CITY OF OAKDALE
JOINT CITY COUNCIL AND SUCCESSOR AGENCY
FOR THE FORMER
OAKDALE COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
(The City Council also serves as the Successor Agency to the Dissolved Redevelopment Agency)
City Council Chambers
277 North Second Avenue, Oakdale, CA 95361
“Cowboy Capital of the World”
Monday, December 19, 2022 7:00 PM City Council Chambers NOTICE
This meeting will be open to the public. If you would like to provide public comment on an agenda item at the regular meeting, you may fill out a Speaker’s Card and submit it to the Deputy City Clerk at least five (5) minutes before the meeting is to begin. If commenting on a specific agenda item, please include the agenda item number in the subject line (example: Agenda Item 11.1). You will be notified when it is your time to speak. