • Per Section III.13 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved. 132 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix F – Page 1 APPENDIX F PROJECT PERFORMANCE MEASURES Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives. Appendix F is Not Applicable. 133 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 1 APPENDIX G TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT. Appendix Index Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects 134 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 2 APPENDIX G-1 TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS” The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices. The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last. TFCA Project Number: • 20ALA05 TFCA “Years of Effectiveness”: • 10 years 135 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 3 APPENDIX G-2 BAAQMD-APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD’s Board-Adopted TFCA County Program Manager Fund Policies. The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT: • BAAQMD Board-Adopted TFCA County Program Manager Fund Policies for FYE 2020 • These Policies are available for view and download from the Alameda CTC’s website: • https://www.alamedactc.org/wp- content/uploads/2019/07/FYE_2020_TFCA_CPM_Policies_only.pdf?x33781 Note: The above link provides a copy of Appendix D: Board-Adopted TFCA County Program Manager Fund Policies for FYE 2020 from BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2020. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to BAAQMD, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to SPONSOR. 136 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 4 APPENDIX G-3 TFCA INSURANCE REQUIREMENTS [See Below and Attached] Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD’s Insurance Guidelines, Appendix F of BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending (FYE) 2020. As incorporated into this Agreement, (i) the term “Air District” in the attached shall be deemed to mean and refer to BAAQMD, (ii) “County Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “Grantee” shall be deemed to mean and refer to SPONSOR. INSURANCE REQUIREMENTS Verification of Coverage SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion. Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers. Additionally, SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT. Minimum Scope of Insurance Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below: 1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor. 2. Property Insurance: in an amount of not less than the insurable value of SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment. 3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit not less than $1 million. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance. 137 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 5 County Program Manager Fund Expenditure Plan Guidance FYE 2020 Appendix F: Insurance Guidelines This appendix provides guidance on the insurance coverage and documentation typically required for TFCA County Program Manager Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement. The typical Funding Agreement requires that each Grantee provide documentation showing that they meet the following requirements for each of their projects. The County Program Manager is not required to meet these requirements itself, unless it is acting as a Grantee. 1. Liability Insurance: Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor. Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Grantee. 2. Property Insurance: New Equipment Purchases - an amount of not less than the insurable value of Grantee’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment. Retrofit Projects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Grantee’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment. 3. Workers Compensation Insurance: Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million. 4. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance. The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. County Program Managers should contact the Air District liaison with questions, especially about unusual projects. __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 25 138 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 6 County Program Manager Fund Expenditure Plan Guidance FYE 2020 __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 26 139 Alameda CTC Agreement No. A19-0064 Project No. 1481001 Appendix G – Page 7 APPENDIX G-4 REPORTING FORMS FOR TFCA-FUNDED PROJECTS TFCA Interim Report Form: The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-and- reporting-forms/ TFCA Final Report Form: The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-and- reporting-forms/ Note: There are four TFCA report form templates. Use the appropriate form, as follows: • Form 1 - Trip Reduction Projects, for shuttles/feeder bus operations, ridesharing and transportation demand management (TDM) programs, and Smart Growth projects • Form 2 - Alternative Fuel Vehicles, for all vehicle projects • Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks • Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority (TSP) 140 RESOLUTION NO. 16 - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PROJECT FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION WHEREAS, On April 27, 2017, the Alameda County Transportation Commission allocated to the City of Dublin $1,294,000 through the Measure BB discretionary funds for the Iron Horse Trail Bridge at Dublin Boulevard (Project); and WHEREAS, to receive this grant funding a local match of $228,000 is required and adequate local funds are available to meet this requirement; and WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approve the Project Funding Agreement with the Alameda County Transportation Commission, attached hereto as Exhibit A to this Resolution. BE IT FURHTER RESOLVED that the City Manager is authorized to execute the Project Funding Agreement. PASSED, APPROVED AND ADOPTED this 20th day of February 2018, by the following vote: AYES: Councilmembers Goel, Gupta and Hernandez, and Mayor Haubert NOES: ABSENT:Councilmember Biddle trFriA ABSTAIN:41(r4 Mayor ATTEST: at/v City Clerk Reso No. 16-18, Adopted 2/20/2018, Item No. 4.2 Page 1 of 1 Attachment 4 141 Alameda CTC Agreement No.A17-0091 Project No. 1481001 PROJECT FUNDING AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION and the CITY OF DUBLIN for the IRON HORSE TRAIL CROSSING AT DUBLIN BOULEVARD This Project Funding Agreement("AGREEMENT"),dated for reference purposes only as April 27, 2017,is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION,a joint powers agency ALAMEDA CTC"),and the CITY OF DUBLIN,a public agency("PROJECT SPONSOR"). This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below,and as further specified in Appendix A:Project Control Information and Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT,for the PROJECT,as such term is defined in Recital K below. 2000 Measure B Transportation Fund for Clean Air 2014 Measure BB CIV1A TIP El Vehicle Registration Fee RECITALS A. The voters of Alameda County,pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act,Public Utilities Code Section 131000,et seq.,approved Measure B at the General Election held in November 1986,authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority("ACTA") the responsibility for the administration of the proceeds of the tax along with other funds. The proceeds from the 1986 Measure B tax will be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan("1986 TEP"), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002,a number of capital projects funded wholly or in part by 1986 Measure B funds will not be completed until 2018 or later. B. The voters of Alameda County,pursuant to the provisions of the Local Transportation Authority and Improvement Act,Public Utilities Code Section 180000,et seq.,approved the reauthorization of Measure B at the General Election held on November 7,2000,authorizing the collection of a one-half cent transaction and use tax that will be collected for twenty(20)years beginning April 1,2002 and giving Alameda County Transportation Improvement Authority("ACTIA")responsibility for the administration of the proceeds of the tax along with other funds. The proceeds from the 2000 Measure B tax will be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan ("2000 TEP"), as it may be amended. C. The voters of Alameda County,pursuant to Section 65089.20 of the Government Code, approved Measure F,the Vehicle Registration Fee("VRF"),authorizing Alameda County Congestion Management Agency("ACCMA") to administer the proceeds from a S10 per year vehicle registration fee on Page 1 of 16 142 Alameda CTC Agreement No.A 17-0091 Project No. 1481001 each annual motor-vehicle registration or renewal of registration in Alameda County,starting in May 2011,six months following approval of Measure F.Vehicles subject to the VRF include all motorized vehicles, including passenger cars,light-duty trucks,medium-duty trucks,heavy-duty trucks,buses of all sizes, motorcycles,and motorized camper homes,unless vehicles are expressly exempted from the payment of the VRF. D. By resolutions adopted by the AC"TA and ACTIA Boards on June 24,2010,all of ACTA's functions and responsibilities were assigned to,and accepted by,ACTIA. On that same date,the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC,a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC,ACCMA and ACTIA were terminated as of the close of business on February 29,2012,with ALAMEDA CTC designated as the successor entity. All of its predecessors'functions and responsibilities have been assigned to,and accepted by,ALAMEDA CTC. E. The voters of Alameda County,pursuant to the provisions of the Local Transportation Authority and Improvement Act,California Public Utilities Code Section 180000 et seq.,approved Measure BB at the General Election held on November 4,2014,authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31,2022,and the augmentation of the tax by one-half of one percent,and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax.The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection,which began April 1,2015,with said tax to terminate/expire on March 31,2045.The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan("2014 TEP"),as it may be amended. F. As the Transportation Fund for Clean Air("TFCA")Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC will receive these funds from the Bay Area Air Quality Management District("BAAQMD"),and will then reimburse these funds to eligible project sponsors. G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program,originally established by the ACCMA,for the purpose of providing local or otherwise unrestricted funds to A AmEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program("CMA TIP")by ALAMEDA CTC. H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system,consisting of 1986 Measure B,2000 Measure B,2014 Measure BB,VRF,TFCA,and CMA TIP,are collectively defined as and shall be referenced as the"ALAMEDA CTC ADMINISTERED FUNDS"herein. Direct Local Distribution ("DLD")funding distributed pursuant to 2000 Measure B,VRF and 2014 Measure BB is covered by separate agreements between ALAMEDA CTC and DLD recipients. I.Measure B,Measure BB,VRF,and TFCA funds obligated by this Agreement shall be programmed,allocated,and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans,or the BAAQMD-approved TFCA County Program Manager Policies. Page 2 of 16 143 Alameda Mt Agreement No.A17-0091 Project No.1481001 J.ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan ("CIP") that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS,and the policies,procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS. K. The PROJECT SPONSOR is implementing a project or program("PROJECT")that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A:Project Control Information. L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement,for the PROJECT and the phase(s)described in Appendix A:Project Control Information. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s)described in Appendix A:Project Control Information. M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information. NOW,THEREFORE,it is agreed by and between the parties as follows: SECTION I PROJECT SPONSOR AGREES: 1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A:Project Control Information b. Appendix B:Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C:Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D:Alameda CTC Funding Shift Approval Form e. Appendix E:Local Business Contract Equity Program f. Appendix F:Task Deliverables and Due Dates g. Appendix G:Project Performance Measures h. Appendix H:Transportation Fund for Clean Air Policies and Requirements 2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A:Project Control Information. 3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A:Project Control.Information as soon as PROJECT SPONSOR becomes aware of such changes.Per Section 1II.2,any changes that require an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to the PROJECT SPONSOR implementing the change. Page 3 of 16 144 Alameda CTC Agreement.No.A17-0091 Project No.1481001 4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B:Alameda CTC Administered Funds Obligated by this Agreement. 5. PROJECT'SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. 6. PROJECT SPONSOR shall be responsible for costs in excess of the total of the funding obligations shown in Appendix A:Project Control Information.Costs in excess of the total of the funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended or the parties execute separate agreement for a subsequent phase of the PROJECT. 7. PROJECT SPONSOR shall return to AI.AAIEDA CTC,on a pro-rated basis, funds realized from the sale of any vehicle(s)purchased with ALAMEDA CTC ADMINISTERED FUNDS,if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT'S"Years of Effectiveness"as shown in either Appendix A:Project Control Information or Appendix H:Transportation Fund for Clean Air Policies and Requirements.The amount of funds returned to ALAMEDA CC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s). 8. PROJECT SPONSOR staff costs for any local agency,which receives DID funding,shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT. These costs can be included in the total cost and funding amounts for the purposes of the cost and risk sharing provisions of this AGREEMENT,but PROJECT SPONSOR staff costs shall not be eligible for reimbursement by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT,unless specifically identified as eligible in Appendix A:Project Control Information. 9. Fringe benefits for PROJECT SPONSOR staff time shall not exceed a maximum mark-up rate of 70%of the hourly wage,and shall be based on an audited rate provided by PROJECT SPONSOR. PROJECT SPONSOR staff costs may include the individual's actual hourly wage rate plus an approved fringe benefit of no more than 70%of the hourly wage,and may include direct costs including contracts for services,such as legal counsel,that are considered an extension of the PROJECT SPONSOR'S staff. 10.. Overhead,or"indirect," costs associated with PROJECT SPONSOR staff time are not eligible for the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT,and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs. 11. The cost of maintenance,security,or protection performed by PROJECT SPONSOR or third- party contractors during any temporary suspension of activities associated with the PRC)JECI' will not be considered an eligible cost for reimbursement by ALAMEDA CTC. 12. PROJECT SPONSOR shall advertise, award and administer any professional services contract for PROJECT work not performed by PROJECT SPONSOR. 13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR's selection panels for the selection of professional consultants,and furnish copies of the Page 4 of 16 145 Alameda CTC Agreement No.A17-0091 Project No.1481001 professional services contracts to ALAMEDA CTC for ALAMEDA CTC's review and approval prior to approval by the PROJECT SPONSOR on contracts utilizing Measure B and Measure BB funds. 14. All contracts approved by PROJECT SPONSOR funded wholly or in part by funds authorized by Measure B,Measure BB,and Vehicle Registration Fee administered by ALAMEDA CTC are required to comply with ALAMEDA CTC's Local Business Contract Equity Program as referenced in Appendix E:Local Business Contract Equity Program. To the extent that the procurement of a contract is not required to include the contract goals specified in ALAMEDA CTC's Local Business Contract Equity Program,PROJECT SPONSOR shall not be relieved from the responsibility of reporting LBE/SLBE/VISBE participation in the contract. PROJECT'SPONSOR shall provide this data as required with any request for reimbursement submitted to AI.AMEDA CTC. 15. PROJECT SPONSOR shall require that professional services consultants,construction services contractors,volunteer service individuals involved with the PROJECT,and any other contractors or subcontractors name ALAMEDA CTC,its governing body,officers,employees and consultants as additional insured on all appropriate insurance required by PROJECT SPONSOR for PROJECT.PROJECT SPONSOR shall submit to ALAMEDA CTC current insurance documentation on all appropriate insurance required by PROJECT SPONSOR for PROJECT. If this AGREEMENT includes any TFCA funds,PROJECT SPONSOR shall comply with the insurance requirements specified in Appendix H:Transportation Fund for Clean Air Policies and Requirements. 16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic(i.e.,monthly,quarterly or semi-annually)progress reports.The required progress reporting frequency schedule and forms are provided in Appendix C:Alameda CTC Request for Reimbursement and Reporting Requirements.Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall describe the current status of the PROJECT,actions taken,total costs incurred, reimbursable costs incurred during the previous month;actions expected to be taken during the next month; an updated schedule with estimated completion date,scope changes,project-related issues,notices of potential claims,general project issues,contract change orders,performance reporting,reporting of DBE, LBE,SLBE and VLSBE participation,from prime and first tier subconsultants as applicable,and any additional relevant information requested by ALAMEDA CTC. 17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT,but not more than one such request per month,for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR.The required minimum invoicing frequency and invoice forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements.If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period,in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR is requesting reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract amount of$50,000 or greater in value,e.g.a consultant,contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to.ALAMEDA CTC(upon ALAMEDA CTC'S request)prior to ALAMEDA CTC authorizing reimbursement of such costs. Each Request for Reimbursement shall also include detailed supporting documentation for the total PROJECT Page 5 of 16 146 Alameda CTC Agreement No.A17-0091 Project No. 1481001 costs with the reimbursable portion of the total costs clearly identified. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors,consultants,or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method,subject to approval in advance by ALAMEDA CTC,to document staff costs charged to the PROJECT. 18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log in a format approved by ALAMEDA CTC upon ALAMEDA OTC's request,if the PROJECT includes the acquisition of right of way and/or the relocation or protection of utility facilities.PROJECT SPONSOR shall also provide a monthly update of the right-of-way acquisition plan to ALAMEDA CTC. 19. PROJECT SPONSOR shall keep in one central location all necessary PROJECT'records to demonstrate compliance with this AGRLI MEN'I,including documentation of activities,performance,progress. reports,final report,expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C:Alameda.CTC Request for Reimbursement and Reporting Requirements for a period of not less than five(5)years after ALAMEDA CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR's contractors and subcontractors shall each maintain and make available for inspection and audit all books,documents,papers, accounting records,and other evidence pertaining to the performance of such contracts, including,but not limited to,the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit,or make copies of any PROJECT'records for a period of five(5)years after ALAMEDA C L'C's payment of the final invoice and the PROJECT'SPONSOR'S submittal of the Final Report. The same access shall also be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT. 20. PROJECT SPONSOR shall comply with all of the following publicity requirements under Section I.20 to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMMEDA CTC as a funding source and display the approved ALAMEDA CTC logo,where practical,on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT,and on any publically distributed information(e.g.,fact sheets,flyers,brochures,maps,schedules,websites,press releases),created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT,SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo. b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR's website,or create such a website if none exists,and provide a link to AI..AMEDA CTC website. Page 6 of 16 147 Alameda CTC Agreement.No.A17-0091 Project No.1481001 c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter,local newspaper,e-publications,or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year. For TFCA funding obligated through this AGREEMENT,SPONSOR shall also credit the. BAAQMD as a funding source, d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request,and regularly through the progress and final reporting required by this AGREEMENT,through evidence such as photos of construction and vehicle signage,copies of print,electronic and other media published to satisfy this requirement. For TFCA funding obligated through this AGREEMENT,SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed. e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under Section I.20 due to extraordinary circumstances. 21. PROJECT SPONSOR shall,to the extent not otherwise prohibited by law,and to the extent required by the California Public Records Act(California Government Code section 6250 et seq.),place in the public domain any software,written document,or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT. 22. PROJECT SPONSOR shall participate,upon the request of ALAMEDA CTC,in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits being derived from the use of ALAMEDA CTC ADMINISTERED FUNDS. 23. PROJECT SPONSOR shall obtain all state,local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act(NEPA)and the California Environmental Quality Act(CEQA),as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. A list of permitting agencies,required agreements and coordinating agencies is included in Appendix A:Project Control Information. 24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC's request,in regard to its receipt,compliance audit findings,and usage of its funds before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable. 25. For TFCA funds obligated by this AGREEMENT,a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five(5)years from the date of BAAQMD's final audit determination.Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented.A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds.A failed BAAQMD Page 7 of 16 148 Alameda CTC Agreement No.M7-0091 Project No. 1481001. performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREEMENT,PROJECT SPONSOR shall return to ALAMEDA CTC,on a pro-rated basis,TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout and at least until the conclusion of its"Years of Effectiveness"as shown in Appendix H:Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT,PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC.The required content for the TFCA Final Report is identified in the TFCA Final Report Form,included in Appendix H. SECTION II ALAMEDA CTC AGREES: 1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able,upon request and as necessary,in resolving issues related to the PROJECT. 3. AI.AMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT. 4, ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR,which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1.That obligations of ALAMEDA LJI'C ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT covered by this AGREEMENT,or between activities in the same phase of the PROJECT,provided that PROJECT SPONSOR: (A)obtains ALAA EDA OTC's prior written approval through completion and submittal to ALAMEDA CTC of the form in Appendix D:Alameda CTC Funding Shift Approval Form,and(B)provides a revised and updated Appendix A:Project Control Information to ALAMEDA CTC which reflects the requested shift of the funding obligations authorized by this AGREEMENT and demonstrates that the phase or activity from which the funds were shifted remains Page 8 of 16 149 Alameda CTC Agreement No.A17-0091 Project No.1481001 fully funded. Alternatively,ALAMEDA C:l'C ADMINISTERED FUNDS may be shifted through an amendment to this AGREEMENT executed by the parties,which amendment shall incorporate a revised and updated Appendix A as described above. 2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an"Administrative Amendment"for any minor schedule revisions,deliverables,or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR.Administrative amendment requests sent to A1.AMEDA C'FC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR. 3. For the purposes of this AGREEMENT,(i}a"Contract"shall mean and refer to a third party agreement with the PROJECT'SPONSOR for services related to PROJECT,including agreements with another public agency,consultant firm,contractor or entity;(ii)"PROJECT SPONSOR Staff'costs include costs related to staff dedicated directly to manageinent,oversight,or development work on the project and may include direct costs including contracts for services,such as legal counsel,that are considered an extension of PROJECT SPONSOR Staff;(iii)"Capital"with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property,access rights and other property interests;and(iv) "Agreement Expiration Date"shall mean and refer to the expiration date of this AGREEMENT. 4. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B:Alameda CTC Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this AGREEMENT. In all cases,reimbursable costs will be limited to those costs shown in Appendix A:Project Control Information,to be funded by ALAMEDA CTC as shown in Appendix B:Alameda CTC Administered Funds Obligated by this Agreement. 5. ALAMEDA crc ADMI.INISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC.The AGREEMENT shall be amended,as necessary,to reflect the applicable requirements. 6. If additional local,state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT,ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. ALAMEDA CTC ADMINIST'ERED FUNDS offset by additional local,state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT,as described in Appendix A:Project Control Information,has been committed and/or encumbered to the PROJECT. 7.Should any portion of PROJECT be financed with federal or state funds,all applicable laws, rules and policies relating to the use of such funds shall apply,notwithstanding other provisions of this AGREEMENT. 8. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix H: Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder.ALAMEDA CTC Page 9 of 16 150 Alameda CTC Agreement No.A17-0091 Project No.1481001 will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies. 9. The laws of the State of California shall govern this AGREEMENT. 10. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location.For projects with TFCA funds obligated by this AGREEMENT,all correspondence and communications will also contain the TFCA project number as identified in Appendix H:Transportation Fund for Clean Air Policies and Requirements. 11. AI.AMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees,and shall require its contractors and subcontractors to agree, to cooperate with ALAmEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying. 12. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A:Project Control.Information,and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis,as used herein,equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase,divided by the total funding for the phase, as shown in Appendix A:Project Control Information. For any Request for Reimbursement which includes such expenditures,PROJECT SPONSOR shall(i)report the total expenditures during the reimbursement period,(ii)indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT,and(iii)request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.For TFCA funds obligated by this AGREEMENT,in the event reimbursement requests are greater than available funds due to delays in ALAMEDA CT'C's receipt of revenue from BAAQMD,available funds will be reimbursed to PROJECT'SPONSOR based on the percentage that the PROJECT cost bears to AI.AMEDA CTC's overall TFCA program revenue total until such time full funding is available. 13. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current,approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC.If PROJECT SPONSOR fails to submit the required deliverables or othenvise fails to meet the reporting and invoicing requirements of this AGREEMENT,ALAMEDA CTC.may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty(30)days prior to the effective date of any such action,ALAMEDA CTC will endeavor to notify PROJECT'SPONSOR in writing that the required deliverables,invoicing and reporting is overdue. 14. Request for Reimbursements submitted after the Agreement Expiration Date identified on Appendix B:Alameda CTC Administered Funds Obligated by this AGREEMENT will not be considered for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty(60)days before the Agreement Expiration Date,and the exception is approved byALANtt?,DA crc. ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and. this AGREEMENT. Page 10 of 16 151 Alameda CTC Agreement No.A17-0001 Project No. 1481001 15. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA Cl.C ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT,irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a)through Section III.16(f),the provisions of which are intended to provide further detail regarding the application of such Policies,shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC,the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which incorporates the applicable terms of such revised Policies. 16. For the purposes of the following provisions,"ALAMEDA CTC Share"shall mean the percentage share of the original property purchase price funded by A1AMIDA CTC ADMINISTERED FUNDS i.e.,if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS,ALAMEDA CTC Share shall equal 100°fo);any appraisal required under Section III.16(a)and Section III.16(f)only,shall be conducted at no cost to ALAMEDA CTC;"Fair Market Value"of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction,or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction;and"CPI"means the Consumer Price Index,All Items for All Urban Consumers,San Francisco- Oakland,San Jose,CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition,and the PROJECT is cancelled or otherwise does not begin construction within three(3)years after the effective date of AGREEMENT(as such deadline may be extended by agreement between the parties hereto),then PROJECT SPONSOR shall,within one(1)year after such cancellation decision or the expiration of such. three(3)year period,reimburse ALAMEDA CTC for the greater of the following:ALAMEDA CTC Share of the property's Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property,as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date AI..,..TEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT,and if the PROJECT begins construction within three(3)years after the effective date of this AGREEMENT(as such deadline may be extended by agreement between the parties hereto),then PROJECT SPONSOR shall,within one(1)year after PROJECT completion,reimburse ALA F.DA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be"excess property"after the completion of the PROJECT and disposal of the"excess property." c. If the PROJECT begins construction within three(3)years after the effective date of this AGREEMENT(as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph(iv)below,no reimbursement is due with respect Page 11 of 16 152 Alameda CTC Agreement No.A 17-0091 Project No. 1481001 to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJEc T'. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e.,rental or other income generated by the property,less reasonable costs for insurance,maintenance and related items)from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS,PROJEC,1` SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs,and document such revenue separately in project reimbursement requests. e. If PROJECT is suspended,PROJICI'SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINlsTERED FUNDS shall be available for PROJECI construction within ten(10) years of ALAMEDA CTC reimbursement to the.PROJECT SPONSOR. If,after ten(10) years, PROJECT has not been completed,PROJECT SPONSOR shall reimburse A.IAMEDA CTC Share of the fair market value of the property,based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CI C,within one(1)year after the expiration of this ten (10)year period. 17. If condemnation procedures are required to obtain possession to Right-of-Way,Al. AMLDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation,the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account. 18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured. 19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following; a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements,including the costs for preparation ofdocuments, negotiations and legal services. b. The cost of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations(and net of any relocation payments provided by other sources)when the PROJECT displaces an individual,family,business,farm operation or nonprofit organization. Page 12 of 16 153 Alameda CTC Agreement No.A17-0091 Project No.1481001 d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. e. The cost of all unavoidable utility relocation,protection or removal necessary for the completion of the PROJECT. f. The cost of all necessary hazardous material and hazardous waste treatment,encapsulation or removal and protective storage for which.PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 20. If PROJECT SPONSOR materially breaches this AGREEMENT,including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT,or failing to comply with applicable regulations,ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 21. Neither ALAMEDA CTC,nor its governing body or any officer,consultant,or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed,pursuant to Government Code Section 895.4,PROJECT shall fully defend,protect,indemnify and hold harmless ALAMEDA CTC,its governing body,and all its officers,employees,agents,representatives,and successors-in- interest,against any and all liability,loss,expense,including reasonable attorneys'fees,or claims for injury(as defined in Government Code Section 810.8)or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT,including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.If TFCA funds are obligated by this AGREEMENT,PROJECT SPONSOR shall also fully defend,protect,indemnify and hold harmless BAAQMD, its governing body,and all its officers,employees,agents,representatives,and successors-in-interest,from any liability imposed on.BAAQMD for injury(as defined in Government Code Section 810.8)occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT'. 22. Neither PROJECT SPONSOR,nor its governing body or any officer,consultant,or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work,authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed,pursuant to Government Code Section 895.4,ALAMEDA CTC shall fully defend,protect,indemnify and hold harmless PROJECT SPONSOR, its governing body,and all its officers,employees,agents,representatives,and successors-in-interest,against any and all liability,loss,expense,including reasonable attorneys'fees,or claims for injury(as defined in Government Code Section 810.8)or damages occurring by reason of anything done or omitted to be done by ALAMEDA CI`C in connection with PROJECT,including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. Page 13 of 16 154 Alameda CTC Agreement No.A17-0091 Project No.1481001 23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than AF.AMEDA C1'C and PROJECT SPONSOR and has no third-party beneficiaries. 24. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care,or for any other cause of action,will be subject to the statutes of limitations of the State of California. 25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party. 26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B:Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing,Sections III.21 and Section 111.22 shall survive the termination or expiration of this AGREEMENT. 27. This AGREEMENT,including its Recitals and Appendices,constitutes the entire AGREEMENT.This AGREEMENT may be changed only as allowed in Sections III.1 and Section 11I.2 of this AGREEMENT or by a written amendment executed by both parties. Signatures on the next page] Page 14 of 16 155 Alameda CTC Agreement No.A17-0091 Project No.1481001 CITY OF DUBLIN ALAMEDA COUNTY PROJECT SPONSOR)TRANSPORTATION COMMISSION ALAMEDA CTC) 3 By: By: Christopher L.Foss Date Arthur L.Dao Date City Manager Executive Director Recommended Recommended By: By: Gary Huisingh Date Vivek Bhat Date Public Works Director Director of Programming and Project Controls Reviewed as to Budget/Financial Controls: By: Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to Legal Form: Approved as t. Legal Form: By: By: John Bakker Date Wend e l, .,en,Black&D uT Date Legal Counsel to CITY OF DUBLIN Legal 0'ounsel to ALAMEDA CTC Page 15 of 16 156 Alameda CTC Agreement No.A17-0091 Project No. 1481001 LIST OF APPENDICES APPENDIX A: PROJECT CONTROL INFORMATION Appendix A-1 Project Description Appendix A-2 Project Phase Descriptions Appendix A-3 Project Milestone Schedule Appendix A-4 Project Responsibility Checklist Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail and Special Considerations Appendix A-7 Permits/Agreements/Coordinating Agencies APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS Appendix C-1 Request for Reimbursement and Progress Reporting Frequency Requirements Appendix C-2 Sample Alameda CTC Request For Reimbursement Instructions and Forms Appendix C-3 Sample Alameda CTC Progress Report Format Appendix C-4 Sample Alameda CTC Final Report Format APPENDIX D: ALAMEDA CTC FUNDING SHIFT APPROVAL FORM APPENDIX E: LOCAL BUSINESS CONTRACT EQUITY PROGRAM APPENDIX F: TASK DELIVERABLES AND DUE DATES APPENDIX G: PROJECT PERFORMANCE MEASURES APPENDIX H: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix H-1 TFCA Project Number and"Years of Effectiveness" Appendix H-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix H-3 Minimum required insurance for TFCA-funded projects Appendix H-4 Annual Interim(Progress)Report to BAAQMD for TFCA-funded projects Appendix H-5 Final Report to BAAQMD for TFCA-funded projects Note:Appendix H is only included and attached to this AGREEMENT if TFCA fiends are obligated and applicable to AGREEMENT. Page 16 of 16 157 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX A PROJECT CONTROL INFORMATION Appendix Index Appendix A-t Project Description Appendix A-2 Project Phase Descriptions Appendix A-3 Project Milestone Schedule Appendix A-4 Project Responsibility Checklist Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail and Special Considerations Appendix A-7 Permits/Agreements/Coordinating Agencies Appendix A—Page 1 158 lameda CTC Agreement No.A17-0091 Project No.1481001 A Pr APPENDIX A-I PROJECT DESCRIPTION Project Title: Iron.Horse Trail Crossing at Dublin Boulevard Project Description: This project twill build a bicycle and pedestrian bridge over Dublin Boulevard in order to connect two segments of the Iron Horse bail. I his bridge will create a total separation bettiveen cars and buses with bicyclists and pedestrians.This will eliminate the possibility of motorized vehicles and pedestrians having a collision,making this segment of the road safer far all users.This bridge will.also be aesthetically pleasing in order to attract users and improve the user's experience.The bridge will also connect BART to Dublin in a safe manner,encouraging recreational users of the Iron Horse Trail and the opening of local businesses to promote Dublin's economy.This safe and fast route of crossing the Iron Horse Trail will promote walking and bicycling for both recreational and commuting purposes in Dublin, encouraging the shift from motorized vehicles to alternative forms of transportation. Project Map Project Location{See w. x\ x t x Next Page for Uetalls} a t T.1„,:ro!,, t,t4i-k',01,"*...'' t: 4 , 44. --* N4'11' ° /: — ublingt,tt, ," . '', • ., ,' rr° f ay$` t tll i ''''''y . '',..,„„,,,,l/-; , -*" ,, a,,, .',. Transit CenterfQubbn """j crosvngs PDA t ,„ interstate 5. . i p„..,,,,_, mot' 3< Oublin(E easantan Transnc.KeJ4vt3a 1 r:°t'' 41 C nzsxysPOA r v';C3jsTfN-,, t”' BART station g, 'AtY,' e,... , jAA t}Ut7alr7 aivd 11111! raw emi "i t lr t fe t 1 1 Appendix A-Page 2 159 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX A-2 PROJECT PHASE DESCRIPTIONS The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: PRELIMINARY ENGINEERING/ENVIRONMENTAL Includes preliminary engineering/environmental activities associated with the project development and applicable environmental clearances)for the Iron Horse Trail Crossing Project. FINAL DESIGN(PS&E) Includes review and approval of design criteria,concepts,and other parameters leading to the construction of the Project. Appendix A—Page 3 160 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX A-3 PROJECT MILESTONE SCHEDULE Begin End Phase/Milestone Mo/Yr) Mo/Yr) Preliminary Engineering/Environmental Studies 11/2017 12/2018 CEQA Approval 11/2017 12/2018 NEPA Approval if needed) 11/2017 12/2018 Final Design(Plans,Specifications and Estimate(PS&E)) 06/2018 06/2020 Right-of-Way Acquisition(need to determined as part of the final 06/2018 06/2020design) Construction 10/2020 10/2022 Appendix A—Page 4 161 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX A-4 PROJECT RESPONSIBILITY CHECKLIST Project Responsibility Checklist:The table below identifies specific project responsibilities of the ALAMEDA CTC and the PROJECT SPONSOR for implementing the PROJECT contained in this AGREEMENT. Appendix A4 is not applicable to ibis AGREEMENT. Appendix A—Page 5 162 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX A-5 PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE Alameda CTC PHASE Administered Funds Other Total Reimbursement 2014 Measure BB Funds Funding Ratio Percentage TEP-42 Preliminary Engineering/Environmental 166,000 $30,000 $ 196,000 84.69% Final Design (PS&E) 1,128,000 $ 198,000 $ 1,326,000 85.07% Total Funding 1,294,000 $ 228,000 $ 1,522,000 Notes: 1. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase.Each Alameda(n-c Administered Fund amount identified is a not-to-exceed amount.The Reimbursement Ratio is defined as ALAMEDA Clr, ADMINISTERED FUNDS over the Total Funding. Appendix A—Page 6 163 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX A-6 PROJECT PHASE COST DETAIL This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT. PROJECT PHASE COST DETAIL PRELIMINARY 2014 ENGINEERING/ Measure BB Total ENVIROMENTAL TEP-42 Other Local Cost SPONSOR STAFF COSTS Sub-total Sponsor Staff Cost $ 30,000 $ 30,000 CONTRACT COSTS Various Contracts 166,000 $ 166,000 Sub-total Contract Cost $ 166,000 $ 166,000 Total Phase Cost $ 166,000 $ 30,000 $ 196,000 Std+Contract Carts) PROJECT PHASE COST DETAIL 2014 FINAL DESIGN(PS&E) Measure BB Total TEP-42 Other Local Cost SPONSOR STAFF COSTS Sub-total Sponsor Staff Cost $ 60,000 $ 60,000 CONTRACT COSTS Various Contract 1,128,000 $ 138,000 $1,266,000 Sub-total Contract Cost $ 1,128,000 $ 138,000 $ 1,266,000 Total Phase Cost $ 1,128,000 $ 198,000 $ 1,326,000 Staff- Contract CoJts) Appendix A—Page 7 164 Alameda CTC Agreement No,A17-0091 Project No. 1481 001 APPENDIX A-7 PERMITS/AGREEMENTS/COORDINATING AGENCIES A list of permitting agencies,required agreements and coordinating agencies is included in this appendix. Per Section 1.23 of this AGREEMENT,PROJECT SPONSOR shall obtain all state,local and federal permits and approvals for work,including environmental approvals in accordance with the National Environment Policy Act(NEPA)and the California Environmental Quality Act(CFQA),as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. COORDINATING AGENCIES: Alameda County Public Works Agency(ACPWA) Alameda County Transportation Commission(ALAMEllA CTC) Zone 7 East Bay Regional Parks District BART Appendix A—Page 8 165 Alameda.CTC Agreement No.A17-0091 Project No.1481001 APPENDIX B ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source. TABLE B-1 FUNDS OBLIGATED BY THIS AGREEMENT AND ALLOWABLE START AND EXPENDDITURE DEADLINE DATES Fund Fund Commission Allowable Expenditure Obligated Source Subset Phase Approval Start Date Deadline Date Amount Date 2014 MBB TEP-42 PE/Env 4/27/17 7/1/2017 The Agreement 166,000 Final Deli Expiration Date tents 2014 MBB 42 gn 4/27/17 7/1/2018 as theexPernfitern 1,128,000 1.S&E) dead/hit Total Alameda CTC Administered Funds Obligated by AGREEMENT: $ 1,294,000 Agreement Expiration Date: December 31,2020 Notes: 1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT,by fund source. 2. The Commission Approval Date is the date of the Commission Meeting that authorized and approved the allocation. 3. The Allowable Start Date identified for each fund source is the earliest date to incur eligible reimbursable costs.Any costs incurred on the PROJECF before this date will not be eligible for reimbursement under this AGREEMENT. 4. The Expenditure Deadline Date identifies is the last date to incur eligible reimbursable costs. Any costs incurred on the PRojEcr after this date will not be eligible for reimbursement under this AGREEMENT. 5, The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT. 6. For TFCA funds obligated by this agreement the identified Expenditure Deadline Date in the above table is two(2)years from the date of the first receipt of funds by the ALAMEDA CTC from BAAQMD,unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA arc.Extended deadlines will be reflected in the above table. Appendix B-Page 1 166 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX B(CONT.) Reimbursement-of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below. TABLE B-2 ALAMEDA CTC ADMINISTERED FUNDS REIMBURSEMENT-DRAWDOWN LIMITATION SCHEDULE Quarterly Cumulative No. Fiscal Year Quarter Fund Source Drawdown Drawdown Limitation Limitation Amount Amount 1 FY 17/18 Any 2014 NIBB 166,000 $ 166,000 2 FY 18/19 Any 2014 MBB 564,000 $ 730,000 3 FY 19/20 Any 2014 MBB 564,000 $ 1,294,000 Notes: 1. Fiscal Year(FY)begins July 1 and ends June 30. 2. Quarter 1 begins July 1 and ends September 30;Quarter 2 begins October 1 and ends December 31;Quarter 3 begins January 1 and ends March 31;and Quarter 4 begins April 1 and ends June 30. 3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following a receipt and approval of a Request for Reimbursements)by the PROJECT SPONSOR. 4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CI'C's written approval.Any portion of a reimbursement request,which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter. Appendix B-Page 2 167 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX C REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS Appendix Index Appendix C-1 Request for Reimbursement and Progress Reporting Frequency Requirements Appendix C-2 Sample Alameda CTC Request For Reimbursement Instructions and Forms Appendix C-3 Sample Alameda CTC Progress Report Format Appendix C-4 Sample Alameda CTC Final Report Format Note: The latest electronic versions may be obtained from http://www.alatnednoc„orgiapp paws/view/8066. The format and content required are subject to change. Appendix C—Page 1 168 AIameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX C-1 REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports. Requests for Reimbursements and Progress Reports are required either monthly,quarterly,or semi-annually,as indicated below with an"X". REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY AND DUE DATES Frequency Required Minimum Frequency Period Covered Due Dates as(baked) Monthly One month By 30 days of end of billed once envy month) activity Quarterly Quarter 1: 7/1—9/30 By October 31st once eueg 3 months) Quarter 2: 10/1 —12/31 By January 31st Quarter 3: 1/1—3/31 By April 30th Quarter 4: 4/1—6/30 By July 31st Semi-annually Quartets 1&2: 7/1—12/31 By January 31St once every G months) Quarters 3&4: 1/1—6/30 By July 31st Annually Fiscal Year: 7/1 --6/30 By September 30th. I k'C.A Annual Report) Final Request for Any work period eligible Must be submitted prior to the Reimbursement under Appendix B. Agreement Expiration Date. Notes: 1. For all projects,the maximum frequency for Requests for Reimbursement are one(1)per month. 2. If no costs were incurred during the reporting period,a progress report for the corresponding period is still required. 3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda C"£C progress reports and invoices.See Appendix II for TFCA-specific report forms. 4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement. Appendix C—Page 2 169 Alameda crc Agreement No.A17-0091 Project No.1481001 APPENDIX C-2 SAMPLE ALAMEDA CTC REQUEST FOR REIMBURSEMENT INSTRUCTIONS AND FORMS i.,,.,A is,,,.fOTtA 3 1,-445 CU 5A^'"rtttN h+A Request far Reimbursement Summary rte,.. Win. a,.++r+n .Prrw.dfra' M. fs RC Ai°+iasN Fa*R OtsLwa,Sles+ Nfss. OW,' 0C455, 1111.1111111.11 rt 3 e l.u.ee`.. zaa uw-.a..sM 4. - 1. n !. x mr agy.t M>, lz ...•• w ... ...Aka 11 e I 1 t ®' 1!© . YS-..»a..Q r.n..".ke++..s e FORM 2 SPONSOR COST DETAIL twist Cps..., a 55X tetFP5-LtiaO fimat,t,t Ft._ C r.-rt tic C Pe*.It.-54•51454 O sr«-a:vo.c 15,-,•,‘ ifmxs•1.1 I SECTION A SPONSOR SEW TIME COST DETAIL Onaul S x>.,&. swnwtr Ai,n mnC oA.r tout Aa.,asa.tTCT4:dea CRxur Ma Willi 1Li\X4k ' ' K i.utCwb 5k ' a NW . t 4a 0C Otis $ 5 Oao $ S 5 Ow $ S 5 000 S S 5 NE 5 S 5 aw 5 5 5 0 T 5 5 5 aw 5 5 5 000 5 5 5 Totel Staff eoeb $ 5 - 5 • i SECTxxt 9:SOON-SOROIRECT COSTSta:cus.....ve.tr..m°an c_<w..xc-Art et,rot..-yrz PANE/ Ahmed..CT[ dAaW\mdor trG!Oesta an r#Cest 0011.1013dKa'e.dedt.rte NNW 5 5 - 5 - 5 - S S sn $ SAO $ tae. S 5 ToNICAtettfotb ,5 SOS S 500 5 Than A t >-.-e • OIKNAQMR 5 San I s S.aa,s SGCOI s>1 r• %' b .le.or a-.':.«n v",t Ia?reRaHm:ki.'RxFV.-'>1 ec Cc.e• $ i 3..st.xas- -,..e.r..aa a ..w.e.1.-a.,-e:pa IttdArAAN di/s3.nla,!-trs k•:efll /.Y.M* Ia iks€( Appendix C—Page 3 170 Alameda crc Agreement No.A17-0091 Project No.1481001 FORM 3 SPONSOR STAFF RATE SHEET hood spats. a 1.5.050.5[IC 34e.5.5se.h55.1 0000 N,50: 0 150110 Ka-(All*0 0 1-ersa: 0 Spoent05 4o4‘ Frksar f axe A15500,R treat.Urn<0.10 05.541.1 1504551 Staft Rale Ada hOjitt 15055.1 01.5-055 004 t 555 (SI 140 00 03 70075 S 70 COS S 70.074 S loccrA S 70 S • 70.C.05 5 MOD% 5 10,07S S 70,105 10.0)55 S 70074 701(04 5 70 105 S 70075 70505 5 70 f:051 5 700)55 S 70.0:15: MOCK S 70.0.1.: 70005 0.075 S 70075 10,075 _ e.ma's con,.. yo.nos cosm sow 1011014 0.M0r111101.1.... as< trrwerlyas MAW 41.00.3.11 km... M.,.tWier Orova11,00.Atorial..* 55.555,5 0555t5.5....5<55550,55. I els law fl p•1 C0az 0 450 1' 5. 0. 00 15 5.5 t • $ pet, 01 Sia.4,11171400110.‘11WAIVA I.,bum 1. • • so ram, adv.-•M tan t.64'-.1alta WM • 1 - *KS OA ho tan. 5.5155-0505.0 1,41•••leas Told f.1,1* 4: fly". cm Appendix C—Page 4 171 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX C-3 SAMPLE ALAINMEDA CTC PROGRESS REPORT FORMAT ype-f.m a.0-.en.er.vca C,AOSS@VCN6 TOROK.LiM.SCHIPM.iAJ(NUA9C[SISASUOIS iROIECT PRO,IRESS At PORI p m.xs.nea a¢sevu.:t.9 r•V.aotesr x.GHspar.R C,04 47 re;VYgm N S44:w••R WWI pI1[..__........._.............._... 4.4.__4.4.. D Sc.pt iMURT MAWR Rztttd Cr. 4._4.4.4. p Sdrrle t+CIRMV iOt D reare...a.YMa—. OiTV:tfY.00 M.ro..mrat SRn,Y'+a/+l+tsS YSdM tmrT rrr:..,wgr.+.s....ve<:5rc kei h.calr..:i-rn!.^..a Jn.r.w dc,.rr. livtspta+t'gt.a+..rr went.44.-mee 4.}lIT>Tafa.a,uuSP AVM Milli n.x,a«.....:z^0AvtrYArx fen.14-,,.+u. Tv MTENTOICSAVS a Mtmtep.,sh nb4en440414Ia1v44414 SIC.»aaa}Y Mlfl -"r: '+:asn p Ilnea-env h.Sc•trif-,,IOa+a,Ka C wt:srYt412:.«4.1. E .; 1 t D tnxa.tpV bummed PrlrYSaYS NartNS OC{aTNYRt:r:'Sl ar,. n,.ee a.P....Vf -...rrri:.411NcR.:$dF.MYCtam wta.haft@ PT.iaa• s44i23a11:a,nita 4,4c.r.-*.t Acnous S.tYIENWII%LSAR9tflU W.SSVTNSY t ti Gdn.na 11.41.$1,4 1014 r A I 4..4._4.4.... _ TAS t,Nuh:Y.M a+G.'S N{t1't 7..Vbi Y.ITV FEW+FMIN IS L Nit m6<,it Oe Eten-S«e:a'St:{:k•t.a 141 C 5.«f•,•,w,•54fanc•...Alr CaFail^#aS..y,,..0 C hriati.a .Aw i4.P.RtW S..s^+.ea,.t.b9W7^dr.•p.:Ye'*x14.5.64... oaaseumM Ntl.rasxwYOn 4.4..4.4._.. 4.4.4.4... ..4.4.4..4.._._ Ck4.'SabAN•+H P+r rreNlen..?ta my 04rt.3a.as.R.1st,wcr, orrA le Yext!hY.W -Sallrt lJCv.arAfl w C Pas.dOt rcl 1 1 savaaYleIa MU.L_.c PEORESS tYGR IPK. S.s.aor.CAMgila'6SAs 7111V.gM44/01,4. C hae Mterav Wav ta.r+re,..atn.+al4Ne9 bi- C hamstIt ..44waa 1..yro R»liras rd.Jd:.m..tYah}r x.. ne.w+.a, •Ya.s+.aYa......e<...Na.u.v a-.aa..•.,t...1. t-bxev Wn..n Tv pi`a..avraad r.N.yr.;. An.w.tv+s.sr..a.rerw TO* .1..rxt»Y»s fl nesse nowt. nHa tn. naa. >y v a Ai. Yt<Y t r ) } ISn a$fsVtl i Edq wtxt Tye{ Pete t,1 ri •••v.-+.f+Y,..1 IS S i S •t a ML. lAf>Wx. yv..N• T YS { {f S 8 I E t 3 t1 t nxr.tsvpi..r S S _2 1 4.4.4...4.4.4.4.. 4.4.4.4... m}aawb--.awrM+w..N}t'ae'+F:saeSwAtIMN.v'.r 4irw. t.•04 t,var n..y. t st•xt Appendix C—Page 5 172 Alameda CTC Agreement No.A17-009I Project No. 1481001 APPENDIX C-4 SAMPLE ALAMEDA CTC FINAL REPORT FORMAT 3.W114.0012f tiXtiFTS Kai RIPON trafiak•&,efeclureba Op*.beArfeseamtrso. MR DU OMR!F1ROIECT fOROMUlt Pt4A.S3tH MitatKlifOlt — VASSOt ft3011.0 NOM 4,Riatfill.001Mil httatitt0 SWAM 1,00:1L-7 Rt5C.FrION Tat3.1 sr.14431.-afte.pan n,irn,a re,* C-ht, 4a Veasve s.41rvUleNorri1tr x•wiq 1111 111 111111111111011110...1.1111 X StNAWISITIOCIICIECTORNTIVVUSTOMS 11= to,r•irApfernoteosfav,orAtavals.eranorearArtitgrAttlyatb,..vel L tam ar+.44,m44344. rtsklarstka 0,040,4,4 r***.hdowle 4,4 mactremosisnlitos NO< W•as.f tEr.a Z woe tcesixs tc,„ror4 rtv Kr IIKA.,A.a..........p.4*,.....2,110-V6ps001.-3..a0stsdIget. C41.44Pailr.z5= 41,ka`a., to to vs,Itmlvvs.rqnrta Ac4a.pusi FaWcall,e, ssa owl saes.ea et es.,nr4 6, et* L 1.01.10MILIAMAY 1.amssivuswesimsemstswas Ali awl&SIC 06.10. IMINIIIIIMZUSZra=5/3= 1SEEINIMMILMIIMSts. ltkros MR. 1111 Vt. CA:e.--/..s. 3 11101 111111.111111111, EIBMINIM111111' s I.IRMILMINIPAR tagel,s Appendix C—Page 6 173 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX D ALAMEDA CTC FUNDING SI-IIFT APPROVAL FORM AL%MEDA d c fUNDIK(:St I IfT APPai U.FOAM AOSIINISTR STI\'F.MIF\D'WNT ND.[X) rn the Sear•.:1111.1 of the A 0. T3...?il".tXtaSttu»ts :41.k": 9'f .onrr„ by ties Ai:FEEI EH7 ray Ise slut d hr'xeen the phaseses.,t the I'pst.JtE:i l'eos'eTrd by tins ALT?EI•MNT.at btL .nt aetirrtics in tit. r.tm.}tease of the PROJECT.7h..1 indtttf:s situp funding oNa;3•tti..ns tx.:w c,: Pt LASIiS,Ii•col -ors.u:d..;obl.tatiota b t- e'. wr:crnra•t•"oft!• ,411,0r Sttlir c A. The +.-iH_'t'Sf'. ;.. moo::01Ohrnn:11.-1.1tl t:Tr:valo n ultlxova lafloatla:ve:thrruzh:o:opintion anti nrhnattal r.'Al Al.!lfaaa tint this born::Al-i.t?--A' Shat P.-m Ie a raise.'and srpiu ed.,ppcndis A-Protest Gnthol I::Iat lrn to the.fi.:P.B .1.1111:T wit:eh relket<the requested'sit*4 the tintdumob:iratiois leh•,:size.l by yeti_1t".:ClE iat'1'alai dz iiuntrete:d...st the plate or 4.11%tri lion Wiestt der funds writ,,hc`e.!:tout,iiJs Canine'. The purpose of this Antendutent No.[Insert No.1 is to document the PROJECT SPONSOR'S request uJ Alameda CTC'rpptus.l of der,hal of ALA\I ETD.t CTC ADMINISTERED rtNDS ohlypations reflected in the tahle(s) elow Alld in the revised Appendix A-Pmjcet Control information sand Appandi't3:MASH-11A CTCADSUNISTKIntit Flo vlxs alligator]by this Ax:xtZ\srner. Sponsor. Project 1o.: Agrecmcnt Nn. Project Description: Date act-meth PHASES) Alla id9t,,flrriwe,.6,46 014 Apyxitda A:Pre/vet Canso!LUismation App eixiis B:_iLr::CC a CTC CsL ltTf E.?$r l r StAlgatcr.1 hi this AtF?liE11EI iT SPONSOR A1AMIn•s CTC Rsqur trd ley: Appnosed A..th AuII omxd Srptsnrze:St,-:apse: Date. t3ur. Appendix D—Page 1 174 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX E LOCAL BUSINESS CONTRACT EQUITY PROGRAM Per Section I.14,the Project Sponsor shall abide by the current Alameda CTC Local Business Contract Equity program requirements referenced here: hrtp:I/www.alamedactc.org/app p 'e /vkw/4543 Appendix E—Page 1 175 Alameda CTC Agreement No.A17-0091 Project No. 1481001 APPENDIX F TASK DELIVERABLES AND DUE DATES Project Task Deliverables and Due Dates:The Task Deliverables and Due Dates table below shows deliverables and due dates,if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS. Task Deliverables and Due Dates Task Deliverable Deliverable Deliverable Due Date to Alameda CTC 1 Progress Report No. 1 (July-December,2017) January 31,2018 2 Copy of City resolution to award consultant work(PE/Env)January 31,2018 3 Progress Report No.2(January June,2018)July 31,2018 4 Progress Report No.3(July-December,2018)January 31,2019 5 Progress Report No.4(January June,2019)July 31,2019 6 Progress Report No.5 (July-December,2019)January 31,2020 7 Progress Report No. 6(JanuaryJune,2020)July 31,2020 Copy of final plans and specifications(PS&E)or City resolution 8 accepting the final plans and specifications (can be included with By the Agreement Final Report). Expiration Date By the Agreement9FinalInvoiceExpirationDate 10 Final Report By the Agreement Expiration Date Notes: 1. Task Deliverables shall be received and approved by the Alameda CTC prior to Alameda CTC releasing a payment for a Request for Reimbursement Appendix F-Page 1 176 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX G PROJECT PERFORMANCE MEASURES Project Performance Measures:The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives. Project Performance Measures and Targets Performance Outcome Improve bicycle and pedestrian access across Dublin Boulevard while using the Iron Horse Trail. Encourage non-motorized transportation for both commuting and recreational purposes. Improve safe routes to schools programs—specifically students that live in the Transit Center or commute from BART.Students will be able to have a faster commute and cross Dublin Boulevard without interacting with cars. Improve transit access and general congestion relief. Note: 1. Improvements are expected to achieve,as best as possible,the performance measures targets and/or project outcomes as established herein. Appendix G—Page 1 177 Alameda CTC Agreement No.A17-0091 Project No.1481001 APPENDIX H TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix H only included and attached to this AGREEMENT if TFCA J;IH s are obligated and applicable to AGREEMENT. Appendix H not app//cable to this AGREEMENT Appendix H—Page 1 178 Attachment 5 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 Number ST0118ProgramSTREETSESTIMATED COSTSPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS9100 $17,475 $137,985$155,4609200 $816,193 $1,603,347$2,419,5409400 $9,016,979$9,016,9799500 $2,460 $10,000$12,460$836,128 $10,768,311$11,604,439FUNDING SOURCEPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS2201 $12,325 $432,715$445,0402204 $587,980$587,9802205 $100,000$100,0002207 $856,419$856,4192215 $100,000$100,0002217 $660,320 $5,384,680$6,045,0002218 $1,500,000$1,500,0002220 $163,482 $806,518$970,0004401 $1,000,000$1,000,000$836,128 $10,768,311$11,604,439ANNUAL OPERATING IMPACT $50,000 $50,000 $50,000MiscellaneousTOTALState Gas TaxTOTALMeasure RR - Safe Routes to BARTDublin Crossing FundTFCA/Transportation for Clean AirMeasure B Sales Tax - Local Streets Fund (ACTC)Measure B Sales Tax - Bike & Pedestrian Fund (ACTC)Measure BB Sales Tax - Bike & Pedestrian FundMeasure BB GrantsRoad Maint. & Rehab. Account (RMRA)Contract ServicesImprovementsIRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARDSalaries & Benefits2020-2025 CAPITAL IMPROVEMENT PROGRAMPROJECT DESCRIPTIONThis project provides for the planning, design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design, approved by the City Council on November 7, 2017. The bridge will provide safer and easier trail access, including access to and from the Dublin-Pleasanton BART station. The Alameda County Transportation Commission (ACTC) approved an allocation of $1,294,000 of Measure BB discretionary funds in Fiscal Year 2017-2018 for the bridge design and environmental clearance. On June 17, 2019 ACTC approved additional funding in the amount of $4,751,000 of Measure BB and $856,419 of Transportation for Clean Air funds for the construction phase of the project. The project will also receive funding of $1,000,000 for construction from a Developer contribution from the Boulevard Project. Fall 2020 BART approved $1,500,000 of Measure RR Safe Routes to BART Grant for the construction phase of the project.ANNUAL OPERATING IMPACT: $50,000MANAGING DEPARTMENT: Public WorksAttachment 6511 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.5 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Senior Center Ballroom Naming Prepared by: Liz Elliott, Recreation Coordinator EXECUTIVE SUMMARY: The City Council will consider selecting Alamilla Springs Ballroom as the name for the ballroom at the Dublin Senior Center. STAFF RECOMMENDATION: Select Alamilla Springs Ballroom as the name for the ballroom at the Dublin Senior Center as recommended by the Parks and Community Services Commission. FINANCIAL IMPACT: None. DESCRIPTION: Background The City of Dublin Senior Center is located at 7600 Amador Valley Blvd, Dublin, CA 94568. Opened in 2005, the Senior Center houses an approximately 4,200-square-foot banquet/event space which is currently referred to as the “ballroom.” This space is used for a variety of programs and activities including the senior lunch program, enrichment classes, and private rentals. The naming of the ballroom is being considered to enhance the private rental program at the Dublin Senior Center, which could include events such as weddings, baby showers, and other functions. An example of a named event space is the Ambrose Hall at the Shannon Community Center. Often “Ambrose Hall” will be used as the namesake to remember the occasion and placed on invitations rather than “Shannon Community Center”. Having a more elegant or sophisticated name for the event space will allow for a broader reach of potential renters that might not otherwise want to host an event at the “Dublin Senior Center.” 512 Page 2 of 4 The naming of the ballroom will not result in any operational changes to programs at the Senior Center.The naming will be for the ballroom, or banquet hall only, not the entire facility. Ballroom Naming Process The process of naming of the ballroom is consistent with existing City facility naming policies. The first step is name generation by City Staff and members of the Senior Center Advisory Committee. Names generated should fall within the following criteria: The name should provide an easy and recognizable reference to the facility and be compatible to the area in which the facility is located. Naming based on a geographic location should reflect the well‐known geographic name of the area within which the facility is located, the street adjacent to the facility, or other acceptable identification with the consideration of specific place, neighborhood, subdivision, or well‐ confirmed cultural or historical significance. Naming based on a person or family should be done only for an individual (or family) that has had a clearly positive and significant impact or contribution to the City, State or Country. (This could include significant donors to the facility or previous property owners). Names should be avoided that would cause undue contention or concern. Naming should consider the names of other facilities (public or private) to not duplicate or utilize a name that could be readily confused by others, particularly those related to emergency response. The following names were generated by City Staff and members of the Senior Center Advisory Committee: Table 1: Potential Names for the Naming of the Senior Center Ballroom Name Criteria Alamilla Springs Ballroom Located in Dublin approximately 0.5 miles away from the Senior Center. The spring was a source of water for the early settlers and pioneers of the region. Crossroads Hall Dublin is the “Crossroads” of the Bay Area. Diane “Lowart Hall”The City’s first Parks and Community Services Director for almost 27 years, who presided over the construction of the Senior Center and its operations. Eddie Jo Mack Hall Active volunteer for the Center at both the Larkdale location and the new Senior Center; and former Dublin Senior Center Advisory Committee member. Marty & Ceil “Sirlin Hall”Active volunteers for the Center at both the Larkdale location and the new Senior Center. Both helped with the lunch program, led food distribution, and participated in many other activities with the goal of helping Dublin Seniors for over 19 years. Peter “Snyder Hall”First Mayor of Dublin 1982-86 and again 1990-94. Attended 513 Page 3 of 4 lunch, cultural events, and other activities at the Center. George “Zika Room/Hall”Active volunteer at the Center. Called Bingo and led other activities. Former Vice Mayor and Councilmember. Founding member of the Dublin Senior Foundation. Following the generation of names by Staff and members of the Senior Center Advisory Committee, a public survey was conducted. From February 22 to March 19, 2021, a survey was available via the City’s website and shared during different City programs. The online survey garnered 132 responses. The results of the survey are in the table below. Table 2: Public Survey Results Name Votes Crossroads Hall 41 Eddie Jo Mack Hall 33 Alamilla Springs Ballroom 21 Peter Snyder Hall 14 Marty & Ceil Sirlin Hall 10 Diane Lowart Hall 7 George Zika Hall/Room 6 The survey also provided an opportunity to submit suggestions not listed in the survey. A few names submitted include the Sbranti Hall, Amador Dougherty Station Ballroom, Shamrock Hall, and Clover Ballroom. No trends were present in the suggestions and at this time no other names are being presented for consideration. Parks and Community Services Commission Review Following discussion, the Parks and Community Services Commission recommended the adoption of Alamilla Springs Ballroom as their first choice. Two alternate names recommended for consideration were the Crossroads Ballroom and Eddie Jo Mack Ballroom. Although Alamilla Springs was not the highest scoring in the public survey, the Commission recommended this name as its first choice due to its historical significance, the proximity of the spring to the Senior Center, and how its elegance could be utilized for branding and promotion. The Commission appreciated the historical significance of the name Crossroads, and recommended this as its second choice, but raised concerns about the definition of the word “Crossroads” and how it could be interpreted negatively as “a point at which a crucial decision must be made” in reference to a wedding or other important event. Additionally, there are facilities with similar names that also reference Crossroads in the Bay Area. The Commission selected Eddie Jo Mack Ballroom as its third choice. The Commission was in consensus that Alamilla Springs Ballroom flows well, is relevant, and 514 Page 4 of 4 could elevate the status of the space. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted and a copy of the Staff Report was provided to those whose names were being considered. ATTACHMENTS: None. 515 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.6 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving an agreement among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services. The agencies collectively own the East County Animal Shelter located at 4595 Gleason, and since its opening, the Cities have contracted with the Alameda County Sheriff’s Office to operate the shelter in accordance with a Memorandum of Understanding for Animal Shelter Services. The most recent agreement for services will expire on June 30, 2021. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services. FINANCIAL IMPACT: The participating agencies share in the costs of operating the shelter, allocated based on the percentage share of the total number of live animals originating from each jurisdiction and handled at the shelter during the previous calendar year. In Fiscal Year 2020-21, Dublin’s allocation was 10.49% or $179,336. For Fiscal Year 2021-22, Dublin’s allocation is 11.43% or $206,936, which will be incorporated into the proposed budget. DESCRIPTION: Background The City of Dublin has contracted with the Alameda County Sheriff’s Office (ACSO) for Animal Control Services since incorporation. In 1992, the Cities of Dublin, Livermore, and Pleasanton and the County of Alameda entered into an agreement to jointly pay for the construction cost of a new East County Animal Shelter located at 4595 Gleason Avenue in Dublin. In 1995, the Cities conducted a Request for Proposal process to identify the most qualified shelter provider. ACSO 516 Page 2 of 3 was the only agency that submitted a proposal and the Cities and County determined that it was well-qualified to operate the shelter and approved the first Memorandum of Understanding (MOU) to memorialize the arrangement. ACSO has continued to operate the shelter since its opening in 1996. The current MOU, executed on July 1, 2014, was subsequently extended pursuant to the two, two- year extension options on June 30, 2017 and June 30, 2019. The agreement expires on June 30, 2021. Discussion The proposed agreement, attached as Exhibit A to the Resolution, is substantially unchanged from the prior agreement. The only change is regarding the term length, which the proposed agreement increases from three to five years. The proposed agreement increases the two extension options from two years to five years. Under the agreement, ACSO is responsible for providing all shelter personnel, shelter maintenance (through the County’s General Services Agency), implementing animal-related programs including licensing, providing board and care for all shelter animals, a trap-neuter-release program, and humane euthanasia. A total of 1,933 live animals were processed through the shelter in 2020, with 221 animals originating from Dublin. The Sheriff’s Office works closely with local animal rescue/adoption groups including the Tri-Valley Animal Rescue (TVAR) and the East Bay SPCA which is located adjacent to the shelter. The Fiscal Year 2021-22 shelter operating budget is approximately $1,870,464. The costs of operating the East County Animal Shelter include but are not limited to staff salaries and benefits, building maintenance, supplies and equipment, and professional veterinary services. The agencies also pay debt service on the building, which is managed under a separate agreement and not included in this budget. Shelter Operations are monitored by the Shelter Operations Advisory Committee which consists of one representative from each of the Cities and Alameda County. The Committee meets quarterly with staff from the Sheriff’s Office responsible for shelter operations. The proposed agreement has been negotiated by the ACSO and representatives of the Shelter Operations Advisory Committee. Concurrent with Dublin’s consideration of the agreement, the Cities of Livermore and Pleasanton are also recommending approval. Following these approvals, the agreement will be considered by the Alameda County Board of Supervisors. STRATEGIC PLAN INITIATIVE: None. 517 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services 2) Exhibit A to the Resolution - Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services 518 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 THE AGREEMENT AMONG THE COUNTY OF ALAMEDA AND THE CITES OF DUBLIN, LIVERMORE, AND PLEASANTON FOR ANIMAL SHELTER SERVICES WHEREAS,the Cities of Dublin, Livermore, and Pleasanton and Alameda County (Cities and County) jointly own and operate the East County Animal Shelter located at 4595 Gleason Avenue in Dublin; and WHEREAS,since the shelter’s opening, the facility has been operated by the Alameda County Sheriff’s Office in accordance with a Memorandum of Understanding for Animal Shelter Services; and WHEREAS,the existing MOU will expire on June 30, 2021 and the Cities and County have negotiated and prepared a new agreement for shelter operations; and WHEREAS,the proposed agreement is for a term of five years with the potential for two extensions of five years each. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement Among the County of Alameda and the Cities of Dublin, Livermore, and Pleasanton for Animal Shelter Services, 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 18th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 519 Attachment 2 Exhibit A to the Resolution AGREEMENT AMONG THE COUNTY OF ALAMEDA AND THE CITIES OF DUBLIN, LIVERMORE, AND PLEASANTON FOR ANIMAL SHELTER SERVICES This Agreement is made and entered into this _____ day of ____________, 2021 by and among the County of Alameda and the cities of Dublin, Livermore and Pleasanton, hereinafter referred to collectively and individually as PARTICIPATING ENTITIES. References to East County Animal Shelter, hereinafter referred to as SHELTER, shall mean the facility located at 4595 Gleason Avenue, Dublin, California. References to OPERATOR shall mean the Alameda County Sheriff's Office as SHELTER service provider. References to CITIES shall mean the cities of Dublin, Livermore and Pleasanton. The CITIES' responsibilities may be delegated to a third party under contract with the corresponding CITY. References to COMMITTEE shall mean the Shelter Operations Advisory Committee consisting of the County Administrator (or designated representatives) and the City Managers of CITIES (or their designated representatives). The purpose of COMMITTEE will be to review the ongoing operations and maintenance of the SHELTER and to assure that the equity interest of PARTICIPATING ENTITIES does not deteriorate through inappropriate maintenance and operations. RECITALS: a.PARTICIPATING ENTITIES have entered into the Agreement Among the County of Alameda and the Cites of Dublin, Livermore and Pleasanton for the Construction Cost of the Animal Shelter, which is included as Attachment C to this Agreement. b.PARTICIPATING ENTITIES are desirous of contracting with OPERATOR for the performance of animal shelter services. c.OPERATOR is agreeable to rendering such services on the terms and conditions hereinafter set forth. d.Such contracts are authorized by Section 51300 et seq. of the Government Code. e.The City of Dublin contracts for animal control field services and animal licensing with the County of Alameda under a separate agreement. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I.SERVICES TO BE PROVIDED OPERATOR agrees to provide animal shelter services to PARTICIPATING ENTITIES for animals impounded pursuant to City ordinance, County code and State law. Such services shall include, but not be limited to, receiving live animals at SHELTER; providing live 520 Page 2 of 7 animals at SHELTER with food, water, farrier and/or veterinary care; euthanizing animals not otherwise adopted, redeemed, sold or donated to adoption organizations; spay/neutering of dogs and cats; and disposing of dead animals. OPERATOR shall furnish and supply all necessary labor, training, supervision, equipment and supplies necessary to maintain the level of services to be rendered hereunder except as otherwise required of PARTICIPATING ENTITIES in this Agreement. II.METHODOLOGY FOR DETERMINING COST ALLOCATIONS: 1.PARTICIPATING ENTITIES shall share in the cost of personnel, maintenance services, and supplies required to operate SHELTER in accordance with this Agreement. Payment shall be based on PARTICIPATING ENTITIES’ percentage share of the total number of live animals handled at SHELTER during the previous calendar year ending December 31 in accordance with the methodology shown in Attachment A. For example, the FY 2021-2022 (July 1 – June 30) percentage share shall be calculated based upon the 2020 calendar year Live Animals Handled Report outlined in Attachment B. 2.OPERATOR shall prepare and distribute an annual Live Animals Handled Report no later than March 31 of each year, which indicates the total number of live animals handled in the previous calendar year and the associated percentage share for PARTICIPATING ENTITIES. 3.In the event SHELTER is used to provide emergency or non-emergency animal shelter services to agencies other than PARTICIPATING ENTITIES, OPERATOR shall establish a cost for the service and bill the non-participating agency for the service, unless COMMITTEE agrees to waive such costs. 4.In the event a PARTICIPATING ENTITY withdraws from this Agreement, the remaining PARTICIPATING ENTITIES shall meet to determine the most appropriate methodology for sharing costs. The withdrawing entity shall be required to pay its share of SHELTER services until the effective date of the withdrawal. III.APPROVAL OF ANNUAL OPERATING BUDGET 1.On an annual basis, on or before March 31, OPERATOR shall provide COMMITTEE a proposed annual operating budget (hereinafter referred to as “budget”) for the upcoming fiscal year. The budget shall include, but not be limited to, personnel salaries including benefits, operating services and supplies, furnishings, equipment, building/grounds maintenance, utilities, indirect charges, and projected revenues. The budget shall be prepared in a format approved by the COMMITTEE. Any proposed significant changes in SHELTER operations, including but not limited to, the number of personnel assigned, backfilling vacant positions, changes in veterinary services or other material changes shall be clearly identified with a narrative explanation, which includes information supporting the revision. OPERATOR shall track and provide COMMITTEE with an annual report detailing the hours and positions used for backfilling vacant positions. 521 Page 3 of 7 2.COMMITTEE shall take action to either approve or reject the proposed budget. If approved by COMMITTEE, PARTICIPATING ENTITIES shall adopt the budget and shall inform OPERATOR in writing that the entity has allocated its apportioned share of funds for services, no later than June 30. If COMMITTEE does not approve the budget, it shall provide OPERATOR with a written statement outlining its concerns and proposed adjustments no later than 45 days after the budget has been presented to COMMITTEE. In the event the budget is not approved, OPERATOR shall provide services in accordance with the most recently adopted budget with amendments as approved by COMMITTEE. PARTICIPATING ENTITIES agree to pay for cost increases related to shelter operations as approved in the budget beyond the control of the OPERATOR, such as utility and labor costs. COMMITTEE shall recommend an alternative proposed budget to PARTICIPATING ENTITIES no later than 90 days after the start of the fiscal year. 3.OPERATOR shall invoice PARTICIPATING ENTITIES for SHELTER services within 60 days following the close of each fiscal quarter commencing July 1. The PARTICIPATING ENTITY shall make payment within 30 days after receipt of invoice. OPERATOR’S invoice shall be based on the actual quarterly cost incurred as reflected in the OPERATOR’S records. The invoice shall include the total operating costs for the quarter and specify the PARTICIPATING ENTITY’S share of the cost based on the methodology included in Attachment A. Each invoice shall be accompanied with a quarterly report of live animals handled at SHELTER for the current fiscal year as outlined in Attachment B. Billing for the fourth quarter shall include all approved costs not included in previous quarterly billings and information detailing any administrative personnel expenses that exceeded the approved budget. COMMITTEE shall approve any reasonable additional administrative personnel expenses provided total shelter expenses do not exceed the approved annual operating budget. a.In the event that OPERATOR fails to deliver said invoice, including all required documentation, within ten (10) days of the due date, OPERATOR may be subject to a one percent (1%) penalty to be deducted from the total invoice amount. Said penalty may be increased by an additional one percent (1%) for each additional period of thirty days during which OPERATOR fails to deliver said invoice and required documentation. b.If payment from a participating city is not received within sixty (60) days after the date of the demand letter, that city may be subject to a one (1%) late fee added to the total amount due. Said penalty may be increased by an additional one percent (1%) for each additional thirty days demand is not met. 4.Approval of the budget authorizes OPERATOR to make expenditures in accordance with the budget with the exception of emergency situations and/or mandates as outlined in Section V. In the event OPERATOR anticipates costs will exceed the total annual operating budget, OPERATOR shall notify COMMITTEE and request approval of the additional costs prior to incurring the costs. Any approved costs will be included as part of an amended or new budget. COMMITTEE, as soon as 522 Page 4 of 7 reasonably possible, may request OPERATOR provide information justifying the cost increases. IV. GENERAL CONDITIONS 1.Responsibilities of OPERATOR: a.SHELTER operations, including the handling of animals, shall comply with all policies and procedures established by the Alameda County Director of Field Services, as reviewed by COMMITTEE. OPERATOR agrees to maintain a policy and procedure manual. b.OPERATOR shall keep records of animal type, identifying marks, and time and place of pickup. OPERATOR shall also keep appropriate records of animals surrendered at SHELTER. c.OPERATOR shall provide forms for CITIES’ use only for live or dead animals brought to SHELTER. CITIES will be responsible for their own internal reporting procedures not part of this Agreement. d.Animals picked up by CITIES and delivered to SHELTER will be held for the minimum time as allowed under state law, unless a longer period is recommended by COMMITTEE and approved by OPERATOR. e.OPERATOR will collect CITIES’ dog license fees only for dogs redeemed or adopted from the SHELTER. Those fees will be remitted in full to CITIES. Dog license fees collected will not be considered SHELTER revenue for the purpose of calculating net operating cost. f.OPERATOR shall charge fees for SHELTER services in accordance with fee schedules approved by PARTICIPATING ENTITIES. PARTICIPATING ENTITIES shall make an effort to establish uniform fees. OPERATOR may waive payment of such fees, only upon permission of the involved PARTICIPATING ENTITY. g.OPERATOR shall be responsible for assuring that employees assigned to the SHELTER are qualified to provide animal control services and shall designate an employee to be responsible for overseeing SHELTER activities. h.In the event of a personnel change to the person designated to oversee SHELTER activities, and upon request by COMMITTEE, the Sheriff or designated representative shall provide COMMITTEE with information on the candidate’s qualifications to perform the duties of the position and provide for COMMITTEE to meet the candidate prior to final selection. COMMITTEE may provide input on the selection of the person designated to oversee SHELTER activities. The final decision shall be at the sole discretion of the Sheriff. 523 Page 5 of 7 2.Responsibilities of PARTICIPATING ENTITIES: a.When an animal is delivered to SHELTER by a PARTICIPATING ENTITY for the specific purpose of euthanasia, the euthanasia fee shall be paid by that CITY through their quarterly billing. b.Dead animals delivered by a PARTICIPATING ENTITY to SHELTER shall be placed in containers provided by OPERATOR and will not have collars, chains, bandages, flea/tick collars, etc. on the dead animals or be delivered for disposal within anything other than said container. Any exceptions to this policy must be approved by OPERATOR. c.No sick or injured animal will be brought to SHELTER unless and until it has been examined, properly treated, and released by a veterinarian. Animals deemed by OPERATOR to need veterinary care shall not be received by OPERATOR without written veterinary clearance to hold them at SHELTER. d.Indigenous wild animals protected under State law picked up by a PARTICIPATING ENTITY must be turned over to the California Department of Fish and Wildlife by the PARTICIPATING ENTITY. e.CITIES agree to make all reasonable efforts to return licensed dogs, and other animals otherwise identified, to their owners before delivering such dogs or other animals to SHELTER. V.SHELTER OPERATIONS ADVISORY COMMITTEE 1.COMMITTEE shall establish service standards, policy, and practices for SHELTER on behalf of PARTICIPATING ENTITIES. In carrying out this responsibility, COMMITTEE shall review the general conditions of SHELTER and make recommendations to OPERATOR regarding SHELTER operations. COMMITTEE and OPERATOR shall meet at least quarterly and OPERATOR shall provide quarterly reports from SHELTER staff regarding operations, policies and procedures, financial operations, maintenance of the facility, and proposed budget items. COMMITTEE shall have access to all operating and financial records of SHELTER, including information prepared regarding indirect costs and the General Services Agency BMD space charges that are included in SHELTER’s annual operating budget. SHELTER staff shall provide information necessary to understand those matters within the purview of COMMITTEE. 2.COMMITTEE may initiate recommendations regarding OPERATOR’S general operations, staffing, policies and procedures, financial operations, including approval of the annual operating budget, and maintenance of the facility. OPERATOR agrees to give such recommendations due consideration. 3.In the event OPERATOR desires to make any non-emergency changes of substance to policies, the approved annual operating budget, procedures, and operations of SHELTER, OPERATOR shall confer with COMMITTEE and obtain the advice and 524 Page 6 of 7 recommendations from COMMITTEE before making such changes. COMMITTEE may accept or reject the changes. OPERATOR shall use its discretion to address emergencies and shall be required to provide COMMITTEE with a report detailing any temporary changes to policy or the budget to address the emergency. 4.In the event OPERATOR is required to make changes to SHELTER operations to conform to operational and regulatory mandates affecting SHELTER, including mandates from Alameda County or changes to SHELTER service areas, OPERATOR shall notify COMMITTEE, in writing, of the expected financial and operational implications of the change(s) prior to implementation. COMMITTEE may recommend alternative policies, budget amendments, procedures, and operations. COMMITTEE may request OPERATOR maintain information detailing the affect the change(s) have on SHELTER operations and budget. 5.Recommendations and actions of COMMITTEE shall be approved by a majority vote of COMMITTEE. VI. NO CHANGE IN EMPLOYMENT AFFECTED HEREBY All persons employed by OPERATOR to perform services pursuant to this Agreement shall be and remain OPERATOR employees and shall at all times be under the direction and control of OPERATOR. No CITIES’ employees shall perform services which OPERATOR is obligated to provide under this Agreement. All persons employed by OPERATOR to perform services pursuant to this Agreement shall be entitled solely to the rights and privileges given to OPERATOR employees and shall not be entitled, as a result of providing services required hereunder, to any additional rights and privileges given to CITIES’ employees. CITIES shall not be liable for the direct payment of any salaries, wages, or other compensation to any OPERATOR personnel performing services hereunder for OPERATOR or any liability other than that provided for in this Agreement. VII. INDEMNIFICATION CITIES agree to defend, indemnify, and hold harmless the COUNTY, its officers, employees and agents, from any and all acts, claims, omissions, liabilities and losses by whomever asserted arising out of acts or omissions of CITIES in the performance of the scope of work except those arising by reason of the sole negligence of the COUNTY, its officers, employees or agents. OPERATOR agrees to defend, indemnify and hold harmless CITIES, their officers, employees and agents, from any and all acts, claims, omissions, liabilities and losses by whomever asserted arising out of acts or omissions of OPERATOR in the performance of the scope of work except those arising by reason of the sole negligence of CITIES, their officers, employees or agents. 525 Page 7 of 7 VIII. TERM This Agreement shall commence on July 1, 2021, and shall continue for five (5) years thereafter unless terminated. This Agreement may be extended for two periods of five years upon mutual agreement of OPERATOR and PARTICIPATING ENTITIES. OPERATOR or PARTICIPATING ENTITIES may terminate this Agreement upon written notice one hundred eighty (180) days prior to termination date. Termination initiated on behalf of PARTICIPATING ENTITIES shall require a majority vote of the COMMITTEE. Upon termination of this Agreement, interests in furnishings and equipment will remain with PARTICIPATING ENTITIES. IX. MODIFICATION This Agreement may only be modified in writing by mutual agreement of all parties hereto. By: By: Linda Smith, City Manager Dublin City Attorney City of Dublin Approved as to form By: By: Marc Roberts, City Manager Livermore City Attorney City of Livermore Approved as to form By: By: Nelson Fialho, City Manager Pleasanton City Attorney City of Pleasanton Approved as to form COUNTY OF ALAMEDA: By: By: Keith Carson, President County Counsel Alameda County Board of Supervisors Approved as to form By: Gregory J. Ahern Sheriff 526 ATTACHMENT A Page 1 of 1 METHODOLOGY FOR DETERMINING COST ALLOCATIONS Step 1 – OPERATOR shall maintain the Live Animals Handled Report (Attachment B), which shall include the total number of live dogs, cats and other animals handled at the SHELTER for each PARTICIPATING ENTITY by month and by calendar year. Step 2 –The Live Animals Handled Report shall contain the annual percentage share of the total number of live dogs, cats and other animals handled at the SHELTER for each PARTICIPATING ENTITY. As an example, if the SHELTER handled 1000 live animals and 100 originated from the City of Dublin, then the City of Dublin's annual percentage share would be 10%. Step 3 – To determine each PARTICIPATING ENTITY’s annual cost share, the annual percentage share for each PARTICIPATING ENTITY from the previous calendar year, as included in the Live Animals Handled Report, shall be applied to the approved SHELTER annual operating budget. As an example, if the total annual operating budget for Fiscal Year 2021-2022 is $3,512,464 and the City of Livermore's annual percentage share as noted on the 2020 Live Animals Handled Report is 17.279%, then the City of Livermore's cost share for Fiscal Year 2021-2022 would be $606,918.65 (billed quarterly based on actual expenses). An example of the above methodology utilizing the Live Animal Handled Report, is as follows: Fiscal Year Shelter Annual Operating Budget Budget Item Annual Costs Salaries and Benefits $1,487,395 Services and Supplies $200,372 ISF Charges $1,551,305 Less Revenues ($49,372) Subtotal $3,189,700 Indirect Costs $322,764 NET ANNUAL OPERATING COST $3,512,464 Participating Entity Cost Share Participating Entity FY 2021-22 Shelter Annual Operating Budget Calendar Year 2020 Percent of Live Animals Handled Annual Cost Share of Total Shelter Cost City of Dublin $3,512,464 11.433%$401,580.01 City of Livermore $3,512,464 17.279%$606,918.65 City of Pleasanton $3,512,464 11.433%$401,580.01 Alameda County $3,512,464 59.855%$2,102,385.33 527 ATTACHMENT B Page 1 of 1Overall %Individual %TotalJanFebMarAprMayJunJulyAugSepOctNovDecDUBLIN32.127%71Dogs17122243101455663.348%140Cats28211171519102691474.525%10Others*140020100020Total11.433%100%221LIVERMORE35.030%117Dogs24101187554121081363.174%211Cats82510251325215202913171.796%6Others*100011000120Total17.279%100%334PLEASANTON25.792%57Dogs75944144256667.421%149Cats8931586242522111086.787%15Others*002132401110Total11.433%100%221WEST & EAST COUNTY28.781%333Dogs38464416192329202922222561.798%715Cats343439378010610989587339179.421%109Others*131252135121189811Total59.855%100%1157ECAS Grand Total 100%1933* Includes Wildlife in Shelter Only and Night DropEast County Animal ShelterLIVE ANIMALS HANDLEDCALENDAR YEAR 20XX528 ATTACHMENT C 529 530 531 532 533 534 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 4.7 DATE:May 18,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Two-Year Strategic Plan Quarterly Update Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a status update on the City’s Two-Year Strategic Plan. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: The City Council adopted the City’s Two-Year Strategic Plan on May 5, 2020. This Plan sets the overall direction for the City, guiding resources and setting specific objectives to drive City action. The Plan coincides with Fiscal Years 2020-21 and 2020-22. This report represents the third of eight quarterly Strategic Plan updates, covering the period of January 1, 2021 through March 31, 2021. Updates for the strategies and objectives are provided below: Strategy 1: Implement the City’s Adopted Preferred Vision for Downtown Dublin. Objective Update A Make necessary land use changes.Completed.On July 21, 2020, the City Council adopted amendments to the Downtown Dublin Specific Plan land uses and maximum floor area ratio based on the Preferred Vision. B Work with private property owners on acquisitions that result in the creation of a future town square. In Progress.Staff worked with the majority property owner of the Dublin Place Shopping Center to extend the existing Memorandum of 535 Page 2 of 6 Understanding for 12 months due to the severe negative impacts of COVID-19. C Establish the proposed street grid network, including study of right-of-way acquisition and the appropriate funding mechanism for construction and maintenance. In Progress, No change from Q2Update. D Conduct a parking analysis of the Transit Oriented District and the Retail District and proposed changes. Not Started. E Create certainty and provide development rights that result in achieving the City Council’s Preferred Vision. In Progress, No change from Q2 Update. F Develop implementation measures for the adopted Downtown Streetscape Master Plan and updated Bike and Pedestrian Master Plan for the next Capital Improvement Program. In Progress.In accordance with the newly adopted Downtown Streetscape Master Plan and the Annual Pavement Resurfacing CIP, Regional Street was resurfaced and restriped. Staff presented the Bicycle and Pedestrian Plan Update project to the Chamber of Commerce in early March. Staff is now planning for focus group listening sessions and more community outreach including at a future Farmer’s Market. G Market, in conjunction with property owners, the opportunity sites. Not Started. H Work with Downtown property owners on updating the CC&Rs to facilitate retail transition. In Progress, No change from Q2 Update. I Work with Downtown property owners on building/site improvements. In Progress.Avalon Bay is processing a Building Permit application to construct the 499-unit St. Patrick Way project and related public improvements including the extension of St. Patrick Way to Regional Street. BRIDGE Housing has submitted a Pre- Application for a 308-unit affordable project on Golden Gate Drive adjacent to the West Dublin/Pleasanton BART Station. J Refine and provide specificity on City development goals in the Downtown Plan and East Transit Center Area Plan. Not Started. Strategy 2: Explore New City Revenue Streams for Long Term Financial Stability Objective Update A Explore the feasibility of increasing the City’s current Transient Occupancy Tax. Not Started. 536 Page 3 of 6 B Evaluate the establishment of other fees and/or taxes that could offset City costs in providing services to the community. In Progress, No change from Q2 Update. C Explore operational efficiencies in delivering services with other public agencies. In Progress.The City continues to work on developing the AXIS Mental Health Urgent Care Center Pilot with the Cities of Livermore and Pleasanton and Alameda County.The three cities submitted an Earmark Request with Congressman Swalwell for additional program funding. Parks and Community Services has partnered with Livermore Area Parks and Recreation District to provide certification instruction to aquatics staff, which enables them to become certified lifeguard trainers to provide in-house certification classes. D Continue to maintain strong fiscal policies.In Progress.No change from Q2 Update. Strategy 3: Create More Affordable Housing Opportunities Objective Update A Facilitate production of affordable housing for lower income seniors,workforce, and special needs households by leveraging the Alameda County Measure A-1 Bond funds and the City’s Affordable Housing Fund. In Progress.Staff is reviewing the Pre- Application from BRIDGE Housing for a proposed 308-unit affordable residential project on Golden Gate Drive in response to the City’s NOFA. Staff is preparing to bring forward a resolution allocating Measure A-1 Bond funds and Affordable Housing Funds, a reservation of units from the Downtown Development Pool, and negotiated deal terms for a related Community Benefit Agreement. Staff also facilitated Eden Housing’s acquisition of the Regional Street site from Avalon Bay as required by the Community Benefit Agreement for the St. Patrick Way development. The City allocated Measure A-1 Bond funds to Eden for an affordable housing project on this site. B Look for additional opportunities to facilitate the acquisition of sites, at low or no cost, to build housing that is affordable to lower income households. In Progress.Staff is working with Alameda County to sell a portion of the Transit Center D-1 parcel to Eden Housing for an affordable housing development. Staff is also working with Trumark Homes on a proposal to dedicate two acres to an affordable housing developer at low/no cost to construct an affordable housing development. C Facilitate the production of accessory dwelling units throughout the community. In Progress.Staff is in the process of preparing pre-approved design and construction drawings to further facilitate and streamline the 537 Page 4 of 6 production of accessory dwelling units, an ADU resource manual, and looking at additional ideas to relax development standards and impact fees. These measures will be brought forward to the City Council in summer 2021 D Seek opportunities to preserve the stock of housing that is affordable to moderate- and middle-income households. In Progress.Staff is working with Catalyst Housing Group on their acquisition of the Aster project through the California Community Housing Agency (CalCHA) Joint Powers Authority. This transaction is anticipated to close in April and will preserve the units as affordable to middle-income households. Staff is working with the California Statewide Communities Development Authority (CSCDA) on a similar proposal for the Waterford Apartments. E Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate the City’s Regional Housing Needs Allocation for the period 2023-31. In Progress.Staff is preparing a sites analysis for review by the City Council in May, and is actively monitoring the RHNA process and opportunities to appeal the draft allocation Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement Objective Update A Reduce/eliminate the need for paper transactions where feasible. In Progress. Fire Prevention Staff have prepared the final boxes of hard copy records to be scanned. On July 1, 2021, they will completely transition to electronic processes. B Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures. In Progress, No change from Q2 Update. C Enhance citizen online interaction via reporting of issues and transparent data. In Progress.Staff has worked with SeeClickFix to implement the new software with a launch date of May 5, 2021. D Continue to utilize all appropriate methods to share and exchange information with the public, including social media, at events and at the City’s website. In Progress.Staff expanded the use of Facebook to share all news and business of the City. Additionally, the City is increasing the use of videos shared on all social media platforms and the City’s website. Staff developed a video for The Wave, demonstrating the components necessary to pass the Lifeguard/Swim Instructor Swim Test. Staff also developed a virtual slideshow tour of the Preschool facility and program in conjunction with 2021-22 registration. 538 Page 5 of 6 Staff conducted a virtual scavenger hunt using the “Goosechase” app during the St. Patrick’s Day Celebration which sent community members to “hunt” and support local businesses. E Explore additional social media platforms and expanding use of Facebook to other departments. Complete. Staff has merged all the previous City Facebook accounts (other than The Wave) into one City of Dublin “government” account. Additionally, Staff transformed the former Parks and Community Services Instagram account into a City of Dublin account. F Explore more exciting and user-friendly presentation of information, and a periodic report from the City Manager’s Office. Complete. The City Launched the Backyard Brief, the City Manager’s new monthly email newsletter. Strategy 5: Large Land Tract Development and Open Space Objective Update A Look to establish an Economic Development Zone to prioritize commercial and industrial development east of Fallon Road. In Progress.On March 16, 2021Staff brought forward a request to amend the General Plan for land use changes to facilitate development of this area and the designation of an Economic Development Zone. B Work with the area property owners in conjunction with the Dublin Boulevard extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. In Progress.Staff continue to hold meetings with property owners regarding the Dublin Boulevard Extension and proposed Economic Development Zone. Staff continues to meet regularly with the property owners surrounding the Dublin Boulevard extension area to discuss issues of roadway alignment and mitigation. The City received National Environmental Policy Act (NEPA) clearance from Caltrans in February for the project. Alameda County Transportation Commission (ACTC) has initiated the design process. C Begin discussions regarding required reporting under the Open Space Initiative of 2014 for the provisions of commercial and industrial development in the unincorporated area. Not Started. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: 539 Page 6 of 6 The City Council Agenda was posted. ATTACHMENTS: 1) Q1 Strategic Plan Update 2) Q2 Strategic Plan Update 540 $WWDFKPHQW 541 542 543 544 545 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 8.1 DATE:February 16, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Two-Year Strategic Plan Quarterly Update Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a status update on the City’s Two-Year Strategic Plan. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: The City Council adopted the City’s Two-Year Strategic Plan on May 5, 2020. This Plan sets the overall direction for the City, guiding resources and setting specific objectives to drive City action. The Plan coincides with Fiscal Years 2020-21 and 2020-22. This report represents the second of eight quarterly Strategic Plan updates, covering the period of October 1, 2020 through December 30, 2020. Updates for the strategies and objectives are provided below: Strategy 1: Implement the City’s Adopted Preferred Vision forDowntown Dublin. Objective Update A Make necessary land use changes.Completed.On July 21, 2020, the City Council adopted amendments to the Downtown Dublin Specific Plan land uses and maximum floor area ratio based on the Preferred Vision. B Work with private property owners on acquisitions that result in the creation of a future town square. In Progress.On October 15, 2019, the City Council adopted a Memorandum of Understanding with one of the Property Owners Attachment 2 546 Page 2 of 7 of Dublin Place shopping center, creating a partnership with the City. Through the MOU, the Property Ownerintends to acquire additional parcels of the shopping center in order to work with the City on the siting of the town square. In the fall of 2020, theProperty Owner made an offer to purchase the remainingparcels, but with the impact of the COVID-19 pandemic, there has been a delay in the response from the other party. In addition, the Property Owner decided they wanted to solicit a development firm for a joint venture opportunity. C Establish the proposed street grid network, including study of right-of-way acquisition and the appropriate funding mechanism for construction and maintenance. In Progress.On July 21, 2020, the City Council adopted amendments to the Downtown Dublin Specific Plan to incorporate the street grid contemplated in the Preferred Vision. The Downtown Action Team continues to evaluate the right-of-way acquisition, cross sections, and the appropriate funding mechanism for construction and maintenance. In fall 2020, the City launched an update to the Citywide Traffic Model which will analyze the impacts of the new street grid. D Conduct a parking analysis of the Transit Oriented District and the Retail District and proposed changes. Not Started. E Create certainty and provide development rights that result in achieving the City Council’s Preferred Vision. In Progress.On November 17, 2020, the City Council reviewed and approved the Downtown Streetscape Master Plan. F Develop implementation measures for the adopted Downtown Streetscape Master Plan and updated Bike and Pedestrian Master Plan for the next Capital Improvement Program. In Progress. In accordance with the newly adopted Downtown Streetscape Master Plan and the Annual Pavement Resurfacing CIP, Regional Street was resurfaced and restriped. Staff has completed an existing conditions, demographics, and bicycle level of stress analysis. G Market, in conjunction with Property owners, the opportunity sites. Not Started. H Work with Downtown property owners on updating the CC&Rs to facilitate retail transition. In Progress.Staff is working with the Dublin Plaza Retail Centerproperty owners to amend their CC&Rs. A draft of the changes is being reviewed for initial feedback by the property owners. I Work with Downtown property owners on building/site improvements. In Progress.Staff continues to work with the Dublin Place Shopping Center property owners on an amendment to 547 Page 3 of 7 the Master Sign Program to rebrand and add new signage to the Center. The property owner, Bayview Development Group,and Avalon Bay are processing a Building Permit application to construct the 499-unit St. Patrick Way project and related public improvements including the extension of St. Patrick Way to Regional Street. J Refine and provide specificity on City development goals in the Downtown Plan and East Transit Center Area Plan. Not Started. Strategy 2: Explore New City Revenue Streams for Long Term Financial Stability Objective Update A Explore the feasibility of increasing the City’s current Transient Occupancy Tax. Not Started. B Evaluate the establishment of other fees and/or taxes that could offset City costs in providing services to the community. In Progress.Staff enhanced virtual and outdoor class programming by offering new enrichment, martial arts, dance, aerobics, and basketball classes. C Explore operational efficiencies in delivering services with other public agencies. In Progress.Staff is working with the Town of Danville, the Cities of San Ramon and Pleasanton, and the Women’s Club to plan for a Virtual Teen Job and Career Fair to take place in February 2021. Teens will hear from employers, apply for jobs, and attend workshops in a virtual environment.  Staff continues to work on developing the AXIS Mental Health Urgent Care Center Pilot with the Cities of Livermore and Pleasanton. Staff is engaged in conversations with the County, the Cities of Livermore and Pleasanton, and Stanford-Valley Care on the development of a Super POD COVID-19 Vaccination Site located at the Alameda County Fairgrounds. D Continue to maintain strong fiscal policies.In Progress.A pension trust has been established and additional funds have been contributed to pre-fund pension obligations and to stabilize the pension rate change.Staff has initiated the Fiscal Year 2021-22 budget update, including changes in revenue/expenditure forecasts due to COVID-19-related impacts. 548 Page 4 of 7 Strategy 3: Create More Affordable Housing Opportunities Objective Update A Facilitate production of affordable housing for lower income seniors,workforce, and special needs households by leveraging the Alameda County Measure A-1 Bond funds and the City’s Affordable Housing Fund. In Progress.On November 17, 2020, the City Council received a report on the responses to the Notice of Funding Availability for affordable housing development using the money in the City’s Affordable Housing Fund and Alameda County Measure A-1 bond funds. BRIDGE Housing has submitted a pre-application for their proposed mixed income residential project. Staff continues to work with them on their proposal following direction received from the City Council. The negotiations between the applicant and the property owner are ongoing and the applicant expects to further refine the project as a result of those negotiations. The pre-application enables Staff and the applicant to begin working out the details of the project for further consideration by the Planning Commission and City Council. B Look for additional opportunities to facilitate the acquisition of sites, at low or no cost, to build housing that is affordable to lower income households. In Progress.Staff continues to coordinate with the developer of the St. Patrick Way project regarding the acquisition of the adjacent parcel on Regional Street for development of an affordable housing project by Eden Housing. Staff is also working with Alameda County to acquire the remainder of Transit Center Parcel D-1 in coordination with Eden Housing with the goal to construct affordable housing on the site. C Facilitate the production of accessory dwelling units throughout the community. In Progress.On November 1, 2020, the City Council adopted a reduction to the Impact Fees charged on accessory dwelling units (ADUs) and adopted Zoning Ordinance Amendments that relaxed the development standards and restrictions on ADUs to facilitate the production of those units. Staff is in the process of preparing pre-approved design and construction drawings to further facilitate and streamline the production of ADUs. D Seek opportunities to preserve the stock of housing that is affordable to moderate- and middle-income households. In Progress.Staff has been working with the Catalyst Housing Group on their potential acquisition of the Aster project through the California Community Housing Agency (CalCHA) Joint Powers Authority. This transaction will result in preserving the units at Aster as affordable to middle-income households. The property owner and purchaser are working toward a sale of the property which could occur this spring. 549 Page 5 of 7 E Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate the City’s Regional Housing Needs Allocation for the period 2023-31. In Progress.On October 6, 2020, the City Council received a report and provided Staff with direction regarding the Housing Element Update for the 2023-2031 planning period and the identification of sites to accommodate the upcoming Regional Housing Needs Allocation (RHNA). Currently, Staff is completing a sites analysis for review by the City Council this spring. Staff is actively engaged in ABAG’s development of the methodology that will be used to distribute the RHNA to each jurisdiction in the Bay Area. Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement Objective Update A Reduce/eliminate the need for paper transactions where feasible. In Progress. Staff has transitioned nearly all externally and internally flowing forms to electronic routing and signature. Staff also converted paper applications to online forms for the Holiday Home Decorating program and Special Events Vendors/Sponsorships applications. B Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures. In Progress.Staff enhanced the Wave webpages to allow customers to subscribe to Newsflashes and pertinent Wave information. In addition,the online registration process for the popular Lap Swim program has been streamlined to resultin a more user-friendly process to reserve lap swim lanes.     C Enhance citizen online interaction via reporting of issues and transparent data. In Progress.The City Manager entered into an agreement with CivicPlusfor See, Click, Fix,a new citizen request and City work management software, which will include a City-branded app for mobile devices. D Continue to utilize all appropriate methods to share and exchange information with the public, including social media, at events and at the City’s website. In Progress.Staff expanded the use of Facebook to share all news and business of the City. Additionally, the City is increasing the use of videos, shared on all social media platforms and the City’s website. Examples include public service announcements (PSAs) from the City Council; a disaster preparedness video by the former Mayor; a replay of several “Community Conversations” that were held during the start of the COVID-19 pandemic and following the police protests in June; a PSA to explain new fees by third-party delivery companies; and videos in remembrance of Ilene Misheloff. The City also broadcasted the Dublin Holiday Tree Lighting event over Facebook Live. 550 Page 6 of 7 Staff has establishednew coronavirus and business impact webpages on the City’s website to disseminate updated health information for the community as well as rules, regulations, and opportunities for Dublin businesses. The City’s public art collection, both publicly and privately owned, is now available for viewing on the City’s website. Parks and Community Services Staff are now utilizing the text message feature in the City’s recreation software (Active Network) to text program information to customers.        The 2020 Dublin Pride Week was completed virtually/online, including the 2nd "Nature in Our Backyard" Photography Contest. E Explore additional social media platforms and expanding use of Facebook to other departments. Complete. Staff has merged all the previous City Facebook accounts (other than The Wave) into one City of Dublin government account. Additionally, Staff transformed the former Parks and Community Services Instagram account into a City of Dublin account. F Explore more exciting and user-friendly presentation of information, and a periodic report from the City Manager’s Office. In Progress.Staff is developing amonthly City newsletter and Dublin Police Annual Report. Strategy 5: Large Land Tract Development and Open Space Objective Update A Look to establish an Economic Development Zone to prioritize commercial and industrial development east of Fallon Road. In Progress.Staff is currently developing potential General Plan Amendments and Zoning Amendments to prioritize and incentivize certain uses that the City Council has deemed desirable for thearea. Additionally,Staff is developing concepts to create an Economic Development Zone to further incentive the introduction of these uses. B Work with the area property owners in conjunction with the Dublin Boulevard extension project on issues such as road and project mitigation, entitlements, as well as supporting infrastructure. In Progress.Staff continues to hold meetings with property owners regarding the Dublin Boulevard Extension and proposed Economic Development Zone.The owners of the Branaugh and Righetti properties have both submitted pre-applications to the City and have begun discussion about improvements to their properties in conjunction with the extension of Dublin Boulevard. 551 Page 7 of 7 The design phasehas begun andis estimated to take 24 months. The City continues working with resource agencies to secure National Environmental Policy Act (NEPA) clearance of the project to facilitate potential Federal funding opportunities for project construction. C Begin discussions regarding required reporting under the Open Space Initiative of 2014 for the provisions of commercial and industrial development in the unincorporated area. Not Started. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Q1 Strategic Plan Update 552 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.8 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from April 1, 2021 – April 30, 2021 totaling $11,259,650.22. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED April 1, 2021 – April 30, 2021 Total Number of Payments: 421 Total Amount of Payments: $11,259,650.22 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning April 1, 2021 through April 30, 2021. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 553 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Payment Issuance Report for April 2021 554 Print Date: 05/03/2021 City of Dublin Page 1 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/02/2021 CAL PERS 78,850.94 PERS RETIREMENT PLAN: PE 3/26/21 04/02/2021 EMPLOYMENT DEVELOPMENT DEPT 18,062.41 CA STATE WITHHOLDING: PE 3/26/21 04/02/2021 I C M A 401 PLAN 1,972.66 DEFERRED COMP 401A: PE 3/26/21 04/02/2021 I C M A 457 PLAN 33,514.92 DEFERRED COMP 457: PE 3/26/21 04/02/2021 INTERNAL REVENUE SERVICE 56,110.06 FEDERAL WITHHOLDING: PE 3/26/21 04/02/2021 U.S. BANK CORPORATE PMT SYSTEM 29.99 ADOBE STOCK IMAGES 129.00 AQUATICS LIFEGUARDS RE-CERTIFICATIONS 1,065.00 BLDG OFFICIAL DUES, & TYLER TECH CONF-SHREEVE 70.00 BUILDING INSPECTOR CONTINUING ED RENEWAL 404.99 CA CITIES CONF REG-TRIBBY & OFFICE SUPPLIES 513.57 CA RECYCLING ASSN DUES-SUNG, OFFICE SUPPLIES 606.24 COMPUTER EQUIPMENT 1,273.97 CRICKET CAGE NETS 911.07 DAMEWARE REMOTE EVERYWHERE LICENSES 12.00 DIGITAL ACCESS SUBSCRIPTION-STEFANSKI 805.00 ECONOMIC DEVELOPMENT COURSE-IARLA 4,139.31 EMPLOYEE APPRECIATION SUPPLIES 1,977.57 EMPLOYMENT AD POSTINGS 19.99 GOOGLE CLOUD STORAGE 40.68 HERITAGE CENTER SUPPLIES 114.00 HUMAN RESOURCES MEMBERSHIP DUES-CARTER 4,459.52 IMAGINE PLAYGROUND RESTROOM LOCK SETS 140.00 INT'L INSTITUTE OF MUNICIPAL CLERKS DUES 410.19 OFFICE SUPPLIES 603.00 PLANNING ASSOCIATION MEMBERSHIPS-WHEELER 952.98 POLICE EQUIPMENT AND SUPPLIES 2,876.08 POLICE SUPPLIES 1,684.36 POLICE VEHICLE WINDOW TINTING 163.13 PRESCHOOL SUPPLIES 52.36 RECREATION SUPPLIES 82.90 SENIOR CENTER SUPPLIES 1,486.60 ST. PATRICK'S DAY & IMAGINE PLAYGROUND SUPPLIES 25.00 TEAM DUBLIN ST. PATRICK'S DAY AWARD 310.00 TRANSPORTATION PUBLICATON Check Total: 25,358.50 04/02/2021 US BANK - PARS 1,779.23 PARS: PE 3/26/21 04/02/2021 WAGEWORKS, INC. 4,067.80 WAGEWORKS: PE 3/26/21 Payments Issued 4/2/2021 Total: 219,716.52 04/05/2021 CAL PERS HEALTH PREMIUM 127,734.53 HEALTH INSURANCE PREMIUM - APR 2021 Payments Issued 4/5/2021 Total: 127,734.53 04/07/2021 ADAMSON POLICE PRODUCTS 566.82 POLICE TACTICAL VEST ACCESSORIES 04/07/2021 ADVANCED MOBILITY GROUP 2,945.00 DUBLIN BLVD SIGNAL COORDINATION STUDY 04/07/2021 ALAMEDA HEALTH SYSTEM 1,274.00 POLICE INVESTIGATION MEDICAL EXAM 04/07/2021 AMP PRINTING, INC. 1,813.55 PRINTING OF ST. PATRICK'S DAY STREET SIGNS Attachment 1 555 Print Date: 05/03/2021 City of Dublin Page 2 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 710.13 PRINTING ST. PATRICK'S PHOTO BOOTH BANNERS Check Total: 2,523.68 04/07/2021 APWA-AMERICAN PUBLIC WORK ASSN 207.00 MEMBERSHIP DUES FOR ADDITIONAL PW STAFF 04/07/2021 ARORA, AKSHAY 945.00 REC CLASS INSTRUCTOR 04/07/2021 ARROW SIGN COMPANY 3,371.00 ACRYLIC PANELS FOR SOCIAL DISTANCING 04/07/2021 ASBAGH, NOOSHIN 99.00 RECREATION REFUND 04/07/2021 BAJAJ, TAANYA 1,202.00 RECREATION REFUND 04/07/2021 BIG O'TIRES #7 258.19 POLICE VEHICLE TIRES & MAINTENANCE 04/07/2021 CAMELLIA PLACE 4,503.00 COVID-19 RENT ASSISTANCE PROGRAM 04/07/2021 CASTRO VALLEY PERFORMING ARTS 294.00 REC CLASS INSTRUCTOR 04/07/2021 CINTAS CORP 216.82 FIRST AID KIT SUPPLIES 04/07/2021 CIVICPLUS, LLC 3,081.73 CITY OF DUBLIN WEBSITE REDESIGN & TRAINING 04/07/2021 CONTRACT SWEEPING SERVICES 20,908.34 STREET SWEEPING SERVICES MAR 2021 04/07/2021 DISABILITY ACCESS DAC 41,260.00 ADA TRANSITION PLAN CONSULTING SVCS 04/07/2021 DSOUZA, PREETI 240.00 RECREATION REFUND 04/07/2021 DUBLIN FAMILY LP 727.00 COVID-19 RENT ASSISTANCE PROGRAM 04/07/2021 DUBLIN UNIFIED SCHOOL DISTRICT 812.88 STAGER GYM PG&E USE 2/11/21-3/14/21 04/07/2021 ECAM SECURE INC 5,820.00 EAGLECAM ANNUAL MAINTENANCE 04/07/2021 ENGEO INC 1,572.50 FALLON CROSSING GHAD MANAGEMENT 6,245.19 FALLON VILLAGE GHAD MANAGEMENT 3,829.25 SCHAEFER RANCH GHAD MANAGEMENT Check Total: 11,646.94 04/07/2021 GEHRKE, MICHELE 22.80 RECREATION REFUND 04/07/2021 GLASS TECH 844.91 2021 ST. PATRICK'S DAY MUGS 04/07/2021 HAN, BEI 287.00 RECREATION REFUND 04/07/2021 JOHNSON CONTROLS SECURITY 1,283.24 FIRE ALARM MONITORING LIBRARY 20.70 FIRE ALARM MONITORING LIBRARY SERVICE CALL 1,928.54 FIRE ALARM MONITORING PUBLIC SAFETY COMPLEX Check Total: 3,232.48 04/07/2021 KITTELSON & ASSOCIATES, INC. 5,595.00 CITYWIDE BIKE/PED MASTER PLAN UPDATE 10,000.00 SB 743 VMT IMPLEMENTATION & MODEL Check Total: 15,595.00 04/07/2021 KOTECHA, LALIT 131.52 RECREATION REFUND 04/07/2021 LEWIS, JAMIE 82.00 RECREATION REFUND 04/07/2021 LIN, JENNIFER 154.00 RECREATION REFUND 04/07/2021 MADHUSUDAN, NAHUSHA 66.00 RECREATION REFUND 04/07/2021 MAHAJAN, KIRTI 180.00 RECREATION REFUND 04/07/2021 MCE CORPORATION 630,668.20 BUILDING MAINTENANCE FEB 2021 04/07/2021 MEHTA, APEKSHA 59.49 RECREATION REFUND 04/07/2021 NGUYEN, HEATHER 209.00 RECREATION REFUND 04/07/2021 NUDO, CHRISTINA 62.50 RECREATION REFUND 04/07/2021 O'GRADY PAVING INC. 104,413.17 2020 SLURRY SEAL PROJECT 04/07/2021 PETIT, CHRISTINE 398.40 REC CLASS INSTRUCTOR 04/07/2021 PG&E 7,425.51 SERVICE TO 03/05/2021 79.34 SERVICE TO 03/11/2021 3,532.89 SERVICE TO 03/14/2021 492.95 SERVICE TO 03/15/2021 12,735.37 SERVICE TO 03/16/2021 556 Print Date: 05/03/2021 City of Dublin Page 3 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 64.74 SERVICE TO 03/17/2021 Check Total: 24,330.80 04/07/2021 PRO CYCLES 1,479.25 POLICE MOTORCYCLE MAINTENANCE 04/07/2021 QUENCH USA, INC. 1,350.38 WATER FILTER SYSTEM SERVICES 04/07/2021 RB TRAVIS CONSTRUCTION 50.80 REFUND BUILDING PERMIT FEE 04/07/2021 REDWOOD TOXICOLOGY LAB. INC. 76.00 FORENSIC DRUG AND ALCOHOL EXAMS 04/07/2021 REGISTRAR OF VOTERS 116,370.33 ELECTION COSTS-GENERAL ELECTION 11/3/2020 04/07/2021 REVEL ENVIRONMENTAL MFG INC. 6,440.00 TRASH CAPTURE DEVICE MAINTENANCE SVCS 04/07/2021 RRM DESIGN GROUP, A CA CORP 24,893.75 CONSULTING SVCS-MULTI-FAM DEV & ADU'S 04/07/2021 SQUAD ESTATES 540.00 REC CLASS INSTRUCTOR 04/07/2021 SURF TO SNOW ENVIRONMENTAL 540.00 SPILL RESPONSE ASSISTANCE & MRP INSPECTIONS 04/07/2021 TREASURER ALAMEDA COUNTY 15,751.76 FUEL DEC 2020 12,198.93 FUEL FEB 2021 12,542.02 FUEL JAN 2021 Check Total: 40,492.71 04/07/2021 TRI-VALLEY JANITORIAL INC. 25,794.92 JANITORIAL SERVICES - CAMP PARKS MAR 2021 2,061.35 JANITORIAL SUPPLIES FEB 2021 Check Total: 27,856.27 04/07/2021 UNIVAR USA INC 1,044.29 POOL CHEMICALS FOR THE WAVE 04/07/2021 UNIVERSAL BUILDING SERVICES & 566.00 CARPET CLEANING SVCS CIVIC CENTER MAR 2021 240.00 CARPET CLEANING SVCS LIBRARY MAR 2021 660.00 CARPET CLEANING SVCS SENIOR CENTER MAR 2021 355.50 CARPET CLEANING SVCS SHANNON CTR MAR 2021 558.00 CARPET CLEANING SVCS THE WAVE MAR 2021 200.00 WINDOW CLEANING SVCS CIVIC CENTER MAR 2021 900.00 WINDOW CLEANING SVCS WAVE MAR 2021 Check Total: 3,479.50 04/07/2021 WEE HOOP, INC. 748.80 REC CLASS INSTRUCTOR 04/07/2021 WESCO GRAPHICS INC 1,894.29 CITY REPORT & ACTIVITY GUIDE PRINTING Payments Issued 4/7/2021 Total: 1,110,896.04 04/08/2021 ALEX, ROSEMARY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 AMAYA, BRIDGET 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 ASH, RICH 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BAKER, JEFF 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BAKSA, JAY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BAXLEY, DEAN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BERGDOLL, JIM 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BHATIA, PRATYUSH 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BLANCO, ROEL 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BOITNOTT, MICHAEL 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BORJON, LAURA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BRIGGS, VERONICA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 BUTLER, LA SHAWN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 CAIRES, SANDRA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 CARTER, JULIE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 CASS, MICHAEL 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 CENTENO, CAMILLE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 557 Print Date: 05/03/2021 City of Dublin Page 4 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/08/2021 CHILKOTOWSKY, SHAUN M 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 CHING, ERWIN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 CLEVENGER, MARISSA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 DELTA DENTAL OF CALIFORNIA 11,977.64 DELTA DENTAL PREMIUM - APRIL 2021 04/08/2021 DETERMAN, EMILY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 DHADWAL, RENUKA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 DIAZ, DANIELLE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 EISENHART, ALEX 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 EISLER, TIMOTHY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 ELLIOTT, ELIZABETH 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 FABRIGAS, CIERRA L. 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 FRANKLIN, RHONDA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 GARTNER, ALESHA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 HANNA, MEAGAN C. 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 HATZIKOKOLAKIS, JACQUI 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 HISATOMI, LISA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 IARLA, SUZANNE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 JACKMAN, SHARLENE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 JAMES, NATHAN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 JAMMAL, LAURA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 KLOSS, DAVID A. 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 KWON, OHSUNG 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 LI MARZI, JENNIFER 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 LI, CARY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 LORENZO, GABRIELLA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MARRIOTT, LAUREN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MCDONALD, LOWELL DEAN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MEIN, STEPHANIE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MENDEZ, JENNIFER 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MIDIDIDDI, SAI 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MOORE, MARSHA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MOYA, CARLOS 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 MUTHER, DANIELLE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 NELSON, ANASTASIA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 NORTON, AMY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 PADUA, SERRIE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 PHILLIPS, TYLER 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 PRASAD, AACHAL 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 PURECO, NELSON 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 RAMIREZ, DORA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 RHOADES, CHRISTOPHER 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 RUSSELL, ANDREW 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SHREEVE, GREGORY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SIU, HENRY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SMITH, ANGELICA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SMITH, ROBERT 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SOLIS, LISA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 STATZELL, ERIK 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 STEFANSKI, JOHN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 558 Print Date: 05/03/2021 City of Dublin Page 5 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/08/2021 STONE, ROBERT 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SUCGANG, LAURIE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 SUNG, MICHELLE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 THRELKELD, JEFF 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 TJENG, YULIANA 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 TRIBBY, COLLEEN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 VISION SERVICE PLAN - (CA) 2,148.33 VISION INSURANCE PREMIUM - APRIL 2021 04/08/2021 VONG, KAREN VAY MAN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WAHBEH, WILLIAM 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WANZENRIED, NICOLE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WEBER, DANIEL 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WELLS, CATHY 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WETHERFORD, HAZEL 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WHEELER, KRISTIE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WINDSOR, STEVE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WOLFENBERGER, KATIE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 WONG, ANNE 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 XU, KAN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 YIP, KA WUN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 04/08/2021 YOUNG, SHANNAN 75.00 TECH REIMB - COVID-19 SIP 3/7/21-4/6/21 Payments Issued 4/8/2021 Total: 20,425.97 04/12/2021 ADAMSON POLICE PRODUCTS 71.02 POLICE TACTICAL VEST ACCESSORIES 04/12/2021 ADC CONSTRUCTION MANAGEMENT 576,595.34 CIVIC CENTER HVAC & ROOF REPLACEMENT 04/12/2021 ADVANCED INTEGRATED PEST 4,325.00 PEST CONTROL SERVICES MAR 2021 04/12/2021 ADVANCED MOBILITY GROUP 1,050.00 DUBLIN BLVD SIGNAL COORDINATION STUDY 930.00 TRAFFIC SIGNAL SYSTEMS SUPPORT Check Total: 1,980.00 04/12/2021 AJAY, LEENA 37.00 RECREATION REFUND 04/12/2021 ALAMEDA CO SHERIFF'S OFFICE 224.07 POLICE EVIDENCE SUPPLIES 04/12/2021 AMADOR VALLEY INDUSTRIES LLC 24,457.72 CAMPS PARKS WASTE SERVICES MAR 2021 04/12/2021 AMP PRINTING, INC. 537.00 PRINTING SERVICES- FARMERS MARKET 04/12/2021 APEX GRADING 45,550.00 FALLON VILLAGE GHAD MAINTENANCE SVCS 04/12/2021 AT&T - CALNET 3 301.38 SERVICE TO 03/26/2021 139.25 SERVICE TO 03/27/2021 Check Total: 440.63 04/12/2021 AVALON BAY COMMUNITIES, INC. 12,000.00 COVID-19 RENT ASSISTANCE PROGRAM 04/12/2021 BAKSHI, SWATI 240.00 RECREATION REFUND 04/12/2021 BHAKTA, DIPTI 56.00 RECREATION REFUND 04/12/2021 BIG O'TIRES #7 211.71 POLICE VEHICLE TIRES & MAINTENANCE 04/12/2021 BKF ENGINEERS 2,619.50 TASSAJARA RD GAP CLOSURE PROJECT 04/12/2021 BLUETOAD, INC. 570.00 SUMMER ACTIVITY GUIDE DIGITAL EDITION 04/12/2021 BOUND TREE MEDICAL, LLC. 363.04 POLICE EVIDENCE SUPPLIES 04/12/2021 CAFE TAPIOCA 521.40 RECOVERY BOOST GRANT PROGRAM 04/12/2021 CAMELLIA PLACE 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 04/12/2021 CDW GOVERNMENT INC 980.07 COMPUTER REPLACEMENTS & MONITORS 04/12/2021 CHANDLER ASSET MANAGEMENT 12,757.03 INVESTMENT CONSULTING SERVICES MAR 2021 04/12/2021 CHARGE POINT, INC. 7,374.38 ANNUAL SUBSCRIPTION FOR EV CHARGING STATIONS 04/12/2021 CHEN, TAI 180.00 RECREATION REFUND 559 Print Date: 05/03/2021 City of Dublin Page 6 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/12/2021 CHU, IRENE 215.00 RECREATION REFUND 04/12/2021 CIVICPLUS, LLC 717.15 CIVICPLUS POLICE DEPT HEADER ANNUAL FEE 04/12/2021 COGENT COMMUNICATIONS, INC 4,471.29 CIVIC CENTER INTERNET SERVICE MARCH 2021 04/12/2021 CORWOOD CAR WASH, INC. 700.00 POLICE VEHICLE CAR WASHES JAN-MAR 2021 04/12/2021 COTTONWOOD 2,404.00 COVID-19 RENT ASSISTANCE PROGRAM 04/12/2021 CPS HR CONSULTING 450.00 INTRODUCTION TO PROJECT MANAGEMENT-MENDEZ 450.00 INTRODUCTION TO PROJECT MANAGMENT - FRANKLIN 100.00 PRIORITIZING YOUR PRIORITEIS - DHADWAL 100.00 PRIORITIZING YOUR PRIORITIES - FRANKLIN 100.00 PRIORITIZING YOUR PRIORITIES - IARLA 100.00 PRIORITIZING YOUR PRIORITIES - MENDEZ 150.00 WRITING ESSENTIALS TRAINING - DHADWAL 150.00 WRITING ESSENTIALS TRAINING - FRANKLIN 150.00 WRITING ESSENTIALS TRAINING - IARLA 150.00 WRITING ESSENTIALS TRAINING - MENDEZ Check Total: 1,900.00 04/12/2021 CULMER, RONALD 99.00 RECREATION REFUND 04/12/2021 DAS, NILANJAN 20.63 RECREATION REFUND 04/12/2021 DEMARTINI, ROBIN 750.00 PERFORMANCE AT ST. PAT’S DRIVE-IN CONCERT 04/12/2021 DHALIWAI, KIRON 32.00 RECREATION REFUND 04/12/2021 DIPIETRO & ASSOC. INC 2,079.00 AED PROGRAM ANNUAL FEE - POLICE 04/12/2021 DSRSD 6,336.88 SERVICE TO 3/14/2021 04/12/2021 DUBLIN FAMILY LP-VALOR CROSSNG 6,066.00 COVID-19 RENT ASSISTANCE PROGRAM 04/12/2021 DUBLIN RANCH OPTOMETRY 3,706.39 RECOVERY BOOST GRANT PROGRAM 04/12/2021 DY, HEATHER 16.19 RECREATION REFUND 04/12/2021 ENG, MOLLY 39.83 RECREATION REFUND 04/12/2021 ENGIE SERVICES U.S. INC. 31,584.00 SOLAR PANEL MAINTENANCE - YEAR 8 04/12/2021 ENTERPRISE RENT A CAR 1,690.06 VEHICLE RENTAL-SPECIAL INVESTIGATIONS UNIT 04/12/2021 EVERYTHING GROWS INTERIOR 198.55 PLANT SERVICES APR 2021 198.55 PLANT SERVICES JAN 2021 198.55 PLANT SERVICES MAR 2021 Check Total: 595.65 04/12/2021 FAIRWAY FAMILY 5,925.00 COVID-19 RENT ASSISTANCE PROGRAM 04/12/2021 FALCO, LAURA 58.00 RECREATION REFUND 04/12/2021 FASTSIGNS 236.46 WAYFINDING SIGNS FOR CIVIC CENTER 04/12/2021 FEDEX 162.58 EXPRESS SHIPPING 04/12/2021 FEHR & PEERS 682.50 TRANSPORTATION IMPACT FEE NEXUS STUDY 04/12/2021 FELICIANO, GARY 166.00 RECREATION REFUND 04/12/2021 FRANKIE, JOHNNIE & LUIGI TOO 10,000.00 RECOVERY BOOST GRANT PROGRAM 04/12/2021 GHD, INC. 1,596.00 SPEED LIMIT ENGINEERING/TRAFFIC SURVEYS 04/12/2021 GOVERNMENT FINANCE OFFICERS 250.00 MEMBER DUES-RHOADES/RAMIREZ 04/12/2021 GUNTURU, SWATHI 144.00 RECREATION REFUND 04/12/2021 HERNANDEZ, RANDY 50.00 RECREATION REFUND 04/12/2021 HUA, TAMMY 138.63 RECREATION REFUND 04/12/2021 HUANG, JEAN 41.00 RECREATION REFUND 04/12/2021 JACOBSON, CASSANDRA 37.00 RECREATION REFUND 04/12/2021 JIMMY WANG INVESTMENTS LLC. 2,946.82 RECOVERY BOOST GRANT PROGRAM 04/12/2021 KAPOOR, SHALIN 23.50 RECREATION REFUND 560 Print Date: 05/03/2021 City of Dublin Page 7 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/12/2021 KELLER, LINDSAY 58.00 RECREATION REFUND 04/12/2021 KIDZ LOVE SOCCER 72.45 REC CLASS INSTRUCTOR 04/12/2021 LANEY, ELAINE 21.55 RECREATION REFUND 04/12/2021 LEHR AUTO 11,261.40 EMERGENCY EQUIPMENT FOR POLICE VEHICLE 477.66 POLICE VEHICLE MAINTENANCE & REPAIR Check Total: 11,739.06 04/12/2021 LOWE, JESSICA 60.00 RECREATION REFUND 04/12/2021 MADHUSUDAN, SUMITHA 59.60 RECREATION REFUND 04/12/2021 MALHI, MANPREET 78.00 RECREATION REFUND 04/12/2021 MANAGEMENT PARTNERS INC. 2,177.50 EXECUTIVE COACHING SERVICES 04/12/2021 MARES, TANYA 44.00 RECREATION REFUND 04/12/2021 MARK THOMAS & COMPANY, INC. 6,384.92 IRON HORSE TRAIL CROSSING DESIGN SVCS 04/12/2021 MATHNASIUM OF DUBLIN 6,469.15 RECOVERY BOOST GRANT PROGRAM 04/12/2021 MCE CORPORATION 9,497.42 LANDSCAPE MAINTENANCE DSRSD MAR 2021 04/12/2021 NOVANI, LLC. 3,000.00 TRAFFIC OPERATIONS CENTERS MAINT/SUPPORT 04/12/2021 OBILLO, EDWIN 34.50 RECREATION REFUND 04/12/2021 OH, SUSAN 60.00 RECREATION REFUND 04/12/2021 OLIVEIRA, MARCOS 95.00 RECREATION REFUND 04/12/2021 PAKPOUR CONSULTING GROUP, INC. 2,400.00 ENGINEERING SERVICES-CIP MAR 2021 04/12/2021 PETIT, CHRISTINE 456.00 REC CLASS INSTRUCTOR 04/12/2021 PG&E 43.70 SERVICE TO 03/14/2021 25,728.20 SERVICE TO 03/17/2021 4,880.63 SERVICE TO 03/25/2021 113.71 SERVICE TO 03/26/2021 573.69 SERVICE TO 03/31/2021 Check Total: 31,339.93 04/12/2021 PHAM, PEYTON 60.00 RECREATION REFUND 04/12/2021 PHAM, TU 25.00 RECREATION REFUND 04/12/2021 PISCIOTTO, PAUL 150.00 RECREATION REFUND 04/12/2021 R&K ASIAN DINING LLC 6,952.41 RECOVERY BOOST GRANT PROGRAM 04/12/2021 RAMAKRISHNAN, ANU 127.00 RECREATION REFUND 04/12/2021 RICHMOND, DAWN 99.50 RECREATION REFUND 04/12/2021 RRM DESIGN GROUP, A CA CORP 2,900.00 LANDSCAPE PLAN CHECK & INSPECTION SVCS 04/12/2021 SAN FRANCISCO ELEVATOR SVC INC 359.71 ELEVATOR MAINTENANCE INSPECTIONS APR 2021 04/12/2021 SCHMIDT, LAURA 90.00 RECREATION REFUND 04/12/2021 SELECT IMAGING 1,403.31 MAYOR'S OFFICE NOTECARDS & ENVELOPES 04/12/2021 SIMPLER SYSTEMS, INC 1,500.00 SIMPLER SOFTWARE LICENSING/SUPPORT FY20-21 04/12/2021 SIVATHANUPILLAI, ADHI 425.00 RECREATION REFUND 04/12/2021 SMITH, KEVIN 72.00 RECREATION REFUND 04/12/2021 SQUAD ESTATES 528.00 REC CLASS INSTRUCTOR 04/12/2021 STATE WATER RESOURCES CONTROL 817.00 FALLON SPORTS PARK PERMIT APPLICATION FEE 04/12/2021 SUSANTI, IRENE 133.00 RECREATION REFUND 04/12/2021 TESLA ENERGY 412.60 REFUND BUILDING PERMIT FEE 04/12/2021 TREASURER ALAMEDA COUNTY 46,702.84 TRAFFIC SIGNAL/ STREET LIGHT MAINT FEB 2021 04/12/2021 TSUKADA, VAN 165.00 RECREATION REFUND 04/12/2021 UNUM LIFE INS CO OF AMERICA 11,783.42 LIFE AND AD&D PREMIUM – APR 2021 04/12/2021 VERMONT SYSTEMS, INC. 625.00 REC SOFTWARE SET UP & TRAINING-FRANKLIN 04/12/2021 WAGEWORKS, INC. 501.50 FLEXIBLE SPENDING ACCOUNT FEES FEB 2021 501.50 FLEXIBLE SPENDING ACCOUNT FEES MAR 2021 561 Print Date: 05/03/2021 City of Dublin Page 8 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description Check Total: 1,003.00 04/12/2021 WB2J, INC. 5,493.14 RECOVERY BOOST GRANT PROGRAM 04/12/2021 WESCO GRAPHICS INC 8,620.06 CITY REPORT & ACTIVITY GUIDE PRINTING 04/12/2021 WONG, ELTON 61.00 RECREATION REFUND 04/12/2021 YANG, TINA 21.67 RECREATION REFUND Payments Issued 4/12/2021 Total: 948,548.21 04/13/2021 NORTH AMERICAN TITLE COMPANY 400,612.50 DONLON WAY PROPERTY ACQUISITION Payments Issued 4/13/2021 Total: 400,612.50 04/16/2021 CAL PERS 79,752.04 PERS RETIREMENT PLAN: PE 4/9/21 04/16/2021 EMPLOYMENT DEVELOPMENT DEPT 18,010.67 CA STATE WITHHOLDING: PE 4/9/21 04/16/2021 I C M A 401 PLAN 1,972.66 DEFERRED COMP 401A: PE 4/9/21 04/16/2021 I C M A 457 PLAN 34,711.39 DEFERRED COMP 457: PE 4/9/21 04/16/2021 INTERNAL REVENUE SERVICE 55,637.73 FEDERAL WITHHOLDING: PE 4/9/21 04/16/2021 US BANK - PARS 1,138.50 PARS: PE 4/9/21 04/16/2021 WAGEWORKS, INC. 3,067.80 WAGEWORKS: PE 4/9/21 Payments Issued 4/16/2021 Total: 194,290.79 04/19/2021 ADVANCED MOBILITY GROUP 505.00 DUBLIN BLVD SIGNAL COORDINATION STUDY 900.00 TRANSPORTATION PLANNING SERVICES Check Total: 1,405.00 04/19/2021 AFGHAN FOOTBALL SUPPORT ORG. 3,892.00 FSP SOCCER FIELD RESERVATION REFUND 04/19/2021 AIGNER, MOLLY 1,000.00 PAINTED ADIRONDACK CHAIRS FOR ART DISPLAY 04/19/2021 ARELLANO, SANDRA 696.00 REC ACTIVITY CANCELLATION REFUND 04/19/2021 AT&T - CALNET 3 132.54 SERVICE TO 04/01/2021 101.42 SERVICE TO 04/06/2021 Check Total: 233.96 04/19/2021 AVALON BAY COMMUNITIES, INC. 2,502.65 REFUND DEVELOPER DEPOSIT 04/19/2021 AXIS COMMUNITY HEALTH 3,638.50 HUMAN SERVICES GRANT JAN-MAR 2021 04/19/2021 BALDANZI, ROSEMARY 12.60 MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 BOYLE, DUSTIN TRAVIS 500.00 FARMERS' MARKET PERFORMANCE 04/19/2021 BRINKS, INC. 207.51 ARMORED CAR SERVICE APR 2021 6.67 ARMORED CAR SERVICE MAR 2021 Check Total: 214.18 04/19/2021 CALIFORNIA BUILDING STANDARDS 2,339.10 GREEN BUILDING FEES JAN-MAR 2021 04/19/2021 COMMUNITY RESOURCES FOR INDEPENDENT LIVING 3,424.19 HUMAN SERVICES GRANT JAN-MAR 2021 04/19/2021 CONVERGEONE, INC. 18,727.00 PHONE SYSTEM MAINT & HARDWARE REPLACEMENT 04/19/2021 COTTONWOOD 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 04/19/2021 DEPARTMENT OF JUSTICE 288.00 FINGERPRINTING SERVICES MAR 2021 04/19/2021 DEPT OF CONSERVATION 8,950.72 SEISMIC HAZARD MAPPING FEE JAN-MAR 2021 04/19/2021 DIV OF THE STATE ARCHITECT 134.40 BUSINESS LICENSE ADMIN CASP FEE JAN-MAR 2021 04/19/2021 DU-ALL SAFETY, LLC 1,015.00 SAFETY CONSULTING & INSPECTION SERVICES 04/19/2021 DUBLIN UNIFIED SCHOOL DISTRICT 381.66 STAGER GYM SPURR USE 1/1/21 - 2/1/21 04/19/2021 EAST BAY POOL SERVICE, INC. 8,620.00 THE WAVE POOL MAINTENANCE MAR 2021 399.00 THE WAVE POOL SUPPLIES Check Total: 9,019.00 04/19/2021 ELLIOTT, ELIZABETH 5.38 MILEAGE REIMBURSEMENT FEB 2021 36.18 MILEAGE REIMBURSEMENT MAR 2021 562 Print Date: 05/03/2021 City of Dublin Page 9 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description Check Total: 41.56 04/19/2021 ENGEO INC 13,931.00 FALLON CROSSING GHAD MANAGEMENT 5,585.25 FALLON VILLAGE GHAD MANAGEMENT 1,398.50 SCHAEFER RANCH GHAD MANAGEMENT Check Total: 20,914.75 04/19/2021 EVCAP AMADOR PLAZA LLC 1,443.13 REFUND OF DEVELOPER DEPOSIT ACCOUNT 04/19/2021 FARAHMAND, AMIR 356.44 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 FOUNTAINS AT EMERALD PARK 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 04/19/2021 GORDON HUETHER + PARTNERS, INC 1,000.00 DON BIDDLE COMM PARK ART DESIGN PROPOSAL 04/19/2021 GRAY-BOWEN-SCOTT 2,283.75 ENGINEERING SERVICES-CIP MAR 2021 04/19/2021 GUIDA SURVEYING INC. 261.00 ENGINEERING SERVICES MAR 2021 04/19/2021 HAIDER, AGHA S. 276.64 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 HD SUPPLY CONST & INDUSTRIAL 37.56 OPERATING SUPPLIES FOR PW INSPECTOR 04/19/2021 JAVORSKY, KYLE 285.60 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 JOHNSON, JENNIFER 39.20 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 KAISER PERMANENTE 6,000.00 ST. PATRICK'S FESTIVAL SPONSOR REFUND 04/19/2021 KIER & WRIGHT CIVIL ENGINEERS 1,691.50 ENGINEERING SERVICES DEC 2020 1,393.00 ENGINEERING SERVICES DEC 2020 2,288.50 ENGINEERING SERVICES JAN 2021 398.00 ENGINEERING SERVICES MAR 2021 Check Total: 5,771.00 04/19/2021 KIMLEY-HORN AND ASSOC. INC. 3,970.00 ENGINEERING SERVICES FEB 2021 19,581.12 HOUSING ELEMENT UPDATE CONSULTING SERVICES 7,724.91 PREPARE CEQA DOCS FOR EAST RANCH PROJECT Check Total: 31,276.03 04/19/2021 LIVERMORE AUTO GROUP 13,310.77 POLICE VEHICLE MAINTENANCE & REPAIR 04/19/2021 LUM, MARVIN 59.25 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 M-GROUP 4,750.00 PLANNING SERVICES MAR 2021 04/19/2021 MR. PICKLES DUBLIN 1,650.67 RECOVERY BOOST GRANT PROGRAM 04/19/2021 OLIVAS, DANIEL 412.72 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 OLIVAS, JOSH 198.80 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 ORTIZ CONSTRUCTION 500.00 REFUND OF ENCROACHMENT PERMIT CASH BOND 04/19/2021 PATEL, AMIT 750.00 REFUND SHANNON DEPOSIT 04/19/2021 PG&E 1,158.59 SERVICE TO 03/14/2021 2,558.90 SERVICE TO 03/15/2021 8,165.38 SERVICE TO 03/16/2021 120.26 SERVICE TO 03/29/2021 2,627.54 SERVICE TO 03/30/2021 1,962.59 SERVICE TO 03/31/2021 1,880.53 SERVICE TO 04/01/2021 161.31 SERVICE TO 04/02/2021 Check Total: 18,635.10 04/19/2021 PIMENTEL, JAYNEEN 750.00 REFUND SHANNON CENTER DEPOSIT 04/19/2021 QUADIENT, INC. 98.16 POSTAGE MACHINE QUARTERLY LEASE FOR POLICE 04/19/2021 RENEWAL BY ANDERSON 2,000.00 REFUND FOR ST. PATRICK’S FESTIVAL SPONSORSHIP 04/19/2021 RRM DESIGN GROUP, A CA CORP 462.00 ENGINEERING SERVICES FEB 2021 04/19/2021 SENIOR SUPPORT PROGRAM 3,945.29 HUMAN SERVICES GRANT JAN-MAR 2021 04/19/2021 SHAMROCK OFFICE SOLUTIONS, LLC 1,910.99 COPIER CHARGES 563 Print Date: 05/03/2021 City of Dublin Page 10 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/19/2021 SNG & ASSOCIATES INC. 18,995.00 ENGINEERING SERVICES DEC 2020 16,992.00 ENGINEERING SERVICES FEB 2021 25,672.00 ENGINEERING SERVICES JAN 2021 Check Total: 61,659.00 04/19/2021 SOLATI, ZACH 425.60 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 SPECTRUM COMMUNITY SVCS INC. 2,863.22 CARES COVID-19 PROGRAM GRANT MAR 2021 1,138.92 HUMAN SERVICES GRANT MAR 2021 Check Total: 4,002.14 04/19/2021 STUDIO 8 DANCE & PERFORMING 1,036.80 REC CLASS INSTRUCTOR 04/19/2021 THE ECOHERO SHOW, LLC. 1,700.00 DUBLIN SCHOOLS RECYCLING EDUCATION ASSEMBLY 04/19/2021 T-MOBILE USA, INC. 1,460.84 CELL PHONE SERVICES 2/21/21-3/20/21 04/19/2021 TRALEE VILLAGE APARTMENTS 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 04/19/2021 TRB AND ASSOCIATES, INC. 8,707.50 PLAN CHECK SERVICES MAR 2021 04/19/2021 TRI-VALLEY HAVEN, INC 3,412.94 HUMAN SERVICES GRANT FEB 2021 04/19/2021 TYLER TECHNOLOGIES, INC. 679,052.00 TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 04/19/2021 VERIZON WIRELESS 746.74 REFUND OF DEVELOPER DEPOSIT ACCOUNT 04/19/2021 VERTIGIS 5,464.00 GEOCORTEX GIS SOFTWARE ANNUAL MAINTENANCE 04/19/2021 WATERFORD PLACE APARTMENTS 2,400.00 COVID-19 RENT ASSISTANCE PROGRAM 04/19/2021 WC3-WEST COAST CODE CONSULTANT 4,252.50 PLAN CHECK SERVICES MAR 2021 04/19/2021 WHITING TURNER CONTRACTING CO. 500.00 REFUND TEMPORARY USE PERMIT FEE 04/19/2021 WONG, KINLEY 500.00 LIBRARY RENTAL DEPOSIT REFUND 04/19/2021 YU, GILBERT 178.75 PARK MONITOR MILEAGE REIMBURSEMENT MAR 2021 04/19/2021 ZUMWALT ENGINEERING GROUP 22,748.00 ENGINEERING SERVICES FEB 2021 Payments Issued 4/19/2021 Total: 994,041.18 04/20/2021 CALPERS 4,032.00 2021 REPLACEMENT CHARGES FOR CITY OF DUBLIN Payments Issued 4/20/2021 Total: 4,032.00 04/23/2021 U S BANK ST. PAUL 437,232.72 SPECIAL TAX REVENUE COLLECTED CFD 2015-1 Payments Issued 4/23/2021 Total: 437,232.72 04/26/2021 AJS COFFEE DUBLIN INC. 2,400.00 RECOVERY BOOST GRANT PROGRAM 04/26/2021 ALAMEDA COUNTY FIRE DEPARTMENT 1,202,936.08 FIRE SERVICES APR 2021 04/26/2021 ALAMEDA COUNTY FLOOD CONTROL 215,708.13 ZONE 7 FEES COLLECTED JAN-MAR 2021 04/26/2021 AMIRHOSSEINI, SHIREEN 61.00 RECREATION REFUND 04/26/2021 AMP PRINTING, INC. 164.30 BUSINESS CARDS 04/26/2021 ARORA, AKSHAY 10,388.00 REC CLASS INSTRUCTOR 04/26/2021 AT&T - CALNET 3 1,234.33 SERVICE TO 04/12/2021 525.88 SERVICE TO 04/14/2021 Check Total: 1,760.21 04/26/2021 BAY AREA AIR QUALITY MGMT DIST 410.00 ANNUAL GENERATOR PERMIT RENEWAL CIVIC CENTER 04/26/2021 BHUSHAN, SMITA 85.00 RECREATION REFUND 04/26/2021 BPXPRESS 1,855.90 FALLON SPORTS PARK BID PRINTING 04/26/2021 BROOKFIELD RESIDENTIAL 40,416.85 REFUND SECURITY CASH DEPOSIT 04/26/2021 BSK ASSOCIATES INC. 4,094.00 GEOTECHNICAL SVCS-HERITAGE PARK CEMETARY 04/26/2021 CARAHSOFT 640.79 DOCUSIGN ENVELOPES AND PREMIER SUPPORT 04/26/2021 CAREY, VALARIE 28.00 RECREATION REFUND 04/26/2021 CHAO, KAN 115.00 RECREATION REFUND 04/26/2021 COMCAST 2,300.00 CIVIC CENTER & FIRE STATION INTERNET MAR 2021 564 Print Date: 05/03/2021 City of Dublin Page 11 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/26/2021 CONTRACT SWEEPING SERVICES 20,908.34 STREET SWEEPING SERVICES APR 2021 04/26/2021 DADIA, MEGHNA 111.00 RECREATION REFUND 04/26/2021 DALIPARTHY, NALINI 176.00 RECREATION REFUND 04/26/2021 DANG, KHANH-LINH 226.00 RECREATION REFUND 04/26/2021 DSRSD 91,945.27 SERVICE TO 3/31/2021 04/26/2021 DUBLIN CREEK KENNELS 1,724.99 RECOVERY BOOST GRANT PROGRAM 04/26/2021 DUBLIN SAN RAMON SERVICES 19,842.00 HERITAGE PARK WATER METER UPSIZE 04/26/2021 DUBLIN UNIFIED SCHOOL DISTRICT 338.67 STAGER GYM WATER USE 12/1/20-1/31/21 04/26/2021 EVERYTHING GROWS INTERIOR 198.55 PLANT SERVICES FEB 2021 04/26/2021 FEDEX 28.20 EXPRESS SHIPPING 04/26/2021 FIRST CARBON SOLUTIONS 4,486.25 HERITAGE CEMETARY IMPROV-ENVIRONMENTAL 04/26/2021 FORD TIMING 755.75 FUN RUN TIMING AND REGISTRATION 04/26/2021 GROUP 4 ARCHITECTURE, 55,672.38 DESIGN OF CULTURAL ARTS CENTER TASKS 1 & 2 04/26/2021 GUZMAN, MARIE D 65.00 RECREATION REFUND 04/26/2021 HARRIS & ASSOCIATES 170.00 2020 SLURRY SEAL PROJECT 04/26/2021 HASAN, LUBNA 151.00 RECREATION REFUND 04/26/2021 HU, KAREN 532.00 RECREATION REFUND 04/26/2021 JALADI, RAJESH 77.75 RECREATION REFUND 04/26/2021 JOHN, SANTHOSH 430.00 RECREATION REFUND 04/26/2021 KAMBOJ, VARUN 36.00 RECREATION REFUND 04/26/2021 KULIKOV, ALEX 44.50 RECREATION REFUND 04/26/2021 KURIAKOSE, GEORGE 169.00 RECREATION REFUND 04/26/2021 LANLOGIC INC. 6,693.00 INFORMATION SYSTEMS CONSULTING MAR 2021 1,050.00 MALWARE SOFTWARE ANNUAL MAINTENANCE 425.00 NETWORK MONITORING SERVICES MAR 2021 Check Total: 8,168.00 04/26/2021 LAW OFFICES OF DAWN CEIZLER 30,000.00 SETTLEMENT AGREEMENT 04/26/2021 LAW OFFICES OF DAWN CEIZLER 516.00 LEGAL FEES Vendor Total: 30,516.00 04/26/2021 LOTZ, KAREN 546.00 RECREATION REFUND 04/26/2021 LPA, INC. 18,381.25 DESIGN SVCS-CIVIC CTR HVAC/ROOF REPLACEMENT 04/26/2021 LUONG, JEANETTE 13.76 RECREATION REFUND 04/26/2021 MAINDAN, PREETI 29.66 RECREATION REFUND 04/26/2021 MANAGEMENT PARTNERS INC. 3,500.00 CITY COUNCIL 2021 TEAM BLDG WORKSHOP 04/26/2021 MCE CORPORATION 501,513.15 BUILDING MAINTENANCE MAR 2021 04/26/2021 MEYERS NAVE 41,446.91 LEGAL SERVICES FEB 2021 04/26/2021 MINUTEMAN PRESS 75.85 VOLUNTEER RECOGNITION EVENT INVITATIONS 04/26/2021 MIYAMOTO INTERNATIONAL, INC. 1,031.25 EXPERT SERVICES FOR PSC LITIGATION 04/26/2021 MNS ENGINEERS, INC. 3,588.75 INSPECTIONS AT IMAGINE PLAYGROUND (DSG) 04/26/2021 MUSIC N BEYOND 8,157.94 RECOVERY BOOST GRANT PROGRAM 04/26/2021 NARAGHI, MARJAN 300.00 RECREATION REFUND 04/26/2021 NICHOLS CONSULTING ENGINEERS 9,616.25 ENGINEERING SERVICES FEB 2021 04/26/2021 PAKPOUR CONSULTING GROUP, INC. 3,540.00 MAR 2019 SLURRY SEAL PROJECT MANAGEMENT 12,921.00 PROJECT MANAGEMENT-DON BIDDLE PARK 2,301.00 PROJECT MANAGEMENT-IMAGINE PLAYGROUND Check Total: 18,762.00 04/26/2021 PATEL, ARUNA 16.50 RECREATION REFUND 04/26/2021 PETIT, CHRISTINE 268.80 REC CLASS INSTRUCTOR 04/26/2021 PG&E 3,224.51 SERVICE TO 03/31/2021 565 Print Date: 05/03/2021 City of Dublin Page 12 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 241.04 SERVICE TO 04/01/2021 60.73 SERVICE TO 04/06/2021 28,240.61 SERVICE TO 04/07/2021 1,481.62 SERVICE TO 04/08/2021 Check Total: 33,248.51 04/26/2021 PGADESIGN INC. 18,991.25 HERITAGE PARK IMPROVEMENTS DESIGN SVCS 04/26/2021 PINOT'S PALETTE LIVERMORE 352.00 PAINT NIGHT DEMONSTRATION 04/26/2021 PLEASANTON, CITY OF 27,054.18 FREEWAY INTERCHANGE DEBT PMT JAN-MAR 2021 04/26/2021 RAJA, PAUL 24.00 RECREATION REFUND 04/26/2021 RAMOS, LUIS 12.00 RECREATION REFUND 04/26/2021 RAMOS-GREEN, RUBY 59.00 RECREATION REFUND 04/26/2021 REGISTER, INGRID 300.00 EGGSTRAVAGANZA ENTERTAINMENT 04/26/2021 ROCHE, TRISHA 80.00 RECREATION REFUND 04/26/2021 SCHULER, LEA 95.00 RECREATION REFUND 04/26/2021 SEED COLLABORATIVE, LLC 3,937.50 COMMUNITY TASK FORCE FACILITATION 04/26/2021 SELECT IMAGING 29.65 CITY COUNCIL DIAS NAME PLATE-JOSEY 04/26/2021 SHAH, SAMIP 78.00 RECREATION REFUND 04/26/2021 SR ISALMIC CENTER 820.00 RECREATION REFUND 04/26/2021 STAR CHAAT CUISINE 10,000.00 RECOVERY BOOST GRANT PROGRAM 04/26/2021 SWINERTON MANAGEMENT 53,388.00 PROJ MGMT/INSPECT-CIVIC CTR HVAC/ROOF PROJ 04/26/2021 T&M COSMETOLOGY, LLC 3,674.90 RECOVERY BOOST GRANT PROGRAM 04/26/2021 TREASURER ALAMEDA COUNTY 3,451,179.12 DUBLIN POLICE SERVICES 12/27/20-02/20/21 04/26/2021 TRI-VALLEY COMMUNITY TV 986.91 RECORD/TELEVISE CITY COUNCIL & PLNG COMM MTGS 04/26/2021 TRI-VALLEY JANITORIAL INC. 4,392.00 EXTRA JANITORIAL DISINFECTING SVCS MAR 2021 5,225.00 EXTRA JANITORIAL ELECTROSTATIC CLEANING 25,794.92 JANITORIAL SERVICES CAMP PARKS APR 2021 24,947.29 JANITORIAL SERVICES APR 2021 4,392.00 JANITORIAL SERVICES DAILY DISINFECTING APR 2021 24,947.29 JANITORIAL SERVICES MAR 2021 1,999.82 JANITORIAL SUPPLIES MAR 2021 5,225.00 JANITORIAL SVCS ELECTROSTATIC CLEANING FEB 2021 Check Total: 96,923.32 04/26/2021 TRI-VALLEY TRANSPORT. COUNCIL 304,704.50 TRI-VALLEY TRANSPORTATION FEES JAN-MAR 2021 04/26/2021 TYLER TECHNOLOGIES, INC. 9,100.00 TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 04/26/2021 UNITED SITE SERVICES OF CA INC 665.57 PD TRAILER SEPTIC TANK SERVICES 04/26/2021 UNIVERSAL BUILDING SERVICES & 312.00 EXTRA CARPET CLEANING FIRE STATION 16 195.00 EXTRA CARPET CLEANING FIRE STATION 17 234.00 EXTRA CARPET CLEANING FIRE STATION 18 Check Total: 741.00 04/26/2021 WIDENBAUM, DIANE 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 04/26/2021 WOOD RODGERS, INC. 2,500.00 FALLON SPORTS PARK STRUCTURAL CALCULATION 04/26/2021 ZUMWALT ENGINEERING GROUP 440.00 PROJECT MGMT SVCS-DON BIDDLE COMMUNITY PARK Payments Issued 4/26/2021 Total: 6,347,518.39 04/28/2021 MILLER, YUVAL 3,600.00 LEGAL SERVICES 04/28/2021 TRIVALLEY BMR, LLC 330,000.00 OPEN HEART KITCHEN AT VINEYARD-CDBG PROJ Payments Issued 4/28/2021 Total: 333,600.00 566 Print Date: 05/03/2021 City of Dublin Page 13 of 13 Payment Issuance Report Payments Dated 4/1/2021 through 4/30/2021 Date Issued Payee Amount Description 04/30/2021 EMPLOYMENT DEVELOPMENT DEPT 19,250.53 CA STATE WITHHOLDING: PE 4/23/21 04/30/2021 I C M A 401 PLAN 1,972.66 DEFERRED COMP 401A: PE 4/23/21 04/30/2021 I C M A 457 PLAN 33,280.01 DEFERRED COMP 457: PE 4/23/21 04/30/2021 INTERNAL REVENUE SERVICE 59,547.74 FEDERAL WITHHOLDING: PE 4/23/21 04/30/2021 US BANK - PARS 1,656.83 PARS: PE 4/23/21 04/30/2021 WAGEWORKS, INC. 5,293.60 WAGEWORKS: PE 4/23/21 Payments Issued 4/30/2021 Total: 121,001.37 Grand Total for Payments Dated 4/1/2021 through 4/30/2021: 11,259,650.22 Total Number of Payments Issued: 421 567 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 4.9 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Directing Preparation of Annual Engineer’s Reports, Approving Preliminary Engineer’s Reports, and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1 Prepared by: Dean McDonald, Maintenance Superintendent EXECUTIVE SUMMARY: The City Council will consider directing preparation of the Fiscal Year 2021-22 Engineer’s Reports, approving the preliminary Fiscal Year 2021-22 Engineer's Reports, and scheduling a public hearing date of June 1, 2021 for the five assessment districts. STAFF RECOMMENDATION: Take the following actions: 1) Adopt the Resolution Directing Preparation of Annual Engineer’s Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1; and 2) Adopt the Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1. FINANCIAL IMPACT: The cost of preparing the Engineer's Reports is budgeted in the Fiscal Year 2021-22 budget and is paid by each respective assessment district. A summary of revenues, expenditures, and balances of each district is shown in the table below. Revenues and expenditures for each assessment district are tracked separately. 568 Page 2 of 7 SUMMARY PRELIMINARY ASSESSMENT DISTRICT PROJECTED FISCAL YEAR 2021-2022 REVENUE & EXPENDITURES St. Light 1983-1 Stagecoach Rd Landscape 1983-2 Dougherty Rd Landscape 1986-1 Santa Rita Landscape 1997-1 East Dublin St. Light 1999-1 PROJECTED REVENUE $323,413 $105,488 $169,246 $396,710 $344,135 ESTIMATED EXPENDITURES $280,130 $78,137 $135,512 $363,164 $251,900 TRANSFER TO CAPITAL IMPROVEMENT FUND $43,283 $27,351 $33,734 $33,546 $92,235 BALANCE TO RESERVES $0 $0 $0 $0 $0 RESERVE BALANCE ESTIMATED BEGINNING BALANCE1 $524,523 $295,464 $458,996 $1,041,127 $396,748 RESERVE TRANSFER TO OPERATING FUND $0 $0 $0 $0 $0 ESTIMATED INTEREST AND OTHER INCOME $0 $0 $0 $0 $0 RESERVE TRANSFER TO CAPITAL IMPROVEMENT FUND $43,283 $27,351 $33,734 $33,546 $92,235 PROJECTED ENDING BALANCE FISCAL YEAR 2021-221 $567,806 $322,815 $492,730 $1,074,673 $488,983 1The Fund balances shown in the table above, represent amounts held for both operating reserves and capital replacement. DESCRIPTION: The procedure for establishing annual maintenance assessments is governed by the Landscaping and Lighting Act of 1972, which is State Law codified in the Streets and Highways Code. The procedure requires that the City Council direct preparation of Engineer’s Reports and consider approval of those reports for the City of Dublin’s two street lighting maintenance assessment districts and the three landscaping and lighting districts described below for Fiscal Year 2021-22. The City Council must also consider setting a public hearing date in order to hear any protests prior to approving the levy of assessments in each district. Staff proposes the public hearing to be on June 1, 2021, in the City Council Chamber, located at 100 Civic Plaza, Dublin, and remotely via 569 Page 3 of 7 Zoom Communications. The five assessment districts formed under the Landscaping and Lighting Act of 1972 are briefly described below. More detailed information about each district, including a map of the boundary of each district, can be found in Attachments 3 through 7. Street Lighting Maintenance District 1983-1 This District was established to replace the County Service Area, which had paid maintenance and energy costs for public streetlights within the City of Dublin. The boundary of this assessment district encompasses the entire City, except for the Dublin Ranch area, Tracts 7067, 7586, 8024, 8073, and 8074, and the Boulevard project. The City Council approved formation of this District on August 2, 1983, with the initial assessment in the 1984-1985 tax year. The maximum assessment allowed under the authorizing documents is $19.34 per unit for residential uses and $106.37 per acre for commercial uses. The maximum assessment has been levied since Fiscal Year 2007-08. There is no provision in the formation documents to increase the per unit levy. As noted in the Engineer’s Report any increase would require the approval of the property owners subject to the assessment. In past years, the largest expenditure within this District's operating expenses was the annual capital lease payment to Chevron Energy Solutions for a light emitting diode (LED) fixture retrofit project. This project took place in Fiscal Year 2012-13, retrofitting 2,821 streetlights. In Fiscal Year 2016-17, the City Council approved the use of a General Fund reserve to pay the annual capital lease payment; the entire lease balance was subsequently paid off by the General Fund reserve in Fiscal Year 2018-19. Without the debt expenditure, the District is able to build up reserves and build up a capital improvement fund balance for future repair and replacement costs of streetlight infrastructure. The proposed assessment amount for Fiscal Year 2021-22 remains the same as Fiscal Year 2020- 21, as shown below. Street Lighting Maintenance Assessments (District 1983-1) Property Type Current Fiscal Year Proposed Fiscal Year 2021-22 Annual Change ($) Equivalent Dwelling Unit (EDU)$19.34 $19.34 $0 Commercial Per Acre $106.37 per acre $106.37 per acre $0 Landscaping and Lighting District 1983-2 (Stagecoach Road) This District provides funds for the maintenance of certain landscape improvements in the Dublin Hills Estates and Amador Lakes developments along Stagecoach Road. The District's boundaries include all of Tract 4719 and cover the 150-unit single-family Dublin Hills Estates development and the Amador Lakes development. The City Council approved formation of this District on January 23, 1984, with the initial assessment in the 1985-1986 tax year. 570 Page 4 of 7 The District is responsible for the maintenance of the Stagecoach Road landscaping and the interior slope landscaping within Tract 4719. The spread of assessments assigns 61.6% of the total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. The Fiscal Year 2021-22 assessments are expected to pay for the ongoing maintenance and utility costs associated with the District. Details related to the budgeted expenditures can be found within the Fiscal Year 2021-22 Preliminary Engineer’s Report. The assessment methodology approved in Fiscal Year 2003-04 by property owners in the District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2021-22 is $474.56 per single family residence and $80.24 per multi-family residence. The City can elect to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. The proposed assessment amount for Fiscal Year 2021-22 remains the same as Fiscal Year 2020- 21, as shown below. Stagecoach Road Assessments (District 1983-2) Property Type Current Fiscal Year Proposed Fiscal Year 2021-22 Annual Change ($) Dublin Hills Estates - Single Family Homes $409.40 $409.40 $0 Amador Lakes - Apt / Condominiums $69.25 $69.25 $0 Landscaping and Lighting District 1986-1 (Villages at Willow Creek) This District was formed with the initial assessment in the 1987-1988 tax year and encompasses the Villages at Willow Creek development off Dougherty Road and north of Amador Valley Boulevard. The surrounding homes are apartment complexes, condominiums, and the 145-unit single family development (Ridgecreek). The work performed by this District includes litter pickup, maintenance of sound walls, and landscaping along Dougherty Road between Amador Valley Boulevard and Fall Creek Road, along Amador Valley Boulevard between Dougherty Road and Wildwood Road, and along Wildwood Road, Fall Creek Road, Shady Creek Drive, and Willow Creek Drive. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owners for those individual developments. The landscaping along and within the Alamo Creek channel area is not included in the assessment district as it is the responsibility of the Alameda County Flood Control and Water Conservation District (Zone 7). The Fiscal Year 2021-22 assessments are expected to pay for the ongoing maintenance and utility costs associated with the District. Details related to the budgeted expenditures can be found within the Fiscal Year 2021-22 Preliminary Engineer’s Report. The assessment methodology approved in 2001 by property owners in the District includes an 571 Page 5 of 7 escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2021-22 is $291.32 per single family residence, $145.66 per multi-family residence, and $1,165.26 for commercial property. The proposed assessment amount for Fiscal Year 2021-22 was increased 20% over the Fiscal Year 2020-21 amount in order to increase the District capital improvement fund (CIF) balance, which will be used to fund repair and replacement of tubular steel fencing within the District. The proposed assessment amount for Fiscal Year 2021-22 is shown below. Villages at Willow Creek Assessments (District 1986-1) Property Type Current Fiscal Year Proposed Fiscal Year 2021-22 Annual Change ($) Single Family Homes $204.59 $245.51 $40.92 Amador Lakes - Apt / Condominiums $102.30 $122.76 $20.46 Commercial $818.38 $982.04 $163.66 Landscaping and Lighting District 1997-1 (Santa Rita Area) This District was formed in 1996 at the request of the Alameda County Surplus Property Authority. The initial assessment was levied in Fiscal Year 1997-1998. The area covered by this District is bound by Gleason Drive on the North, Interstate 580 on the South, Arnold Road on the West, and Tassajara Road on the east. The District maintains portions of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, Arnold Road, Tassajara Road (westerly portion), and Gleason Drive. The District also maintains the trail and landscaping along the Tassajara Creek channel. Median landscape maintenance is not included in this District. As provided in the Engineer’s Report, individual lots in residential subdivisions are assessed based on density. The original Engineer’s Report for this District provided for an initial maximum assessment of $710.00 per acre, which could be increased annually based on the change in the Consumer Price Index as well as actual increases in the cost of utilities. This maximum allowable assessment is updated in the Engineer’s Report on an annual basis. The maximum assessment per acre in the Engineer’s Report for Fiscal Year 2021-22 is $1,530.93 per acre. Although the assessment district formula establishes a maximum cost that can be levied, based on planned expenditures in the District the proposed assessment amount for Fiscal Year 2021-22 remains the same as Fiscal Year 2020-21, as shown below. The density of the various housing units changes the allocation on a per-acre basis and results in different assessments as shown below: 572 Page 6 of 7 Santa Rita Area Assessments (District 1997-1) Property Type Current Fiscal Year Proposed Fiscal Year 2021-22 Annual Change ($) California Creekside single-family $128.52 per lot $128.52 per lot $0 California Brookside multi-family $55.69 per lot $55.69 per lot $0 Summer Glen - Richmond American (north) Single Family $112.54 per lot $112.54 per lot $0 Summer Glen - Richmond American (south)$123.85 per lot $123.85 per lot $0 Summer Glen - Kaufman & Broad $172.36 per lot $172.36 per lot $0 Summer Glen - Pulte $216.24 per lot $216.24 per lot $0 Dublin Greene Tract 7084 single- family $136.13 per lot $136.13 per lot $0 Dublin Greene Tract 7149 multi-family $102.50 per unit $102.50 per unit $0 Dublin Greene Tract 7149 condominium/apartment $53.43 per unit $53.43 per unit $0 Commercial (including retail, office, and industrial uses, as well as apartment properties) $903.85 per acre $903.85 per acre $0 Street Lighting Maintenance District 1999-1 (Dublin Ranch) This District funds the electric energy, maintenance, and repair costs associated with street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, and 8074. The City Council approved formation of this District on June 1, 1999, with the initial assessment in the 1999-2000 tax year. The District also includes a CIF reserve set aside to pay for improvement projects outside the normal operations and maintenance costs, such as painting a portion of the decorative streetlight poles within the District. In addition to pole painting, it is planned that in future years the CIF will be used to complete a project to convert the existing decorative lights to more energy-efficient LED lights. The assessment methodology in the original Engineer’s Report for this District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and utility cost increases. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2021-22 adjusted by the approved adjustment formula is $62.51 per single family residence and $343.81 per acre for commercial parcels. The City can levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures. 573 Page 7 of 7 The proposed assessment amount for Fiscal Year 2021-22 remains the same as Fiscal Year 2020- 21, as shown below. Dublin Ranch Street Lighting Assessments (District 1999-1) Property Type Current Fiscal Year Proposed Fiscal Year 2021-22 Annual Change ($) Equivalent Dwelling Unit (EDU)$38.03 $38.03 $0 Commercial Per Acre $209.15 per acre $209.15 per acre $0 Upon City Council adoption of the resolution approving the respective preliminary Engineer’s Reports, a public hearing will be held on June 1, 2021 at 7:00 p.m. on the proposed assessments. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Directing Preparation of Annual Engineer's Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986- 1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1 2) Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997- 1, and Street Lighting Maintenance District 1999-1 3) Preliminary Engineer's Report for Street Lighting Maintenance District 1983-1 4) Preliminary Engineer's Report for Landscaping and Lighting District 1983-2 5) Preliminary Engineer's Report for Landscaping and Lighting District 1986-1 6) Preliminary Engineer's Report for Landscaping and Lighting District 1997-1 7) Preliminary Engineer's Report for Street Lighting Maintenance District 1999-1 574 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORTS FOR STREET LIGHTING MAINTENACE DISTRICT 1983-1, LANDSCAPE AND LIGHTING DISTRICT 1983- 2, LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE DISTRICT 1999-1 WHEREAS,on August 2, 1983, by its Resolution No. 38-83, the City Council ordered the formation of and levied the first assessment within the City of Dublin Street Lighting Maintenance Assessment District (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and WHEREAS,on January 23, 1984, by its Resolution No. 11-84, the City Council initiated proceedings, and by Resolution No. 10-84, ordered the formation of City of Dublin Landscaping and Lighting Maintenance Assessment District No. 83-2 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and WHEREAS,on November 10, 1986, by its Resolution No. 128-86, the City Council initiated proceedings, and by Resolution No. 129-86, ordered the formation of City of Dublin Landscaping and Lighting Maintenance Assessment District No. 86-1 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and WHEREAS,on July 23, 1996, by its Resolution No. 94-96, the City Council initiated proceedings, and by Resolution No. 115-96, ordered the formation of City of Dublin Landscaping and Lighting Maintenance Assessment District No. 97-1 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and WHEREAS,on March 16, 1999, by its Resolution No. 37-99, the City Council initiated proceedings, and by Resolution No. 153-99, ordered the formation of City of Dublin Street Lighting Maintenance Assessment District No. 99-1 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and WHEREAS,Section 22620 et seq of the Act provides for the levy of annual assessments after formation of the Districts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said Engineer is hereby directed to apportion said assessments in accordance to the benefits received from said improvements by the lots,pieces and parcels of land within the District,and said Engineer is hereby directed to accomplish such preparation and filing forthwith. 575 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 576 Attachment 2 RESOLUTION NO. XX-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PRELIMINARY ENGINEER'S REPORTS AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS FOR STREET LIGHTING MAINTENACE DISTRICT 1983-1, LANDSCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE DISTRICT 1999-1 WHEREAS,by its Resolution, directing preparation of annual reports for City of Dublin Street Lighting Maintenance Districts and Landscape and Lighting Districts (the "Districts"), the City Council designated the City Engineer, or their designee, as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972 (the “Act”); and WHEREAS,said Engineer of Work has made and filed with the City Clerk preliminary reports in writing as called for in said Resolution and under and pursuant to said Act, which reports have been presented to this Council for consideration; and WHEREAS,the City Council has duly considered said reports and finds that each and every part of said reports is sufficient and that said reports neither require nor should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED, DETERMINED,AND ORDERED, PURSUANT TO CHAPTER 3 OF THE ACT, AS FOLLOWS: Section 1: That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of the incidental expenses in connection therewith, as contained in said reports be, and each of them are hereby preliminarily approved and confirmed by the City Council. Section 2: That the diagrams showing the assessment districts, description of the improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said Districts, as contained in said reports be, and it is hereby preliminarily approved and confirmed by the City Council. Section 3: That the assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said Districts in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses incidental thereto, as contained in said reports be, and they are hereby preliminarily approved and confirmed by the City Council. Section 4: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public’s best interest requires such levy and collection. 577 Section 5: The boundaries of the Districts are described as the boundaries previously defined in the formation documents of the original Districts, within the boundaries of the City of Dublin, within the County of Alameda, State of California. Section 6: The improvements within the Districts may include, operation, maintenance, acquisition and servicing of street lighting, landscaping, and appurtenant facilities within the boundaries of the Districts. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a satisfactory operating condition. Section 7: For Fiscal Year 2021-2022, the proposed assessments are outlined in the Engineer’s Reports which details any changes or increases in the annual assessment. Section 8: The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the Districts in accordance with Chapter 3, Section 22626 of the Act. Section 9: The City Clerk is hereby directed to give notice of said hearing to all property owners in the Districts by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 10: Notice is hereby given that a Public Hearing on Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986- 1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1, and these matters will be held by the City Council on Tuesday, June 1, 2021, at 7:00 p.m.or as soon thereafter as feasible in the City Council Chamber, located at 100 Civic Plaza, Dublin, and remotely via Zoom Communications. Section 11 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED AND ADOPTED this 18th day of May, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 578 ______________________________ Mayor ATTEST: _________________________________ City Clerk 579 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2021-22 Preliminary Engineer’s Report May 18, 2021 City of Dublin Street Lighting Maintenance District No. 1983-1 Attachment 3 580 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 ........................................................................... 18 581 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 CERTIFICATE ii Francisco & Associates, Inc. ENGINEER'S REPORT CITY OF DUBLIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1 FISCAL YEAR 2021-22 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 10, 2021 By: Eduardo Espinoza, P.E. RCE # 83709 582 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 583 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 2021-22 and 2022-23, which is also reflected in the projected fund balances. However, should expenditures continue to rise to a level that exceeds the annual assessment revenue, a transfer from the Operating Fund Balance will be required in that fiscal year. Should annual transfers be required to cover annual expenditures, the fund balance will be drawn upon and depleted in future years. Should this circumstance occur, this may require a significant reduction in service levels in future years so that expenditures match assessment revenues or the City will need to contribute to the District from other available funds or increase the current assessment rate by receiving approval by property owners within the District. Property Type Assessment Rate Single Family Residential (SFR)$19.34 per Parcel Condominium $19.34 per Parcel Duplex, Multi-Family Residential $38.68 per Parcel Triplex, Multi-Family Residential $58.02 per Parcel Fourplex, Multi-Family Residential $77.36 per Parcel Apartments, Multi -Family Residential $116.04 per Parcel Commercial/Industrial/Institutional $106.37 per Acre Vacant Commercial/Industrial/Institutional $53.18 per Acre Rural $9.67 per Parcel Exempt, Cemeteries, Common Open Space $0 per Parcel TABLE 1: ASSESSMENTS TO BE LEVIED Street Lighting Maintenance District No. 1983-1 584 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 2021-22 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 18, 2021, 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 2021-22, 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. 585 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 586 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 587 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 588 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 589 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 590 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 2021-22 and 2022-23. 591 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 ESTIMATE OF COSTS 10 Francisco & Associates, Inc. FY 2021-22 Cost Estimate Projected FY 2022-23 Cost Estimate DISTRICT REVENUES Total District Revenues1 323,413$ 323,413$ DISTRICT COSTS Operating Supplies 10,000$ 10,000$ Contract with Alameda County 70,000$ 72,310$ California Street Light Association 900$ 900$ Utilities - Electricity 186,780$ 194,625$ Improvements (Not Building)-$ -$ Miscellaneous -$ -$ Legal Notices 550$ 575$ District Administration 6,050$ 6,655$ Public Works Administration -$ -$ County per Assessment Collection Fee 5,850$ 6,000$ Total District Costs 280,130$ 291,065$ MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer)-$ 5,467$ Capital Improvement Fund Collection/(Transfer)43,283$ 26,881$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 43,283$ 32,348$ Balance to Levy 315,333$ 315,333$ Variance Between Estimated Assessment Revenues and Balance to Levy -$ -$ Total Assessment Revenue at Maximum Rate 315,333$ 315,333$ Variance above/(below) Maximum Assessment Revenue -$ -$ FUND BALANCE INFORMATION Beginning Operating Reserve Fund Balance (est. 7/1/2021 and 7/1/2022)140,065$ 140,065$ Reserve Fund Adjustments -$ 5,467$ Transfer From/(To) Capital Improvement Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending Operating Reserve Fund Balance (est. 6/30/2022 and 6/30/23)140,065$ 145,532$ Beginning CIF Balance (est. 7/1/21 and 7/1/22)384,458$ 427,741$ CIF Adjustment 43,283$ 26,881$ Transfer From/(To) Reserve Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending CIF Balance (est. 6/30/22 and 6/30/23)427,741$ 454,622$ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc. Table 2: City of Dublin Street Lighting Maintenance District No. 1983-1 592 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 593 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 594 City of DublinLandscape and Lighting District No. 1983-1Assessment Diagram Prepared by Fra nc isco & Associa tes, 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 RdTassajaraRd595 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 596 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 acts and damage to improvements or property. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. All the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels; 3) Certain public utility parcels; 4) Privately owned open space parcels; and 5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcels, of which these "sliver" parcels are a part, are assessed at the residential rate. 597 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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/Industrial/Institutional 2.75 per Acre Rural 0.50 per Parcel Exempt, Cemeteries, Common Open Space 0.00 per Parcel TABLE 3: ASSESSMENT METHODOLOGY Street Lighting Maintenance District No. 1983-1 598 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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. 599 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2021-22 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 2021-22. 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. 600 City of Dublin Landscape and Lighting District No. 1983-2 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2021-22 Preliminary Engineer’s Report May 18, 2021 Attachment 4 601 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 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 .................................................. 11 Part D – Method of Apportionment of Assessments ......................... 13 Part E - Assessment Roll ........................................................................... 17 602 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 CERTIFICATE ii Francisco & Associates, Inc. ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1983-2 FISCAL YEAR 2021-22 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 10, 2021 By: Eduardo Espinoza, P.E. RCE # 83709 603 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 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 Landscape and Lighting Assessment District No. 1983-2 (“District”) to maintain the landscaping and irrigation improvements within the District. The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed. General Description of the District The District was initially formed in 1983 to provide a dedicated source of funding for the on-going maintenance of street landscaping within Tract 4719. The District originally included the maintenance of Stagecoach Park and the landscaping along Stagecoach Road north of the City Limit; however, those improvements are no longer funded by the District. Currently, the District includes only the roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development. The maintenance cost of Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments were exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted: “Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.” The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscaping within the public street rights-of-way or public easements. However, in 2003/2004, the City conducted a public hearing that included a mailed ballot to all the 604 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 INTRODUCTION 2 Francisco & Associates, Inc. property owners in this District proposing an increased assessment to maintain and replace certain landscaping improvements. In accordance with the requirements of Proposition 218, the property owners approved a 10% increase in assessment rates and the addition of an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. Any future increase in the assessment rate more than the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID. Summary of District A summary of the assessments to be levied in Fiscal Year 2021-22 for each property type is shown in the table below. Property Type Assessment Rate Single Family Residential (SFR)$409.40 per Parcel Multi Family Residential (MFR)$69.25 per Parcel/Unit Exempt, Cemeteries, Common Open Space $0.00 per Parcel TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS Landscape & Lighting District No. 1983-2 605 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 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 LANDSCAPE AND LIGHTING DISTRICT NO. 1983-2 FISCAL YEAR 2021-22 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 18, 2021, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1983-2 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2021-22, 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. 606 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 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. 607 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 PLANS AND SPECIFICATIONS 5 Francisco & Associates, Inc. PART A PLANS AND SPECIFICATIONS The District provides for the continued maintenance and servicing of the landscaping and irrigation improvements within the public right-of-way and public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. In addition, the District also provides for the maintenance of the slopes, including landscaping and irrigation, within the public right-of-way for the slope areas along the rear of Lots 80 through 86, and 37 through 48 within Tract 4719. As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following: 1) The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. 2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements; g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 4) Incidental expenses associated with the improvements including, but not limited to: a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting, and mailing of notices; c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; 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. 608 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 PLANS AND SPECIFICATIONS 6 Francisco & Associates, Inc. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 609 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 ESTIMATE OF COSTS 7 Francisco & Associates, Inc. PART B ESTIMATE OF COSTS All landscape and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years. The following describes the general services and costs shown in the cost estimate. District Costs Maintenance Landscape – The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity – The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above. Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District. District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District. 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 levy amount. 610 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 ESTIMATE OF COSTS 8 Francisco & Associates, Inc. Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the cost estimate. Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll. The following page shows the cost estimates for Fiscal Year 2021-22 and 2022-23. 611 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 ESTIMATE OF COSTS 9 Francisco & Associates, Inc. FY 2021-22 Cost Estimate Projected FY 2022-23 Cost Estimate DISTRICT REVENUES Total District Revenues1 105,488$ 107,482$ DISTRICT COSTS Maintenance - Landscape (MCE)44,167$ 44,167$ Utilities - Water 26,960$ 28,038$ Utilities - Electricity 1,560$ 1,622$ Miscellaneous Expenses -$ -$ Legal Notices 550$ 575$ District Administration 3,100$ 3,410$ Public Works Administration -$ -$ County per Assessment Collection Fee 1,800$ 1,800$ Total District Costs 78,137$ 79,613$ MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer)-$ 738$ Capital Improvement Fund (CIF) Collection/(Transfer)27,351$ 27,131$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 27,351$ 27,869$ Balance to Levy 99,700$ 101,694$ Variance Between Estimated Assessment Revenues and Balance to Levy (0)$ 0$ Total Assessment Revenue at Maximum Rate2 115,557$ 117,868$ Variance above/(below) Maximum Assessment Revenue (15,856)$ (16,174)$ FUND BALANCE INFORMATION Beginning Operating Reserve Fund Balance (est. 7/1/21 and 7/1/22)39,069$ 39,069$ Reserve Fund Adjustments -$ 738$ Transfer From/(To) Capital Improvement Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending Operating Reserve Fund Balance (est. 6/30/22 and 6/30/23)39,069$ 39,807$ Beginning CIF Balance (est. 7/1/21 and 7/1/22)256,395$ 283,746$ CIF Adjustment 27,351$ 27,131$ Transfer From/(To) Reserve Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending CIF Balance (est. 6/30/22 and 6/30/23)283,746$ 310,877$ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc. 2The Maximum Assessment Revenue for Fiscal Year (FY) 2022/23 was estimated to be equal to the FY 2021/22 Maximum Assessment Revenues and escalated by 2%. Table 2: City of Dublin Landscape & Lighting District No. 1983-2 612 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 ESTIMATE OF COSTS 10 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. General Improvements: The City has identified the need for minor retaining wall repairs, additional irrigation and planting, as well as repairs to V-ditches, which fall outside the scope of the regular maintenance budget for the District. Repairs will be addressed based upon need and available fund balance in the upcoming two-year cycle. 613 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 ASSESSMENT DIAGRAM 11 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. 614 City of DublinLandscape and Lighting District No. 1983-2Assessment Diagram Prepared by Francisco & Associates, Inc.St agecoach RdQ u artz Cir T urq u ois e St Coral WyTopaz CirJa d e Cir Amador Valley BlvdVillage PkwyIro n H orse R e gio n al Trail Legend LLAD 1983-2 BoundaryCity Limit Parcel Lines Parcels within LLAD 1983-2 0 700 1,400350 Feet N:\Dublin\FY18-19\Diagrams\LLAD1983-2_Assessment Diagram (SA 01/24/2018)615 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 METHOD OF APPORTIONMENT 13 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, rights-of-way and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the 616 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 METHOD OF APPORTIONMENT 14 Francisco & Associates, Inc. improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping near those properties. The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas. 7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1) Publicly owned parcels that are reserved as public open space or are developed as City Parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels; 3) Certain public utility parcels; 4) Privately owned open space parcels; and 5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate. 617 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 METHOD OF APPORTIONMENT 15 Francisco & Associates, Inc. Assessment Methodology The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated as follows: • Sixty-one and six tenths percent (61.6%) spread equally to the 150 single family homes of Dublin Estates; and • Thirty-eight and four tenths percent (38.4%) spread equally among the 553 apartments/condos of Amador Lakes Complex. Maximum Assessment Rate It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. In Fiscal Year 2003-04, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”). In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases. The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2021-22. The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2021-22 was determined based on the difference using the annual amount for calendar years 2020 and 2019. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining 618 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 METHOD OF APPORTIONMENT 16 Francisco & Associates, Inc. fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2021-22. If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. CPI for 2019 Calendar Year1 288.192 CPI for 2020 Calendar Year1 292.601 % Change in CPI - Increase 1.53% FY 2020/21 Maximum Rate per SFR - CPI Rate $317.67 FY 2020/21 Maximum Rate per MFR - CPI Rate $53.72 FY 2021/22 Maximum Rate per SFR - CPI Rate $322.53 FY 2021/22 Maximum Rate per MFR - CPI Rate $54.54 Prior Year Maximum Utility Budget2 $37,020 Utility Budget for FY 2021/22 $28,520 % Change in Utilities Rate - Increase3 0.000% FY 2020/21 Maximum Rate per SFR - Utility Rate $152.03 FY 2020/21 Maximum Rate per MFR - Utility Rate $25.71 FY 2021/22 Maximum Rate per SFR - Utility Rate $152.03 FY 2021/22 Maximum Rate per MFR - Utility Rate $25.71 FY 2020/21 Maximum Assessment Rate per SFR $469.70 FY 2020/21 Maximum Assessment Rate per MFR $79.42 FY 2021/22 Maximum Assessment Rate per SFR4 $474.56 FY 2021/22 Maximum Assessment Rate per MFR4 $80.24 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2020/21 Budget Amount for Utilities was the previous highest amount budgeted for utility costs. 3 Equals the % difference between the FY 2020/21 and FY 2021/22 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized. 4 Equals the FY 2021/22 Maximum CPI Rate + Maximum Utility Rate. TABLE 3: MAXIMUM ASSESSMENT RATE Landscape & Lighting District No. 1983-2 619 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2021-22 ASSESSMENT ROLL 17 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 2021-22. 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. 620 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2021-22 Preliminary Engineer’s Report May 18, 2021 City of Dublin Landscape and Lighting District No. 1986-1 Attachment 5 621 Table of Contents Page No. Certificate .................................................................................................................... ii Section I - Introduction ............................................................................................. 1 Section II – Engineer’s Report ................................................................................ 3 Part A – Plans and Specifications ............................................................. 5 Part B – Estimate of Costs ......................................................................... 6 Part C – Assessment District Diagram .................................................. 10 Part D – Method of Apportionment of Assessments ......................... 12 Part E - Assessment Roll ........................................................................... 17 622 ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT NO. 1986-1 FISCAL YEAR 2021-22 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 10, 2021 By: Eduardo Espinoza, P.E. RCE # 83709 623 SECTION I INTRODUCTION The City of Dublin (“City”) levies and collects special assessments on parcels within Landscaping and Lighting District No. 1986-1 (“District”) to maintain the improvements within the Villages in the Willow Creek area. The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed. General Description of the District The District was initially formed in 1986 to provide a dedicated source of funding for the ongoing maintenance of landscaping, including fencing and sound walls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single-family home development. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association(s) or property owner(s) for those individual developments. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. In Fiscal Year 2001-02, the assessments in the District were increased by 54% with the approval of property owners in compliance with the requirements of Proposition 218. The increase in the assessment rate was required as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. The property owners also approved an escalation clause for future years that allows the assessment to increase according to the annual percentage change of the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner. 624 Summary of District A summary of the assessments to be levied in Fiscal Year 2021-22 for each property type is shown in the table below. Property Type EDU Factor Single Family Residential (SFR)1.00 per Parcel $245.51 per Parcel Multi Family Residential (MFR)0.50 per Unit $122.76 per Parcel Commercial 4.00 per Parcel $982.04 per Parcel Exempt, Cemeteries, Common Open Space 0.00 per Parcel $0.00 per Parcel Assessment Rate TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS Landscape & Lighting District No. 1986-1 625 SECTION II ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT NO. 1986-1 FISCAL YEAR 2021-22 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 18, 2021, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1986-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2021-22, 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. 626 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. 627 PART A PLANS AND SPECIFICATIONS The District provides for the continued maintenance and servicing of landscaping, including fencing and sound-walls within the public right-of-ways and within public easements within private streets, which provide special benefit to parcels and properties within the District. The specific improvements maintained by the District include: a. The median and roadside landscaping along the north side of Willow Creek Drive. b. Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37, 38, and south of Lot 145, all within Tract 5511. c. Roadside landscaping, wall, fence, and pathway improvements along the west side of Dougherty Road, between Amador Valley Boulevard and the northerly City limit, and along the north side of Amador Valley Boulevard, between Dougherty Road and Wildwood Road. d. Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road. e. Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to Lot 150. f. Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road. g. Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 628 PART B ESTIMATE OF COSTS All landscaping and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years. The following describes the general services and costs shown in the cost estimate. District Costs Maintenance Landscape – The cost of maintenance and repair of the landscaping and open space areas within the District. Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems within the District. Utilities Electricity – The cost of electricity for maintenance of landscape and powering of irrigation systems within the District. Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above. Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District. District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District. County 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 levy amount. 629 Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Cost Estimate. Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within District are levied and collected on the tax roll. The following page shows the cost estimates for Fiscal Year 2021-22 and 2022-23 630 FY 2021-22 Cost Estimate Projected FY 2022-23 Cost Estimate DISTRICT REVENUES Total District Revenues1 169,246$ 205,236$ DISTRICT COSTS Maintenance - Landscape (MCE Base Amount)57,158$ 58,873$ Maintenance - Landscape (MCA Additional)-$ -$ Utilities - Water 69,660$ 72,446$ Utilities - Electricity 2,244$ 2,542$ Miscellaneous Expenses -$ -$ Legal Notices 550$ 575$ District Administration 3,100$ 3,410$ Public Works Administration -$ -$ County per Assessment Collection Fee 2,800$ 2,850$ Total District Costs 135,512$ 140,696$ MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer)-$ 2,592$ Capital Improvement Fund (CIF) Collection/(Transfer)33,734$ 61,948$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 33,734$ 64,540$ Balance to Levy 159,952$ 195,942$ Variance Between Estimated Assessment Revenues and Balance to Levy -$ -$ Total Assessment Revenue at Maximum Rate2 189,795$ 195,942$ Variance above/(below) Maximum Assessment Revenue (29,843)$ 0$ FUND BALANCE INFORMATION Beginning Operating Reserve Fund Balance (est. 7/1/21 and 7/1/22)67,756$ 67,756$ Reserve Fund Adjustments -$ 2,592$ Transfer From/(To) Capital Improvement Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending Operating Reserve Fund Balance (est. 6/30/22 and 6/30/23)67,756$ 70,348$ Beginning CIF Balance (est. 7/1/21 and 7/1/22)3 391,240$ 424,974$ CIF Adjustment 33,734$ 61,948$ Transfer From/(To) Reserve Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending CIF Balance (est. 6/30/22 and 6/30/23)3 424,974$ 486,922$ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc. 2The Maximum Assessment Revenue for Fiscal Year (FY) 2022/23 was estimated to be equal to the FY 2021/22 Maximum Assessment Revenues and escalated by approximately 3.2%. 3The City is planning to utilize the CIF Balance to contribute towards the cost for future fencing projects throughout the District. Table 2: City of Dublin Landscape & Lighting District No. 1986-1 631 Capital Improvement Projects In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements. Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal year and thereafter. General Improvements: The City has identified the need for major fence removal and repairs, additional plantings, as well as sidewalk repairs, which fall outside of the regular maintenance budget for this District. Repairs will be addressed based upon need and available fund balance in the upcoming two-year cycle. 632 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. 633 City of DublinLandscape and Lighting District No. 1986-1Assessment Diagram Prepared by Francisco & Associates, Inc. Willow Dreek Dr DOugherty RdAmador Valley BlvdFall Creek Rd 0 650 1,300325 Feet N:\Dublin\FY18-19\Diagrams\LLAD1986-1_Assessment Diagram (SA 04/17/2018) Legend LLAD 1986-1 BoundaryCity Limit Parcel Lines Parcels within LLAD 1986-1 634 PART D METHOD OF APPORTIONMENT OF ASSESSMENTS General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4: “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.” Benefit Analysis Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established. General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District, and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and 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. 635 Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties is enhanced by the presence of well-maintained landscaping near those properties. The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas. 7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels; 3) Certain public utility parcels; 4) Privately owned open space parcels; and 5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. 636 Assessment Methodology The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated on the basis of a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 EDU. EDU’s are assigned to the other land uses based upon the property’s development status, and type of development (County of Alameda land use code) as shown in the table below. Single-Family Residential (SFR) — (County land use 1x) This land use identifies properties that are developed for single-family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against using EDUs. Multi-Family Residential — This land use identifies properties that are developed for multi-family use and are assigned a factor of 0.50 EDU per unit. Commercial — This land use identifies properties that are classified for commercial use and are assigned a factor of 4.00 EDU per parcel/lot. Common Open Space, Cemeteries & Other Exempt Property — This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. The following formulas are used to calculate each property’s assessment: T otal Balan ce to Levy / T o tal ED Us = Le vy per ED U (Rate) Parcel ED U x Levy per ED U = Parcel Levy Amount Property Type EDU Factor Single Family Residential (SFR)1.00 per Parcel Multi Family Residential (MFR)0.50 per Unit Commercial 4.00 per Parcel Exempt, Cemeteries, Common Open Space 0.00 per Parcel TABLE 3: ASSESSMENT METHODOLOGY Landscape & Lighting District No. 1986-1 637 Maximum Assessment Rate It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. In Fiscal Year 2001-02, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”). In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases. The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2021-22. The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2021-22 was determined based on the difference using the annual amount for calendar years 2020 and 2019. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2021-22. 638 If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. CPI for 2019 Calendar Year1 288.192 CPI for 2020 Calendar Year1 292.601 % Change in CPI - Increase 1.53% FY 2020/21 Maximum Rate per EDU - CPI Rate $161.14 FY 2021/22 Maximum Rate per EDU - CPI Rate $163.61 Prior Year Maximum Utility Budget2 $83,200 Utility Budget for FY 2021/22 $72,104 % Change in Utility Rate - Increase3 0.000% FY 2020/21 Maximum Rate per EDU - Utility Rate $127.71 FY 2021/22 Maximum Rate per EDU - Utility Rate $127.71 FY 2020/21 Maximum Assessment Rate per EDU $288.85 FY 2021/22 Maximum Assessment Rate per EDU 4 $291.32 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2017/18 Budget Amount for Utilities was the previous highest amount budgeted for utilities costs. 3 Equals the % difference between the FY 2020/21 and FY 2021/22 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized. 4 Equals the FY 2021/22 Maximum CPI Rate + Maximum Utility Rate. TABLE 3: MAXIMUM ASSESSMENT RATE Landscape & Lighting District No. 1986-1 639 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 2021-22. 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. 640 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2021-22 Preliminary Engineer’s Report May 18, 2021 City of Dublin Landscape and Lighting District No. 1997-1 Attachment 6 641 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 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 Costs ......................................................................... 7 Part C – Assessment District Diagram .................................................. 11 Part D – Method of Apportionment of Assessments ......................... 13 Part E - Assessment Roll ........................................................................... 18 642 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 CERTIFICATE ii Francisco & Associates, Inc. ENGINEER'S REPORT CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT NO. 1997-1 FISCAL YEAR 2021-22 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 10, 2021 By: Eduardo Espinoza, P.E. RCE # 83709 643 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 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 Landscape and Lighting District No. 1997-1 (“District”) to maintain the landscaping and irrigation improvements within the Santa Rita area. The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed. General Description of the District The District was formed to fund street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 422 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included within this report. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. In accordance with the requirements of Proposition 218, the property owners approved a formula for increasing assessments in succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID. 644 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 INTRODUCTION 2 Francisco & Associates, Inc. Summary of District A summary of the assessments to be levied in Fiscal Year 2021-22 for each property type is shown in the table below. Development/Property Type Assessment Rate California Creekside Single-Family Residential (SFR)$128.52 per Parcel California Brookside Multi-Family Residential (MFR)$55.69 per Unit Summer Glen - Richmond American (North) Lots $112.54 per Parcel Summer Glen - Richmond American (South) Lots $123.85 per Parcel Summer Glen - Kaufman & Broad Lots $172.36 per Parcel Summer Glen - Pulte Lots $216.24 per Parcel Dublin Greene Tract 7084 Single Family Residential $136.13 per Parcel Dublin Greene Tract 7149 Single Family Residential $102.50 per Parcel Dublin Greene Tract 7149 Condominiums $53.43 per Unit Other Parcels Including Retail, Office, and Industrial1 $903.85 per Acre 1 Other Parcels includes all other land uses including commercial, retail, office, industrial, and all other parcels that do not fall into one of the developments/property types referenced above. TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS Landscape & Lighting District No. 1997-1 645 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 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 LANDSCAPE AND LIGHTING DISTRICT NO. 1997-1 FISCAL YEAR 2021-22 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 18, 2021, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1997-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II (Engineer’s Report), which consists of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2021-22, 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. 646 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 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 to be apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference. 647 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 PLANS AND SPECIFICATIONS 5 Francisco & Associates, Inc. PART A PLANS AND SPECIFICATIONS The District provides for the continued maintenance and servicing of the landscaping and open space areas within the following areas: 1. Portions of the northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road. 2. The northerly and southerly street frontages for Central Parkway from Hacienda Drive to Tassajara Road, excluding the elementary school and Emerald Glen Park frontage landscaping. 3. The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Creek. 4. The easterly street frontage for Arnold Road, from Central Parkway to Gleason Drive. 5. The easterly street frontage for Hacienda Drive from Summer Glen Drive to Gleason Drive, and westerly street frontage for Hacienda Drive from Central Parkway to Gleason Drive. 6. Tassajara Creek and trail, from I-580 to the northerly property boundary of the Alameda County Surplus Property Authority property (APN 986-1-1¬10). 7. Street median landscaping is not part of this District. As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following: 1. The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. 2. The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities. 3. The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements; g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 4. Incidental expenses associated with the improvements including, but not limited to: a. The cost of preparation of the report, including plans, specifications, estimates, 648 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 PLANS AND SPECIFICATIONS 6 Francisco & Associates, Inc. diagram, and assessment; b. The costs of printing, advertising, and the publishing, posting, and mailing of notices; c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f. Costs associated with any elections held for the approval of a new or increased assessment. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 649 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 ESTIMATE OF COSTS 7 Francisco & Associates, Inc. PART B ESTIMATE OF COSTS All landscaping and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years. The following describes the general services and costs shown in the cost estimate. District Costs Maintenance Landscape – The cost of maintenance and repair of landscaping and open space areas. Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems. Utilities Electricity – The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District. Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above. Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District. District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District. County 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 levy amount. 650 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 ESTIMATE OF COSTS 8 Francisco & Associates, Inc. Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for capital improvements are clearly identified under the Fund Balance Information section of the Cost estimate. Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll. The following page shows the cost estimates for Fiscal Year 2021-22 and 2022-23. 651 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 ESTIMATE OF COSTS 9 Francisco & Associates, Inc. FY 2021-22 Cost Estimate Projected FY 2022-23 Cost Estimate DISTRICT REVENUES Total District Revenues1 396,710$ 404,324$ DISTRICT COSTS Maintenance - Landscape (MCE Base Amount)228,690$ 235,551$ Maintenance - Landscape (MCE Additional)-$ -$ Utilities - Water 110,400$ 114,816$ Utilities - Electricity 624$ 857$ Miscellaneous Expenses 13,000$ 13,000$ Legal Notices 550$ 575$ District Administration 3,100$ 3,410$ Public Works Administration -$ -$ County per Assessment Collection Fee 6,800$ 7,000$ Total District Costs 363,164$ 375,209$ MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer)-$ 6,022$ Capital Improvement Fund (CIF) Collection/(Transfer)33,546$ 23,092$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 33,546$ 29,114$ Balance to Levy 380,680$ 388,293$ Variance Between Estimated Assessment Revenues and Balance to Levy (0)$ 0$ Total Assessment Revenue at Maximum Rate2 644,796$ 657,692$ Variance above/(below) Maximum Assessment Revenue (264,116)$ (269,399)$ FUND BALANCE INFORMATION Beginning Operating Reserve Fund Balance (est. 7/1/21 and 7/1/22)181,582$ 181,582$ Reserve Fund Adjustment -$ 6,022$ Transfer From/(To) Capital Improvement Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending Operating Reserve Fund Balance (est. 6/30/22 and 6/30/23)181,582$ 187,604$ Beginning CIF Balance (est. 7/1/21 and 7/1/22)859,545$ 893,091$ CIF Adjustment 33,546$ 23,092$ Transfer From/(To) Reserve Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending CIF Balance (est. 6/30/22 and 6/30/23)893,091$ 916,183$ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc. 2The Maximum Assessment Revenue for Fiscal Year (FY) 2022/23 was estimated to be equal to the FY 2021/22 Maximum Assessment Revenues and escalated by 2%. Table 2: City of Dublin Landscape & Lighting District No. 1997-1 652 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 ESTIMATE OF COSTS 10 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 year and thereafter. General Improvements: The City has identified the need for minor sound wall repairs, as well as pavement/trail repairs at Tassajara Creek, which are outside of the scope of the regular maintenance budget for this District. Repairs will be addressed based upon the need and available fund balance in the upcoming two-year cycle. 653 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 ASSESSMENT DIAGRAM 11 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. 654 City of DublinLandscape and Lighting District No. 1997-1Assessment Diagram Prepared by Francisco & Associates, Inc. N:\Dublin\FY18-19\Diagrams\LLAD1997-1_Assessment Diagram (SA 04/17/2018) Legend LLAD 1997-1 BoundaryCity Limit Parcel Lines Parcels within LLAD 1997-1 Dublin Blvd Central Pkwy Hacienda DrTassajara RdArnold RdGleason Dr 600 0 600 1,200300Feet 655 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 METHOD OF APPORTIONMENT 13 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, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and 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. 656 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 METHOD OF APPORTIONMENT 14 Francisco & Associates, Inc. Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping in close proximity to those properties. The special benefits associated with landscape improvements are specifically: 1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties. 3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. 4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention. 5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas. 7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti. 8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 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. 657 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 METHOD OF APPORTIONMENT 15 Francisco & Associates, Inc. Assessment Methodology The initial Engineer’s Report provided for a maximum assessment of $710 per developed acre, based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property anticipated at the time of formation for build-out of all property within the District. The cost of the improvements was divided equally among the total number of developed properties within the boundaries of the District on a per acre basis. “Developed acres” shall include property having a recorded final map or parcel map as of July 1st of each year. The following formulas are used to calculate each property’s assessment: 1. Cost of maintenance of installed improvements (“M”). 2. Total amount of developed acres (“A”). 3. The annual assessment for the developed acres for that year (“M”) shall be spread on a per-acre basis (“M” ÷ “A”) based on the following: a. Commercial, retail, office, industrial, and all other parcel classifications not referenced herein’ developed area, per acre basis. b. Single-family residential area, per acre basis. c. Multi-family residential area, per acre basis. 4. The single-family and multi-family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each development. 5. If the initial assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount. 6. The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the San Francisco-Oakland-San Jose Area Consumer Price Index for “All Urban Consumers and Clerical Workers” (applies to all costs except water and electricity), plus any budgeted increase in the cost for water and electricity. 7. If the square footage cost of the improvements will be less than the amount set forth herein (after adjustment), the assessment shall be reduced proportionately to reflect the reduced cost of improvements in that year. Rate Classifications Single and Multi-family residential subdivisions within the District will be assigned a rate on a per lot basis. To determine the assessment per lot, the number of acres within the subdivision will be divided by the number of lots within the subdivision. Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per-acre figure of $903.85 multiplied by the number of acres per individual lot for Fiscal Year 2021-22. 658 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 METHOD OF APPORTIONMENT 16 Francisco & Associates, Inc. Maximum Assessment Rate It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. As at the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. The maximum assessment amount for each development/property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”). In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases. The Index is to be applied annually to the prior year’s maximum CPI Rate for each development/property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each development/property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the annual District’s fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each development/property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2021-22. The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2021-22 was determined based on the difference using the annual amount for calendar years 2020 and 2019. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2021-22. 659 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 METHOD OF APPORTIONMENT 17 Francisco & Associates, Inc. If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. CPI for 2019 Calendar Year1 288.192 CPI for 2020 Calendar Year1 292.601 % Change in CPI - Increase 1.530% FY 2020/21 Maximum Rate per Acre - CPI Rate $1,238.71 FY 2021/22 Maximum Rate per Acre - CPI Rate $1,257.66 Prior Year Maximum Utility Budget2 $114,179 Utility Budget for FY 2021/22 $111,224 % Change in Utilities Rate - Increase3 0.000% FY 2020/21 Maximum Rate per Acre - Utility Rate $273.27 FY 2021/22 Maximum Rate per Acre - Utility Rate $273.27 FY 2020/21 Maximum Assessment Rate per Acre $1,511.98 FY 2021/22 Maximum Assessment Rate per Acre 4 $1,530.93 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2014/15 Budget Amount for Utilities was the previous highest amount budgeted for utility costs. 3 Equals the % difference between the FY 2020/21 and FY 2021/22 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized. 4 Equals the FY 2021/22 Maximum CPI Rate + Maximum Utility Rate. TABLE 3: MAXIMUM ASSESSMENT RATE Landscape & Lighting District No. 1997-1 660 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2021-22 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 2021-22. 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. 661 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2021-22 Preliminary Engineer’s Report May 18, 2021 City of Dublin Street Lighting Maintenance District No. 1999-1 Attachment 7 662 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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 Costs ......................................................................... 7 Part C – Assessment District Diagram .................................................. 11 Part D – Method of Apportionment of Assessments ......................... 13 Part E - Assessment Roll ........................................................................... 18 663 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 CERTIFICATE ii Francisco & Associates, Inc. ENGINEER'S REPORT CITY OF DUBLIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1999-1 FISCAL YEAR 2021-22 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 10, 2021 By: Eduardo Espinoza, P.E. RCE # 83709 664 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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 District No. 1999-1 (“District”) to maintain the public street lighting improvements within the District. The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed. General Description of the District The District was initially formed in 1999 to provide a dedicated source of funding for the ongoing maintenance of public street lighting improvements within the boundaries of the Dublin Ranch development (excluding the golf course). Tract 7067, which is the Clifton Park development off Mountain Rose Place in the western hills of the City was annexed to the District in 2000, and Dublin Ranch Areas A and G were annexed in 2001. The remaining portions of Dublin Ranch, including areas B, C, F and H were annexed to the District in December 2005. Fallon Village (Tract 7586) was annexed to the District in 2007, and Jordan Ranch (Tract 8024, 8073 & 8074) was annexed to the District in 2011. One reason for the formation of the District was that a special decorative lighting fixture was designed and installed throughout the area to create a community element as part of the development. A Diagram showing the exterior boundaries of the District is provided within this Report. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. The formation of this District was initiated by petition from the developer, and the City has determined it is compliant with the substantive and procedural requirements of Proposition 218 and the 1972 Act. At the time the District was formed, the property owners agreed to the inclusion of a formula for increasing assessments for each fiscal year to offset increases due to inflation as described in the assessment methodology. Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner. 665 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 INTRODUCTION 2 Francisco & Associates, Inc. Summary of District A summary of the assessments to be levied in Fiscal Year 2021-22 for each property type is shown in the table below. Property Type EDU Factor Assessment Rate Single Family Residential (SFR)1.00 per Parcel $38.03 per Parcel Commercial 5.50 per Acre $209.15 per Acre Exempt, Cemeteries, Common Open Space 0.00 per Parcel $0.00 per Parcel TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS Street Lighting District No. 1999-1 666 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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. 1999-1 FISCAL YEAR 2021-22 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 18, 2021, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Street Lighting Maintenance District No. 1999-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this Section II (Engineer’s Report), which consists of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2021-22, 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. 667 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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 to be apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference. 668 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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 rights-of-way and within public easements within private streets which provide special benefit to parcels and properties within the District. For the first several years after formation of the District, this District did not incur a significant maintenance cost; however, as the street lights age, the number of repairs are increasing. In addition, a portion of the funds collected from the annual assessments of the District are being set aside for future capital improvement project costs in a separate improvement fund referred to as a Capital Improvement Fund (CIF). The CIF was established for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Anticipated projects include LED conversions and pole painting. These funds are not considered part of the regular maintenance of the improvements or a part of the Operating Reserve Fund. In Fiscal Year 2012-13, 321 street lights in the District were retrofitted with new light emitting diode (LED) fixtures. The total construction cost for these improvements was $283,800. As part of this retrofit, the district received a one-time rebate amount of $39,950 from Pacific Gas & Electric (PG&E). As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following: 1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities. 3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities; c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. 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 the publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance 669 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 PLANS AND SPECIFICATIONS 6 Francisco & Associates, Inc. and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 670 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years. The following describes the general services and costs shown in the cost estimate. District Costs Operating Supplies – The cost of supplies for ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for both large scheduled and unscheduled, but necessary repairs. Contract with Alameda County – The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract. California Street Light Association – The cost of Street Light Association dues based on relative number of lights within the District. Utilities Electricity – The cost of street light electrical energy use, including miscellaneous utility charges. Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above. Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District. District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District, such as the cost to prepare and mail notices of the public meeting and hearing. Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District. 671 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 ESTIMATE OF COSTS 8 Francisco & Associates, Inc. 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 levy amount. Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the cost estimate. Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property are levied and collected on the tax roll. The following page shows the cost estimates for Fiscal Year 2021-22 and 2022-23. 672 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 ESTIMATE OF COSTS 9 Francisco & Associates, Inc. FY 2021-22 Cost Estimate Projected FY 2022-23 Cost Estimate DISTRICT REVENUES Total District Revenues1 344,135$ 350,624$ DISTRICT COSTS Operating Supplies 10,000$ 10,000$ Contract with Alameda County 86,200$ 86,200$ California Street Light Association 400$ 400$ Utilities - Electricity 145,600$ 191,862$ Miscellaneous Expenses -$ -$ Legal Notices 550$ 575$ District Administration 3,400$ 4,000$ Public Works Administration -$ -$ County per Assessment Collection Fee 5,750$ 5,900$ Total District Costs 251,900$ 298,937$ MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Fund Collection/(Transfer)-$ 23,519$ Capital Improvement Fund (CIF) Collection/(Transfer)92,235$ 28,169$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 92,235$ 51,687$ Balance to Levy 324,437$ 330,926$ Variance Between Estimated Assessment Revenues and Balance to Levy 0$ 0$ Total Assessment Revenue at Maximum Rate2 533,322$ 543,988$ Variance above/(below) Maximum Assessment Revenue (208,885)$ (213,062)$ FUND BALANCE INFORMATION Beginning Operating Reserve Fund Balance (est. 7/1/21 and 7/1/22)125,950$ 125,950$ Reserve Fund Adjustment -$ 23,519$ Transfer From/(To) Capital Improvement Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending Operating Reserve Fund Balance (est. 6/30/22 and 6/30/23)125,950$ 149,469$ Beginning CIF Balance (est. 7/1/21 and 7/1/22)270,798$ 363,033$ CIF Adjustment 92,235$ 28,169$ LED Conversion Project -$ -$ Transfer From/(To) Reserve Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$ Ending CIF Balance (est. 6/30/22 and 6/30/23)363,033$ 391,202$ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc. 2The Maximum Assessment Revenue for Fiscal Year (FY) 2022/23 was estimated to be equal to the FY 2021/22 Maximum Assessment Revenues and escalated by 2%. Table 2: City of Dublin Street Lighting District No. 1999-1 673 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 ESTIMATE OF COSTS 10 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 year and thereafter. Light Pole Painting and Lighting Upgrades: The City has identified the need for regular painting of light poles within the District and for eventual LED upgrades to the decorative lighting. 674 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 ASSESSMENT DIAGRAM 11 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. 675 City of DublinLandscape and Lighting District No. 1999-1Assessment Diagram Prepared by Francisco & Associates, Inc. N:\Dublin\FY18-19\Diagrams\LLAD1999-1_Assessment Diagram (SA 04/19/2018) 0 2,000 4,0001,000 Feet 0 200 400 600100Feet Legend LLAD 1999-1 BoundaryCity Limit Parcel Lines Parcels within LLAD 1999-1 MountainGalway CtInspirati on CirClifden CtRiseP l Tract 7067 Dublin Blvd Central Pkwy Fallon RdFallon RdG l e a s o n D r Poitano Pkwy676 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 METHOD OF APPORTIONMENT 13 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, rights-of-way and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District. Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of 677 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 METHOD OF APPORTIONMENT 14 Francisco & Associates, Inc. public lighting in close proximity to those properties. The special benefits of street lighting and other public lighting facilities are for the convenience, safety, and security of property, improvements, and goods. Specifically: 1) Enhanced deterrence of crime and to aid police protection. 2) Increased nighttime safety on roads, streets and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property. 5) Reduced vandalism and other criminal acts and damage to improvements or property. 6) Improved traffic circulation and reduced nighttime accidents and personal property loss. The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District. All the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include: 1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels; 3) Certain public utility parcels; 4) Privately owned open space parcels; and 5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate. 678 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 METHOD OF APPORTIONMENT 15 Francisco & Associates, Inc. Assessment Methodology The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated on the basis of a formula that utilizes Equivalent Dwelling Units (EDU). The EDU method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single-family residential parcel is assigned 1.00 EDU since it represented more than 85% of the total parcels within the District. EDU’s are assigned to the other land uses based upon the property’s development status, type of development (County of Alameda land use code) and property size as shown in the table below. Single-Family Residential (SFR) — (County land use 1x, 2x, 7x) This land use identifies properties that are developed for single-family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. EDU). This land use classification may include, but is not limited to, lots or parcels identified as single-family residential homes, condominium, vacant residential land zoned for four units or less, planned development (tract or townhouse type), and modular/manufactured single-family residential units. Developed apartments are assigned a factor of 1.00 EDU per dwelling unit. Parcels with a vacant apartment land use are treated like commercial and assessed 5.50 EDU per acre. Commercial — (County land use 3x, 8x, 9x) This land use identifies properties that are considered improved for commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages, service stations, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, bowling alleys, theaters, vacant commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets, commercial or industrial condominium prior to sale of one unit, and miscellaneous commercial. In addition, institutional property, such as schools and other types of types of public property are identified within this category. Common Open Space — (County land use 0, 03-05, 65) This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies, property leased or owned by public utilities, cemeteries, and planned development common areas. Property Type EDU Factor Single Family Residential (SFR)1.00 per Parcel Commercial 5.50 per Acre Exempt, Cemeteries, Common Open Space 0.00 per Parcel TABLE 3: ASSESSMENT METHODOLOGY Street Lighting District No. 1999-1 679 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 METHOD OF APPORTIONMENT 16 Francisco & Associates, Inc. The following formulas are used to calculate each property’s assessment: Total Balance to Levy / T otal EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount Maximum Assessment Rate It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. At the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation. The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”). In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases. The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the annual District’s fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2021-22. The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2021-22 was determined based on the difference using the annual amount for calendar years 2020 and 2019. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2021-22. 680 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 METHOD OF APPORTIONMENT 17 Francisco & Associates, Inc. If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District. CPI for 2019 Calendar Year1 288.192 CPI for 2020 Calendar Year1 292.601 % Change in CPI - Increase 1.530% FY 2020/21 Maximum Rate per EDU - CPI Rate $39.06 FY 2021/22 Maximum Rate per EDU - CPI Rate $39.66 Prior Year Maximum Utility Budget2 $135,600 Utility Budget for FY 2021/22 $183,600 % Change in Utility Rate - Increase3 35.398% FY 2020/21 Maximum Rate per EDU - Utility Rate $16.88 FY 2021/22 Maximum Rate per EDU - Utility Rate $22.85 FY 2020/21 Maximum Assessment Rate per EDU $55.94 FY 2021/22 Maximum Assessment Rate per EDU 4 $62.51 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2020/21 Budget Amount for Utilities was the previous highest amount budgeted for utility costs. 3 Equals the % difference between the FY 2020/21 and FY 2021/22 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized. 4 Equals the FY 2021/22 Maximum CPI Rate + Maximum Utility Rate. TABLE 4: MAXIMUM ASSESSMENT RATE Street Lighting District No. 1999-1 681 CITY OF DUBLIN STREET LIGHTING DISTRICT No. 1999-1 FY 2021-22 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 2021-22. 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. 682 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.10 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2021 Prepared by: Chris Rhoades, Financial Analyst EXECUTIVE SUMMARY: The City Council will receive an informational report of the City’s investments through the quarter ending March 31, 2021 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $321,860,767 (market value) with an average market yield of 0.39%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months. STAFF RECOMMENDATION: Receive the City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2021. FINANCIAL IMPACT: There is no financial impact resulting from this report. Investments are made in accordance with the City Investment Policy and State Law. Interest earned is apportioned between funds (i.e., General Fund, Gas Tax Fund, etc.) based upon their proportionate share of the total cash balance. Based on the financial needs of the City including the timing of revenues and expenditures, the quarterly cash balance can vary from quarter to quarter. DESCRIPTION: The total investment portfolio (market value) consists of $226,023,415 managed by Chandler Asset Management (Chandler), and $95,837,352 invested by the City in local government pools, the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP). The average market yield of the Chandler portfolio and the local pools was 0.46% and 0.22% respectively. This quarter, the City moved $10 million from CAMP to the Chandler portfolio. The total investment portfolio balance fluctuates throughout the year due to normal cash flow needs and includes both discretionary and restricted funds. 683 Page 2 of 4 Economic Update Highlights The following are some highlights from the Economic Update included in the Investment Report prepared by Chandler (Attachment 1). Economic growth is poised to accelerate meaningfully in the current quarter as vaccine distribution becomes more widespread in the US amid an ongoing backdrop of robust fiscal support, low interest rates, and accommodative monetary policy. Robust fiscal spending along with the Federal Reserve’s highly accommodative monetary policy continues to provide support for the economy and financial markets. In March, President Biden signed a $1.9 trillion fiscal relief plan (bringing the total amount of pandemic-related fiscal relief legislation in the last year to about $5.5 trillion) and at the end of the month he unveiled a $2.3 trillion infrastructure spending proposal. Chandler expects some version of an infrastructure spending bill to come to fruition later this year. Estimates for US gross domestic product (GDP) growth this year continue to migrate higher. The current Bloomberg consensus estimate for 2021 US GDP growth is now 6.2%. City of Dublin Portfolio The City's aggregate portfolio has maintained a healthy balance of investment types with minimal change from the prior quarter as shown below in Chart 1. Chart 1: Investments by Type December 31, 2020 and March 31, 2021 The market value of the City's portfolio decreased by $5,263,094 from the December 31, 2020 quarter. The quarterly decrease results from the normal fluctuations in the timing of incoming revenue, predominantly the receipt of property tax allocations and sales tax revenue; and expenditures on Capital Projects; as well as payments to Alameda County for Police and Fire Services. The City’s portfolio increased $21.4 million from the same quarter the prior year due to the excess of revenues over expenditures trending on an annual basis (see Table 1 below). Overall 684 Page 3 of 4 market yield-to-maturity increased from 0.28% to 0.39% (shown in Table 2) due to the factors discussed in the Economic Update Highlights. For detailed monthly transactions, see Attachment 2. It should be noted that the City is no longer required to differentiate between foreign and US- based corporations for reporting purposes. Table 1: Portfolio Values and Yield to Maturity Table 2: Quarterly Holdings (Market Value) by Type and YTM Portfolio Yields for all Funds The following (Table 3) is a summary of historical portfolio yields for LAIF, CAMP, and the funds managed by Chandler, for the most recent eight quarters: March 31, 2020 December 31, 2020 Holdings Market Value Market Value Par Value Book Value Market Value % of Subtotal % of Total Portfolio Book Yield Market Yield Managed by City LAIF 49,651,088 50,189,403 50,268,759 50,268,759 50,268,759 52.5%15.9%0.35%0.35% CAMP 36,974,798 59,605,094 45,517,393 45,517,393 45,517,393 47.5%14.4%0.07%0.07% SUBTOTAL 86,625,886 109,794,497 95,786,151 95,786,151 95,786,151 100.00%30.38%0.22%0.22% Accrued Interest 73,594 51,201 109,868,091 95,837,352 Managed by Chandler ABS 13,963,788 8,651,697 7,729,509 7,739,906 7,785,198 3.5%2.5%1.47%0.33% Agency 73,363,097 88,099,396 76,570,000 76,955,343 78,831,782 35.0%24.3%1.64%0.38% Money Market 1,416,205 1,494,033 7,546,801 7,546,801 7,546,801 3.4%2.4%0.01%0.01% Supranational 4,626,095 9,291,429 14,445,000 14,415,450 14,391,293 6.4%4.6%1.08%0.66% Corporate 49,536,671 49,090,006 46,735,000 47,261,486 48,771,479 21.7%14.8%2.33%0.67% US Treasury 65,660,509 59,632,976 66,500,000 66,418,546 67,900,673 30.1%21.1%1.63%0.42% SUBTOTAL 212,701,340 216,259,536 219,526,310 220,337,532 225,227,225 100.00%69.62%1.67%0.46% Accrued Interest 1,091,397 996,234 796,190 213,792,736 217,255,770 226,023,415 TOTAL PORTFOLIO 300,418,622 327,123,861 315,312,462 316,123,683 321,860,767 100.00%0.39% 21,442,145 (5,263,094) Change from Prior Quarter Change from Prior Year March 31, 2021 Holdings (Market Value)3/31/20 6/30/20 9/30/20 12/31/20 3/31/21 LAIF/CAMP 86,625,886 102,457,734 87,959,776 109,794,497 95,786,151 ABS 13,963,788 10,752,557 10,967,071 8,651,697 7,785,198 Agency 73,363,097 78,621,769 86,962,937 88,099,396 78,831,782 Money Market 1,416,205 2,018,086 287,330 1,494,033 7,546,801 Supranational 4,626,095 6,913,320 6,901,940 9,291,429 14,391,293 Corporate 49,536,671 51,557,374 48,948,015 49,090,006 48,771,479 US Treasury 65,660,509 65,288,940 61,909,753 59,632,976 67,900,673 Accrued Interest 1,091,397 1,203,899 923,702 1,069,828 847,391 TOTAL 300,418,622 318,813,679 304,860,526 327,123,861 321,860,767 YIELD TO MATURITY 1.11%0.50%0.34%0.28%0.39% 685 Page 4 of 4 Table 3: Historical Quarterly Portfolio Yields Market Yield LAIF CAMP Chandler03/31/21 0.35%0.07%0.46%12/31/20 0.52%0.12%0.27%09/30/20 0.66%0.25%0.30%06/30/20 1.15%0.48%0.36%03/31/20 1.74%1.50%0.89%12/31/19 2.03%1.77%1.75%09/30/19 2.25%2.25%1.81%06/30/19 2.41%2.45%1.98%03/31/19 2.44%2.59%2.44% STRATEGIC PLAN INITIATIVE: Strategy 2: Explore new City revenue streams for long term financial stability. Objective D: Continue to maintain strong fiscal policies. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) City of Dublin Investment Report for Period Ending March 31, 2021 2) Transaction Ledger – January through March 2021 686 CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com INVESTMENT REPORT Period Ending March 31, 2021 City of Dublin Attachment 1 687 SECTION 1 Economic Update SECTION 2 Account Profile SECTION 3 Consolidated Information SECTION 4 Portfolio Holdings SECTION 5 Transactions Table of Contents As of March 31, 2021 1 688 SECTION |Section 1 |Economic Update 2 689 Economic Update    Economic growth is poised to accelerate meaningfully in the current quarter as vaccine distribution becomes more widespread in the US amid an ongoing backdrop of robust fiscal support,low interest rates,and accommodative monetary policy.The vaccine rollout has been faster than expected and more than 25%of the US population is now fully vaccinated, and about 40%have received at least one dose.Meanwhile, robust fiscal spending along with the Federal Reserve’s highly accommodative monetary policy continues to provide support for the economy and financial markets.In March,President Biden signed a $1.9 trillion fiscal relief plan (bringing the total amount of pandemic-related fiscal relief legislation in the last year to about $5.5 trillion)and at the end of the month he unveiled a $2.3 trillion infrastructure spending proposal.We expect some version of an infrastructure spending bill to come to fruition later this year.Estimates for US gross domestic product (GDP)growth this year continue to migrate higher.The current Bloomberg consensus estimate for 2021 US GDP growth is now 6.2%. The Federal Open Market Committee kept monetary policy unchanged at their March meeting as expected,with the fed funds target rate in a range of 0.0%to 0.25%.The Fed also continues to purchase $80 billion of Treasuries per month,and $40 billion of agency mortgage-backed securities per month.The Fed intends to remain highly accommodative until the labor market has made a strong recovery and inflation is sustainably on track to achieve their 2.0%longer-run target.The majority of Fed policymakers expect to keep the fed funds rate unchanged through 2023.Though inflation rates are likely to increase in the coming months (due to low inflation last year and near-term supply constraints), the Fed believes the increase will be transitory and the Fed intends to remain on the sidelines.Fed Chair Powell emphasized that policymakers will clearly telegraph their outlook for monetary policy well in advance of any future policy changes. The yield curve has steepened.As of March month-end,the yield on 2-year Treasuries was about four basis points higher while the yield on 10-year Treasuries was nearly 83 basis points higher,on a year-to-date basis.In April,we have seen a modest retreat in longer-term Treasury yields.Nevertheless,we believe the Treasury yield curve is poised to modestly steepen further as the year progresses,which would be consistent with an improving economicoutlook,more widespread vaccine distribution, the anticipation of ongoing fiscal spending, and a moderate pick-up in inflation. 3 690 Will $5.5 Trillion Stimulus Propel Growth and Inflation? Source: US Congress Fiscal Package Amount CARES Act $2.23 Trillion Coronavirus Relief Bill $484 Billion Phase 4 Stimulus $908 Billion American Rescue Plan $1.9 Trillion Total So Far $5.5 Trillion Individuals $799 Billion (42%) 176 Stimulus Checks Unemployment Assistance Tax Credits Local Governments $360 Billion (19%) Transportation/Education/Housing $280 Billion (15%) Health $228 Billion (12%) Business $75 Billion (4%) Other $146 Billion (15%) States Municipalities Infrastructure Public Transit, Airlines/Airports, Amtrak K-12/Higher Education Housing Assistance COVID Testing/Contact Tracing, FEMA Vaccine Distribution Defense Production Transportation $56 Billion Education $176 Billion Housing $48 Billion COVID Policy $123 Billion Healthcare $105 Billion Small Business $59 Billion Agriculture $16 Billion PPP Restaurants,Small Business Loans Farm Relief Pension Bailouts, Cybersecurity 2021 American Rescue Plan $1.9 Trillion 4 691 Source: US Department of Labor Source: US Department of Labor Employment U.S.nonfarm payrolls w ere much stronger than expected in March,up 916,000,versus the Bloomberg consensus forecast of 660,000.February payrolls were also revised higher reflecting a 468,000 gain.Payrolls in the leisure and hospitality sector showed the strongest gains adding another 280,000 jobs.As expected,the unemployment rate declined to 6.0%in March from 6.2%in February.The participation rate increased in March to 61.5%from 61.4%last month but remains below pre-pandemic levels.Although the employment picture continues to improve, payrolls are approximately 8.4 million below the 152.5 million level prior to the pandemic.The U-6 underemployment rate,which includes those who are marginally attached to the labor force and employed part time for economic reasons,declined to 10.7%in March from 11.1%in February. -22,000 -18,000 -14,000 -10,000 -6,000 -2,000 2,000 6,000 MOM Change In (000's)Nonfarm Payroll (000's) Non-farm Payroll (000's) 3 month average (000's) 0.0% 4.0% 8.0% 12.0% 16.0% 20.0% 24.0% Unemployment Rate Underemployment Rate (U6) Unemployment Rate (U3)Rate (%)5 692 Initial Claims for Unemployment 576 769 729 658 765 734 761 747 847 863 837 836 886 904 3,731 3,727 3,753 3,841 4,123 4,157 4,383 4,469 4,592 4,655 4,791 4,878 5,061 - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 In thousandsInitial Jobless Claims Continuing Claims Initial Claims For Unemployment January 08, 2021 -April 09, 2021 In the most recent week,the number of initial jobless claims declined to 576,000 versus 769,000 in the prior week.The level of continuing unemployment claims (where the data is lagged by one week)was little changed at 3.731 million versus 3.727 million in the prior week. Although continuing jobless claims are much lower than the peak of nearly 25 million last May,they remained above the 2019 (pre-pandemic) average of 1.7 million. Source: US Department of Labor 6 693 Source: US Department of Labor Source: US Department of Commerce Inflation The Consumer Price Index (CPI)was up 2.6%year-over-year in March,versus up 1.7%year-over-year in February.The increase in March was driven by higher energy prices and the base effects of deflationary pressures in the initial stage of the pandemic last year. Core CPI (CPI less food and energy)was up just 1.6%year-over-year in March,versus up 1.3%in February.The Personal Consumption Expenditures (PCE)index was up 1.6%year-over-year in February, versus up 1.4%year-over-year in January.Core PCE,which is the Fed's primary inflation gauge,was up 1.4%year-over-year in February, versus up 1.5%year-over-year in January.Inflation rates are likely to increase as we begin to cycle through the deflationary impact of the pandemic last year, but for now inflation remains below the Fed's longer-run 2.0% target. 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% Personal Consumption Expenditures (PCE) PCE Price Deflator YOY % Change PCE Core Deflator YOY % Change YOY( %) Change0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% Consumer Price Index (CPI) CPI YOY % Change Core CPI YOY % ChangeYOY( %) Change7 694 On a year-over-year basis,retail sales were up 27.7%in March versus up 6.7%in February.On a month-over-month basis,retail sales were even stronger than expected in March,surging 9.8%,following a 2.7%decline in February.The March increase was likely fueled by federal stimulus checks which were delivered early in the month. Pent-up demand,following severe winter weather in February,likely also helped drive March sales.The increase was broad-based across all major categories in March,with particular strength in sporting goods,hobby, instrument &book stores,clothing &accessories,and motor vehicle &parts.The Consumer Confidence index jumped to 109.7 in March from 90.4 in February, which likely helped drive March sales as well. Source: US Department of Commerce Source: The Conference Board -30.0% -20.0% -10.0% 0.0% 10.0% 20.0% 30.0% 40.0% Retail Sales YOY % Change YOY (%) Change80 90 100 110 120 130 140 Index LevelConsumer Confidence Consumer 8 695 Source: The Conference Board Source: Federal Reserve Bank of Chicago Economic Activity The Conference Board’s Leading Economic Index (LEI)rose 0.2%month-over-month in February (following a 0.4%increase in January)but remained down 1.3%on a year-over-year basis.According to the Conference Board,the index suggests the economy should continue to improve this year.While some components of the LEI showed signs of weakness in February,the Conference Board believes it may have been due to transitory factors such as bad weather and supply-chain disruptions.Severe winter weather likely had a negative impact on the Chicago Fed National Activity Index (CFNAI)in February as well.The CFNAI dropped to -1.09 in February from +0.75 in January.On a 3-month moving average basis,the CFNAI declined to -0.02 in February from 0.46 in January.The index turned negative on both a one month and 3-month basis in February, and a negative index reading corresponds to below trend growth. -8.00 -6.00 -4.00 -2.00 0.00 2.00 4.00 6.00 Chicago Fed National Activity Index (CFNAI)3 Month Average-8.0% -6.0% -4.0% -2.0% 0.0% 2.0% 4.0% Leading Economic Indicators (LEI)MOM ( %) Change9 696 Source: US Department of Commerce Source: S&P Housing 0 200 400 600 800 1000 1200 1400 1600 1800 MOM Change (In Thousands of Units)Housing Starts Multi Family Housing Starts Single Family Housing Starts 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% S&P/Case -Shiller 20 City Composite Home Price Index YOY( %) ChangeTotal housing starts were stronger than expected in March,up 19.4%to an annual pace of 1,739,000.Single-family starts rose 15.3%in March and multi-family starts were up 30.8%.On a year-over-year basis,housing starts were up 37.0%in March.Permits were also stronger than expected in March,up 2.7%to an annualized rate of 1,766,000.According to the Case-Shiller 20-City home price index,home prices were up 11.1%year-over-year in January versus up 10.2%year-over-year in December.We believe rising mortgage rates may put pressure on home prices in the months ahead. 10 697 Source: Institute for Supply Management Source: Federal Reserve Manufacturing The Institute for Suppl y Management (ISM)manufacturing index increased to 64.7 in March from 60.8 in February.Readings above 50.0 are indicative of expansion in the manufacturing sector. We believe a weaker US dollar has been supportive of the US manufacturing sector throughout the past year.The Industrial Production index was up 1.0%year-over-year in March,versus down 4.8%in February.On a month- over-month basis,the Industrial Production index increased 1.4%in March,following a 2.6%decline in February.The March rebound was likely driven in part by weather.Capacity Utilization increased to 74.4%in March from 73.4%in February but remains well below the long-run average of 79.8%. 40 42 44 46 48 50 52 54 56 58 60 62 64 66 Institute of Supply Management Purchasing Manager Index EXPANDING CONTRACTING -18.0% -14.0% -10.0% -6.0% -2.0% 2.0% 6.0% Industrial Production YOY( %) Change11 698 Source: US Department of Commerce Source: US Department of Commerce 3/20 6/20 9/20 12/20 -4.8% -24.0% 25.4% 1.6% -1.6% -8.8% 12.0% 4.4% 1.1% 0.6% -3.2% -1.5% 0.1% 1.2% -0.4% -0.1% 0.1% -0.4% -0.4% -0.1% -5.0% -31.4% 33.4% 4.3% Gross Private Domestic Investment Personal Consumption Expenditures Components of GDP Federal Government Expenditures State and Local (Consumption and Gross Investment) Net Exports and Imports Total -35.0% -30.0% -25.0% -20.0% -15.0% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Gross Domestic Product (GDP) GDP QOQ % Change GDP YOY % Change Gross Domestic Product (GDP) According to the third estimate,real US gross domestic product (GDP)grew at an annualized rate of 4.3%in the fourth quarter of 2020 (slightly higher than the second estimate of 4.1%),following 33.4%growth in the third quarter and a 31.4%annualized decline in the second quarter. Personal consumption expenditures rose at an annual rate of 2.3%in the fourth quarter.The consensus forecast for US gross domestic product growth in 2021 is 6.2%, following a 3.5% decline in 2020. 12 699 Federal Reserve Source: Federal Reserve Source: Bloomberg Last year,the Fed took a wide range of aggressive actions to help stabilize and provide liquidity to the financial markets.The Fed lowered the fed funds target rate to a range of 0.0%-0.25%and continues to purchase Treasury and agency mortgage-backed securities to support smooth market functioning.Last year,policymakers reinstated the Commercial Paper Funding Facility and Money Market Mutual Fund Liquidity Facility.The Fed also established the Primary Market Corporate Credit Facility,Secondary Market Corporate Credit Facility,Term Asset-Backed Securities Loan Facility,Paycheck Protection Program Liquidity Facility,Main Street Lending Facility,and Municipal Liquidity Facility.The Fed has also provided short-term funding through large-scale repo operations and lowered the reserve requirement for depository institutions. Notably, many of the Fed's lending facilities expired at the end of 2020,including the Fed’s corporate credit,asset-backed securities,municipal lending, and Main Street Lending programs. 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% Effective Federal Funds Rate Yield (%)3,500,000 4,000,000 4,500,000 5,000,000 5,500,000 6,000,000 6,500,000 7,000,000 7,500,000 8,000,000 Federal Reserve Balance Sheet Assets In$ millions13 700 Source: Bloomberg Source: Bloomberg 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% US Treasury Note Yields 2-Year 5-Year 10-Year Yield (%)0.0% 0.5% 1.0% 1.5% 2.0% 2.5% US Treasury Yield Curve Mar-21 Dec-20 Mar-20 Yield (%)Bond Yields The treasury yield curve is much steeper relative to this time last year.The 3-month T-bill yieldis about four basis points lower,and the 2-year Treasury yield is about four basis points higher,while the 10-Year Treasury yield is about 83 basis points higher,year-over-year,as of March month-end.Yields declined precipitously in March 2020,with the Fed cutting rates by a total of 150 basis points and a flight to safe-haven assets driving down yields across the curve. Since late 2020,longer-term yields have been rising and the yield curve has steepened.The Fed has signaled plans to keep the front end of the Treasury yield curve anchored near zero until at least 2023. 14 701 Section 2|SECTION |Section 2 |Account Profile 15 702 Objectives Chandler Asset Management Performance Objective The performance objective of the City of Dublin is to earn a return that equals or exceeds the return on of the ICE BAML 1-5 Year Treasury and Agency Index. Investment Objectives The investment objectives of the City of Dublin are first,to provide safety of principal;second,to provide adequate liquidity to meet all requirements which might be reasonably anticipated;third,to attain a market average rate of return on its investments throughout economic cycles;and fourth,to be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. Strategy In order to achieve this objective,the portfolio invests in high quality fixed income instruments consistent with the City's investment policy and California Government Code. As of March 31, 2021 16 703 Compliance As of March 31, 2021 Category Standard Comment U.S. Treasury Issues No limitations; Full faith and credit of the U.S. are pledged for payment of principal and interest.Complies Federal Agencies 35% max per agency issuer; 25% max callables for agency securities; Federal Agencies or U.S. Government Sponsored Enterprises (GSE), participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S. GSEs. Complies Municipal Securities "A" rated or higher by a NRSRO; 5% max per issuer; Obligations of the State of California, any of the other 49 states, or any local agency within the state of California; Complies Supranational Securities "AA" rating category or better by a Nationally Recognized Statistical Rating Organization ("NRSRO"); 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development ("IBRD"), the International Finance Corporation ("IFC") or the Inter-American Development Bank ("IADB") Complies Asset-Backed Securities/Mortgage- Backed Securities/ Collateralized Mortgage Obligations "AA" rated or higher by a NRSRO; 20% maximum (combined); 5% max per issuer Complies Corporate Medium Term Notes "A" rated or higher by a NRSRO; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S.Complies Negotiable Certificates of Deposit "A" long-term debt rated and/or "A-1" short-term rated or higher by a NRSRO; 30% maximum; 5% max per issuer; 20% max amount invested in NCDs with any one financial institution in combination with any other debt from that financial institution; Issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. Complies Time Deposits/ Certificates of Deposit 10% maximum; Collateralized/FDIC Insured; 1 year max maturity Complies Commercial Paper "A-1" rated or higher by a NRSRO; 25% maximum; 5% max per issuer; 10% max of the outstanding commercial paper of an issuing corporation; 20% max amount invested in CP of any one issuer in combination with any other debt from that issuer; 270 days max maturity; Issuer of the commercial paper shall meet all conditions in either A) (1) Organized and operating in the U.S. as a general corp, (2) Has AUM > $500 million, (3) "A" rated issuer debt (if any) or higher by a NRSRO; or B) (1) Organized in the U.S. as a special purpose corp, trust, LLC, (2) Has program wide credit enhancements including, but not limited to, over collateralization, LOC, or surety bond, (3) "A- 1" rated or higher by a NRSRO Complies Banker’s Acceptances "A-1" short-term rated or higher by a NRSRO; 40% maximum; 5% max per issuer; 20% max amount invested in BA with any one financial institution in combination with any other debt from that financial institution; 180 days max maturity Complies Money Market Mutual Funds and Mutual Funds Highest rating or "AAA" rated by two NRSROs; SEC registered adviser with AUM >$500 million and experience > 5 years; 20% maximum in Mutual Funds and Money Market Mutual Funds; 20% max in Money Market Mutual Fund; 10% max per one Mutual Fund Complies Local Agency Investment Fund (LAIF) Maximum permitted by LAIF; Not used by investment adviser Complies California Asset Management Program (CAMP)Issued by joint powers authority organized pursuant to California Government Code; Not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Mortgage-derived, Interest-only strips; Any investment in a security not specifically listed as an Authorized and Suitable Investment in the policy.Complies Max Per Issuer 5% max per issuer, except US Government, its Agencies and instrumentalities (including agency backed-mortgage pools), Supranational securities, or Money Market Mutual Funds Complies Maximum Maturity 5 years, unless otherwise stated in the policy Complies City of Dublin Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. 17 704 Portfolio Characteristics City of Dublin 3/31/2021 12/31/2020 Benchmark*Portfolio Portfolio Average Maturity (yrs)2.66 2.68 2.66 Average Modified Duration 2.59 2.52 2.49 Average Purchase Yield n/a 1.67%1.82% Average Market Yield 0.36%0.46%0.27% Average Quality**AAA AA+/Aa1 AA/Aa1 Total Market Value 226,023,415 217,255,771 *ICE BAML 1-5 Year US Treasury/Agency Index **Benchmark is a blended rating of S&P, Moody’s, and Fitch. Portfolio is S&P and Moody’s respectively. As of March 31, 2021 18 705 City of Dublin Sector Distribution ABS 3.4% Agency 35.0% Corporate 21.7% Money Market Fund 3.3% Supranational 6.4% US Treasury 30.1% March 31, 2021 December 31, 2020 ABS 4.0% Agency 40.7% Corporate 22.8% Money Market Fund 0.7% Supranational 4.3% US Treasury 27.6% As of March 31, 2021 19 706 Issue Name Investment Type % Portfolio Government of United States US Treasury 30.13% Federal National Mortgage Association Agency 14.26% Federal Home Loan Bank Agency 11.65% Federal Home Loan Mortgage Corp Agency 6.11% Intl Bank Recon and Development Supranational 4.51% First American Govt Oblig Fund Money Market Fund 3.34% Federal Farm Credit Bank Agency 2.99% Inter-American Dev Bank Supranational 1.87% Bank of America Corp Corporate 1.69% US Bancorp Corporate 1.65% Royal Bank of Canada Corporate 1.62% Toronto Dominion Holdings Corporate 1.53% Apple Inc Corporate 1.43% JP Morgan Chase & Co Corporate 1.42% Chubb Corporation Corporate 1.19% Honda Motor Corporation Corporate 1.17% Honeywell Corp Corporate 1.13% PNC Financial Services Group Corporate 1.05% Nissan ABS ABS 0.97% Deere & Company Corporate 0.95% Charles Schwab Corp/The Corporate 0.92% ChevronTexaco Corp Corporate 0.92% Toyota ABS ABS 0.87% Berkshire Hathaway Corporate 0.86% Honda ABS ABS 0.83% Microsoft Corporate 0.82% State Street Bank Corporate 0.80% John Deere ABS ABS 0.77% Wal-Mart Stores Corporate 0.66% Bank of New York Corporate 0.57% General Dynamics Corp Corporate 0.51% Oracle Corp Corporate 0.45% Merck & Company Corporate 0.35% TOTAL 100.00% Issuers City of Dublin –Account #10198 As of March 31, 2021 20 707 AAA AA A <A NR 03/31/21 12.1%70.6%15.5%0.0%1.9% 12/31/20 7.9%72.8%15.4%0.0%4.0% Source: S&P Ratings March 31, 2021 vs. December 31, 2020 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% AAA AA A <A NR 3/31/2021 12/31/2020 Quality Distribution City of Dublin As of March 31, 2021 21 708 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% 0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ City of Dublin ICE BAML 1-5 Year US Treasury/Agency Index Portfolio Compared to the Benchmark as of March 31, 2021 0 -0.25 0.25 -0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ Portfolio 6.6% 4.8% 8.7% 15.9% 22.4% 23.6% 18.0% 0.0% Benchmark*0.2% 0.2% 1.6% 33.7% 29.4% 18.0% 17.0% 0.0% *ICE BAML 1-5 Year US Treasury/Agency Index Duration Distribution City of Dublin As of March 31, 2021 22 709 -0.50% 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 12 months 2 years 3 years 5 years 10 years Since Inception City of Dublin ICE BAML 1-5 Year US Treasury/Agency Index Total Rate of Return Annualized Since Inception 10/31/2013 Annualized TOTAL RATE OF RETURN 3 months 12 months 2 years 3 years 5 years 10 years Since Inception City of Dublin -0.54%1.18%3.46%3.41%2.12%N/A 1.87% ICE BAML 1-5 Year US Treasury/Agency Index -0.52%-0.07%3.31%3.25%1.91%N/A 1.70% *ICE BAML 1-3 Yr US Treasury/Agency Index to 12/31/2014 Total rate of return: A measure of a portfolio’s performance over time.It is the internal rate of return,which equates the beginning value of the portfolio with the ending value;it includes interest earnings,realized and unrealized gains and losses in the portfolio. Investment Performance City of Dublin As of March 31, 2021 23 710 Portfolio Characteristics City of Dublin Reporting Account 3/31/2021 Portfolio 12/31/2020 Portfolio Average Maturity (yrs)0.00 0.00 Modified Duration 0.00 0.00 Average Purchase Yield 0.22%0.30% Average Market Yield 0.22%0.30% Average Quality*AAA/NR AAA/NR Total Market Value 95,837,352 109,868,091 *Portfolio is S&P and Moody’s, respectively. As of March 31, 2021 24 711 City of Dublin Reporting Account Sector Distribution LAIF 52.5% Local Gov Investment Pool 47.5% March 31, 2021 December 31, 2020 LAIF 45.8% Local Gov Investment Pool 54.3% As of March 31, 2021 25 712 Issue Name Investment Type % Portfolio Local Agency Investment Fund LAIF 52.51% CAMP Local Gov Investment Pool 47.49% TOTAL 100.00% Issuers City of Dublin Reporting Account –Account #10219 As of March 31, 2021 26 713 SECTION |Section 3 |Consolidated Information 27 714 Portfolio Characteristics City of Dublin Consolidated 3/31/2021 12/31/2020 Portfolio Portfolio Average Maturity (yrs)1.88 1.76 Modified Duration 1.77 1.65 Average Purchase Yield 1.23%1.30% Average Market Yield 0.39%0.28% Average Quality*AA+/Aa1 AA+/Aa1 Total Market Value 321,860,767 327,123,861 * Portfolio is S&P and Moody’s respectively. As of March 31, 2021 28 715 City of Dublin Consolidated Sector Distribution ABS 2.4% Agency 24.6% Corporate 15.2% LAIF 15.6% Local Gov Investment Pool 14.1% Money Market Fund 2.3% Supranational 4.5% US Treasury 21.2% March 31, 2021 December 31, 2020 ABS 2.7% Agency 27.1% Corporate 15.1%LAIF 15.4% Local Gov Investment Pool 18.2% Money Market Fund 0.5% Supranational 2.9% US Treasury 18.3% As of March 31, 2021 29 716 SECTION |Section 4 |Portfolio Holdings 30 717 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration ABS 43815NAB0 Honda Auto Receivables Trust 2019-3 A2 1.900% Due 04/15/2022 212,878.28 08/20/2019 1.91% 212,863.38 212,877.93 100.17 0.20% 213,246.18 179.76 0.09% 368.25 Aaa / AAA NR 1.04 0.10 43814UAG4 Honda Auto Receivables Trust 2018-2 A3 3.010% Due 05/18/2022 126,378.88 05/22/2018 2.15% 126,376.12 126,378.10 100.52 0.34% 127,041.74 137.37 0.06% 663.64 NR / AAA AAA 1.13 0.20 43815HAC1 Honda Auto Receivables Trust 2018-3 A3 2.950% Due 08/22/2022 413,928.75 08/21/2018 2.55% 413,871.97 413,908.93 100.83 0.28% 417,361.05 339.19 0.18% 3,452.12 Aaa / NR AAA 1.39 0.31 47788EAC2 John Deere Owner Trust 2018-B A3 3.080% Due 11/15/2022 431,142.13 07/18/2018 3.10% 431,109.46 431,129.82 100.73 0.19% 434,301.11 590.19 0.19% 3,171.29 Aaa / NR AAA 1.63 0.26 65479GAD1 Nissan Auto Receivables Trust 2018-B A3 3.060% Due 03/15/2023 579,171.60 07/17/2018 3.08% 579,152.83 579,166.98 101.16 0.36% 585,884.20 787.67 0.26% 6,717.22 Aaa / AAA NR 1.96 0.43 89231PAD0 Toyota Auto Receivables Trust 2018-D A3 3.180% Due 03/15/2023 926,009.77 08/29/2019 2.15% 945,795.99 936,920.50 101.31 0.31% 938,116.42 1,308.76 0.42% 1,195.92 Aaa / AAA NR 1.96 0.46 65479JAD5 Nissan Auto Receivables Owner 2019-C A3 1.930% Due 07/15/2024 1,580,000.00 10/16/2019 1.94% 1,579,916.58 1,579,941.99 101.81 0.30% 1,608,637.50 1,355.29 0.71% 28,695.51 Aaa / AAA NR 3.29 1.11 89237VAB5 Toyota Auto Receivables Trust 2020-C A3 0.440% Due 10/15/2024 1,025,000.00 07/21/2020 0.44% 1,024,921.08 1,024,933.78 100.22 0.29% 1,027,235.60 200.44 0.45% 2,301.82 Aaa / AAA NR 3.55 1.47 43813KAC6 Honda Auto Receivables Trust 2020-3 A3 0.370% Due 10/18/2024 1,120,000.00 09/22/2020 0.38% 1,119,835.47 1,119,861.91 100.03 0.35% 1,120,375.20 149.64 0.50% 513.29 NR / AAA AAA 3.55 1.78 47787NAC3 John Deere Owner Trust 2020-B A3 0.510% Due 11/15/2024 515,000.00 07/14/2020 0.52% 514,921.51 514,937.12 100.22 0.36% 516,142.27 116.73 0.23% 1,205.15 Aaa / NR AAA 3.63 1.46 47788UAC6 John Deere Owner Trust 2021-A A3 0.360% Due 09/15/2025 800,000.00 03/02/2021 0.37% 799,846.24 799,848.81 99.61 0.52% 796,856.81 168.00 0.35% (2,992.00) Aaa / NR AAA 4.46 2.43 TOTAL ABS 7,729,509.41 1.47% 7,748,610.63 7,739,905.87 0.33% 7,785,198.08 5,333.04 3.45% 45,292.21 Aaa / AAA Aaa 2.95 1.15 Agency 313379RB7 FHLB Note 1.875% Due 06/11/2021 3,000,000.00 08/30/2017 1.67% 3,022,620.00 3,001,163.78 100.36 0.03% 3,010,761.00 17,187.50 1.34% 9,597.22 Aaa / AA+ AAA 0.20 0.19 3130A8QS5 FHLB Note 1.125% Due 07/14/2021 2,500,000.00 07/25/2016 1.28% 2,481,475.00 2,498,937.93 100.31 0.04% 2,507,737.50 6,015.63 1.11% 8,799.57 Aaa / AA+ AAA 0.29 0.29 3137EAEC9 FHLMC Note 1.125% Due 08/12/2021 3,000,000.00 Various 1.33% 2,971,215.00 2,997,873.08 100.39 0.05% 3,011,700.00 4,593.76 1.33% 13,826.92 Aaa / AA+ AAA 0.37 0.36 3135G0Q89 FNMA Note 1.375% Due 10/07/2021 2,000,000.00 10/06/2016 1.45% 1,992,924.00 1,999,267.60 100.67 0.08% 2,013,420.00 13,291.67 0.90% 14,152.40 Aaa / AA+ AAA 0.52 0.51 As of March 31, 2021 31 718 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 3135G0S38 FNMA Note 2.000% Due 01/05/2022 2,500,000.00 01/30/2017 2.04% 2,495,475.00 2,499,298.63 101.44 0.11% 2,535,902.50 11,944.44 1.13% 36,603.87 Aaa / AA+ AAA 0.77 0.76 313378CR0 FHLB Note 2.250% Due 03/11/2022 2,000,000.00 06/19/2017 1.86% 2,035,280.00 2,007,035.55 102.02 0.11% 2,040,336.00 2,500.00 0.90% 33,300.45 Aaa / AA+ NR 0.95 0.94 3135G0T45 FNMA Note 1.875% Due 04/05/2022 3,250,000.00 05/05/2017 1.99% 3,232,125.00 3,246,321.32 101.77 0.13% 3,307,447.00 29,791.67 1.48% 61,125.68 Aaa / AA+ AAA 1.01 1.00 3135G0T94 FNMA Note 2.375% Due 01/19/2023 2,500,000.00 03/28/2018 2.70% 2,463,675.00 2,486,396.22 103.98 0.16% 2,599,475.00 11,875.00 1.16% 113,078.78 Aaa / AA+ AAA 1.81 1.76 313383QR5 FHLB Note 3.250% Due 06/09/2023 1,500,000.00 08/28/2018 2.87% 1,525,005.00 1,511,449.28 106.42 0.30% 1,596,369.00 15,166.67 0.71% 84,919.72 Aaa / AA+ NR 2.19 2.11 3137EAEN5 FHLMC Note 2.750% Due 06/19/2023 2,000,000.00 07/16/2018 2.88% 1,988,360.00 1,994,762.65 105.61 0.21% 2,112,172.00 15,583.33 0.94% 117,409.35 Aaa / AA+ AAA 2.22 2.15 3135G05G4 FNMA Note 0.250% Due 07/10/2023 2,350,000.00 07/08/2020 0.32% 2,344,947.50 2,346,170.25 100.07 0.22% 2,351,689.65 1,321.88 1.04% 5,519.40 Aaa / AA+ AAA 2.28 2.27 3133EKZK5 FFCB Note 1.600% Due 08/14/2023 4,000,000.00 08/26/2019 1.54% 4,009,000.00 4,005,376.38 103.22 0.23% 4,128,944.00 8,355.56 1.83% 123,567.62 Aaa / AA+ AAA 2.37 2.33 313383YJ4 FHLB Note 3.375% Due 09/08/2023 5,000,000.00 Various 2.90% 5,102,615.00 5,053,223.98 107.55 0.26% 5,377,655.00 10,781.25 2.38% 324,431.02 Aaa / AA+ NR 2.44 2.36 3130A0F70 FHLB Note 3.375% Due 12/08/2023 5,000,000.00 Various 2.73% 5,147,870.00 5,080,757.41 108.14 0.33% 5,407,160.00 52,968.75 2.42% 326,402.59 Aaa / AA+ AAA 2.69 2.57 3135G0V34 FNMA Note 2.500% Due 02/05/2024 2,000,000.00 02/27/2019 2.58% 1,992,340.00 1,995,581.59 106.21 0.30% 2,124,288.00 7,777.78 0.94% 128,706.41 Aaa / AA+ AAA 2.85 2.75 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 3,795,000.00 Various 1.96% 3,958,639.85 3,900,024.04 107.79 0.42% 4,090,474.91 32,428.80 1.82% 190,450.87 Aaa / AA+ NR 3.21 3.06 3133EKWV4 FFCB Note 1.850% Due 07/26/2024 2,500,000.00 08/13/2019 1.65% 2,524,140.00 2,516,182.35 104.60 0.45% 2,615,020.00 8,350.69 1.16% 98,837.65 Aaa / AA+ AAA 3.32 3.22 3130A2UW4 FHLB Note 2.875% Due 09/13/2024 2,000,000.00 10/10/2019 1.58% 2,122,020.00 2,085,529.31 108.04 0.52% 2,160,734.00 2,875.00 0.96% 75,204.69 Aaa / AA+ AAA 3.46 3.30 3135G0W66 FNMA Note 1.625% Due 10/15/2024 2,000,000.00 11/08/2019 1.80% 1,983,400.00 1,988,069.04 103.89 0.52% 2,077,718.00 14,986.11 0.93% 89,648.96 Aaa / AA+ AAA 3.55 3.42 3135G0X24 FNMA Note 1.625% Due 01/07/2025 4,200,000.00 Various 1.18% 4,287,898.80 4,268,537.75 103.84 0.59% 4,361,099.40 15,925.00 1.94% 92,561.65 Aaa / AA+ AAA 3.78 3.65 3137EAEP0 FHLMC Note 1.500% Due 02/12/2025 4,200,000.00 Various 1.23% 4,254,786.30 4,242,903.41 103.34 0.62% 4,340,204.40 8,575.00 1.92% 97,300.99 Aaa / AA+ AAA 3.87 3.75 3135G03U5 FNMA Note 0.625% Due 04/22/2025 1,825,000.00 04/22/2020 0.67% 1,821,240.50 1,821,945.41 99.71 0.70% 1,819,709.33 5,037.76 0.81% (2,236.08) Aaa / AA+ AAA 4.06 3.99 As of March 31, 2021 32 719 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 3135G04Z3 FNMA Note 0.500% Due 06/17/2025 3,435,000.00 06/17/2020 0.54% 3,427,889.55 3,429,004.46 99.00 0.74% 3,400,725.57 4,961.67 1.51% (28,278.89) Aaa / AA+ AAA 4.22 4.15 3137EAEU9 FHLMC Note 0.375% Due 07/21/2025 1,745,000.00 07/21/2020 0.48% 1,736,309.90 1,737,510.51 98.38 0.76% 1,716,706.57 1,272.40 0.76% (20,803.94) Aaa / AA+ AAA 4.31 4.26 3135G05X7 FNMA Note 0.375% Due 08/25/2025 2,755,000.00 08/25/2020 0.47% 2,742,106.60 2,743,640.52 98.16 0.80% 2,704,261.17 1,033.13 1.20% (39,379.35) Aaa / AA+ AAA 4.41 4.35 3137EAEX3 FHLMC Note 0.375% Due 09/23/2025 2,655,000.00 09/23/2020 0.44% 2,647,008.45 2,647,832.14 98.11 0.81% 2,604,828.47 221.25 1.15% (43,003.67) Aaa / AA+ AAA 4.48 4.43 3135G06G3 FNMA Note 0.500% Due 11/07/2025 2,860,000.00 11/09/2020 0.57% 2,849,761.20 2,850,548.37 98.44 0.85% 2,815,243.86 5,521.39 1.25% (35,304.51) Aaa / AA+ AAA 4.61 4.52 TOTAL Agency 76,570,000.00 1.64% 77,160,127.65 76,955,342.96 0.38% 78,831,782.33 310,343.09 35.02% 1,876,439.37 Aaa / AA+ Aaa 2.64 2.57 Corporate 369550BE7 General Dynamics Corp Note 3.000% Due 05/11/2021 1,130,000.00 05/08/2018 3.24% 1,122,146.50 1,129,713.38 100.28 0.50% 1,133,130.10 13,183.33 0.51% 3,416.72 A2 / A NR 0.11 0.11 166764BG4 Chevron Corp Callable Note Cont 4/15/2021 2.100% Due 05/16/2021 1,000,000.00 04/20/2017 2.09% 1,000,190.00 1,000,005.77 100.14 0.25% 1,001,440.00 7,875.00 0.45% 1,434.23 Aa2 / AA- NR 0.13 0.04 857477AV5 State Street Bank Note 1.950% Due 05/19/2021 1,800,000.00 Various 1.91% 1,802,989.00 1,800,087.58 100.21 0.37% 1,803,774.61 12,870.00 0.80% 3,687.03 A1 / A AA- 0.13 0.13 594918BP8 Microsoft Callable Note Cont 7/8/2021 1.550% Due 08/08/2021 1,850,000.00 Various 1.59% 1,846,471.85 1,849,747.41 100.36 0.20% 1,856,734.00 4,221.60 0.82% 6,986.59 Aaa / AAA AA+ 0.36 0.27 68389XBK0 Oracle Corp Callable Note Cont 8/15/2021 1.900% Due 09/15/2021 1,000,000.00 06/28/2018 3.08% 964,080.00 994,890.43 100.59 0.32% 1,005,860.00 844.44 0.45% 10,969.57 Baa2 / A BBB+ 0.46 0.37 91159HHP8 US Bancorp Callable Note Cont 12/23/2021 2.625% Due 01/24/2022 1,000,000.00 05/23/2017 2.35% 1,011,640.00 1,001,851.82 101.73 0.25% 1,017,287.00 4,885.42 0.45% 15,435.18 A1 / A+ A+ 0.82 0.72 808513AT2 Charles Schwab Corp Callable Note Cont 12/25/2022 2.650% Due 01/25/2023 2,000,000.00 05/21/2019 2.74% 1,993,920.00 1,996,993.95 103.95 0.36% 2,079,060.00 9,716.67 0.92% 82,066.05 A2 / A A 1.82 1.70 084670BR8 Berkshire Hathaway Callable Note Cont 1/15/2023 2.750% Due 03/15/2023 1,865,000.00 Various 3.35% 1,818,500.75 1,845,025.66 104.48 0.24% 1,948,566.92 2,279.44 0.86% 103,541.26 Aa2 / AA A+ 1.96 1.76 58933YAF2 Merck & Co Note 2.800% Due 05/18/2023 740,000.00 10/26/2018 3.41% 720,996.80 731,110.48 105.26 0.32% 778,935.84 7,654.89 0.35% 47,825.36 A1 / AA- A+ 2.13 2.06 46625HRL6 JP Morgan Chase Callable Note Cont 3/18/2023 2.700% Due 05/18/2023 500,000.00 12/20/2018 3.74% 479,055.00 489,866.58 104.32 0.49% 521,601.50 4,987.50 0.23% 31,734.92 A2 / A- AA- 2.13 1.91 As of March 31, 2021 33 720 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 69353RFL7 PNC Bank Callable Note Cont 5/9/2023 3.500% Due 06/08/2023 2,210,000.00 Various 3.53% 2,206,955.80 2,208,667.24 106.25 0.51% 2,348,211.19 24,279.30 1.05% 139,543.95 A2 / A A+ 2.19 2.03 166764AH3 Chevron Corp Callable Note Cont 3/24/2023 3.191% Due 06/24/2023 1,000,000.00 11/08/2018 3.59% 983,170.00 991,864.83 105.40 0.45% 1,054,016.00 8,597.97 0.47% 62,151.17 Aa2 / AA- NR 2.23 1.92 931142EK5 Wal-Mart Stores Callable Note Cont 5/26/2023 3.400% Due 06/26/2023 1,380,000.00 Various 3.41% 1,379,641.30 1,379,839.61 106.65 0.30% 1,471,821.07 12,381.66 0.66% 91,981.46 Aa2 / AA AA 2.24 2.08 02665WCJ8 American Honda Finance Note 3.450% Due 07/14/2023 1,000,000.00 Various 3.54% 996,275.00 998,159.69 106.66 0.52% 1,066,559.00 7,379.17 0.48% 68,399.31 A3 / A- NR 2.29 2.20 06406RAJ6 Bank of NY Mellon Corp Note 3.450% Due 08/11/2023 1,200,000.00 08/24/2018 3.42% 1,201,836.00 1,200,874.87 106.98 0.47% 1,283,721.60 5,750.00 0.57% 82,846.73 A1 / A AA- 2.36 2.28 06051GHF9 Bank of America Corp Callable Note 1X 3/5/2023 3.550% Due 03/05/2024 2,400,000.00 Various 2.76% 2,434,650.00 2,420,637.53 105.51 0.67% 2,532,228.00 6,153.33 1.12% 111,590.47 A2 / A- A+ 2.93 1.87 89114QCB2 Toronto Dominion Bank Note 3.250% Due 03/11/2024 2,300,000.00 03/26/2019 2.95% 2,331,234.00 2,318,550.58 107.56 0.65% 2,473,861.60 4,152.78 1.10% 155,311.02 Aa3 / A AA- 2.95 2.82 037833CU2 Apple Inc Callable Note Cont 3/11/2024 2.850% Due 05/11/2024 3,000,000.00 Various 2.56% 3,038,334.00 3,024,350.00 106.66 0.57% 3,199,689.00 33,250.00 1.43% 175,339.00 Aa1 / AA+ NR 3.12 2.81 24422ETT6 John Deere Capital Corp Note 2.650% Due 06/24/2024 2,000,000.00 Various 1.31% 2,093,680.00 2,083,552.72 106.25 0.69% 2,125,042.00 14,280.56 0.95% 41,489.28 A2 / A A 3.24 3.09 02665WCZ2 American Honda Finance Note 2.400% Due 06/27/2024 1,500,000.00 07/10/2019 2.49% 1,493,742.00 1,495,914.34 104.81 0.89% 1,572,160.50 9,400.00 0.70% 76,246.16 A3 / A- NR 3.24 3.11 78013XZU5 Royal Bank of Canada Note 2.550% Due 07/16/2024 2,500,000.00 09/10/2019 2.28% 2,531,325.00 2,521,284.71 105.45 0.87% 2,636,337.50 13,281.25 1.17% 115,052.79 A2 / A AA 3.30 3.15 46647PAU0 JP Morgan Chase & Co Callable Note 1X 7/23/2023 3.797% Due 07/23/2024 2,500,000.00 09/12/2019 2.11% 2,632,175.00 2,590,180.35 107.03 0.83% 2,675,675.00 17,930.28 1.19% 85,494.65 A2 / A- AA- 3.32 3.12 90331HPL1 US Bank NA Callable Note Cont 12/21/2024 2.050% Due 01/21/2025 2,610,000.00 01/16/2020 2.10% 2,604,440.70 2,605,767.39 103.68 1.04% 2,705,925.33 10,403.75 1.20% 100,157.94 A1 / AA- AA- 3.81 3.58 00440EAS6 Chubb INA Holdings Inc Note 3.150% Due 03/15/2025 2,500,000.00 Various 0.76% 2,753,600.00 2,732,028.09 107.58 1.18% 2,689,527.50 3,500.00 1.19% (42,500.59) A3 / A A 3.96 3.73 438516CB0 Honeywell Intl Callable Note Cont 5/1/2025 1.350% Due 06/01/2025 2,500,000.00 06/23/2020 0.85% 2,559,500.00 2,550,092.89 101.36 1.01% 2,533,875.00 11,250.00 1.13% (16,217.89) A2 / A A 4.17 3.95 78015K7H1 Royal Bank of Canada Note 1.150% Due 06/10/2025 1,000,000.00 02/22/2021 0.86% 1,012,240.00 1,011,958.80 99.74 1.21% 997,352.00 3,545.83 0.44% (14,606.80) A2 / A AA 4.20 4.07 89114QCK2 Toronto Dominion Bank Note 0.750% Due 09/11/2025 1,000,000.00 02/16/2021 0.81% 997,230.00 997,299.83 97.92 1.23% 979,235.00 416.67 0.43% (18,064.83) Aa3 / A AA- 4.45 4.35 As of March 31, 2021 34 721 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 06051GHY8 Bank of America Corp Callable Note Cont 2/13/2025 2.015% Due 02/13/2026 1,250,000.00 03/04/2021 1.09% 1,291,725.00 1,291,169.59 102.39 1.27% 1,279,851.25 3,358.33 0.57% (11,318.34) A2 / A- A+ 4.88 4.63 TOTAL Corporate 46,735,000.00 2.33% 47,301,743.70 47,261,486.12 0.67% 48,771,478.51 257,829.17 21.69% 1,509,992.39 A1 / A+ A+ 2.66 2.45 Money Market Fund 31846V203 First American Govt Obligation Fund Class Y 7,546,800.68 Various 0.01% 7,546,800.68 7,546,800.68 1.00 0.01% 7,546,800.68 0.00 3.34% 0.00 Aaa / AAA AAA 0.00 0.00 TOTAL Money Market Fund 7,546,800.68 0.01% 7,546,800.68 7,546,800.68 0.01% 7,546,800.68 0.00 3.34% 0.00 Aaa / AAA Aaa 0.00 0.00 Supranational 459058FY4 Intl. Bank Recon & Development Note 2.000% Due 01/26/2022 2,000,000.00 10/26/2017 2.12% 1,990,320.00 1,998,125.24 101.48 0.19% 2,029,618.00 7,222.22 0.90% 31,492.76 Aaa / NR AAA 0.82 0.81 4581X0CZ9 Inter-American Dev Bank Note 1.750% Due 09/14/2022 2,500,000.00 11/28/2017 2.18% 2,451,675.00 2,485,328.43 102.20 0.23% 2,554,950.00 2,065.97 1.13% 69,621.57 Aaa / AAA AAA 1.46 1.44 459058JB0 Intl. Bank Recon & Development Note 0.625% Due 04/22/2025 2,260,000.00 04/15/2020 0.70% 2,251,253.80 2,252,901.50 99.58 0.73% 2,250,476.36 6,238.54 1.00% (2,425.14) Aaa / AAA NR 4.06 3.99 4581X0DN5 Inter-American Dev Bank Note 0.625% Due 07/15/2025 1,685,000.00 01/13/2021 0.53% 1,692,329.75 1,691,990.49 99.01 0.86% 1,668,394.33 2,223.26 0.74% (23,596.16) Aaa / AAA NR 4.29 4.21 459058JL8 Intl. Bank Recon & Development Note 0.500% Due 10/28/2025 6,000,000.00 Various 0.55% 5,986,632.00 5,987,104.73 98.13 0.92% 5,887,854.00 12,750.00 2.61% (99,250.73) Aaa / AAA AAA 4.58 4.50 TOTAL Supranational 14,445,000.00 1.08% 14,372,210.55 14,415,450.39 0.66% 14,391,292.69 30,499.99 6.38% (24,157.70) Aaa / AAA Aaa 3.38 3.32 US Treasury 912828U65 US Treasury Note 1.750% Due 11/30/2021 2,000,000.00 12/28/2016 2.06% 1,971,569.20 1,996,155.43 101.13 0.06% 2,022,500.00 11,730.77 0.90% 26,344.57 Aaa / AA+ AAA 0.67 0.66 912828V72 US Treasury Note 1.875% Due 01/31/2022 1,500,000.00 02/27/2017 1.84% 1,502,407.37 1,500,408.37 101.50 0.08% 1,522,500.00 4,661.60 0.68% 22,091.63 Aaa / AA+ AAA 0.84 0.83 912828J76 US Treasury Note 1.750% Due 03/31/2022 3,000,000.00 04/25/2017 1.85% 2,985,830.37 2,997,134.59 101.66 0.09% 3,049,686.00 143.44 1.35% 52,551.41 Aaa / AA+ AAA 1.00 1.00 912828WZ9 US Treasury Note 1.750% Due 04/30/2022 2,750,000.00 05/23/2017 1.84% 2,738,944.75 2,747,582.81 101.77 0.11% 2,798,661.25 20,228.37 1.25% 51,078.44 Aaa / AA+ AAA 1.08 1.07 As of March 31, 2021 35 722 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 912828XR6 US Treasury Note 1.750% Due 05/31/2022 1,500,000.00 06/28/2017 1.81% 1,496,020.65 1,499,058.86 101.91 0.12% 1,528,593.00 8,798.08 0.68% 29,534.14 Aaa / AA+ AAA 1.17 1.15 912828XW5 US Treasury Note 1.750% Due 06/30/2022 3,000,000.00 07/25/2017 1.86% 2,984,072.55 2,995,973.89 102.04 0.12% 3,061,056.00 13,197.51 1.36% 65,082.11 Aaa / AA+ AAA 1.25 1.24 912828L24 US Treasury Note 1.875% Due 08/31/2022 2,000,000.00 09/27/2017 1.92% 1,995,944.20 1,998,833.79 102.46 0.13% 2,049,218.00 3,260.87 0.91% 50,384.21 Aaa / AA+ AAA 1.42 1.40 912828L57 US Treasury Note 1.750% Due 09/30/2022 3,750,000.00 Various 2.02% 3,702,841.80 3,735,576.02 102.42 0.14% 3,840,675.00 179.31 1.70% 105,098.98 Aaa / AA+ AAA 1.50 1.49 912828M49 US Treasury Note 1.875% Due 10/31/2022 1,000,000.00 01/30/2018 2.47% 973,359.38 991,119.79 102.73 0.14% 1,027,344.00 7,872.93 0.46% 36,224.21 Aaa / AA+ AAA 1.59 1.55 9128284D9 US Treasury Note 2.500% Due 03/31/2023 3,750,000.00 Various 2.75% 3,706,123.05 3,732,261.05 104.65 0.17% 3,924,461.25 256.15 1.74% 192,200.20 Aaa / AA+ AAA 2.00 1.96 912828R69 US Treasury Note 1.625% Due 05/31/2023 1,500,000.00 05/30/2018 2.67% 1,427,167.97 1,468,489.98 103.07 0.20% 1,546,054.50 8,169.64 0.69% 77,564.52 Aaa / AA+ AAA 2.17 2.13 912828U57 US Treasury Note 2.125% Due 11/30/2023 5,000,000.00 Various 2.53% 4,908,242.19 4,949,512.89 104.92 0.27% 5,245,900.00 35,611.27 2.34% 296,387.11 Aaa / AA+ AAA 2.67 2.59 912828V80 US Treasury Note 2.250% Due 01/31/2024 5,000,000.00 Various 2.32% 4,983,691.41 4,990,401.33 105.44 0.32% 5,272,070.00 18,646.40 2.34% 281,668.67 Aaa / AA+ AAA 2.84 2.75 912828WJ5 US Treasury Note 2.500% Due 05/15/2024 1,750,000.00 06/10/2019 1.91% 1,798,261.72 1,780,565.76 106.55 0.39% 1,864,707.25 16,557.32 0.83% 84,141.49 Aaa / AA+ AAA 3.13 3.00 9128282N9 US Treasury Note 2.125% Due 07/31/2024 2,000,000.00 08/30/2019 1.44% 2,064,531.25 2,043,703.13 105.52 0.46% 2,110,468.00 7,044.20 0.94% 66,764.87 Aaa / AA+ AAA 3.34 3.22 912828YH7 US Treasury Note 1.500% Due 09/30/2024 3,500,000.00 Various 1.65% 3,474,941.41 3,481,913.28 103.41 0.51% 3,619,493.50 143.45 1.60% 137,580.22 Aaa / AA+ AAA 3.50 3.42 9128283J7 US Treasury Note 2.125% Due 11/30/2024 3,000,000.00 Various 1.76% 3,051,650.40 3,038,183.68 105.67 0.56% 3,170,040.00 21,366.76 1.41% 131,856.32 Aaa / AA+ AAA 3.67 3.52 912828ZC7 US Treasury Note 1.125% Due 02/28/2025 3,500,000.00 03/24/2020 0.52% 3,603,222.66 3,581,901.82 101.84 0.65% 3,564,393.00 3,423.91 1.58% (17,508.82) Aaa / AA+ AAA 3.92 3.83 912828ZL7 US Treasury Note 0.375% Due 04/30/2025 4,000,000.00 Various 0.38% 3,998,593.75 3,998,822.85 98.71 0.70% 3,948,280.00 6,298.34 1.75% (50,542.85) Aaa / AA+ AAA 4.08 4.03 91282CAM3 US Treasury Note 0.250% Due 09/30/2025 2,500,000.00 10/16/2020 0.32% 2,491,406.25 2,492,186.20 97.49 0.82% 2,437,305.00 17.08 1.08% (54,881.20) Aaa / AA+ AAA 4.50 4.46 91282CBC4 US Treasury Note 0.375% Due 12/31/2025 1,000,000.00 12/29/2020 0.38% 999,921.88 999,925.77 97.61 0.89% 976,133.00 942.68 0.43% (23,792.77) Aaa / AA+ AAA 4.76 4.69 91282CBH3 US Treasury Note 0.375% Due 01/31/2026 4,000,000.00 02/23/2021 0.58% 3,960,625.00 3,961,411.63 97.47 0.91% 3,898,752.00 2,486.19 1.73% (62,659.63) Aaa / AA+ AAA 4.84 4.77 As of March 31, 2021 36 723 Holdings Report City of Dublin -Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 91282CBQ3 US Treasury Note 0.500% Due 02/28/2026 2,500,000.00 03/26/2021 0.83% 2,459,960.94 2,460,027.78 97.99 0.92% 2,449,805.00 1,086.96 1.08% (10,222.78) Aaa / AA+ AAA 4.92 4.84 91282CBT7 US Treasury Note 0.750% Due 03/31/2026 3,000,000.00 03/30/2021 0.90% 2,977,382.81 2,977,395.20 99.09 0.94% 2,972,577.00 61.48 1.32% (4,818.20) Aaa / AA+ AAA 5.00 4.89 TOTAL US Treasury 66,500,000.00 1.63% 66,256,712.96 66,418,545.90 0.42% 67,900,672.75 192,184.71 30.13% 1,482,126.85 Aaa / AA+ Aaa 2.85 2.79 TOTAL PORTFOLIO 219,526,310.09 1.67% 220,386,206.17 220,337,531.92 0.46% 225,227,225.04 796,190.00 100.00% 4,889,693.12 Aa1 / AA+ Aaa 2.68 2.52 TOTAL MARKET VALUE PLUS ACCRUALS 226,023,415.04 As of March 31, 2021 37 724 Holdings Report City of Dublin Reporting Account -Account #10219 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration LAIF 90LAIF$00 Local Agency Investment Fund State Pool 50,268,758.51 Various 0.35% 50,268,758.51 50,268,758.51 1.00 0.35% 50,268,758.51 51,200.70 52.51% 0.00 NR / NR NR 0.00 0.00 TOTAL LAIF 50,268,758.51 0.35% 50,268,758.51 50,268,758.51 0.35% 50,268,758.51 51,200.70 52.51% 0.00 NR / NR NR 0.00 0.00 Local Gov Investment Pool 90CAMP$00 California Asset Mgmt Program CAMP 45,517,392.93 Various 0.07% 45,517,392.93 45,517,392.93 1.00 0.07% 45,517,392.93 0.00 47.49% 0.00 NR / AAA NR 0.00 0.00 TOTAL Local Gov Investment Pool 45,517,392.93 0.07% 45,517,392.93 45,517,392.93 0.07% 45,517,392.93 0.00 47.49% 0.00 NR / AAA NR 0.00 0.00 TOTAL PORTFOLIO 95,786,151.44 0.22% 95,786,151.44 95,786,151.44 0.22% 95,786,151.44 51,200.70 100.00% 0.00 NR / AAA NR 0.00 0.00 TOTAL MARKET VALUE PLUS ACCRUALS 95,837,352.14 As of March 31, 2021 38 725 SECTION |Section 5 |Transactions 39 726 Transaction Ledger City of Dublin -Account #10198 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/15/2021 4581X0DN5 1,685,000.00 Inter-American Dev Bank Note 0.625% Due: 07/15/2025 100.435 0.53%1,692,329.75 0.00 1,692,329.75 0.00 Purchase 01/28/2021 459058JL8 1,600,000.00 Intl. Bank Recon & Development Note 0.5% Due: 10/28/2025 100.064 0.49%1,601,024.00 2,000.00 1,603,024.00 0.00 Purchase 01/29/2021 00440EAS6 500,000.00 Chubb INA Holdings Inc Note 3.15% Due: 03/15/2025 109.972 0.70%549,860.00 5,862.50 555,722.50 0.00 Purchase 02/18/2021 89114QCK2 1,000,000.00 Toronto Dominion Bank Note 0.75% Due: 09/11/2025 99.723 0.81%997,230.00 3,270.83 1,000,500.83 0.00 Purchase 02/19/2021 459058JL8 2,000,000.00 Intl. Bank Recon & Development Note 0.5% Due: 10/28/2025 99.416 0.63%1,988,320.00 3,083.33 1,991,403.33 0.00 Purchase 02/24/2021 78015K7H1 1,000,000.00 Royal Bank of Canada Note 1.15% Due: 06/10/2025 101.224 0.86%1,012,240.00 2,363.89 1,014,603.89 0.00 Purchase 02/24/2021 91282CBH3 4,000,000.00 US Treasury Note 0.375% Due: 01/31/2026 99.016 0.58%3,960,625.00 994.48 3,961,619.48 0.00 Purchase 03/08/2021 06051GHY8 1,250,000.00 Bank of America Corp Callable Note Cont 2/13/2025 2.015% Due: 02/13/2026 103.338 1.09%1,291,725.00 1,749.13 1,293,474.13 0.00 Purchase 03/10/2021 47788UAC6 800,000.00 John Deere Owner Trust 2021-A A3 0.36% Due: 09/15/2025 99.981 0.37%799,846.24 0.00 799,846.24 0.00 Purchase 03/26/2021 24422ETT6 1,000,000.00 John Deere Capital Corp Note 2.65% Due: 06/24/2024 106.400 0.65%1,064,000.00 6,772.22 1,070,772.22 0.00 Purchase 03/29/2021 91282CBQ3 2,500,000.00 US Treasury Note 0.5% Due: 02/28/2026 98.398 0.83%2,459,960.94 985.05 2,460,945.99 0.00 Purchase 03/31/2021 91282CBT7 3,000,000.00 US Treasury Note 0.75% Due: 03/31/2026 99.246 0.90%2,977,382.81 0.00 2,977,382.81 0.00 Subtotal 20,335,000.00 20,394,543.74 27,081.43 20,421,625.17 0.00 TOTAL ACQUISITIONS 20,335,000.00 20,394,543.74 27,081.43 20,421,625.17 0.00 December 31, 2020 through March 31, 2021 As of March 31, 2021 40 727 Transaction Ledger City of Dublin -Account #10198 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Sale 01/27/2021 912828U65 500,000.00 US Treasury Note 1.75% Due: 11/30/2021 101.402 2.06%507,011.72 1,394.23 508,405.95 8,226.00 Sale 01/29/2021 3130A7CV5 470,000.00 FHLB Note 1.375% Due: 02/18/2021 100.069 1.45%470,324.30 2,890.17 473,214.47 343.35 Subtotal 970,000.00 977,336.02 4,284.40 981,620.42 8,569.35 Call 03/26/2021 44932HAH6 2,000,000.00 IBM Credit Corp Note 3% Due: 02/06/2023 105.103 3.09%2,102,063.48 8,333.33 2,110,396.81 0.00 Subtotal 2,000,000.00 2,102,063.48 8,333.33 2,110,396.81 0.00 Maturity 01/08/2021 24422ETF6 750,000.00 John Deere Capital Corp Note 2.55% Due: 01/08/2021 100.000 750,000.00 0.00 750,000.00 0.00 Maturity 02/18/2021 3130A7CV5 3,000,000.00 FHLB Note 1.375% Due: 02/18/2021 100.000 3,000,000.00 0.00 3,000,000.00 0.00 Maturity 02/26/2021 3135G0J20 5,000,000.00 FNMA Note 1.375% Due: 02/26/2021 100.000 5,000,000.00 0.00 5,000,000.00 0.00 Maturity 03/01/2021 30231GAV4 1,800,000.00 Exxon Mobil Corp Callable Note Cont 2/1/2021 2.222% Due: 03/01/2021 100.000 1,800,000.00 0.00 1,800,000.00 0.00 Subtotal 10,550,000.00 10,550,000.00 0.00 10,550,000.00 0.00 TOTAL DISPOSITIONS 13,520,000.00 13,629,399.50 12,617.73 13,642,017.23 8,569.35 December 31, 2020 through March 31, 2021 As of March 31, 2021 41 728 Transaction Ledger City of Dublin Reporting Account -Account #10219 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/15/2021 90LAIF$00 79,355.81 Local Agency Investment Fund State Pool 1.000 0.52%79,355.81 0.00 79,355.81 0.00 Purchase 01/31/2021 90CAMP$00 6,007.80 California Asset Mgmt Program CAMP 1.000 0.11%6,007.80 0.00 6,007.80 0.00 Purchase 02/28/2021 90CAMP$00 3,355.74 California Asset Mgmt Program CAMP 1.000 0.09%3,355.74 0.00 3,355.74 0.00 Subtotal 88,719.35 88,719.35 0.00 88,719.35 0.00 Security Contribution 01/08/2021 90CAMP$00 1,700,000.00 California Asset Mgmt Program CAMP 1.000 1,700,000.00 0.00 1,700,000.00 0.00 Security Contribution 02/26/2021 90CAMP$00 2,800,000.00 California Asset Mgmt Program CAMP 1.000 2,800,000.00 0.00 2,800,000.00 0.00 Security Contribution 03/31/2021 90CAMP$00 802,935.30 California Asset Mgmt Program CAMP 1.000 802,935.30 0.00 802,935.30 0.00 Subtotal 5,302,935.30 5,302,935.30 0.00 5,302,935.30 0.00 TOTAL ACQUISITIONS 5,391,654.65 5,391,654.65 0.00 5,391,654.65 0.00 DISPOSITIONS Security Withdrawal 01/15/2021 90CAMP$00 1,500,000.00 California Asset Mgmt Program CAMP 1.000 1,500,000.00 0.00 1,500,000.00 0.00 Security Withdrawal 01/22/2021 90CAMP$00 3,200,000.00 California Asset Mgmt Program CAMP 1.000 3,200,000.00 0.00 3,200,000.00 0.00 Security Withdrawal 02/05/2021 90CAMP$00 11,300,000.00 California Asset Mgmt Program CAMP 1.000 11,300,000.00 0.00 11,300,000.00 0.00 Security Withdrawal 02/08/2021 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 02/12/2021 90CAMP$00 600,000.00 California Asset Mgmt Program CAMP 1.000 600,000.00 0.00 600,000.00 0.00 December 31, 2020 through March 31, 2021 As of March 31, 2021 42 729 Transaction Ledger City of Dublin Reporting Account -Account #10219 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Security Withdrawal 02/19/2021 90CAMP$00 1,800,000.00 California Asset Mgmt Program CAMP 1.000 1,800,000.00 0.00 1,800,000.00 0.00 Subtotal 19,400,000.00 19,400,000.00 0.00 19,400,000.00 0.00 TOTAL DISPOSITIONS 19,400,000.00 19,400,000.00 0.00 19,400,000.00 0.00 December 31, 2020 through March 31, 2021 As of March 31, 2021 43 730 Transaction Ledger City of Dublin Consolidated -Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/15/2021 4581X0DN5 1,685,000.00 Inter-American Dev Bank Note 0.625% Due: 07/15/2025 100.435 0.53%1,692,329.75 0.00 1,692,329.75 0.00 Purchase 01/15/2021 90LAIF$00 79,355.81 Local Agency Investment Fund State Pool 1.000 0.52%79,355.81 0.00 79,355.81 0.00 Purchase 01/28/2021 459058JL8 1,600,000.00 Intl. Bank Recon & Development Note 0.5% Due: 10/28/2025 100.064 0.49%1,601,024.00 2,000.00 1,603,024.00 0.00 Purchase 01/29/2021 00440EAS6 500,000.00 Chubb INA Holdings Inc Note 3.15% Due: 03/15/2025 109.972 0.70%549,860.00 5,862.50 555,722.50 0.00 Purchase 01/31/2021 90CAMP$00 6,007.80 California Asset Mgmt Program CAMP 1.000 0.11%6,007.80 0.00 6,007.80 0.00 Purchase 02/18/2021 89114QCK2 1,000,000.00 Toronto Dominion Bank Note 0.75% Due: 09/11/2025 99.723 0.81%997,230.00 3,270.83 1,000,500.83 0.00 Purchase 02/19/2021 459058JL8 2,000,000.00 Intl. Bank Recon & Development Note 0.5% Due: 10/28/2025 99.416 0.63%1,988,320.00 3,083.33 1,991,403.33 0.00 Purchase 02/24/2021 78015K7H1 1,000,000.00 Royal Bank of Canada Note 1.15% Due: 06/10/2025 101.224 0.86%1,012,240.00 2,363.89 1,014,603.89 0.00 Purchase 02/24/2021 91282CBH3 4,000,000.00 US Treasury Note 0.375% Due: 01/31/2026 99.016 0.58%3,960,625.00 994.48 3,961,619.48 0.00 Purchase 02/28/2021 90CAMP$00 3,355.74 California Asset Mgmt Program CAMP 1.000 0.09%3,355.74 0.00 3,355.74 0.00 Purchase 03/08/2021 06051GHY8 1,250,000.00 Bank of America Corp Callable Note Cont 2/13/2025 2.015% Due: 02/13/2026 103.338 1.09%1,291,725.00 1,749.13 1,293,474.13 0.00 Purchase 03/10/2021 47788UAC6 800,000.00 John Deere Owner Trust 2021-A A3 0.36% Due: 09/15/2025 99.981 0.37%799,846.24 0.00 799,846.24 0.00 Purchase 03/26/2021 24422ETT6 1,000,000.00 John Deere Capital Corp Note 2.65% Due: 06/24/2024 106.400 0.65%1,064,000.00 6,772.22 1,070,772.22 0.00 Purchase 03/29/2021 91282CBQ3 2,500,000.00 US Treasury Note 0.5% Due: 02/28/2026 98.398 0.83%2,459,960.94 985.05 2,460,945.99 0.00 Purchase 03/31/2021 91282CBT7 3,000,000.00 US Treasury Note 0.75% Due: 03/31/2026 99.246 0.90%2,977,382.81 0.00 2,977,382.81 0.00 Subtotal 20,423,719.35 20,483,263.09 27,081.43 20,510,344.52 0.00 Security Contribution 01/08/2021 90CAMP$00 1,700,000.00 California Asset Mgmt Program CAMP 1.000 1,700,000.00 0.00 1,700,000.00 0.00 December 31, 2020 through March 31, 2021 As of March 31, 2021 44 731 Transaction Ledger City of Dublin Consolidated -Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Security Contribution 02/26/2021 90CAMP$00 2,800,000.00 California Asset Mgmt Program CAMP 1.000 2,800,000.00 0.00 2,800,000.00 0.00 Security Contribution 03/31/2021 90CAMP$00 802,935.30 California Asset Mgmt Program CAMP 1.000 802,935.30 0.00 802,935.30 0.00 Subtotal 5,302,935.30 5,302,935.30 0.00 5,302,935.30 0.00 TOTAL ACQUISITIONS 25,726,654.65 25,786,198.39 27,081.43 25,813,279.82 0.00 DISPOSITIONS Sale 01/27/2021 912828U65 500,000.00 US Treasury Note 1.75% Due: 11/30/2021 101.402 2.06%507,011.72 1,394.23 508,405.95 8,226.00 Sale 01/29/2021 3130A7CV5 470,000.00 FHLB Note 1.375% Due: 02/18/2021 100.069 1.45%470,324.30 2,890.17 473,214.47 343.35 Subtotal 970,000.00 977,336.02 4,284.40 981,620.42 8,569.35 Call 03/26/2021 44932HAH6 2,000,000.00 IBM Credit Corp Note 3% Due: 02/06/2023 105.103 3.09%2,102,063.48 8,333.33 2,110,396.81 0.00 Subtotal 2,000,000.00 2,102,063.48 8,333.33 2,110,396.81 0.00 Maturity 01/08/2021 24422ETF6 750,000.00 John Deere Capital Corp Note 2.55% Due: 01/08/2021 100.000 750,000.00 0.00 750,000.00 0.00 Maturity 02/18/2021 3130A7CV5 3,000,000.00 FHLB Note 1.375% Due: 02/18/2021 100.000 3,000,000.00 0.00 3,000,000.00 0.00 Maturity 02/26/2021 3135G0J20 5,000,000.00 FNMA Note 1.375% Due: 02/26/2021 100.000 5,000,000.00 0.00 5,000,000.00 0.00 December 31, 2020 through March 31, 2021 As of March 31, 2021 45 732 Transaction Ledger City of Dublin Consolidated -Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Maturity 03/01/2021 30231GAV4 1,800,000.00 Exxon Mobil Corp Callable Note Cont 2/1/2021 2.222% Due: 03/01/2021 100.000 1,800,000.00 0.00 1,800,000.00 0.00 Subtotal 10,550,000.00 10,550,000.00 0.00 10,550,000.00 0.00 Security Withdrawal 01/15/2021 90CAMP$00 1,500,000.00 California Asset Mgmt Program CAMP 1.000 1,500,000.00 0.00 1,500,000.00 0.00 Security Withdrawal 01/22/2021 90CAMP$00 3,200,000.00 California Asset Mgmt Program CAMP 1.000 3,200,000.00 0.00 3,200,000.00 0.00 Security Withdrawal 02/05/2021 90CAMP$00 11,300,000.00 California Asset Mgmt Program CAMP 1.000 11,300,000.00 0.00 11,300,000.00 0.00 Security Withdrawal 02/08/2021 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 02/12/2021 90CAMP$00 600,000.00 California Asset Mgmt Program CAMP 1.000 600,000.00 0.00 600,000.00 0.00 Security Withdrawal 02/19/2021 90CAMP$00 1,800,000.00 California Asset Mgmt Program CAMP 1.000 1,800,000.00 0.00 1,800,000.00 0.00 Subtotal 19,400,000.00 19,400,000.00 0.00 19,400,000.00 0.00 TOTAL DISPOSITIONS 32,920,000.00 33,029,399.50 12,617.73 33,042,017.23 8,569.35 December 31, 2020 through March 31, 2021 As of March 31, 2021 46 733 Important Disclosures 2021 Chandler Asset Management,Inc, An Independent Registered Investment Adviser. Information contained herein is confidential.Prices are provided by IDC,an independent pricing source.In the event IDC does not provide a price or if the price provided is not reflective of fair market value,Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures.Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. Performance results are presented gross-of-advisory fees and represent the client’s Total Return.The deduction of advisory fees lowers performance results.These results include the reinvestment of dividends and other earnings.Past performance may not be indicative of future results.Therefore,clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels.All investment strategies have the potential for profit or loss.Economic factors,market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio. Index returns assume reinvestment of all distributions.Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee,the incurrence of which would have the effect of decreasing historical performance results.It is not possible to invest directly in an index. Source ice Data Indices,LLC ("ICE"),used with permission. ICE permits use of the ICE indices and related data on an "as is"basis; ICE,its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied,including any warranties of merchantability or fitness for a particular purpose or use,including the indices,index data and any data included in,related to,or derived therefrom.Neither ICE data,its affiliates or their respective third party providers guarantee the quality,adequacy,accuracy,timeliness or completeness of the indices or the index data or any component thereof,and the indices and index data and all components thereof are provided on an "as is"basis and licensee's use it at licensee's own risk. ICE data,its affiliates and their respective third party do not sponsor,endorse,or recommend chandler asset management,or any of its products or services. This report is provided for informational purposes only and should not be construed as a specific investment or legal advice.The information contained herein was obtained from sources believed to be reliable as of the date of publication,but may become outdated or superseded at any time without notice.Any opinions or views expressed are based on current market conditions and are subject to change.This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results.Past performance is not indicative of future results.This report is not intended to constitute an offer,solicitation,recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest, credit and market risk.Interest rate risk:the value of fixed income investments will decline as interest rates rise.Credit risk:the possibility that the borrower may not be able to repay interest and principal.Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk.Market risk:the bond market in general could decline due to economic conditions,especially during periods of rising interest rates. Ratings information have been provided by Moody’s,S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy. Security level ratings for U.S.Agency issued mortgage-backed securities (“MBS”)reflect the issuer rating because the securities themselves are not rated.The issuing U.S.Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P,Moody’s and Fitch respectively. As of March 31, 2021 47 734 Benchmark Disclosures ICE BAML 1-5 Yr US Treasury/Agency Index The ICE BAML 1-5 Year US Treasury &Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market.Qualifying securities must have an investment grade rating (based on an average of Moody’s,S&P and Fitch).Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity,at least 18 months to maturity at time of issuance,a fixed coupon schedule and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.(Index:GVA0.Please visit www.mlindex.ml.com for more information) The ICE BAML 1-3 Year US Treasury &Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market.Qualifying securities must have an investment grade rating (based on an average of Moody’s,S&P and Fitch).Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity,at least 18 months to maturity at time of issuance,a fixed coupon schedule and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.(Index:G1A0.Please visit www.mlindex.ml.com for more information) As of March 31, 2021 48 735 Transaction Ledger As of January 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/04/2021 31846V203 10.30 First American Govt Obligation Fund Class Y 1.000 0.01%10.30 0.00 10.30 0.00 Purchase 01/05/2021 31846V203 25,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%25,000.00 0.00 25,000.00 0.00 Purchase 01/07/2021 31846V203 34,125.00 First American Govt Obligation Fund Class Y 1.000 0.01%34,125.00 0.00 34,125.00 0.00 Purchase 01/08/2021 31846V203 750,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%750,000.00 0.00 750,000.00 0.00 Purchase 01/08/2021 31846V203 9,562.50 First American Govt Obligation Fund Class Y 1.000 0.01%9,562.50 0.00 9,562.50 0.00 Purchase 01/10/2021 31846V203 2,937.50 First American Govt Obligation Fund Class Y 1.000 0.01%2,937.50 0.00 2,937.50 0.00 Purchase 01/14/2021 31846V203 31,312.50 First American Govt Obligation Fund Class Y 1.000 0.01%31,312.50 0.00 31,312.50 0.00 Purchase 01/15/2021 31846V203 2,541.17 First American Govt Obligation Fund Class Y 1.000 0.01%2,541.17 0.00 2,541.17 0.00 Purchase 01/15/2021 31846V203 375.83 First American Govt Obligation Fund Class Y 1.000 0.01%375.83 0.00 375.83 0.00 Purchase 01/15/2021 31846V203 218.88 First American Govt Obligation Fund Class Y 1.000 0.01%218.88 0.00 218.88 0.00 Purchase 01/15/2021 31846V203 97,880.89 First American Govt Obligation Fund Class Y 1.000 0.01%97,880.89 0.00 97,880.89 0.00 Purchase 01/15/2021 31846V203 77,654.38 First American Govt Obligation Fund Class Y 1.000 0.01%77,654.38 0.00 77,654.38 0.00 Purchase 01/15/2021 31846V203 25,014.87 First American Govt Obligation Fund Class Y 1.000 0.01%25,014.87 0.00 25,014.87 0.00 Purchase 01/15/2021 31846V203 91,167.37 First American Govt Obligation Fund Class Y 1.000 0.01%91,167.37 0.00 91,167.37 0.00 Purchase 01/15/2021 31846V203 67,575.42 First American Govt Obligation Fund Class Y 1.000 0.01%67,575.42 0.00 67,575.42 0.00 Purchase 01/15/2021 31846V203 104,729.68 First American Govt Obligation Fund Class Y 1.000 0.01%104,729.68 0.00 104,729.68 0.00 Execution Time: 2/3/2021 11:52:56 AMChandler Asset Management - CONFIDENTIAL Page 10 Attachment 2 736 Transaction Ledger As of January 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/15/2021 4581X0DN5 1,685,000.00 Inter-American Dev Bank Note 0.625% Due 7/15/2025 100.435 0.53%1,692,329.75 0.00 1,692,329.75 0.00 Purchase 01/15/2021 90LAIF$00 79,355.81 Local Agency Investment Fund State Pool 1.000 0.52%79,355.81 0.00 79,355.81 0.00 Purchase 01/16/2021 31846V203 31,875.00 First American Govt Obligation Fund Class Y 1.000 0.01%31,875.00 0.00 31,875.00 0.00 Purchase 01/19/2021 31846V203 29,687.50 First American Govt Obligation Fund Class Y 1.000 0.01%29,687.50 0.00 29,687.50 0.00 Purchase 01/19/2021 31846V203 345.33 First American Govt Obligation Fund Class Y 1.000 0.01%345.33 0.00 345.33 0.00 Purchase 01/19/2021 31846V203 35,312.97 First American Govt Obligation Fund Class Y 1.000 0.01%35,312.97 0.00 35,312.97 0.00 Purchase 01/21/2021 31846V203 29,988.02 First American Govt Obligation Fund Class Y 1.000 0.01%29,988.02 0.00 29,988.02 0.00 Purchase 01/21/2021 31846V203 71,373.93 First American Govt Obligation Fund Class Y 1.000 0.01%71,373.93 0.00 71,373.93 0.00 Purchase 01/23/2021 31846V203 47,462.50 First American Govt Obligation Fund Class Y 1.000 0.01%47,462.50 0.00 47,462.50 0.00 Purchase 01/24/2021 31846V203 13,125.00 First American Govt Obligation Fund Class Y 1.000 0.01%13,125.00 0.00 13,125.00 0.00 Purchase 01/25/2021 31846V203 26,500.00 First American Govt Obligation Fund Class Y 1.000 0.01%26,500.00 0.00 26,500.00 0.00 Purchase 01/26/2021 31846V203 43,125.00 First American Govt Obligation Fund Class Y 1.000 0.01%43,125.00 0.00 43,125.00 0.00 Purchase 01/27/2021 31846V203 508,405.95 First American Govt Obligation Fund Class Y 1.000 0.01%508,405.95 0.00 508,405.95 0.00 Purchase 01/28/2021 459058JL8 1,600,000.00 Intl. Bank Recon & Development Note 0.5% Due 10/28/2025 100.064 0.49%1,601,024.00 2,000.00 1,603,024.00 0.00 Purchase 01/29/2021 00440EAS6 500,000.00 Chubb INA Holdings Inc Note 3.15% Due 3/15/2025 109.972 0.70%549,860.00 5,862.50 555,722.50 0.00 Purchase 01/29/2021 31846V203 473,214.47 First American Govt Obligation Fund Class Y 1.000 0.01%473,214.47 0.00 473,214.47 0.00 Execution Time: 2/3/2021 11:52:56 AMChandler Asset Management - CONFIDENTIAL Page 11 737 Transaction Ledger As of January 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 01/31/2021 31846V203 91,562.50 First American Govt Obligation Fund Class Y 1.000 0.01%91,562.50 0.00 91,562.50 0.00 Purchase 01/31/2021 90CAMP$00 6,007.80 California Asset Mgmt Program CAMP 1.000 0.11%6,007.80 0.00 6,007.80 0.00 Subtotal 6,592,448.07 6,650,661.82 7,862.50 6,658,524.32 0.00 Security Contribution 01/08/2021 90CAMP$00 1,700,000.00 California Asset Mgmt Program CAMP 1.000 1,700,000.00 0.00 1,700,000.00 0.00 Subtotal 1,700,000.00 1,700,000.00 0.00 1,700,000.00 0.00 Short Sale 01/29/2021 31846V203 -555,722.50 First American Govt Obligation Fund Class Y 1.000 -555,722.50 0.00 -555,722.50 0.00 Subtotal -555,722.50 -555,722.50 0.00 -555,722.50 0.00 TOTAL ACQUISITIONS 7,736,725.57 7,794,939.32 7,862.50 7,802,801.82 0.00 DISPOSITIONS Closing Purchase 01/29/2021 31846V203 -555,722.50 First American Govt Obligation Fund Class Y 1.000 -555,722.50 0.00 -555,722.50 0.00 Subtotal -555,722.50 -555,722.50 0.00 -555,722.50 0.00 Sale 01/15/2021 31846V203 1,692,329.75 First American Govt Obligation Fund Class Y 1.000 0.01%1,692,329.75 0.00 1,692,329.75 0.00 Sale 01/27/2021 912828U65 500,000.00 US Treasury Note 1.75% Due 11/30/2021 101.402 2.06%507,011.72 1,394.23 508,405.95 8,226.00 Sale 01/28/2021 31846V203 1,603,024.00 First American Govt Obligation Fund Class Y 1.000 0.01%1,603,024.00 0.00 1,603,024.00 0.00 Sale 01/29/2021 3130A7CV5 470,000.00 FHLB Note 1.375% Due 2/18/2021 100.069 1.45%470,324.30 2,890.17 473,214.47 343.35 Sale 01/29/2021 31846V203 555,722.50 First American Govt Obligation Fund Class Y 1.000 0.01%555,722.50 0.00 555,722.50 0.00 Subtotal 4,821,076.25 4,828,412.27 4,284.40 4,832,696.67 8,569.35 Paydown 01/15/2021 43815NAB0 97,095.25 Honda Auto Receivables Trust 2019-3 A2 1.9% Due 4/15/2022 100.000 97,095.25 785.64 97,880.89 0.00 Execution Time: 2/3/2021 11:52:56 AMChandler Asset Management - CONFIDENTIAL Page 12 738 Transaction Ledger As of January 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 01/15/2021 477870AB5 77,235.41 John Deere Owner Trust 2019-B A2 2.28% Due 5/16/2022 100.000 77,235.41 418.97 77,654.38 0.00 Paydown 01/15/2021 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 100.000 0.00 218.88 218.88 0.00 Paydown 01/15/2021 47788CAC6 24,873.62 John Deere Owner Trust 2018-A A3 2.66% Due 4/18/2022 100.000 24,873.62 141.25 25,014.87 0.00 Paydown 01/15/2021 47788EAC2 89,281.89 John Deere Owner Trust 2018-B A3 3.08% Due 11/15/2022 100.000 89,281.89 1,885.48 91,167.37 0.00 Paydown 01/15/2021 65479GAD1 65,632.99 Nissan Auto Receivables Trust 2018-B A3 3.06% Due 3/15/2023 100.000 65,632.99 1,942.43 67,575.42 0.00 Paydown 01/15/2021 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 7/15/2024 100.000 0.00 2,541.17 2,541.17 0.00 Paydown 01/15/2021 89231PAD0 101,529.60 Toyota Auto Receivables Trust 2018-D A3 3.18% Due 3/15/2023 100.000 101,529.60 3,200.08 104,729.68 0.00 Paydown 01/15/2021 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 100.000 0.00 375.83 375.83 0.00 Paydown 01/19/2021 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 100.000 0.00 345.33 345.33 0.00 Paydown 01/19/2021 43814UAG4 34,748.36 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 5/18/2022 100.000 34,748.36 564.61 35,312.97 0.00 Paydown 01/21/2021 43815HAC1 69,865.09 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 8/22/2022 100.000 69,865.09 1,508.84 71,373.93 0.00 Subtotal 560,262.21 560,262.21 13,928.51 574,190.72 0.00 Maturity 01/08/2021 24422ETF6 750,000.00 John Deere Capital Corp Note 2.55% Due 1/8/2021 100.000 750,000.00 0.00 750,000.00 0.00 Subtotal 750,000.00 750,000.00 0.00 750,000.00 0.00 Execution Time: 2/3/2021 11:52:56 AMChandler Asset Management - CONFIDENTIAL Page 13 739 Transaction Ledger As of January 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security Withdrawal 01/15/2021 90CAMP$00 1,500,000.00 California Asset Mgmt Program CAMP 1.000 1,500,000.00 0.00 1,500,000.00 0.00 Security Withdrawal 01/22/2021 90CAMP$00 3,200,000.00 California Asset Mgmt Program CAMP 1.000 3,200,000.00 0.00 3,200,000.00 0.00 Security Withdrawal 01/26/2021 31846V203 104.17 First American Govt Obligation Fund Class Y 1.000 104.17 0.00 104.17 0.00 Subtotal 4,700,104.17 4,700,104.17 0.00 4,700,104.17 0.00 TOTAL DISPOSITIONS 10,275,720.13 10,283,056.15 18,212.91 10,301,269.06 8,569.35 OTHER TRANSACTIONS Interest 01/05/2021 3135G0S38 2,500,000.00 FNMA Note 2% Due 1/5/2022 0.000 25,000.00 0.00 25,000.00 0.00 Interest 01/07/2021 3135G0X24 4,200,000.00 FNMA Note 1.625% Due 1/7/2025 0.000 34,125.00 0.00 34,125.00 0.00 Interest 01/08/2021 24422ETF6 750,000.00 John Deere Capital Corp Note 2.55% Due 1/8/2021 0.000 9,562.50 0.00 9,562.50 0.00 Interest 01/10/2021 3135G05G4 2,350,000.00 FNMA Note 0.25% Due 7/10/2023 0.000 2,937.50 0.00 2,937.50 0.00 Interest 01/14/2021 02665WCJ8 1,000,000.00 American Honda Finance Note 3.45% Due 7/14/2023 0.000 17,250.00 0.00 17,250.00 0.00 Interest 01/14/2021 3130A8QS5 2,500,000.00 FHLB Note 1.125% Due 7/14/2021 0.000 14,062.50 0.00 14,062.50 0.00 Interest 01/16/2021 78013XZU5 2,500,000.00 Royal Bank of Canada Note 2.55% Due 7/16/2024 0.000 31,875.00 0.00 31,875.00 0.00 Interest 01/19/2021 3135G0T94 2,500,000.00 FNMA Note 2.375% Due 1/19/2023 0.000 29,687.50 0.00 29,687.50 0.00 Interest 01/21/2021 3137EAEU9 1,745,000.00 FHLMC Note 0.375% Due 7/21/2025 0.000 3,235.52 0.00 3,235.52 0.00 Interest 01/21/2021 90331HPL1 2,610,000.00 US Bank NA Callable Note Cont 12/21/2024 2.05% Due 1/21/2025 0.000 26,752.50 0.00 26,752.50 0.00 Execution Time: 2/3/2021 11:52:56 AMChandler Asset Management - CONFIDENTIAL Page 14 740 Transaction Ledger As of January 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 01/23/2021 46647PAU0 2,500,000.00 JP Morgan Chase & Co Callable Note 1X 7/23/2023 3.797% Due 7/23/2024 0.000 47,462.50 0.00 47,462.50 0.00 Interest 01/24/2021 91159HHP8 1,000,000.00 US Bancorp Callable Note Cont 12/23/2021 2.625% Due 1/24/2022 0.000 13,125.00 0.00 13,125.00 0.00 Interest 01/25/2021 808513AT2 2,000,000.00 Charles Schwab Corp Callable Note Cont 12/25/2022 2.65% Due 1/25/2023 0.000 26,500.00 0.00 26,500.00 0.00 Interest 01/26/2021 3133EKWV4 2,500,000.00 FFCB Note 1.85% Due 7/26/2024 0.000 23,125.00 0.00 23,125.00 0.00 Interest 01/26/2021 459058FY4 2,000,000.00 Intl. Bank Recon & Development Note 2% Due 1/26/2022 0.000 20,000.00 0.00 20,000.00 0.00 Interest 01/31/2021 9128282N9 2,000,000.00 US Treasury Note 2.125% Due 7/31/2024 0.000 21,250.00 0.00 21,250.00 0.00 Interest 01/31/2021 912828V72 1,500,000.00 US Treasury Note 1.875% Due 1/31/2022 0.000 14,062.50 0.00 14,062.50 0.00 Interest 01/31/2021 912828V80 5,000,000.00 US Treasury Note 2.25% Due 1/31/2024 0.000 56,250.00 0.00 56,250.00 0.00 Subtotal 41,155,000.00 416,263.02 0.00 416,263.02 0.00 Dividend 01/04/2021 31846V203 1,494,033.37 First American Govt Obligation Fund Class Y 0.000 10.30 0.00 10.30 0.00 Dividend 01/15/2021 90LAIF$00 4,615,744,236.26 Local Agency Investment Fund State Pool 0.000 79,355.81 0.00 79,355.81 0.00 Dividend 01/31/2021 90CAMP$00 56,605,094.09 California Asset Mgmt Program CAMP 0.000 6,007.80 0.00 6,007.80 0.00 Subtotal 4,673,843,363.72 85,373.91 0.00 85,373.91 0.00 TOTAL OTHER TRANSACTIONS 4,714,998,363.72 501,636.93 0.00 501,636.93 0.00 Execution Time: 2/3/2021 11:52:56 AMChandler Asset Management - CONFIDENTIAL Page 15 741 Transaction Ledger As of February 28, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 02/01/2021 31846V203 7.38 First American Govt Obligation Fund Class Y 1.000 0.01%7.38 0.00 7.38 0.00 Purchase 02/05/2021 31846V203 25,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%25,000.00 0.00 25,000.00 0.00 Purchase 02/06/2021 31846V203 30,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%30,000.00 0.00 30,000.00 0.00 Purchase 02/08/2021 31846V203 14,337.50 First American Govt Obligation Fund Class Y 1.000 0.01%14,337.50 0.00 14,337.50 0.00 Purchase 02/11/2021 31846V203 20,700.00 First American Govt Obligation Fund Class Y 1.000 0.01%20,700.00 0.00 20,700.00 0.00 Purchase 02/12/2021 31846V203 48,375.00 First American Govt Obligation Fund Class Y 1.000 0.01%48,375.00 0.00 48,375.00 0.00 Purchase 02/14/2021 31846V203 32,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%32,000.00 0.00 32,000.00 0.00 Purchase 02/16/2021 31846V203 218.88 First American Govt Obligation Fund Class Y 1.000 0.01%218.88 0.00 218.88 0.00 Purchase 02/16/2021 31846V203 375.83 First American Govt Obligation Fund Class Y 1.000 0.01%375.83 0.00 375.83 0.00 Purchase 02/16/2021 31846V203 2,541.17 First American Govt Obligation Fund Class Y 1.000 0.01%2,541.17 0.00 2,541.17 0.00 Purchase 02/16/2021 31846V203 98,774.20 First American Govt Obligation Fund Class Y 1.000 0.01%98,774.20 0.00 98,774.20 0.00 Purchase 02/16/2021 31846V203 130,500.62 First American Govt Obligation Fund Class Y 1.000 0.01%130,500.62 0.00 130,500.62 0.00 Purchase 02/16/2021 31846V203 26,023.81 First American Govt Obligation Fund Class Y 1.000 0.01%26,023.81 0.00 26,023.81 0.00 Purchase 02/16/2021 31846V203 138,692.99 First American Govt Obligation Fund Class Y 1.000 0.01%138,692.99 0.00 138,692.99 0.00 Purchase 02/16/2021 31846V203 64,894.73 First American Govt Obligation Fund Class Y 1.000 0.01%64,894.73 0.00 64,894.73 0.00 Purchase 02/16/2021 31846V203 97,845.14 First American Govt Obligation Fund Class Y 1.000 0.01%97,845.14 0.00 97,845.14 0.00 Execution Time: 3/16/2021 1:20:54 PMChandler Asset Management - CONFIDENTIAL Page 10 742 Transaction Ledger As of February 28, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 02/18/2021 31846V203 3,000,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%3,000,000.00 0.00 3,000,000.00 0.00 Purchase 02/18/2021 31846V203 20,625.00 First American Govt Obligation Fund Class Y 1.000 0.01%20,625.00 0.00 20,625.00 0.00 Purchase 02/18/2021 31846V203 345.33 First American Govt Obligation Fund Class Y 1.000 0.01%345.33 0.00 345.33 0.00 Purchase 02/18/2021 31846V203 33,649.88 First American Govt Obligation Fund Class Y 1.000 0.01%33,649.88 0.00 33,649.88 0.00 Purchase 02/18/2021 89114QCK2 1,000,000.00 Toronto Dominion Bank Note 0.75% Due 9/11/2025 99.723 0.81%997,230.00 3,270.83 1,000,500.83 0.00 Purchase 02/19/2021 459058JL8 2,000,000.00 Intl. Bank Recon & Development Note 0.5% Due 10/28/2025 99.416 0.63%1,988,320.00 3,083.33 1,991,403.33 0.00 Purchase 02/22/2021 31846V203 71,278.57 First American Govt Obligation Fund Class Y 1.000 0.01%71,278.57 0.00 71,278.57 0.00 Purchase 02/24/2021 78015K7H1 1,000,000.00 Royal Bank of Canada Note 1.15% Due 6/10/2025 101.224 0.86%1,012,240.00 2,363.89 1,014,603.89 0.00 Purchase 02/24/2021 91282CBH3 4,000,000.00 US Treasury Note 0.375% Due 1/31/2026 99.016 0.58%3,960,625.00 994.48 3,961,619.48 0.00 Purchase 02/25/2021 31846V203 5,108.23 First American Govt Obligation Fund Class Y 1.000 0.01%5,108.23 0.00 5,108.23 0.00 Purchase 02/26/2021 31846V203 5,000,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%5,000,000.00 0.00 5,000,000.00 0.00 Purchase 02/26/2021 31846V203 34,375.00 First American Govt Obligation Fund Class Y 1.000 0.01%34,375.00 0.00 34,375.00 0.00 Purchase 02/28/2021 31846V203 38,437.50 First American Govt Obligation Fund Class Y 1.000 0.01%38,437.50 0.00 38,437.50 0.00 Purchase 02/28/2021 90CAMP$00 3,355.74 California Asset Mgmt Program CAMP 1.000 0.09%3,355.74 0.00 3,355.74 0.00 Subtotal 16,937,462.50 16,895,877.50 9,712.53 16,905,590.03 0.00 Security Contribution 02/09/2021 31846V203 10,000,000.00 First American Govt Obligation Fund Class Y 1.000 10,000,000.00 0.00 10,000,000.00 0.00 Execution Time: 3/16/2021 1:20:54 PMChandler Asset Management - CONFIDENTIAL Page 11 743 Transaction Ledger As of February 28, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Security Contribution 02/26/2021 90CAMP$00 2,800,000.00 California Asset Mgmt Program CAMP 1.000 2,800,000.00 0.00 2,800,000.00 0.00 Subtotal 12,800,000.00 12,800,000.00 0.00 12,800,000.00 0.00 TOTAL ACQUISITIONS 29,737,462.50 29,695,877.50 9,712.53 29,705,590.03 0.00 DISPOSITIONS Sale 02/18/2021 31846V203 1,000,500.83 First American Govt Obligation Fund Class Y 1.000 0.01%1,000,500.83 0.00 1,000,500.83 0.00 Sale 02/19/2021 31846V203 1,991,403.33 First American Govt Obligation Fund Class Y 1.000 0.01%1,991,403.33 0.00 1,991,403.33 0.00 Sale 02/24/2021 31846V203 1,014,603.89 First American Govt Obligation Fund Class Y 1.000 0.01%1,014,603.89 0.00 1,014,603.89 0.00 Sale 02/24/2021 31846V203 3,961,619.48 First American Govt Obligation Fund Class Y 1.000 0.01%3,961,619.48 0.00 3,961,619.48 0.00 Subtotal 7,968,127.53 7,968,127.53 0.00 7,968,127.53 0.00 Paydown 02/16/2021 43815NAB0 98,142.30 Honda Auto Receivables Trust 2019-3 A2 1.9% Due 4/15/2022 100.000 98,142.30 631.90 98,774.20 0.00 Paydown 02/16/2021 477870AB5 130,228.40 John Deere Owner Trust 2019-B A2 2.28% Due 5/16/2022 100.000 130,228.40 272.22 130,500.62 0.00 Paydown 02/16/2021 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 100.000 0.00 218.88 218.88 0.00 Paydown 02/16/2021 47788CAC6 25,937.70 John Deere Owner Trust 2018-A A3 2.66% Due 4/18/2022 100.000 25,937.70 86.11 26,023.81 0.00 Paydown 02/16/2021 47788EAC2 137,036.67 John Deere Owner Trust 2018-B A3 3.08% Due 11/15/2022 100.000 137,036.67 1,656.32 138,692.99 0.00 Execution Time: 3/16/2021 1:20:54 PMChandler Asset Management - CONFIDENTIAL Page 12 744 Transaction Ledger As of February 28, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 02/16/2021 65479GAD1 63,119.66 Nissan Auto Receivables Trust 2018-B A3 3.06% Due 3/15/2023 100.000 63,119.66 1,775.07 64,894.73 0.00 Paydown 02/16/2021 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 7/15/2024 100.000 0.00 2,541.17 2,541.17 0.00 Paydown 02/16/2021 89231PAD0 94,914.11 Toyota Auto Receivables Trust 2018-D A3 3.18% Due 3/15/2023 100.000 94,914.11 2,931.03 97,845.14 0.00 Paydown 02/16/2021 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 100.000 0.00 375.83 375.83 0.00 Paydown 02/18/2021 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 100.000 0.00 345.33 345.33 0.00 Paydown 02/18/2021 43814UAG4 33,172.43 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 5/18/2022 100.000 33,172.43 477.45 33,649.88 0.00 Paydown 02/22/2021 43815HAC1 69,941.48 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 8/22/2022 100.000 69,941.48 1,337.09 71,278.57 0.00 Subtotal 652,492.75 652,492.75 12,648.40 665,141.15 0.00 Maturity 02/18/2021 3130A7CV5 3,000,000.00 FHLB Note 1.375% Due 2/18/2021 100.000 3,000,000.00 0.00 3,000,000.00 0.00 Maturity 02/26/2021 3135G0J20 5,000,000.00 FNMA Note 1.375% Due 2/26/2021 100.000 5,000,000.00 0.00 5,000,000.00 0.00 Subtotal 8,000,000.00 8,000,000.00 0.00 8,000,000.00 0.00 Security Withdrawal 02/05/2021 90CAMP$00 11,300,000.00 California Asset Mgmt Program CAMP 1.000 11,300,000.00 0.00 11,300,000.00 0.00 Security Withdrawal 02/08/2021 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 02/12/2021 90CAMP$00 600,000.00 California Asset Mgmt Program CAMP 1.000 600,000.00 0.00 600,000.00 0.00 Execution Time: 3/16/2021 1:20:54 PMChandler Asset Management - CONFIDENTIAL Page 13 745 Transaction Ledger As of February 28, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security Withdrawal 02/19/2021 90CAMP$00 1,800,000.00 California Asset Mgmt Program CAMP 1.000 1,800,000.00 0.00 1,800,000.00 0.00 Security Withdrawal 02/22/2021 31846V203 104.17 First American Govt Obligation Fund Class Y 1.000 104.17 0.00 104.17 0.00 Subtotal 14,700,104.17 14,700,104.17 0.00 14,700,104.17 0.00 TOTAL DISPOSITIONS 31,320,724.45 31,320,724.45 12,648.40 31,333,372.85 0.00 OTHER TRANSACTIONS Interest 02/05/2021 3135G0V34 2,000,000.00 FNMA Note 2.5% Due 2/5/2024 0.000 25,000.00 0.00 25,000.00 0.00 Interest 02/06/2021 44932HAH6 2,000,000.00 IBM Credit Corp Note 3% Due 2/6/2023 0.000 30,000.00 0.00 30,000.00 0.00 Interest 02/08/2021 594918BP8 1,850,000.00 Microsoft Callable Note Cont 7/8/2021 1.55% Due 8/8/2021 0.000 14,337.50 0.00 14,337.50 0.00 Interest 02/11/2021 06406RAJ6 1,200,000.00 Bank of NY Mellon Corp Note 3.45% Due 8/11/2023 0.000 20,700.00 0.00 20,700.00 0.00 Interest 02/12/2021 3137EAEC9 3,000,000.00 FHLMC Note 1.125% Due 8/12/2021 0.000 16,875.00 0.00 16,875.00 0.00 Interest 02/12/2021 3137EAEP0 4,200,000.00 FHLMC Note 1.5% Due 2/12/2025 0.000 31,500.00 0.00 31,500.00 0.00 Interest 02/14/2021 3133EKZK5 4,000,000.00 FFCB Note 1.6% Due 8/14/2023 0.000 32,000.00 0.00 32,000.00 0.00 Interest 02/18/2021 3130A7CV5 3,000,000.00 FHLB Note 1.375% Due 2/18/2021 0.000 20,625.00 0.00 20,625.00 0.00 Interest 02/25/2021 3135G05X7 2,755,000.00 FNMA Note 0.375% Due 8/25/2025 0.000 5,108.23 0.00 5,108.23 0.00 Interest 02/26/2021 3135G0J20 5,000,000.00 FNMA Note 1.375% Due 2/26/2021 0.000 34,375.00 0.00 34,375.00 0.00 Interest 02/28/2021 912828L24 2,000,000.00 US Treasury Note 1.875% Due 8/31/2022 0.000 18,750.00 0.00 18,750.00 0.00 Execution Time: 3/16/2021 1:20:54 PMChandler Asset Management - CONFIDENTIAL Page 14 746 Transaction Ledger As of February 28, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 02/28/2021 912828ZC7 3,500,000.00 US Treasury Note 1.125% Due 2/28/2025 0.000 19,687.50 0.00 19,687.50 0.00 Subtotal 34,505,000.00 268,958.23 0.00 268,958.23 0.00 Dividend 02/01/2021 31846V203 364,937.41 First American Govt Obligation Fund Class Y 0.000 7.38 0.00 7.38 0.00 Dividend 02/28/2021 90CAMP$00 44,711,101.89 California Asset Mgmt Program CAMP 0.000 3,355.74 0.00 3,355.74 0.00 Subtotal 45,076,039.30 3,363.12 0.00 3,363.12 0.00 TOTAL OTHER TRANSACTIONS 79,581,039.30 272,321.35 0.00 272,321.35 0.00 Execution Time: 3/16/2021 1:20:54 PMChandler Asset Management - CONFIDENTIAL Page 15 747 Transaction Ledger As of March 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 03/01/2021 31846V203 19,998.00 First American Govt Obligation Fund Class Y 1.000 0.01%19,998.00 0.00 19,998.00 0.00 Purchase 03/01/2021 31846V203 1,800,000.00 First American Govt Obligation Fund Class Y 1.000 0.01%1,800,000.00 0.00 1,800,000.00 0.00 Purchase 03/01/2021 31846V203 35.41 First American Govt Obligation Fund Class Y 1.000 0.01%35.41 0.00 35.41 0.00 Purchase 03/05/2021 31846V203 42,600.00 First American Govt Obligation Fund Class Y 1.000 0.01%42,600.00 0.00 42,600.00 0.00 Purchase 03/08/2021 06051GHY8 1,250,000.00 Bank of America Corp Callable Note Cont 2/13/2025 2.015% Due 2/13/2026 103.338 1.09%1,291,725.00 1,749.13 1,293,474.13 0.00 Purchase 03/08/2021 31846V203 84,375.00 First American Govt Obligation Fund Class Y 1.000 0.01%84,375.00 0.00 84,375.00 0.00 Purchase 03/10/2021 47788UAC6 800,000.00 John Deere Owner Trust 2021-A A3 0.36% Due 9/15/2025 99.981 0.37%799,846.24 0.00 799,846.24 0.00 Purchase 03/11/2021 31846V203 63,625.00 First American Govt Obligation Fund Class Y 1.000 0.01%63,625.00 0.00 63,625.00 0.00 Purchase 03/13/2021 31846V203 28,750.00 First American Govt Obligation Fund Class Y 1.000 0.01%28,750.00 0.00 28,750.00 0.00 Purchase 03/14/2021 31846V203 21,875.00 First American Govt Obligation Fund Class Y 1.000 0.01%21,875.00 0.00 21,875.00 0.00 Purchase 03/15/2021 31846V203 74,518.75 First American Govt Obligation Fund Class Y 1.000 0.01%74,518.75 0.00 74,518.75 0.00 Purchase 03/15/2021 31846V203 375.83 First American Govt Obligation Fund Class Y 1.000 0.01%375.83 0.00 375.83 0.00 Purchase 03/15/2021 31846V203 218.88 First American Govt Obligation Fund Class Y 1.000 0.01%218.88 0.00 218.88 0.00 Purchase 03/15/2021 31846V203 2,541.17 First American Govt Obligation Fund Class Y 1.000 0.01%2,541.17 0.00 2,541.17 0.00 Purchase 03/15/2021 31846V203 88,551.28 First American Govt Obligation Fund Class Y 1.000 0.01%88,551.28 0.00 88,551.28 0.00 Purchase 03/15/2021 31846V203 13,071.28 First American Govt Obligation Fund Class Y 1.000 0.01%13,071.28 0.00 13,071.28 0.00 Execution Time: 4/20/2021 1:39:57 PMChandler Asset Management - CONFIDENTIAL Page 10 748 Transaction Ledger As of March 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 03/15/2021 31846V203 12,938.79 First American Govt Obligation Fund Class Y 1.000 0.01%12,938.79 0.00 12,938.79 0.00 Purchase 03/15/2021 31846V203 78,445.11 First American Govt Obligation Fund Class Y 1.000 0.01%78,445.11 0.00 78,445.11 0.00 Purchase 03/15/2021 31846V203 55,428.05 First American Govt Obligation Fund Class Y 1.000 0.01%55,428.05 0.00 55,428.05 0.00 Purchase 03/15/2021 31846V203 87,805.25 First American Govt Obligation Fund Class Y 1.000 0.01%87,805.25 0.00 87,805.25 0.00 Purchase 03/18/2021 31846V203 345.33 First American Govt Obligation Fund Class Y 1.000 0.01%345.33 0.00 345.33 0.00 Purchase 03/18/2021 31846V203 31,188.98 First American Govt Obligation Fund Class Y 1.000 0.01%31,188.98 0.00 31,188.98 0.00 Purchase 03/22/2021 31846V203 61,194.54 First American Govt Obligation Fund Class Y 1.000 0.01%61,194.54 0.00 61,194.54 0.00 Purchase 03/23/2021 31846V203 4,922.81 First American Govt Obligation Fund Class Y 1.000 0.01%4,922.81 0.00 4,922.81 0.00 Purchase 03/26/2021 24422ETT6 1,000,000.00 John Deere Capital Corp Note 2.65% Due 6/24/2024 106.400 0.65%1,064,000.00 6,772.22 1,070,772.22 0.00 Purchase 03/26/2021 31846V203 2,110,396.81 First American Govt Obligation Fund Class Y 1.000 0.01%2,110,396.81 0.00 2,110,396.81 0.00 Purchase 03/29/2021 91282CBQ3 2,500,000.00 US Treasury Note 0.5% Due 2/28/2026 98.398 0.83%2,459,960.94 985.05 2,460,945.99 0.00 Purchase 03/31/2021 31846V203 135,312.50 First American Govt Obligation Fund Class Y 1.000 0.01%135,312.50 0.00 135,312.50 0.00 Purchase 03/31/2021 91282CBT7 3,000,000.00 US Treasury Note 0.75% Due 3/31/2026 99.246 0.90%2,977,382.81 0.00 2,977,382.81 0.00 Subtotal 13,368,513.77 13,411,428.76 9,506.40 13,420,935.16 0.00 Execution Time: 4/20/2021 1:39:57 PMChandler Asset Management - CONFIDENTIAL Page 11 749 Transaction Ledger As of March 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Security Contribution 03/31/2021 90CAMP$00 802,935.30 California Asset Mgmt Program CAMP 1.000 802,935.30 0.00 802,935.30 0.00 Subtotal 802,935.30 802,935.30 0.00 802,935.30 0.00 TOTAL ACQUISITIONS 14,171,449.07 14,214,364.06 9,506.40 14,223,870.46 0.00 DISPOSITIONS Sale 03/08/2021 31846V203 1,293,474.13 First American Govt Obligation Fund Class Y 1.000 0.01%1,293,474.13 0.00 1,293,474.13 0.00 Sale 03/10/2021 31846V203 799,846.24 First American Govt Obligation Fund Class Y 1.000 0.01%799,846.24 0.00 799,846.24 0.00 Sale 03/26/2021 31846V203 1,070,772.22 First American Govt Obligation Fund Class Y 1.000 0.01%1,070,772.22 0.00 1,070,772.22 0.00 Sale 03/29/2021 31846V203 2,460,945.99 First American Govt Obligation Fund Class Y 1.000 0.01%2,460,945.99 0.00 2,460,945.99 0.00 Sale 03/31/2021 31846V203 2,977,382.81 First American Govt Obligation Fund Class Y 1.000 0.01%2,977,382.81 0.00 2,977,382.81 0.00 Subtotal 8,602,421.39 8,602,421.39 0.00 8,602,421.39 0.00 Call 03/26/2021 44932HAH6 2,000,000.00 IBM Credit Corp Note 3% Due 2/6/2023 105.103 3.09%2,102,063.48 8,333.33 2,110,396.81 0.00 Subtotal 2,000,000.00 2,102,063.48 8,333.33 2,110,396.81 0.00 Paydown 03/15/2021 43815NAB0 88,074.77 Honda Auto Receivables Trust 2019-3 A2 1.9% Due 4/15/2022 100.000 88,074.77 476.51 88,551.28 0.00 Paydown 03/15/2021 477870AB5 13,046.49 John Deere Owner Trust 2019-B A2 2.28% Due 5/16/2022 100.000 13,046.49 24.79 13,071.28 0.00 Paydown 03/15/2021 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 100.000 0.00 218.88 218.88 0.00 Execution Time: 4/20/2021 1:39:57 PMChandler Asset Management - CONFIDENTIAL Page 12 750 Transaction Ledger As of March 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 03/15/2021 47788CAC6 12,910.17 John Deere Owner Trust 2018-A A3 2.66% Due 4/18/2022 100.000 12,910.17 28.62 12,938.79 0.00 Paydown 03/15/2021 47788EAC2 77,140.52 John Deere Owner Trust 2018-B A3 3.08% Due 11/15/2022 100.000 77,140.52 1,304.59 78,445.11 0.00 Paydown 03/15/2021 65479GAD1 53,813.94 Nissan Auto Receivables Trust 2018-B A3 3.06% Due 3/15/2023 100.000 53,813.94 1,614.11 55,428.05 0.00 Paydown 03/15/2021 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 7/15/2024 100.000 0.00 2,541.17 2,541.17 0.00 Paydown 03/15/2021 89231PAD0 85,125.74 Toyota Auto Receivables Trust 2018-D A3 3.18% Due 3/15/2023 100.000 85,125.74 2,679.51 87,805.25 0.00 Paydown 03/15/2021 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 100.000 0.00 375.83 375.83 0.00 Paydown 03/18/2021 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 100.000 0.00 345.33 345.33 0.00 Paydown 03/18/2021 43814UAG4 30,794.74 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 5/18/2022 100.000 30,794.74 394.24 31,188.98 0.00 Paydown 03/22/2021 43815HAC1 60,029.39 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 8/22/2022 100.000 60,029.39 1,165.15 61,194.54 0.00 Subtotal 420,935.76 420,935.76 11,168.73 432,104.49 0.00 Maturity 03/01/2021 30231GAV4 1,800,000.00 Exxon Mobil Corp Callable Note Cont 2/1/2021 2.222% Due 3/1/2021 100.000 1,800,000.00 0.00 1,800,000.00 0.00 Subtotal 1,800,000.00 1,800,000.00 0.00 1,800,000.00 0.00 Execution Time: 4/20/2021 1:39:57 PMChandler Asset Management - CONFIDENTIAL Page 13 751 Transaction Ledger As of March 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security Withdrawal 03/25/2021 31846V203 104.17 First American Govt Obligation Fund Class Y 1.000 104.17 0.00 104.17 0.00 Subtotal 104.17 104.17 0.00 104.17 0.00 TOTAL DISPOSITIONS 12,823,461.32 12,925,524.80 19,502.06 12,945,026.86 0.00 OTHER TRANSACTIONS Interest 03/01/2021 30231GAV4 1,800,000.00 Exxon Mobil Corp Callable Note Cont 2/1/2021 2.222% Due 3/1/2021 0.000 19,998.00 0.00 19,998.00 0.00 Interest 03/05/2021 06051GHF9 2,400,000.00 Bank of America Corp Callable Note 1X 3/5/2023 3.55% Due 3/5/2024 0.000 42,600.00 0.00 42,600.00 0.00 Interest 03/08/2021 313383YJ4 5,000,000.00 FHLB Note 3.375% Due 9/8/2023 0.000 84,375.00 0.00 84,375.00 0.00 Interest 03/11/2021 313378CR0 2,000,000.00 FHLB Note 2.25% Due 3/11/2022 0.000 22,500.00 0.00 22,500.00 0.00 Interest 03/11/2021 89114QCB2 2,300,000.00 Toronto Dominion Bank Note 3.25% Due 3/11/2024 0.000 37,375.00 0.00 37,375.00 0.00 Interest 03/11/2021 89114QCK2 1,000,000.00 Toronto Dominion Bank Note 0.75% Due 9/11/2025 0.000 3,750.00 0.00 3,750.00 0.00 Interest 03/13/2021 3130A2UW4 2,000,000.00 FHLB Note 2.875% Due 9/13/2024 0.000 28,750.00 0.00 28,750.00 0.00 Interest 03/14/2021 4581X0CZ9 2,500,000.00 Inter-American Dev Bank Note 1.75% Due 9/14/2022 0.000 21,875.00 0.00 21,875.00 0.00 Interest 03/15/2021 00440EAS6 2,500,000.00 Chubb INA Holdings Inc Note 3.15% Due 3/15/2025 0.000 39,375.00 0.00 39,375.00 0.00 Execution Time: 4/20/2021 1:39:57 PMChandler Asset Management - CONFIDENTIAL Page 14 752 Transaction Ledger As of March 31, 2021 City of Dublin Consolidated Account #10221 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 03/15/2021 084670BR8 1,865,000.00 Berkshire Hathaway Callable Note Cont 1/15/2023 2.75% Due 3/15/2023 0.000 25,643.75 0.00 25,643.75 0.00 Interest 03/15/2021 68389XBK0 1,000,000.00 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 9/15/2021 0.000 9,500.00 0.00 9,500.00 0.00 Interest 03/23/2021 3137EAEX3 2,655,000.00 FHLMC Note 0.375% Due 9/23/2025 0.000 4,922.81 0.00 4,922.81 0.00 Interest 03/31/2021 9128284D9 3,750,000.00 US Treasury Note 2.5% Due 3/31/2023 0.000 46,875.00 0.00 46,875.00 0.00 Interest 03/31/2021 912828J76 3,000,000.00 US Treasury Note 1.75% Due 3/31/2022 0.000 26,250.00 0.00 26,250.00 0.00 Interest 03/31/2021 912828L57 3,750,000.00 US Treasury Note 1.75% Due 9/30/2022 0.000 32,812.50 0.00 32,812.50 0.00 Interest 03/31/2021 912828YH7 3,500,000.00 US Treasury Note 1.5% Due 9/30/2024 0.000 26,250.00 0.00 26,250.00 0.00 Interest 03/31/2021 91282CAM3 2,500,000.00 US Treasury Note 0.25% Due 9/30/2025 0.000 3,125.00 0.00 3,125.00 0.00 Subtotal 43,520,000.00 475,977.06 0.00 475,977.06 0.00 Dividend 03/01/2021 31846V203 13,150,810.47 First American Govt Obligation Fund Class Y 0.000 35.41 0.00 35.41 0.00 Subtotal 13,150,810.47 35.41 0.00 35.41 0.00 TOTAL OTHER TRANSACTIONS 56,670,810.47 476,012.47 0.00 476,012.47 0.00 Execution Time: 4/20/2021 1:39:57 PMChandler Asset Management - CONFIDENTIAL Page 15 753 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.11 DATE:May 18, 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). The first reading of this Ordinance was held at the May 4, 2021 Regular City Council Meeting. STAFF RECOMMENDATION: Waive the second reading and adopt 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 754 Page 2 of 3 Act requires the City to biennially review and determine whether amendments to the Code are 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. 755 Page 3 of 3 The City’s amended Code will not be effective until it has been adopted by the City Council. (Gov. Code § 87303.) On May 4, 2021, the City Council waived the first reading and introduced the Ordinance. The City Council is being asked to waive the second reading and adopt the Ordinance provided as Attachment 1. 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 756 Attachment 1 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 1 757 Attachment 1 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 1 758 Attachment 1 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 3739495.1 759 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.12 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Appointments to the Youth Advisory Committee and Student Representative to the Parks and Community Services Commission Prepared by: Henry Siu, Recreation Coordinator EXECUTIVE SUMMARY: The City Council will consider confirmation of the Mayor's recommended appointments of three middle school and 10 high school youths, along with three alternates, to the Youth Advisory Committee for the term of June 1, 2021 through May 31, 2022. The City Council will also consider confirmation of the Mayor's recommended appointment of Pratyush Rallapally as the Student Representative to the Parks and Community Services Commission for the term of July 1, 2021 to June 30, 2022. STAFF RECOMMENDATION: Confirm the Mayor’s appointments to the Youth Advisory Committee and the Student Representative to the Parks and Community Services Commission for the 2021-2022 term. FINANCIAL IMPACT: None. DESCRIPTION: Youth Advisory Committee (YAC) Appointments The term of office for the current YAC expires on May 31, 2021. During the months of February and March 2021, recruitment efforts took place to encourage middle school and high school students to apply for appointment to the upcoming term of office. The openings were advertised by way of a press release, emails to the principals at local middle and high schools, PeachJar, Facebook, the City’s website and through additional City communication channels. Per the Bylaws and Rules of Procedure, the YAC includes a minimum of nine and a maximum of 13 youth members, plus three alternates. At least three must be from middle school and six from 760 Page 2 of 3 high school. If there are insufficient applications to meet the middle school to high school ratio, the Mayor may make appointments from any of the grade levels. The Mayor, with confirmation of the City Council, appoints the youth members and alternates. A total of 44 applications for the YAC were received by Staff: 29 from high school students and 13 from middle school students. Two of the applications were incomplete. Mayor Hernandez recommends appointment of the following middle and high school students to the YAC: Members Grade in 2021-22 School Kavin Berry 7th Wells Middle School Mahidhara Sudeendra 8th Cottonwood Creek School Anay Sharma 8th Fallon Middle School Saiesha Goel 9th Dublin High School Esha Shenoy 10th Dublin High School Matthew Mendes 10th Dublin High School Advaith Krishna Anoop Krishna 10th Dublin High School Brandon Maskey 11th Dublin High School Deepika Puli 11th Dublin High School Krittika Senthilkumar 11th Dublin High School Mihika Bhatnagar 12th Dublin High School Aditi Bongu 12th Dublin High School Logan Lin 12th Dublin High School The Mayor also recommends the following alternates: Name Grade in 2021-22 School Alternate #1 Sofia Lembo 10th Dublin High School Alternate #2 Aarav Surapaneni 11th Valley Christian School Alternate #3 Anika Kolan 10th Dublin High School Student Representative to the Parks and Community Services Commission The current term of the Student Representative to the Parks and Community Services Commission expires on June 30, 2021. During the months of February and March 2021, recruitment efforts took place to encourage high school students to apply for the position for the upcoming term of office. Three applications were received by the deadline. Mayor Hernandez recommends the appointment of Pratyush Rallapally as the Student Representative to the Parks and Community Services Commission for the term commencing on July 1, 2021 and expiring on June 30, 2022. Pratyush Rallapally will be a Junior at Dublin High School next school year. 761 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and acopy of the Staff Report was sent to the applicants being considered for appointment. ATTACHMENTS: 1) Youth Advisory Committee 2021-22 Applications 2) Parks and Community Services 2021-22 Student Representative Applications 762 Agenda Item No. 4.12 Attachment 1 - Youth Advisory Committee 2021-22 Applications 763 1 Student Representative to the Parks and Community Services Commission First Name Pratyush Last Name Rallapally Street Address  City Dublin State CA Zip 94568 Email Address  Phone Number  What high school are you  currently attending?  Dublin High School What high school will you  be attending in the 2021‐ 2022 school year?  Dublin High School What grade (Junior or  Senior only) will you be  during the 2021‐2022  school year?  Junior 1.Why are you interested in serving on the Parks and Community Services Commission? I am interested in serving on the Parks Commission because as someone who takes advantage of the Parks Services on a daily basis, I recognize the far-reaching responsibilities that the Parks and Community Services Department has on the everyday lives of residents. Rather than being on the sidelines, I believe that it is my civic duty to be actively involved as much as possible in the Parks Services' development and running. Attachment 2 764 2 From all of the services I have utilized, from the parks to the enrichment programs, it is only fair that I dedicate the same effort to its vision. 2.What is the most important contribution you can make to the Commission? Being the only student member of the Commission, I hope to accurately represent the needs and wants of Dublin's youth. From the perspective of myself and the younger population, there is a perceived gap in understanding between the policies of the City Council/government and the wishes of my peers. I aim to bridge the gap between generations by serving as the students' voice on the committee. 3.What knowledge do you have of the parks and recreational facilities in Dublin? The parks and recreational facilities are much more expansive than one would assume. They include the Dublin Heritage Center, the Wave, public art programs, Senior Center activities, the summer enrichment programs, and of course, the parks, which also include the dog parks and trails in Dublin. 4.What knowledge do you have of the programs offered through the Parks and Community Services Department? Have you ever participated in a program (such as J.A.W.S., Dublin L.E.A.D., J.L.P., Youth Advisory Committee ‐ YAC) or class offered by the Parks and Community Services Department? I know that the Parks Department offers many enrichment programs during the summer (I went to basketball and swimming camps for many summers), including sports, music, and science. In addition to that, the Dublin Heritage Park has plenty of information about Dublin's history throughout the 19th and 20th centuries (I was planning on becoming a tour guide before Covid unfortunately happened). As said previously, I have taken at least one class offered by the Parks Department most summers since moving here in 2014. 5.What school and/or extracurricular activities are you currently involved in or will be involved in during the 2021‐2022 school year and will you be able to regularly attend the monthly meetings? At the moment, I am currently serving as Secretary of Quizbowl and Destressions (a stress-relieving club because Lord knows how burdened everyone is during the pandemic) and will continue those positions next year. Additionally, I am a member of the DHS Orchestra, its Leadership board and the Oakland Youth Orchestra, playing as a lead cellist. I also take public speaking and stats classes, and basic Chinese courses online, and I do volunteer transcribing on the side. None of these activities will hinder my ability to attend the monthly meetings. 6. Have you recently attended a YAC or other Dublin Commission or City Council meeting? If yes, what was the meeting date and what was the outcome of the item(s) you were interested in? I have watched many City Council meetings, especially those concerning the new high school and the protocol for online learning back in the summer of 2020. The meetings concerning online learning involved installing cameras in the classroom, a move which was (thankfully) denied, and debating between full online and hybrid. 765 3 6. Provide at least two (2) Letters of Recommendation from non-family members (i.e. employer, counselor, teacher, coach, etc.). The Letters of Recommendation must be signed. You can upload your Letters of Recommendation using the file upload link below. Upload 1st Letter of  Recommendation  (required)  Ms. Dunkle_Rec.PDF Upload 2nd Letter of  Recommendation  (required)  Letter of rec. for Pratyush.pdf Upload 3rd Letter of  Recommendation (optional)  Field not completed. Application materials must be submitted via this online application form. The application deadline is 5:00 PM, Friday, March 26, 2021. Applications or letters of recommendation will not be accepted after the deadline. Email not displaying correctly? View it in your browser. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the  sender and know the content is safe.  766 767 Dear whom it may concern, My name is Joyce Park Tsunekawa, and I am writing this reference for Pratyush Rallapally, who is applying for the Student Representative role for the Parks and Community Services Commission. I am a cello instructor and a freelance performer based in Oakland, California, and hold a cello studio of students throughout the San Francisco Bay Area. I pursued my Bachelor ’s of Arts Degree in both music performance and education through California State University, Sacramento, and my Master’s Degree at San Francisco Conservatory of Music. I had the pleasure of teaching Pratyush cello lessons for the last six years and through my Sycamore Junior Chamber Orchestra for two seasons. Amongst the many strengths and qualities of Pratyush, he stands out with excellent communication skills, the ability to listen, and consistently growing his skills. Throughout our weekly lessons, he shows constant improvement in his musical talents and how he articulates his communication. Remote learning has been a challenge for this past year, but Pratyush quickly adapted to his new role to ensure that our lessons stay effective and efficient. In our weekly assignments, he shows passion and a growth mindset through his work. When Pratyush was a part of my Sycamore Junior Chamber Orchestra for two seasons, Pratyush was responsible for leading the cello section. It was his first experience in a group ensemble, but he excelled with his incredible social skills, empathy for others and contributed immensely to create a harmonious group. A fellow cellist in Pratyush’s section was struggling to fit musically and socially with the group. But through Pratyush’s strong leadership and his patience in helping out, the student found the courage to continue his time with the ensemble. Later the student’s father expressed that Pratyush was a big inspiration to his son’s decision to keep up his playing and continue to grow with the group. If it was not for Pratyush’s empathy and excellent leadership, the student might never have felt included. The main director recognized Pratyush’s contributions. He strongly recommended Pratyush audition for the higher level orchestra that he did the following summer and advanced into the main Sycamore Chamber Orchestra (an older age group and requires more skills). In conclusion, I would highly recommend Pratyush Rallapally for the Student Representative for the Parks and Community Services Commission. If Pratyush’s performance in our classes indicates how he would perform in the position, he will be a positive addition to your organization. If you would like me to elaborate on any details or have any questions, please feel free to contact me at 510-910-3648 or by email at joycetsunekawa@gmail.com. Sincerely, Joyce Park Tsunekawa 768 1 Student Representative to the Parks and Community Services Commission First Name Saanya Last Name Goel Street Address  City Dublin State CA Zip 94568 Email Address  Phone Number  What high school are you  currently attending?  Dublin High School What high school will you  be attending in the 2021‐ 2022 school year?  Dublin High School What grade (Junior or  Senior only) will you be  during the 2021‐2022  school year?  Senior 1.Why are you interested in serving on the Parks and Community Services Commission? I am interested in serving on the Parks and Community Services Commission because I have a passion for giving back to the community I live and go to school in. I have been a committee member of the Youth Advisory Committee for the past three years and currently serve as the chairwoman. I thoroughly enjoyed my time on the committee as I learned what it means to be on a governing body and how the political process works. As the student representative to the Parks and 769 2 Community Services Commission, I wish to further my knowledge of due process and provide insight being the youth representative on this commission. I think it is very important that the Parks and Community Services Commission has a strong youth perspective to guide the commission in its projects that impact the youth of Dublin. 2.What is the most important contribution you can make to the Commission? Dublin is home to a variety of people coming from different backgrounds. It is important that our city realizes these unique backgrounds and work to create locations in our city where everyone feels included. This commission provides Dublin with parks and recreational programs. Inclusivity can easily be promoted through this means, whether it be an art piece dedicated on reflecting the uniqueness of our citizens or an after-school program introducing children to the differences in society and how to accept them. If I am chosen to represent youth on this commission, I will promote inclusivity through the various programs and activities designed for our community. 3.What knowledge do you have of the parks and recreational facilities in Dublin? Having lived in Dublin my entire life, parks and recreational facilities in Dublin have been my favorite pass time. From taking various classes to sliding down slides, Dublin's recreational programs and facilities are every kid's dreams. I know that Dublin recently had the ribbon cutting ceremony for the first All-Abilities playground in the area. This project is just one example of how Dublin goes above and beyond in providing for their citizens. The Wave also attracts customers from all over, bringing in revenue and allowing families to enjoy a nice day in the sun. In addition to these state-of-the-art facilities, Dublin has an impressive amount of neighborhood parks, promoting health and wellness in citizens. 4.What knowledge do you have of the programs offered through the Parks and Community Services Department? Have you ever participated in a program (such as J.A.W.S., Dublin L.E.A.D., J.L.P., Youth Advisory Committee ‐ YAC) or class offered by the Parks and Community Services Department? The Parks and Community Services Department offers various programs available to people of all ages. I know that there are always classes or programs that people can take part in and there is no limit to what is being offered. People with different passions will be able to find something that they enjoy. As I have stated before, I have been a part of the Youth Advisory Committee for the past three years and was elected this year to be the chairwoman. I have also taken various after-school classes over the years that have helped me find hobbies that I enjoy to do in my free time. 5.What school and/or extracurricular activities are you currently involved in or will be involved in during I am currently and will be part of the high school club Teens Unite For Education in the 2021-2022 school year. I am the president of the club and we are helping low income students in Dublin through fundraising for school supplies or food. In 770 3 the 2021‐2022 school year  and will you be able to  regularly attend the  monthly meetings?  addition, I am also interning with a local optometrist on the weekends to figure out what I would like to pursue career-wise. Regardless of these activities, I will have time to attend the monthly meetings. 6. Have you recently attended a YAC or other Dublin Commission or City Council meeting? If yes, what was the meeting date and what was the outcome of the item(s) you were interested in? I am currently part of the Youth Advisory Committee and have attended all of the meetings since the beginning of the year. Out of all our meetings, I think the one that was the most influential and important was the December 9, 2020 meeting. As a committee, we were able to give back to the community by providing clubs and organizations money that support Dublin residents. I think this was an item that was interesting and important to the community. The final decision made by the committee was to divide our funds and give them to 6 groups, all with varying purposes aimed to create a better Dublin. 6. Provide at least two (2) Letters of Recommendation from non-family members (i.e. employer, counselor, teacher, coach, etc.). The Letters of Recommendation must be signed. You can upload your Letters of Recommendation using the file upload link below. Upload 1st Letter of  Recommendation  (required)  Tari Hathaway - Saanya Goel Letter of Rec for Student Representatve for Parks and Community Services Commission.pdf Upload 2nd Letter of  Recommendation  (required)  Julianne Sundstrom - Saanya Goel Letter of Recommendation for Student Representative for Parks and Community Services Commission.pdf Upload 3rd Letter of  Recommendation (optional)  Field not completed. Application materials must be submitted via this online application form. The application deadline is 5:00 PM, Friday, March 26, 2021. Applications or letters of recommendation will not be accepted after the deadline. Email not displaying correctly? View it in your browser. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the  sender and know the content is safe.  771 23 March 2021 To Whom it May Concern: I have had the pleasure of teaching Saanya Goel in English 3 this year, as well as working with her on the club Teens Unite for Education (TUFE). Saanya serves as president of TUFE, and at the beginning of the year, she reached out to ask me if I’d be the club’s advisor. During these strange months of distance learning, I would not know many of my students if I passed them on the street, due to cameras pointed at the ceilings or not turned on at all. But Saanya stands out. Her face is consistently framed clearly in her camera’s frame, she participates in class, and she also comes to my office hours to get advice about her writing. Seeking help is such a hallmark of maturity and an important skill for any leader. I admire Saanya’s deep desire to improve, as well as how she consistently works toward learning and growing. She never seems discouraged by challenges or setbacks; instead, she employs a growth mindset. Furthermore, Saanya’s efforts do not only extend to furthering her own growth; she is a natural leader, and works productively with others. She does not hesitate to state her opinions, but she does so in a calm, respectful manner. The fact that she is president of TUFE speaks volumes about her dedication and commitment to improving the community of which she is a part. I’ve witnessed firsthand how committed she is to fundraising and improving the educational experience of preschool and elementary school children. Saanya is enthusiastic, diligent, and innovative in whatever she sets her mind to. I wholeheartedly recommend Saanya for the Student Representative for the Parks and Community Services Commission of Dublin. If you have any questions, please do not hesitate to contact me at hathawaytari@dublinusd.org. Sincerely, Tari Hathaway  English Teacher TUFE Advisor Freshman Mentor Program Advisor Dublin High School 1 772 March 23, 2021 To Whom It May Concern: I am delighted to write this letter of recommendation for Saanya Goel to take part as the Student Representative to the Parks and Community Service Commission for the City of Dublin. Saanya is an experienced candidate for this position as she has been a committee member to the Youth Advisory Committee (YAC) for three years and currently is the chairwoman. She has the skills to be effective in this role as student representative. Saanya is a strong leader as she has demonstrated in my class. Saanya is enrolled in the Biomedical Academy, where I have had the privilege to watch her grow as a confident and hardworking learner. From everyday assignments to creating a real life scenario for the entire class to participate in, Saanya never falls short of exceeding my expectations. Saanya has shown great methods of leadership especially by working and communicating with her group through an online platform. Having her in my class shows that she is passionate and is eager to make a difference in her community. In addition to being an outstanding student, she is currently the president of her high school club: Teens Unite for Education (TUFE). TUFE has done a marvelous job in providing school supplies and snacks to underprivileged students in Dublin. Saanya also was involved in raising money and awareness for the Leukemia and Lymphoma Society (LLS) as part of the Student of the Year program. Through her education and extra curriculars, it is evident Saanya is eager, diligent, and hardworking in all her endeavors. I am positive Saanya will do a splendid job in making decisions that would positively impact the City of Dublin. I strongly believe that Saanya will be the right candidate to represent the youth perspective on the Parks and Community Service Commission. Please consider Saanya to take part as the Student Representative to the Parks and Community Service Commission this year. Feel free to contact me if you have any more questions. Sincerely, Julianne Sundstrom, DVM Dublin High School Science Co-Chair and Biomedical Academy Coordinator sundstromjulianne@dublinusd.org www.dublinusd.org/dhs 773 1 Student Representative to the Parks and Community Services Commission First Name Kunal Last Name Khaware Street Address  City Dublin State CA Zip 94568 Email Address  Phone Number  What high school are you  currently attending?  The Quarry Lane School What high school will you  be attending in the 2021‐ 2022 school year?  The Quarry Lane School What grade (Junior or  Senior only) will you be  during the 2021‐2022  school year?  Senior, 12th grade 1.Why are you interested in serving on the Parks and Community Services Commission? I have lived in the City of Dublin for my entire life, volunteering, learning, understanding, and applying myself to the community. I want to become a member of the City of Dublin's Parks and Community Services Commission because I hope to improve the city I have seen grow for the past decade and learn more about our city's government. My inspiration to join this Commission stems from my strong desire to live a life of public service, aspiring to be a future elected official, and the Parks 774 2 and Community Services Commission would act as a foundation to fulfill my ambitions. Throughout the past couple of years, a great deal of political and social turmoil encompassed the lives of many youths, inclining my will to contribute to the Parks and Community Services Commission. My primary vision for this commission is to understand the significance of participating at a community level, pushing for collaboration and required reforms while inspiring each and every activity with a youth perspective. By becoming a member of the Parks and Community Services Commission, it would provide practical insight and knowledge on being a leader in our local community, acting as a valuable output for me to learn and apply my skills. Ultimately, I hope to serve as a helpful addition to the Parks and Community Service Commission and look forward to new opportunities and experiences. 2. What is the most  important contribution you  can make to the  Commission?  I believe the most important contribution I can offer to the Parks and Community Services Commission is to be a strong leader and bring a fresh perspective to the various agenda items we will discuss. If chosen, I will conduct myself in a humble and respectful manner, exhibiting empathy, communication, punctuality, organization, open-mindedness, and having a principled intention with each conversation. I have developed these attributes through a multitude of prior experiences and by daily practice. With my previous experiences in political campaigning and advocacy, working with Tri-Valley Mayors, City-Council members, and community activists, focusing on resolving specific housing and environmental issues, I have gained a deep understanding of cooperation, compromise, and a certain amount of vigilance. Moreover, I wish to lend my talents and further hone them by joining the Parks and Community Service Commission. 3. What knowledge do you  have of the parks and  recreational facilities in  Dublin?  Being raised in the City of Dublin, I have gotten to experience the beauty of the parks and recreational facilities in the City of Dublin. Growing up next to Emerald Glenn and Ted Fair Field Park, I have spent countless summers with friends having fun and enjoying the areas closest to us. As a young athlete, I have spent many seasons of Soccer and Baseball at Dublin Sports Ground, playing league sports representing the City of Dublin. Overall, I have spent many years at the available parks and recreational facilities such as the Shannon Community Center and the Dublin Wave Waterpark. Personally, I believe that the activities I participated in as a young person helped build my 775 3 confidence, work-ethic, and friend group; therefore, I will strive to improve upon them coming out of a global pandemic and ensure that the young people in the City of Dublin have safe havens for excitement and relaxation. 4. What knowledge do you  have of the programs  offered through the Parks  and Community Services  Department? Have you ever  participated in a program  (such as J.A.W.S., Dublin  L.E.A.D., J.L.P., Youth  Advisory Committee ‐ YAC)  or class offered by the Parks  and Community Services  Department?   From June 2020 to May 2021, I was appointed as a Youth Advisory Committee member in the City of Dublin. Though we were in a global pandemic, I still engaged actively during meetings and in any volunteer activity available such as the opening of the "All-Abilities" park at Dublin Sports Ground and the Shamrock Festival Chalk Walk. As a young student, I was enrolled in many summer learning camps at the Shannon Community Center, learning about videography, film, and editing. During my time at John Green Elementary, I was enrolled in the after-school recreation programs; thus through first-hand experience, I understand the importance of the programs offered by the Parks and Community Services Department. I have never participated in J.A.W.S., J.L.P., or the Dublin L.E.A.D. programs but am familiar with them and the beneficial value they produce to young students and teenagers in the City of Dublin. 5. What school and/or  extracurricular activities are  you currently involved in or  will be involved in during  the 2021‐2022 school year  and will you be able to  regularly attend the  monthly meetings?  Since I embarked on my high-school journey, I have immensely involved myself in a variety of extracurricular activities that further my career ambitions and goals. For instance, for the past three years in high school at Quarry Lane, I have had an elected role in Student Council, serving as the Freshman Class Vice-President, the Student Body Publicity Officer in Sophomore year, and this year, the Junior Class Vice-President. Working in these capacities taught me to be accountable and responsible for my elected duties, ranging from picking up the pizza to sell during lunch, organizing school-wide rallies or dances, and now, designing school events during a global pandemic. Nevertheless, I was also exclusively selected as a Head Student Ambassador at my school, helping new students adapt to the new academic environment at Quarry Lane. Additionally, I gave public speeches, provided tours and one-on-one talks to new families, and immersed myself in the student body. Beyond my academic and extracurricular activities, I remain politically active in many seasonal campaigns, advocating for beliefs and values. I am industrious in my time management and would like to demonstrate the same energy and passion to the Parks and Community Services Commission. I can confirm that I will actively prepare, participate, and attends to the 776 4 Commission’s agenda to enhance the City of Dublin's Parks and Community Services. 6. Have you recently  attended a YAC or other  Dublin Commission or City  Council meeting? If yes,  what was the meeting date  and what was the outcome  of the item(s) you were  interested in?  In the past, prior to my duties as a Youth Advisory Committee (YAC) member, I did attend many YAC sessions regarding the City of Dublin’s mini-grant program given to regional school clubs. My first YAC meeting was on Wednesday, December 11th, 2019, as part of the Quarry Lane Environmental Club where we earned $400 dollars of funding for our Rain Garden and Earth Day celebration. I also participated this year on December 9th, 2020 for the Quarry Lane Environmental Club, receiving $340 for our digital magazine. As a member of YAC, I have diligently attended many meetings in my appointed role. Nonetheless, as an active member of the community, I have religiously attended City-Council meetings that dealt with housing policy in the City of Dublin. Beginning in April of 2020, I began voicing my opinion on many housing projects like the "At-Dublin" project to the City-Council through public comment. Although we did not completely achieve our desired outcome, I demanded more community outreach on large-scale projects and did receive a positive response to that idea. I have come to know a majority of the City-Council members and enjoy discussing new ideas with them. 6. Provide at least two (2) Letters of Recommendation from non-family members (i.e. employer, counselor, teacher, coach, etc.). The Letters of Recommendation must be signed. You can upload your Letters of Recommendation using the file upload link below. Upload 1st Letter of  Recommendation  (required)  Field not completed. Upload 2nd Letter of  Recommendation  (required)  Field not completed. Upload 3rd Letter of  Recommendation (optional)  Field not completed. Application materials must be submitted via this online application form. The application deadline is 5:00 PM, Friday, March 26, 2021. Applications or letters of recommendation will not be accepted after the deadline. Email not displaying correctly? View it in your browser. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the  sender and know the content is safe.  777 MAYOR AND CITY COUNCIL P.O. Box 520, Pleasanton, CA 94566-0802 123 Main Street (925) 931-5001 Fax: 931-5482 March 25, 2021 To Whom It May Concern: It gives me great pleasure to offer a recommendation on behalf of Mr. Kunal Khaware. I have found Mr. Khaware to be friendly, a good communicator, excellent at follow-up, and willing to work hard as a representative for the community. For these reasons, I am recommending Mr. Khaware as a student representative for the City of Dublin’s Parks and Community Services Commission. I first met Mr. Khaware when he contacted me as a member of the Tri-Valley Sierra Club and an environmental activist. News had emerged that the Century House, a historic home, and community asset within Pleasanton, needed expanded parking. The site under consideration was a portion of the adjacent grassy area of our Bicentennial Park. As a concerned City Councilmember, I promptly responded and together we set up an outdoor meeting with Kunal and approximately 10 residents that live nearby. Together we listened to their concerns and set up follow-up meetings with city staff and the Pleasanton Parks and Recreation Commission. I was impressed by Kunal’s knowledge about the project, his friendly manner, and his sense of humor. He has the rare ability to communicate with people of all ages, which can be difficult for many youth members. Occasionally, Kunal and I will discuss local issues that concern both of our communities. His level of engagement and empathy towards his community gives me hope for our future generations. For these reasons, I hope you will consider Kunal to be a future member of the Student Representative for the Dublin Parks and Community Services Commission. Sincerely, Karla Brown Mayor of Pleasanton 778 The Quarry Lane School Dublin Campus: Jr. Kindergarten-12th Grade 6363 Tassajara Rd. Dublin, CA 94568 P (925) 829-8000 F (925) 829-4928 Pleasanton Campus East: Infant/Toddler, PreS and PreK 3750 Boulder St. Pleasanton, CA 94566 P (925) 846-9400 F (925) 462-1066 www.quarrylane.org Pleasanton Campus West: Preschool and Pre-Kindergarten 4444B Black Ave. Pleasanton, CA 94566 P (925) 462-6300 F (925) 462-1066 “Education is a lifelong commitment”® 3/24/21 Dear Mr. Siu, My name is Shannon Harrison, and I am Kunal Khaware’s Counselor at the Quarry Lane School. I am thrilled to be recommending him to potentially be a Student Representative to the Parks and Community Services Commission. From the moment I met Kunal I was incredibly impressed by his drive, passion, and dedication to public service. Kunal is incredibly ambitious. He has really challenged himself academically and performed beautifully. He is beyond responsible and takes feedback well. Because of this I think he has incredible potential- the ability to adapt and grow in any situation. Kunal has been an elected Student Council Official since freshman year. He is often elected in to positions because he gets the job done and is someone you can trust. He is great when it comes to looking at issues through multiple lenses, which is really exciting to see such a young person be able to apply these skills. He and I debate frequently about various issues and I love how we can learn and influence one another. He is not only devoted to our community at Quarry Lane, but he cares deeply about the Dublin Community. I have never met a young person so invested in their city. Kunal loves the city Dublin and loves being a member of the Dublin Youth Advisory Committee where he has had the opportunity to support and encourage the youth of Dublin and is eager to step it up and notch with this opportunity. Kunal is incredibly passionate about the environment, which is why I think he would really learn and thrive in this opportunity. He is very aware of all of the resources available to the residents of Dublin and I am excited that he may be able to put all of his incredible skills to good use. This could be an incredible opportunity for Kunal. I think he is a wonderful fit and I recommend him enthusiastically without any reservations. With Gratitude, Shannon Harrison MA Counselor Instructor 779 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.13 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Community Development Block Grant (CDBG) Program Status Report Prepared by: Jim Bergdoll, Senior Planner EXECUTIVE SUMMARY: The City Council will receive a report on the City of Dublin’s participation in the Community Development Block Grant (CDBG) program. STAFF RECOMMENDATION: Receive report. FINANCIAL IMPACT: None. DESCRIPTION: Background The Community Development Block Grant (CDBG) program provides annual grants to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974 and is administered by the U.S. Department of Housing and Urban Development (HUD). CDBG funds are allocated to local jurisdictions by HUD using a calculation based on relative levels of pre-1940 housing, poverty, overcrowding, population, and regional growth lag. The City receives CDBG funds through the Urban County program administered by the Alameda County Department of Housing and Community Development (HCD). The Urban County program is a way for cities with a population of less than 50,000 to receive CDBG funds. Cities over 50,000 may also choose to receive their CDBG allocation through the Urban County program. Dublin participates in the Urban County program through a Cooperative Agreement with the 780 Page 2 of 3 unincorporated Alameda County and the cities of Newark, Emeryville, Albany, and Piedmont (currently executed for Fiscal Years 2021-22 through 2024-25). On April 21, 2020, the City Council considered the option of becoming an Entitlement City and receive funding directly from HUD starting in 2021. At that meeting, the City Council elected to remain in the Urban County program and directed Staff to provide an update on the City’s participation in the Urban County program this spring. Dublin receives CDBG and related funding primarily in three ways: a) through an annual jurisdictional allocation to fund programs in Dublin; b) Capital Grants that are available for Urban County projects on a competitive basis to fund capital improvements; and c) funds that are awarded from related countywide sources to programs or projects that benefit Dublin residents. The following provides an overview of CDBG and related funding over the past year. Annual CDBG Jurisdictional Grant In Fiscal Year 2020-21, the City received an allocation of $106,310 (including $6,600 for administrative costs) for grants as one of the jurisdictions in the Urban County. Table 1 provides a summary of how the City used these funds for Human Services Grants. Table 1. FY 2020-21 Human Services Grants Organization Amount Tri-Valley Haven Homeless Shelter and Services $8,078 Community Resources for Independent Living (CRIL)$11,931 Axis Dental Clinic and Triage Nurse Services $14,550 CALICO Child Abuse Prevention Services $11,806 Legal Assistance for Seniors – Various services $6,268 Spectrum – Meals on Wheels $12,140 Open Heart Kitchen – Meal Program $21,211 Axis Clinic – Loan Payment (Capital Grant) for Facility Improvements $13,726 Capital Grant Dublin secured a $330,000 Capital Grant for Open Heart Kitchen to help fund a new kitchen facility as part of a larger 24-unit supportive housing development known as Vineyard 2.0 located in Livermore and providing services to Tri-Valley residents. Countywide Sources Emergency Solutions Grant HUD allocates funds for Emergency Solutions Grants annually for homeless services. The County then solicits proposals and awards funds on a competitive basis. City and County staff coordinated a one-time $157,151 Emergency Solutions Grant to Tri-Valley Haven for emergency shelter, rapid re-housing, and homelessness prevention. 781 Page 3 of 3 CARES Act CDBG Funding In response to the COVID-19 pandemic, additional funding was provided to the City through the CDBG program as part of the CARES Act. Table 2 provides a summary of how this funding was allocated. Table 2. CDBG CARES Act Funding Organization Amount Spectrum - Meals on Wheels; Tri-Valley Haven Food Pantry; Open Heart Kitchen meal distribution $96,607 County Emergency Rental Assistance Program (2020) – Assisted six Dublin households $13,755 City of Dublin Rent Assistance Program (2021) – Assisted 40 Dublin households $176,761 plus $13,200 for administration CDBG Minor Home Repair The Urban County allocates annual funding for a minor home repair program which is administered by Alameda County Healthy Homes. So far, this fiscal year, Healthy Homes has received four minor home repair applications for Dublin, which are currently in process for $19,650 in funding. Emergency Rent Assistance Program The Alameda County Housing Secure Emergency Rental Assistance Program helps income-eligible households pay rent and utilities, both for past-due and future payments. The federal Consolidated Appropriations Act of 2021 provides funding for this program. The program was launched in March 2021 and Staff have been referring Dublin residents to this resource. The total combined funding that has been allocated to Dublin from all these sources over the past year equals $913,434. This funding is in addition to the staffing and overhead expense incurred by the County to manage and administer the CDBG Urban County program. Staff will continue to look for opportunities to utilize CDBG and other funds to benefit Dublin residents in the coming year. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 782 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.14 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Perpetual Deed Restriction Endowment Agreement for Scarlett Drive Mitigation Area with Dublin Crossing, LLC and Zone 7 Prepared by: Kan Xu, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area with Dublin Crossing, LLC and Zone 7 of the Alameda County Flood Control and Water Conservation District to establish an endowment fund to support the management, preservation, enforcement, and protection of the Scarlett Drive Mitigation Area by Zone 7. STAFF RECOMMENDATION: Adopt the Resolution Approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area Between the City of Dublin, Dublin Crossing, LLC and Zone 7 of the Alameda County Flood Control and Water Conservation District. FINANCIAL IMPACT: There is no impact to the General Fund to prepare and approve this agreement. All costs to prepare the agreement are borne by the Developer. The endowment fund will be paid by the Developer on behalf of the City. DESCRIPTION: The Boulevard Development (formerly Dublin Crossing) project conditions of approval require the extension and widening of Scarlett Drive between Dougherty Road and Dublin Boulevard (Scarlett Drive/Iron Horse Trail Extension Project). The Project impacts existing wetland canal, wetland basin, and wetland drainage ditches, which cannot all be mitigated on-site or within the completed Scarlett Drive right-of-way. The City and Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7) have agreed to some off-site mitigation within a Zone 7-owned channel along Arnold Road, Canal 2. There will be approximately 0.466 acres of on-site mitigation within the street right-of-way of Scarlett Drive and approximately 0.79 acres of off-site mitigation 783 Page 2 of 3 within the Zone 7-owned Canal 2. The Scarlett Drive off-site mitigation within Canal 2 consists of removal of the concrete lining, re-contouring of the banks and substrate of the canal, and the planting of native riparian vegetation, as shown in the mitigation map (Attachment 3). The Mitigation and Monitoring Plan (MMP) for the Boulevard Development established mitigation land for unavoidable impacts to wetlands and other waters within the Development. The mitigation requirements were dictated by the permits from the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and San Francisco Bay Regional Water Quality Control Board. On-site development-related mitigation includes relocation of drainage ditches, restoration of wetland canals, and the creation of seasonal wetlands, which are collectively referred to as Restoration and Enhancement Areas within the Dublin Crossing Long Term Management Plan, dated April 5, 2017, and the Addendum to the Long Term Management Plan Dublin Crossing, dated November 4, 2020 (LTMP). The LTMP anticipates that the Restoration and Enhancement Areas will be owned by Zone 7, which will act as the Land Manager and Land Conservator, and that an endowment will be established to fund the activities that Zone 7 is required to fulfill in its Land Manager and Land Conservator roles. On August 27, 2017, Zone 7 entered into an endowment agreement with Dublin Crossing, LLC (Developer), which established Zone 7 as the Land Manager and Conservator of the Restoration and Enhancement Areas, after the Developer’s initial 10-year mitigation period. Zone 7 accepted the role in exchange for a developer-funded endowment of approximately $1 million for the management and maintenance of the development-related mitigation area in perpetuity. Similarly, both the addendum to the MMP and the addendum to the LTMP provide for the establishment of an endowment for the long term management, maintenance, and monitoring of the preserved and restored segments of the Scarlett Drive Mitigation Area in accordance with environmental permits. Consistent with the first endowment agreement for development-related mitigation, the Developer will contribute $380,000 to the endowment fund, and an additional $40,000 for Zone 7’s loss of mitigation area usage opportunity for the Scarlett Drive/Iron Horse Trail Extension Project on behalf of the City. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area Between the City of Dublin, Dublin Crossing, LLC and Zone 7 of the Alameda County Flood Control and Water Conservation District 784 Page 3 of 3 2) Exhibit A to the Resolution – Perpetual Deed Restriction Endowment Agreement for the Scarlett Drive Mitigation Area with Attachments A-D 3) Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map 785 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PERPETUAL DEED RESTRICTION ENDOWMENT AGREEMENT FOR THE SCARLETT DRIVE MITIGATION AREA BETWEEN THE CITY OF DUBLIN, DUBLIN CROSSING, LLC, AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WHEREAS, Dublin Crossing, LLC (“Developer”) and the City of Dublin (“City”) own certain real property located in the County of Alameda, State of California subject to a deed restriction for wetland creation, preservation, and channel restoration and enhancement described in the Addendum to: Revised Mitigation & Monitoring Plan (“Addendum MMP”) for the Boulevard Development (formally Dublin Crossing); and WHEREAS, the segment of drainage canal identified as “Canal 2” within the Addendum MMP, is located within properties owned by Developer and the City, and subject to the management described in the Addendum to: Long Term Management Plan, Dublin Crossing, dated November 4, 2020 (“Addendum LTMP”); and WHEREAS, Zone 7 of the Alameda County Flood Control and Water Conservation District (“Zone 7”) retains the perpetual rights and obligations of management of Canal 2, as described in the Addendum LTMP, and as established by the Covenants and Deed Restrictions for the Scarlett Drive Mitigation Area; and WHEREAS, the City is the sponsor of the project referred to as the Scarlett Drive/Iron Horse Trail Extension Project, and the Scarlett Drive/Iron Horse Trail Extension Project is required to enhance and restore segments of Canal 2 as described in the Addendum MMP in order to meet mitigation requirements set forth in the Scarlett Drive/Iron Horse Trail Extension Project permits and authorizations (“Permits”) issued by the U.S. Army Corps of Engineers, San Francisco Bay Regional Water Quality Control Board and California Department of Fish and Wildlife (collectively, “Permitting Agencies”); and WHEREAS, the City desires to provide mitigation for the Scarlett Drive/Iron Horse Trail Extension Project by restoration and preservation of segments of Canal 2, and the preservation and restoration is consistent with both the Addendum MMP, and the Addendum LTMP (collectively, “Addenda”), and these mitigation efforts satisfy the mitigation requirements set forth in the Permits issued by the Permitting Agencies; and WHEREAS, the Scarlett Drive/Iron Horse Trail Extension Project mitigation consists of removal of concrete lining and riprap, re-contouring of the banks and substrate of the canal, and planting of native riparian vegetation. A total of 0.79 acres (691 linear feet) of Canal 2 will be restored to mitigate for impacted wetland canal, wetland basin, and wetland drainage ditch; and 786 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 WHEREAS, the Addenda provide for the establishment of an endowment for the long-term management, maintenance, and monitoring of the preserved and restored segments of the Scarlet Drive Mitigation Area in accordance with the Permits; and WHEREAS, the City and Developer desire to have this endowment fund established to support the management, preservation, enforcement, and protection of the Scarlett Drive Mitigation Area by Zone 7, as created under the deed restriction; and WHEREAS, Zone 7 is a special district and an appropriate institution within which to establish and hold such an endowment; and WHEREAS, Zone 7 is willing and able to hold the perpetual deed restriction endowment, subject to the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Perpetual Deed Restriction Endowment Agreement for Scarlett Drive Mitigation Area, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Perpetual Deed Restriction Endowment Agreement for Scarlett Drive Mitigation Area, attached hereto as Exhibit A,and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of May, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 787 PERPETUAL DEED RESTRICTION ENDOWMENT AGREEMENT FOR SCARLETT DRIVE MITIGATION AREA THIS PERPETUAL DEED RESTRICTION ENDOWMENT AGREEMENT (“Agreement”), made and entered into on _______ by and between , DUBLIN CROSSING, LLC, a Delaware limited liability company (“Dublin Crossing” or “Founding Contributor”), the CITY OF DUBLIN (“Dublin” or “City”), and ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 WATER AGENCY, a California body corporate and politic ( “Zone 7”) (collectively referred to as the “Parties”). RECITALS WHEREAS, Dublin Crossing and the City of Dublin own certain real property located in the County of Alameda, State of California subject to a deed restriction described below for wetland creation, preservation, and channel restoration and enhancement described in the Addendum to: Revised Mitigation & Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin California prepared by Johnson Marigot Consulting, LLC, dated August 6, 2020, attached hereto and incorporated herein as Attachment A (“Addendum to Revised Mitigation & Monitoring Plan, Dublin Crossing”); WHEREAS, the segment of drainage canal identified as “Canal II” within the Addendum to the MMP, is located within the described property owned by Dublin Crossing and the City of Dublin, and subject to the management described in the Addendum to: Long Term Management Plan, Dublin Crossing, dated November 4, 2020, attached hereto and incorporated herein as Attachment B (“Addendum to Long Term Management Plan, Dublin Crossing”); WHEREAS, Zone 7 retains the perpetual rights and obligations of management of Canal II, as described in the Addendum to the LTMP, and as established by the Covenants and Deed Restrictions for the Scarlett Drive Mitigation Area (described in the Addendum to: Long Term Management Plan, Dublin Crossing, November 4, 2020) (see also, Attachment C – Covenants and Deed Restrictions); WHEREAS, the City of Dublin is the sponsor of the project referred to as the “Scarlett Drive Extension”, and the Scarlett Drive Extension project is required to enhance and restore segments of Canal II as described in the Addendum to the MMP in order to meet mitigation requirements set forth in the Scarlett Drive Extension project permits and authorizations (the “Permits”) issued by the U.S. Army Corps of Engineers (“Corps”), San Francisco Bay Regional Water Quality Control Board (“RWQCB”) and $WWDFKPHQW Exhibit A to the Resolution 788 -2- California Department of Fish and Wildlife (“CDFW”) (collectively, the “Permitting Agencies”); WHEREAS, the City desires to provide mitigation for the Scarlett Drive Extension project by restoration and preservation of segments of Canal II, and the preservation and restoration is consistent with both the Addendum to the MMP, and the Addendum to the LTMP (collectively “the Addenda” or “the Plans”), and these mitigation efforts satisfy the mitigation requirements set forth in the Permits issued by the Permitting Agencies. The “Scarlett Drive Mitigation” consists of removal of the concrete lining and riprap, re-contouring of the banks and substrate of the canal, and the planting of native riparian vegetation. A total of 691 linear feet (0.790 acres) of Canal 2 will be restored to mitigate for impacted wetland canal, wetland basin, and wetland drainage ditch (see also, Attachment D- Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map); WHEREAS, the Addenda provide for the establishment of an endowment for the long-term management, maintenance and monitoring of the preserved and restored segments of the Scarlet Drive Mitigation Area in accordance with the Permits; WHEREAS, the City of Dublin desires to have this endowment fund established to support the management, preservation, enforcement and protection of the Scarlett Drive Mitigation Area by Zone 7, as created under the Deed Restriction; WHEREAS, Dublin Crossing also desires to have this endowment fund established to support the preservation, enforcement and protection of the Scarlett Drive Mitigation Area, as created under the Deed Restriction; WHEREAS, Zone 7 is a special district and an appropriate institution within which to establish and hold such an endowment, and; WHEREAS, Zone 7 is willing and able to hold the perpetual deed restriction endowment, subject to the terms and conditions hereof. AGREEMENTS NOW THEREFORE, in consideration of the mutual promises made herein, the Parties agree as follows: 1. NAME OF FUND. There is hereby established in, and as a part thereof, a fund designated as the “Scarlett Drive Mitigation Area Endowment Fund” (hereinafter referred to as the “Fund”) to receive contributions in the form of money. 2. PURPOSE. The purpose of the Fund shall be to fund long-term management and monitoring of the Scarlett Drive Mitigation Area, as well as to fund Zone 7’s management and monitoring oversight activities, enforcement and protection of the Scarlett Drive Mitigation Area as required by the Permitting Agencies and as 789 -3- described in the Deed Restriction, the Plans applicable to those instruments, and the funding amounts identified pursuant to those instruments, as defined below, and in Sections 3 and 4 of this Agreement. 3. FUNDING. As the consideration for Zone 7 to accept the maintenance and long term management responsibilities specified in the Addendum to the MMP and the Addendum to the LTMP, and to further the charitable purposes to permanently preserve the benefits of the Deed Restriction, and also to manage the Fund in accordance with Uniform Prudent Management of Institutional Funds Act as provided in Section 10, below, the City unconditionally promises to contribute THREE HUNDRED AND EIGHTY THOUSAND DOLLARS ($380,000.00) (the “Endowment”) to Zone 7 as a condition to recording of the Deed Restriction. All grants, bequests, and devises to the Fund shall be irrevocable once accepted by Zone 7 upon City’s contribution to fund the Endowment and shall satisfy any and all obligations related to the Endowment. 4. DISTRIBUTION. The annual earnings allocable to the Fund, net of the fees and expenses set forth in Section 11, shall be granted or expended solely for purposes for expenditures to manage, maintain, protect, and monitor the Scarlett Drive Mitigation Area pursuant to the Plans, and to preserve the conditions and rights set forth in the Deed Restriction, including any costs for the monitoring, implementing and enforcing the Deed Restriction, and compensating Zone 7 for performance of tasks described in the Addenda. The Endowment Cost Table attached hereto and incorporated within the Addendum to the MMP (within Attachment B) is incorporated herein. No distribution shall be made from the Fund to any individual or entity if, in the judgment of Zone 7, such distribution will endanger Zone 7’s tax exemption status with any taxing authority. It is intended by the foregoing that at the time a distribution is made from the Fund, the distribution must be made for the purposes of funding activities related to the long-term management, maintenance and monitoring of the Scarlett Drive Mitigation Area, as described in the Plans, or for Zone 7’s protection and preservation of the Scarlett Drive Mitigation Area. No distribution shall be made from the Fund for any purpose unrelated to, or unconnected with, managing, maintaining or monitoring the Scarlett Drive Mitigation Area, or holding, monitoring, administering, repairing, defending, protecting and preserving the Deed Restriction. 5. VARIANCE. If Zone 7 proposes to terminate its long-term management, maintenance and monitoring of the Scarlett Drive Mitigation Area, the assets of the Fund shall, after payment or making provisions for payment of any liabilities properly chargeable to the Fund or payable to Zone 7 from the Fund pursuant to this Agreement, be distributed to a non-profit conservancy organization approved by the Permitting Agencies, who shall accept the terms of this Agreement as a condition to the distribution of any payments. If a conservation organization refuses to accept the Fund, Zone 7 shall distribute the Fund in such a manner and to such conservation organization or organizations, in the judgment of Zone 7 and the Permitting Agencies that satisfy the requirements of a non-profit conservancy organization with purposes 790 -4- similar to those of Zone 7; provided that the non-profit conservancy organization agrees to accept the terms of this Agreement as a condition for the distribution of the Fund. 6. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the contrary, Zone 7 shall hold the Fund, and all contributions to the Fund, subject to the provisions of any and all applicable California laws, the Permits and Zone 7’s enabling act. The Treasurer for the Board of Directors of Zone 7 shall monitor the distribution of the Fund and shall have all powers of modification specified in the applicable United States Treasury Regulations and the Internal Revenue Code. Specifically, the Zone 7 shall have the right to modify any restriction or condition on the distribution of funds where that restriction or condition becomes, in effect, unnecessary, incapable of fulfillment or inconsistent with the charitable purposes of the Deed Restriction. Upon request by the City of Dublin or Dublin Crossing, Zone 7 agrees to provide to the City of Dublin or Dublin Crossing, as applicable, within 30 days of the request, a copy of the latest available annual examination of the finances of the Zone 7 as reported on by independent certified public accountants. In addition, upon request by the City of Dublin or Dublin Crossing no more frequently than annually and at the City’s or Dublin Crossing’s sole cost and expense, as applicable, Zone 7 shall provide, within 90 days of the request, an activity report which contains a report on the balance of the Fund at the beginning of the calendar year; deposits; disbursements; fees; earnings, gains, losses and other investment activity accruing to the Fund during the previous calendar year; and the balance of the Fund at the end of the latest period available in the current year in which the report is requested. 7. CONDITIONS FOR ACCEPTANCE OF FUNDS. The City of Dublin, Dublin Crossing, and Zone 7 agree and acknowledge that the establishment of the Fund herein created is made in recognition of, and subject to, the terms and conditions of the Deed Restriction, the Plans (including the table of management cost estimates) and other provisions of this Agreement relating to the administration and use of the Fund. 8. NOT A SEPARATE TRUST. The Fund shall be a component part of Zone 7. All money and property in the Fund shall be held as general assets of Zone 7 and not segregated as trust property of a separate trust. 9. ACCOUNTING. The receipts and disbursements of this Fund shall be accounted for separately and apart from those of the other funds of Zone 7. 10. INVESTMENT AND USE OF FUNDS. Zone 7 shall employ an investment vehicle that assures the maintenance of the Fund principal. Zone 7 shall have all powers necessary or in its sole discretion desirable to carry out the purposes of the Fund, including, but not limited to, the power to retain, invest, and reinvest the Fund and the power to commingle the assets of the Fund with those of other funds for investment purposes. However, Zone 7 shall separately account for the balance of the Fund from other balances of all other accounts maintained or managed by Zone 7. In 791 -5- the investment and management of the Fund, Zone 7 shall act in accordance with the standard set out in California Probate Code Section 18501, et seq. (the “Uniform Prudent Management of Institutional Funds Act”). However, the City of Dublin, the Founding Contributor, and Zone 7 acknowledge the Fund may suffer an investment loss causing a reduction of Fund principal from time to time through no fault of Zone 7. An investment loss of any amount of the Fund is not the responsibility of Zone 7, provided Zone 7 acted in accordance with Zone 7’s duty to prudently invest the amounts in the Fund according to the standard set out in the Uniform Prudent Management of Institutional Funds Act. Additionally, neither the City of Dublin, nor the Founding Contributor are responsible for any investment loss of any amount and neither shall have further obligation to fund the Fund beyond making the contribution as described in the Funding provision in Section 3, above. Zone 7 is authorized to allocate receipts and expenses between principal and income accounts according to the California Uniform Principal and Income Act, as amended (the “CUPIA”). Zone 7 will determine how to allocate receipts or expenses that are not governed by the CUPIA. Nothing stated herein shall create an obligation of the City of Dublin or the Founding Contributor to supplement funds set forth in Section 3 of this Agreement as a result of any losses that may be sustained by the Fund. 11. COSTS OF THE FUND. It is understood and agreed that the Fund shall bear a fair share portion of the total investment and administrative costs of Zone 7. Those costs annually charged against the Fund are identified as “Land Manager Contingency” in the Cost Table. 12. GOVERNING LAW; CONSTRUCTION. This Agreement shall be governed by the laws of the State of California, and proper venue for any dispute arising out of this Agreement shall be Alameda County, California. The headings and captions of Articles and Sections used in this Agreement are for convenience only, and this Agreement shall be interpreted without reference to any headings or captions. Similarly, the presence or absence of language in prior drafts of this document shall not be used to interpret any provision hereof. This Agreement has been prepared and revised by attorneys for both Parties, so any rule of law or construction that ambiguities are to be construed against the party responsible for drafting shall not apply. 13. NOTICES. All notices, requests, demands and other communications required by the Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (or by electronic mail) on the party to whom notice is to be given, or on the second (2nd) day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows: 792 -6- Zone 7: General Manager Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Telephone: 925-454-5000 City of Dublin: City Manager 100 Civic Plaza Dublin, CA 94568 Founding Contributor: Dublin Crossing, LLC, a Delaware limited liability company 500 La Gonda Way, Suite 100 Danville, CA 94526 With a copy to: Alicia Guerra Buchalter, A Professional Corporation 55 Second Street, Suite 1700 San Francisco, CA 94105 Any party may change its address for purposes of this Section by giving the other party written notice of the new address in the manner set forth above. 14. ENTIRE AGREEMENT; RECITALS; AMENDMENT. This Agreement is entered into pursuant to the Deed Restriction and the Plans. The Deed Restriction, the Plans, the Cost Table, and this Agreement constitute the entire agreements between the Parties (related to Scarlett Drive Mitigation Area only), and supersede all prior agreements, whether oral or in writing. The Recitals and any Attachments to this Agreement are incorporated into the Agreement by this reference. This Agreement may be amended only in writing agreed to and signed by all Parties and with the written concurrence of the California Attorney General’s office, Registrar of Charitable Trusts, if required by policy or practice of such office. 15. WAIVER. No provision of this Agreement may be waived except in a written instrument signed by the party who is entitled to the benefit of said provision. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver. 793 -7- 16. CONSTRUCTION. A. References to any provision of the Internal Revenue Code shall be deemed references to the U.S. Internal Revenue Code of 1986 as the same may be amended from time to time and the corresponding provision of any future U.S. Internal Revenue Code. B. It is intended that the Fund shall be a component part of Zone 7 and that nothing in this Agreement shall affect the status of Zone 7 as a water agency. This Agreement shall be interpreted in a manner consistent with the foregoing intention and so as to conform to the requirements of the Internal Revenue Code and any regulations issued pursuant thereto applicable to the intended status of Zone 7. 17. CONFLICT OF TERMS. The Parties also have agreed to the terms set forth in the Deed Restriction, which is intended to set forth the rights and obligations of the City of Dublin, Dublin Crossing, and Zone 7 with respect to the perpetual conservation, monitoring and maintenance of the Scarlett Drive Mitigation Area pursuant to the Deed Restriction. In the event of any inconsistency between the terms of that easement and the provisions of this Agreement with respect to the funding, distribution, management and operation of the Endowment, the terms of the Permits shall control. Nothing in this Agreement is intended to abridge or modify the rights accorded to the City of Dublin, Dublin Crossing, or Zone 7 under the Deed Restriction for any failure by the other party to perform its obligations and duties as set forth in the Deed Restriction with respect to such party, with such remedies provided in the Deed Restriction as to the other party. 18. SEVERABILITY. If any provision of this Agreement is held to be unlawful or invalid by any court of law with duly established jurisdiction over this Agreement, the Parties intend that the remainder of this Agreement shall remain in full force and effect notwithstanding the severance of the unlawful or invalid provision(s). 19. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed by a party’s signature transmitted electronically, including those delivered by PDF or signed through the electronic signature system known as “DocuSign,” and copies of this Agreement executed and delivered by means of electronic signatures shall have the same force and effect as copies hereof executed and delivered with original signatures. 20. COOPERATION. The Parties will cooperate in good faith to achieve the objectives of this Agreement and to avoid disputes. The Parties will use good faith efforts to resolve disputes at the lowest organizational level and, if a dispute cannot be so resolved, the Parties will then elevate the dispute to the appropriate officials within their respective organizations. 794 -8- 21. PREVAILING PARTY. In any action to enforce the terms of this Agreement, the Prevailing Party shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees and costs. “Prevailing Party” shall include without limitation a party who dismisses an action in exchange for sums allegedly due; the party who receives performance from the other party for an alleged breach of contract or a desired remedy where the performance is substantially equal to the relief sought in an action; or the party determined to be the prevailing party by a court of law. 22. THIRD PARTY BENEFICIARY. This Agreement confers rights and remedies upon the Corps, RWQCB, and CDFW as third party beneficiaries, insofar as this Agreement is intended to carry out the requirements and obligations set forth in the Deed Restriction and the Plan. No person, other than the Parties or said named third party beneficiaries, has any rights or remedies under this Agreement. 23. AUTHORITY. Each person signing this Agreement on behalf of a party to this Agreement warrants to the other that its respective signatory has fully right and authority to enter into and consummate this Agreement and the transactions contemplated hereby. 24. CONSTRUCTION OF AGREEMENT. The provisions contained herein shall not be construed in favor of or against any of the Parties to this Agreement, but shall be construed as if each of the Parties prepared this Agreement. 25. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Parties, their permitted successors and assigns. 26. NONEXCLUSIVE REMEDIES. No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity. 27. NECESSARY FURTHER ACTS. Each party to this Agreement agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the intent of this Agreement. 28. TIME IS OF THE ESSENCE. Time and each of the terms, covenants and conditions of this Agreement are expressly made of the essence. [Signatures on Following Page] 795 IN WITNESS WHEREOF, the City of Dublin, the Founding Contributor and Zone 7 each has executed this Agreement by a duly authorized officer, effective as of the day and year first above written. ZONE 7 WATER AGENCY, a California political subdivision By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ City of Dublin By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ 796 Agenda Item No. 4.14 Attachment 2 - Attachments to Perpetual Deed Restrictions Endowment Agreement 797 Attachment 3798 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 7.1 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Establishment of an Economic Development Zone and the Creation of an Incentives Package for Properties East of Fallon Road Prepared by: Hazel L. Wetherford, Economic Development Director and Suzanne Iarla, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider establishing an Economic Development Zone for properties east of Fallon Road to encourage private investment in the targeted industry sectors as prioritized by the City Council. The City Council will also consider an Incentives Package to assist with the attraction of job-rich and/or high-wage businesses within the Economic Development Zone’s targeted industries. STAFF RECOMMENDATION: Adopt the Resolution Approving the Establishment of the Fallon East Economic Development Zone Map and Incentives Package. FINANCIAL IMPACT: There is no financial impact associated with the approval of establishing the Fallon East Economic Development Zone and associated incentives package. Requests to participate in any of the incentives will be brought to the Economic Development Committee and the City Council in the future, as needed. DESCRIPTION: Background The City’s Two-Year Strategic Plan includes the objective of looking to establish an Economic Development Zone to prioritize commercial and industrial development east of Fallon Road. On September 15, 2020, the City Council received an initial report on the Fallon-East Property Planning and Development Framework. The City Council was supportive of the Staff recommendation to create a hybrid land use designation to provide flexibility desired by the 799 Page 2 of 5 existing landowners while supporting the City’s goal of these properties developing with economic and job-rich uses such as Life Science, Advanced Manufacturing, Clean/Green Technology, Automation and Robotics, Technology, Startups, and Incubators. On October 20, 2020, the City Council received a second report on the Fallon-East Property Planning and Development Framework that provided the initial framework for the creation of an Economic Development Zone. On March 16, 2021, the City Council received a third report on the Fallon-East Property Planning and Development Framework and initiated a General Plan Amendment Study for approximately 73 acres east of Fallon Road on the GH Pac Vest and Alameda properties. The Study will evaluate changing the existing General Plan land use designation from General Commercial to General Commercial/Campus Office. This action taken by the City Council furthers the strategic priority to establish an Economic Development Zone to prioritize commercial and industrial development east of Fallon Road. Establishment of an Economic Development Zone for Properties East of Fallon Road The establishment and creation of an Economic Development Zone (EDZ) could provide several benefits to the City in establishing a designated area for the attraction of private investment in the targeted industries. Those targeted industry sectors prioritized by the City Council include: Life Sciences1 Advanced Manufacturing Clean/Green Technology Automation and Robotics Technology Startups and Incubators The goal in creating the EDZ would be to transform the area into a thriving corridor that capitalizes on its location along the I-580 freeway and create opportunities for new uses and services in the community, generating new jobs and tax revenues to support City services and programs. The City would leverage the tools within its control for the benefit of attracting investment and thus adding value to the property benefitting the overall Dublin community. Examples of such tools include zoning and land use designations, incentive programs, and standards and guidelines that streamline the development approval process (a portion of which has been initiated by the City Council through the General Plan Amendment Study). Staff is proposing the creation of an Economic Development Zone area for those parcels identified in the Fallon-East Property Planning and Development Framework as shown in Figure 1 below and to name the EDZ, the Fallon East Economic Development Zone. Attachment 2 provides a detailed description of the parcels. 1 The life sciences sector includes but is not limited to companies operating in the fields of biotechnology (including genetics), pharmaceutical, medical device and diagnostics, food science/food processing, and other efforts towards the discovery, development and delivery of products to improve the lives of organisms. 800 Page 3 of 5 Figure 1. Fallon East EDZ Area (parcels included are outlined in black) As previously reported in the October 10, 2020 Staff Report (Attachment 4), similar initiatives can be seen throughout the state in various communities. For example, the City of Vacaville has launched a similar initiative, creating a biotech zone to attract potential biotech tenants. Another example is the City of Pleasanton with the creation of the Johnson Drive EDZ which was created to help spur investment in 40 acres of underutilized vacant land near I-680. The creation and designation of the Fallon East EDZ also includes an incentives package to further promote the City’s economic development goals and objectives as outlined in the following section. Fallon East EDZ Incentives Package Proposal In an effort to attract job-rich and high-wage businesses within the City Council’s targeted industries, Staff has developed an Incentives Package specific to the Fallon East EDZ. The proposed Package will help promote the following economic development goals and objectives: Assist the City in attracting businesses in the targeted industries as prioritized by the City Council. Increase the local tax base, including sales and use tax, transient occupancy tax and/or property tax. 801 Page 4 of 5 Diversify the local economy. Attract, grow, and advance employers that create or provide sustainable, living wage jobs. Repair, expand, and improve City infrastructure as needed to attract high quality private development. The following is a summary of the proposed Package that would be unique to the Fallon East EDZ and the City Council’s targeted industries, followed by descriptions of the programs offered. City Programs: 1. Property Tax Sharing 2. Streamlined Development Review and Fee Deferral 3. Reimbursement of Building Permit and Inspection Fee Cost 4. Green Construction Incentive Marketing of State/Federal Financing Programs: 5. Industrial Development Bond Program and Statewide Community Infrastructure Program 6. Assistance with Federal and State Incentives/Tax Exemptions 1. Property Tax Sharing Offer a property tax sharing incentive on a case-by-case basis between 30% to 50% for a period of either five or 10 years. Annual reimbursement would be based on a cap of total capital investment, net new job creation, and incurred costs of eligible expenses such as: New building construction Purchase of new machinery and equipment Construction or improvement of infrastructure required for new location or expansion 2. Streamlined Development Review and Fee Deferral Offer Business Concierge Program services to provide streamlining of the approval process through a cross-departmental team available to work with the developer and their design/construction teams throughout the process. Offer expedited review by Staff for planning entitlements (on a case-by-case basis). Create a special Fallon East EDZ pre-application process and increase the number of hours that Staff provides at no charge to applicant (on a case-by-case basis). Offer deferred payment of City Impact Fees to the issuance of the first utility meter (or two years, whichever is shorter). 3. Reimbursement of Building Permit and Inspection Fee Cost (case-by-case basis) Reimburse 20% of the cost of City Building Permit and Inspection Fees for new building construction or tenant improvement (the cost of Staff time would then be absorbed by the General Fund). 4. Green Construction Incentive Reimburse a portion of the cost for LEED certification if building is owned by or at least 50% leased to one or more tenant(s) in targeted industries by the time of LEED certification: 802 Page 5 of 5 LEED Gold: Up to $15,000 LEED Platinum: Up to $20,000 5. Industrial Development Bond Program and the Statewide Community Infrastructure Program Provide marketing and information on the State’s Industrial Development Bond program and the Statewide Community Infrastructure program. 6. Assistance with Federal and State Incentives/Tax Exemptions Utilize the services of the City’s state and federal advocacy consultant, Townsend Public Affairs, to host educational workshops and assist new eligible businesses to apply for relevant programs, such as: o Manufacturing and Research and Development Partial Sales and Use Tax Exemption o State Sales and Use Tax Exclusion o State Research & Development Tax Credit o California Competes Tax Credit o Employment Training Panel o Federal Work Opportunity Tax Credit Attachment 3 to this report provides a detailed description of the Package’s suite of incentives. On April 20, 2021, the City Council’s Economic Development Committee (EDC) received a presentation on the proposed Package, and supported it as presented. This recommendation falls under the EDC’s purview to provide policy guidance and direction on economic development activities. STRATEGIC PLAN INITIATIVE: Strategy 5: Large Land Tract Development and Open Space Objective A: Look to establish an Economic Development Zone to prioritize commercial and industrial development east of Fallon Road. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and a copy of the Staff Report was provided to all of the property owners included in the Fallon East Economic Development Zone. ATTACHMENTS: 1) Resolution Approving the Establishment of the Fallon East Economic Development Zone Map and Incentives Package 2) Exhibit A to Resolution – Fallon East Economic Development Zone Map 3) Exhibit B to Resolution – Fallon East Economic Development Zone Incentives Package 4) October 10, 2020 Staff Report 803 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE ESTABLISHMENT OF THE FALLON EAST ECONOMIC DEVELOPMENT ZONE MAP AND INCENTIVES PACKAGE WHEREAS,the City Council has made economic development a high priority and has initiated a General Plan Amendment Study for approximately 73 acres east of Fallon Road; and WHEREAS,the Study is evaluating changing existing General Plan land use designations; and WHEREAS,one of the goals in changing the existing land use is the creation and designation of an Economic Development Zone to attract job-rich and/or high-wage businesses in the targeted industries. Those targeted industry sectors prioritized by the City Council include: life sciences, advanced manufacturing, clean/green technology, automation and robotics, technology, and startups and incubators; and WHEREAS,Staff is proposing the establishment of the Fallon East Economic Development Zone (Fallon East EDZ) as depicted in the attached map; and WHEREAS,Staff has also evaluated possible incentives to assist with the attraction of job-rich and/or high-wage businesses in the above-mentioned targeted industries; and WHEREAS,the Fallon East EDZ Incentives Package is designed to encourage private investment in the development of new high-quality buildings for use by businesses in the above- mentioned targeted industries; and WHEREAS,the Package is designed to promote the following public purposes: increase the local tax base; diversify the local economy; attract, grow and advance employers that create or provide sustainable, living wage jobs in the above-mentioned targeted industries; and repair, expand and improve City infrastructure; and WHEREAS,the City Council desires to develop the Fallon East EDZ. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Establishment of the Fallon East Economic Development Zone Area as depicted in the map attached hereto as Exhibit A and the Fallon East Economic Development Zone Incentives Package attached hereto as Exhibit B. BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager, from time to time, to amend, interpret, and implement the guidelines for the Fallon East Economic Development Zone Incentives Package as may be necessary and desirable to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: 804 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 3753001.1 805 Attachment 2 Exhibit A to the Resolution Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 Fallon East Economic Development Zone Map Name Acreage Alameda 1.25 Acres Branaugh 40.2 Acres EBJ Partners 1.1 Acres GH PacVest (formerly Anderson)50.3 Acres GH PacVest (formerly Chen)140.1 Acres Monte Vista 9.3 Acres Pleasanton Ranch Investments 0.4 Acres Righetti 49.6 Acres Total 292.25 Acres 806 Fallon East Economic Development Zone Incentives Package PURPOSE: To establish an Incentives Package (Package) to further promote the City’s economic development goals and objectives for the Fallon East Economic Development Zone (Fallon East EDZ). This Incentives Package is limited only to those targeted industries in the Fallon Road EDZ. Those targeted industry sectors prioritized by the City Council for the Fallon East EDZ include: Life Sciences1 Advanced Manufacturing Clean/Green Technology Automation and Robotics Technology Startups and Incubators The Package will help promote the following economic development goals and objectives: Assist the City in attracting businesses in the targeted industries as prioritized by the City Council. Increase the local tax base, including sales and use tax, transient occupancy tax and/or property tax. Diversify the local economy. Attract, grow, and advance employers that create or provide sustainable, living wage jobs. Repair, expand, and improve City infrastructure as needed to attract high quality private development. The Package includes both City specific programs and the marketing of state and federal financing programs. City Programs: 1.Property Tax Sharing 2.Streamlined Development Review 3.Fee Reimbursement 4.Green Construction Incentive Marketing of State/Federal Financing Programs: 5.Industrial Development Bond Program and Statewide Community Infrastructure Program 6.Assistance with Federal and State Incentives/Tax Exemptions 1 The life sciences sector includes but is not limited to companies operating in the fields of biotechnology (including genetics), pharmaceutical, medical device and diagnostics, food service/food processing, and other efforts towards the discovery, development and delivery of products to improve the lives of organisms. Attachment 3 Exhibit B to the Resolution 807 CITY PROGRAMS 1. Property Tax Sharing The Property Tax Sharing Incentive provides sharing of a portion of the City’s property tax revenue received that is attributable to the parcel in the range of between 30% to 50% for a period of either five or 10 years. Annual reimbursement is based on a cap of total capital investment, net new job creation, and actual incurred costs of eligible expenses such as: New building construction Purchase of new machinery and equipment Construction or improvement of infrastructure required for new location or expansion Eligibility: Offered on a case-by-case basis. Applicant may be property owner, ground leaseholder (with a lease of at least 10 years or longer), or developer of projects exclusively or primarily for end-user(s) in targeted industries. 2. Streamlined Development Review and Fee Deferral In addition to the Business Concierge Program services offered citywide, developers and end-user businesses are offered: Streamlined Approval Process through a cross-departmental team available to work with developer and their design/construction teams throughout the process. Expedited Review with priority review by Staff for planning entitlements (on a case-by-case basis). Special EDZ pre-application process, including increased number of hours that staff provides at no charge to applicant (on a case-by-case basis). Deferred payment of City Impact Fees to first utility meter (or two years, whichever is shorter). Eligibility: As noted above. Applicant may be property owner, ground leaseholder (with a lease of at least 10 years or longer), developer or end-user business. For end-user business undertaking tenant improvements, business must have lease of three or more years and at least five full-time equivalent employees to be eligible for incentive. 3. Reimbursement of Building Permit and Inspection Fee Cost This incentive provides a reimbursement of 20% of the cost of City Building Permit and Inspection Fees for new building construction or tenant improvement projects (on a case-by-case basis). For project with known end-user tenant (i.e. build to suit), reimbursement to be issued after certificate of occupancy has been received. For project with unknown end-user tenant(s) at time of application (i.e. spec development), reimbursement to be issued after certificate of occupancy has been issued and tenancy requirement (50% leased to tenants in targeted industries within eight months of completion) has been met. For end-user business undertaking tenant improvements, business must have lease of three or more years and at least five full-time equivalent employees to be eligible for incentive; reimbursement to be issued after certificate of occupancy has been received. 808 Eligibility: Applicant may be property owner, ground leaseholder (with a lease of at least 10 years or longer), developer or end-user business. 4. Green Construction Incentive This incentive reimburses a portion of the cost for LEED certification if building is owned by or at least 50% leased to one or more tenant(s) in targeted industries by the time of LEED certification: LEED Gold: Up to $15,000 LEED Platinum: Up to $20,000 LEED certification is handled by Green Business Certification Inc., not the City of Dublin. Amount of reimbursement would not exceed 50% of the actual application cost paid by developer to GBCI and will only be reimbursed after successful certification. Eligibility: All projects that are certified as LEED Gold or Platinum. Applicant may be property owner, ground leaseholder (with a lease of at least 10 years or longer), or developer of projects exclusively or primarily for end-user(s) in targeted industries. MARKETING OF STATE/FEDERAL FINANCING PROGRAMS 5. Industrial Development Bond Program and Statewide Community Infrastructure Program Staff will market and provide information on the State’s Industrial Development Bond Program and the Statewide Community Infrastructure Program. Eligibility: This incentive is offered to all projects. 6. Assistance with Federal and State Incentives/Tax Exemptions Staff can provide information on various State and Federal incentive programs and tax exemptions, or utilize the services of the City’s state and federal advocacy consultant to host educational workshops and assist new end-user businesses to apply for certain State and Federal programs, such as: Manufacturing and Research and Development Partial Sales and Use Tax Exemption State Sales and Use Tax Exclusion State Research & Development Tax Credit California Competes Tax Credit Employment Training Panel Federal Work Opportunity Tax Credit Eligibility: This incentive is offered on a case-by-case basis for projects and end-user businesses. APPLICATION PROCESS As part of the application process, applicants shall be required to agree that, as required by California Labor Code Section 1720 et seq., if project is determined to be a “public work” as that term is used in Section 1720 of the California Labor Code, then the project shall include prevailing wages and otherwise comply with the all-other applicable laws and regulations with respect to prevailing wage. Participants in any of the incentive programs will be responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law. 809 Applicants will also be required to agree that, if required by Assembly Bill 562 (2013), applicant will follow all procedures including prevailing wage, public hearings and reporting requirements. Furthermore, applicants will be required to demonstrate that, but for the respective incentive, the development or improvement would not occur. Upon receipt of a complete application for one or more of the package incentives, the request will be presented to the Economic Development Committee for review and recommendation. Requests approved by the Economic Development Committee will then be presented to City Council for final approval when applicable. 810 $WWDFKPHQW 811 812 813 814 815 Establishment of an Economic Development Zone and the Creation of an Incentives Package May 18, 2021 Item 7.1 816 Background •City Council Two-Year Strategic Plan –Strategy 5, Objective A •September 15, 2020 –City Council received an initial report •October 20, 2020 –City Council received a second report and initial framework for an Economic Development Zone •March 16, 2021 –City Council received a third report and initiated a GPA Study 817 Establishment of Economic Development Zone •Provides several benefits for the attraction of private investment •Location •Job creation •Targeted industries: -Life Sciences -Advanced Manufacturing -Clean/Green Technology -Automation and Robotics -Technology -Startups and Incubators 818 Economic Development Zone Map 819 EDZ Incentives Package Goals •Attract businesses in the targeted industries •Increase the local tax base •Diversify the local economy •Focus on employers that create or provide sustainable, living wage jobs •Improve City infrastructure to attract high quality private development 820 EDZ Incentives Package Overview City Programs: 1.Property Tax Sharing 2.Streamlined Development Review and Fee Deferral 3.Reimbursement of Building Permit and Inspection Fee Cost 4.Green Construction Incentive Marketing of State/Federal Financing Programs: 5.Industrial Development Bond Program and Statewide Community Infrastructure Program 6.Assistance with Federal and State Incentives/Tax Exemptions 821 1. Property Tax Sharing •Offer annual reimbursement between 30% to 50% for up to 10 years •Considerations: –total capital investment –net new job creation –incurred costs of eligible expenses •Case-by-case basis 822 2. Streamlined Development Review and Fee Deferral •Offer Business Concierge Program services •Offer deferred payment of City Impact Fees Case-by -case basis: •Offer expedited review by Staff for planning entitlements •Create a special Fallon East EDZ pre- application process 823 3. Reimbursement of Building Permit and Inspection Fee Cost •Reimburse 20% of the cost of City Building Permit and Inspection Fees for new building construction or tenant improvement •Case-by -case basis 824 4. Green Construction Incentive •Reimburse a portion of the cost for LEED certification for eligible projects: –LEED Gold: Up to $15,000 –LEED Platinum: Up to $20,000 825 Marketing of State and Federal Financing Programs: 5. Provide marketing and information on the State’s: •Industrial Development Bond program •Statewide Community Infrastructure program 6. Host educational workshops and assist businesses to apply for various incentive and/or tax exemption programs (on a case-by -case basis) 826 Recommendation •Adopt the Resolution Approving the Establishment of the Fallon East Economic Development Zone Map and Incentives Package 827 828 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 8.1 DATE:May 18, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Introduction of an Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs. FINANCIAL IMPACT: None. DESCRIPTION: Background Article IV of Chapter 5.36 of the Dublin Municipal Code provides regulations for the abatement of vicious dogs. Specifically, the regulations outline the administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. These regulations were originally adopted in 1987. Since incorporation, the City has contracted for Animal Control Field Services with the Alameda County Sheriff’s Office (ACSO). ACSO Animal Control Officers are responsible for the basic patrol functions of Animal Control, including investigation of complaints and dog bites, dead animal pick- up, issuance of citations, preparation of reports, and the sale of dog licenses. 829 Page 2 of 4 The City is responsible for the Vicious Dog determination and hearing process, enumerated in the Dublin Municipal Code Article IV of Chapter 5.36. When a dog bite occurs, ACSO Animal Control Officers complete an investigation and provide a report to the City detailing the facts of the case. City staff then decides as to whether a Vicious Dog Hearing is warranted. The purpose of the Vicious Dog Hearing is to provide a procedure by which the City can take additional oral and documentary evidence, declare a dog “vicious,” and impose measures to control, confine, destroy, or place restrictions on the dog. The hearing helps to limit the City’s exposure if a repeat attack occurs. The process can also address the victim’s concerns. Vicious Dog Hearings are administered in the City Manager’s Office. In 2020, following a judicial appeal of a City’s vicious dog determination, Staff identified the need to update the City’s Vicious Dog regulations. Specifically, the regulations needed to include a clear appeal process as well as a designation lesser than “vicious dog.” Additionally, Staff desired to update the regulations to improve the overall administration of the program and update terminology at the recommendation of ACSO Animal Control. Summary of Proposed Changes 1. Addition of “potentially dangerous dog” and updated definitions for “vicious dog” The proposed Ordinance now includes a less-than-vicious-dog designation, “potentially dangerous dog.” A potentially dangerous dog, as defined in the ordinance, is any: 1) dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog; 2) dog which, when unprovoked, bites a person causing a less severe injury than what is defined in the Ordinance; 3) dog which, when unprovoked, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. A vicious dog is now defined as any: 1) dog which, when unprovoked, inflicts severe injury on or kills a human being; 2) dog that has killed or caused the death of another domestic animal; 3) dog previously determined to be a potentially dangerous dog which, after its owner has been notified of this determination, continues to behave in the manner described in the “potentially dangerous dog” definition. 2. Update to Determination and Notice Process Under the proposed ordinance, the incidents reported to the City may be investigated. If, based on the investigation, it is concluded there is probable cause to believe the dog is potentially dangerous or vicious, the City will notify the owner in writing with the reasons for this determination as well as the abatement actions ordered. This Notice will include an additional notice of the right of the owner to request a hearing to appeal the determination. If a hearing is not requested within seven business days, the determination by the City will 830 Page 3 of 4 be deemed final. If, based on the investigation, it is concluded there is probable cause to believe that a dog has engaged in the first occasion of the potentially dangerous conduct described in the Ordinance, the City may issue a warning notice to the person owning or controlling the dog. A warning is not required in the determination as to whether a dog is potentially dangerous or vicious. 3. Administrative Timeline Extensions The proposed Ordinance expands the time frame for scheduling a hearing from 10 to 15 business days in order to provide enough time to coordinate the schedules of all parties required to attend the hearing. 4. Addition of Appeal Process The proposed Ordinance now includes a clear appeal process. Any person aggrieved by any decision or action resulting from the hearing may appeal such decision to the Alameda County Superior Court in the manner set forth in California Food and Agricultural Code Section 31622. The filing of an appeal shall stay the decision or action resulting from the hearing. 5. Removal of term “destroy” The proposed Ordinance has removed the term “destroy” and replaces it with “humane euthanasia.” 6. Establishment of Fines Under the proposed Ordinance, any violations of the Ordinance involving a potentially dangerous dog shall be punished by a fine not to exceed $500. Violations involving a vicious dog shall be punished by a fine not to exceed $1,000. Violations include failure of the owner of a potentially dangerous or vicious dog to comply with and provide evidence of the appropriate controls and enforcement actions ordered by the City. The proposed changes have been reviewed by the Alameda County Sheriff’s Office and the City Attorney’s Office. Next Steps The proposed Ordinance will become effective 30 days following adoption. Once effective, Staff will administer the program in accordance with the updated procedures. STRATEGIC PLAN INITIATIVE: None. 831 Page 4 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and copies of this Staff Report have been delivered to Captain Pace Stokes, Sergeant Mike Norton, and Jennifer Wills of the Alameda County Sheriff’s Office, who oversee the Animal Control Division. ATTACHMENTS: 1) Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs 832 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 7 ORDINANCE NO. XX – 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ARTICLE IV (ABATEMENT OF VICIOUS DOGS) OF SECTION 5.36 (ANIMAL CONTROL) OF THE DUBLIN MUNICIPAL CODE REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOGS WHEREAS,since incorporation, the City has contracted Animal Control Field Services with the Alameda County Sheriff’s Office, who is responsible for the basic functions of Animal Control, including the investigation of complaints and dog bites; and WHEREAS,the City is responsible the Vicious Dog Hearing process, as described in Article IV of Section 5.36 of the Dublin Municipal Code; and WHEREAS,the City desires to update Article IV of Section 5.36 of the Dublin Municipal Code to clarify the appeal process for Vicious Dog Hearings, add a designation lesser than “vicious dog,” and to improve the overall administration of the program NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1.Recitals.The above recitals are true and correct and made part of this Ordinance. Section 2.Approval of Amendments. Article IV of Section 5.36 of the Dublin Municipal Code is amended as follows (with additions in italics and deletions in strikethrough). Article IV. Abatement of Potentially Dangerous and Vicious Dogs 5.36.280 Purpose and intent. Within the city there are potentially dangerous and vicious dogs which constitute a public nuisance which should be abated. The provisions of this article set forth the procedures for finding a dog potentially dangerous or vicious and subjecting the dog to appropriate controls and enforcement action provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This article is intended to supplement rather than supplant any other remedy available either under state law or city ordinance. 5.36.285 Exceptions. A.This article does not apply to humane society shelters, animal control facilities, or veterinarians or to dogs while utilized by any police department or any law enforcement officer in the performance of police work. 833 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 7 B.No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. C.No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. D.No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained when teasing, tormenting, abusing, or assaulting the dog. E.No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. 5.36.290 Vicious dog defined Definitions. A.“Potentially dangerous dog” means any of the following: 1. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. 2. Any dog which, when unprovoked, bites a person causing a less severe injury than that defined in subsection B of this section. 3. Any dog which, when unprovoked, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. B.“Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. C.“Vicious dog” means any of the following: 1. Any dog which, when unprovoked, inflicts severe injury on or kills a human being. 834 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 7 2. Any dog that has killed or caused the death of another domestic animal. 3. Any dog previously determined to be a potentially dangerous dog which, after its owner has been notified of this determination, continues to behave in the manner described in subsection A of this section. A.Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior is presumed vicious: 1. An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefully and lawfully; 2. An attack which results in property damage or in an injury to a person when such person is conducting himself or herself peacefully and lawfully; 3. An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog; 4. Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully. B. For the purposes of this section, a person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the dog when he or she is on such property in the performance of any duty imposed on such person by state or local law, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, either express or implied. 5.36.300 Investigation, Determination, and Notice—Certification of viciousness. A.Any dog quarantined pursuant to Section 5.36.230 of this chapter for biting a human being or animal and any incident reported to the Director City concerning a potentially dangerous or vicious dog may be investigated by the Director. If, based on the investigation, the Director concludes it is concluded there is probable cause to believe that the dog is potentially dangerous or vicious, the owner shall be notified he shall so certify in writing together with the reasons therefor within ten (10)business days following completion of the investigation to the person owning or controlling the dog. If, based on the investigation, it is concluded there is probable cause to believe that a dog has engaged in the first occasion of the potentially dangerous conduct described in 5.36.290 (A)(1), the City may issue a warning notice to the person owning or controlling the dog.A warning is not required in the determination as to whether a dog is potentially dangerous or vicious. B.Any dog determined to be potentially dangerous or vicious is hereby deemed a public nuisance and shall be abated by appropriate order which may include but not limited to, any of the following actions or a combination thereof: 1. Take no further action against the dog and its owner; 835 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 7 2. Require that the dog be permanently removed from the City; 3. Determine that the owner will lose all rights of ownership and control of the dog; 4. Restrict the owner’s future ownership of a dog; 5. Order that the dog be put on a leash not to exceed six feet long whenever accessible to public and/or be securely tied, fenced, confined, chained or muzzled; 6. Order the attendance and successful completion of behavior training classes; 7. Order the animal humanely euthanized; 8. Order any other appropriate action. C.Notice of the determination that an animal is a potentially dangerous or vicious animal shall include notice of the right of the owner to a hearing to appeal the determination and notice that the determination will be deemed final if a hearing is not requested within seven (7) business days of the date of the notice. Notice shall further specify whether the animal is determined to be a potentially dangerous animal or vicious animal and a public nuisance, and if so found, what measures are ordered to abate the public nuisance. Notice shall be given in writing by first class mail in substantially the following form: NOTICE REGARDING POTENTIALLY DANGEROUS OR VICIOUS DOG NOTICE IS HEREBY GIVEN that pursuant to the provisions of the City of Dublin Municipal Code, Chapter 5.36, Article IV, it has been determined that there is probable cause to believe that you have an interest in, or have control or custody or possession of, or are keeping that certain animal described below, and that said animal is a potentially dangerous or vicious dog. [Description of Animal; Facts Giving Rise to Notice; and Restrictions/Abatement Ordered] FURTHER NOTICE IS HEREBY GIVEN that you have the right, within seven (7) business days of the date of this notice, to request a hearing before a hearing officer as to whether the animal is a potentially dangerous or vicious dog and a public nuisance, and if found to be a potentially dangerous or vicious dog and a public nuisance, what measures are ordered to abate the public nuisance. The hearing officer will consider the written reports and other oral and documentary evidence in making a decision. You and other interested parties may present written and oral evidence at the hearing. If you do not request a hearing in writing, the determination that the dog is a potentially dangerous or vicious dog and therefore a public nuisance will stand, and the hearing officer may issue such orders as deemed necessary for abatement of the public nuisance. In the event your dog is found to be potentially dangerous or vicious it will be ordered to be abated as a public nuisance, subject to a fine, and any impoundment cost incurred shall be assessed against you. 836 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 7 Abatement may include, but not be limited to, confinement, fencing, muzzling, leashing, or humane euthanasia. Dated:__________ Director 5.36.310 Confinement of dog. If there is probable cause to believe that a dog is vicious poses an immediate threat to public safety, and the Director so certifies,the City such officer shall ensure order that the dog is be securely confined either on the premises of the owner or person controlling the dog, or, if considered necessary to protect the public health, safety and welfare, at an appropriate animal shelter. The confinement shall continue pending the City’s determination and the period for requesting a hearing, and if a hearing is requested, pending the decision of the hearing officer following the hearing as provided for in Section 5.36.30020. 5.36.320 Notice of hearing. A hearing date shall be set no later than ten fifteen (150) business days from the date of receipt of a written request for a hearing certification. The Director hearing officer shall promptly set a time and place for the hearing and notice of the hearing shall be mailed or otherwise delivered to the owner or person controlling the dog or other interested persons., at least five (5) days prior to the date set for hearing, a notice in substantially the following form: NOTICE OF HEARING REGARDING VICIOUS DOG NOTICE IS HEREBY GIVEN that pursuant to the provisions of Ordinance No. _______ of the City of Dublin, the Director has certified there is probable cause to believe your dog (description) ___________ is vicious. FURTHER NOTICE IS HEREBY GIVEN that on _____ the ____ day of _______, 20___, at the hour of ___ o’clock in __________ Alameda County, California, the report of the Director will be considered by the Director together with such other oral and documentary evidence bearing upon the question of whether your dog is vicious. You may appear and may present evidence at the hearing. In the event your dog is found to be vicious it will be ordered to be controlled, confined, destroyed, restricted or otherwise abated as a public nuisance and any impoundment cost incurred shall be assessed against you. Dated:__________ Director 5.36.330 Hearing. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is potentially dangerous or vicious. The hearing officer may uphold, modify or dismiss the City’s determination on the basis of evidence produced at the 837 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 6 of 7 hearing. Subsequently, the hearing officer shall give written notice of his or her decision within fifteen (15) business days of the hearing to the owner. This decision shall be final. 5.36.340 Findings—Deemed public nuisance. If, based upon the hearing, the Director finds that the dog is vicious he shall so specify in writing together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the Director, humanely destroyed or removed from the area, or the nuisance otherwise abated by appropriate order including, but not limited to, confinement, fencing, muzzling or leashing. The decision of the Director shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or otherwise delivered to the person owning or controlling the dog. (Ord. 27-87 § 33) 5.36.345 Appeal. Any person aggrieved by any decision or action resulting from the hearing may appeal such decision to the Alameda County Superior Court in the manner set forth in California Food and Agricultural Code Section 31622. The filing of an appeal shall stay the decision or action appealed from. 5.36.350 Cost of impoundment. If the Director finds the dog is potentially dangerous or vicious,the city-incurred costs of impoundment including any abatement shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said assessment is paid. If the order includes the release of a dog found to be potentially dangerous or vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within thirty (30) days after the date of mailing or delivery of the order, the Director may dispose of the dog in any manner provided by law. 5.36.360 Payment of assessment. The assessment shall be due and payable within twenty thirty (320) days after the date of mailings or delivery of the order. If the assessment is not paid on or before said date the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city, or an action may be brought in the name of the city to recover the assessment. 5.36.365 Fines. Any violation of this article involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this article involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000). Section 3.Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the 838 Attachment 1 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 7 of 7 remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 5.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) 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 839 Item 8.1: Introduction of an Ordinance Amending the DMC Regarding Potentially Dangerous and Vicious Dogs May 18, 2021 840 Background •Animal Control Field Services are provided by Alameda County Sheriff’s Office Animal Control. –Responsible for the investigation of complaints and dog bites. •City is responsible for the Vicious Dog Determination and Hearing Process: –Dogs found to be a nuisance may be abated following a hearing. 841 Current Process 1.Dog bite incident is reported to Animal Control. 2.Animal Control Officers investigate and provide an incident report to the City. 3.City reviews the report and decides whether to hold a hearing to declare a dog “vicious.” 4.City declares a dog "vicious" and imposes abatement measures. 842 Need to Update Regulations •Current regulations were adopted in 1987. •Following a judicial appeal of a Vicious Dog determination, Staff identified a need for updates to: –Add a designation lesser than “Vicious Dog” –Establish a clear appeals process –Update the regulations to improve program administration –Update terminology 843 Summary of Proposed Changes 844 Updated Designations Potentially Dangerous Dog Vicious Dog On two separate occasions within prior 36-month period engages in behavior that requires a defensive action by any person to prevent bodily injury when off the property of the owner or keeper of the dog. When unprovoked, inflicts severe injury on or kills a human being; Bites a person causing a less severe injury than what is defined in the ordinance Killed or caused the death of another domestic animal When unprovoked, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. Previously determined to be a potentially dangerous dog which, after its owner has been notified of this determination, continues to behave in the manner described in the “potentially dangerous dog” definition. 845 Determination and Notice Process •Incidents reported to the City may be investigated. –If there is probable cause to believe the dog is potentially dangerous or vicious, the City will notify the owner and other relevant parties of the determination as well as the abatement actions ordered. –The Owner will have the right to request a hearing to appeal the determination. If not requested within seven (7) days, the City determination will be final. 846 Addition of Appeals Process •Any person aggrieved by any decision or action resulting from the hearing may appeal such decision to the Alameda County Superior Court in the manner set forth in California Food and Agricultural Code Section 31622. The filing of an appeal shall stay the decision or action resulting from the hearing. 847 Other Administrative Changes •Time frame to schedule a hearing expanded from 10 to 15 business days. •Replace the term “Destroy” with “Humane Euthanasia” •Introduces Fines: –Violations of the ordinance shall be punished by a fine: •Potentially Dangerous Dogs: Not to exceed $500 •Vicious Dogs: Not to exceed $1,000 –Violations include failure of the owner of a potentially dangerous or vicious dog to comply with and provide evidence of the appropriate controls and enforcement actions ordered by the City. 848 Next Steps •The proposed Ordinance will become effective 30 days following adoption. •Once effective, Staff will administer the program in accordance with the updated procedures. 849 Staff Recommendation Waive the reading and INTRODUCE the Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Regarding Potentially Dangerous and Vicious Dogs. 850 Questions? John Stefanski Assistant to the City Manager 851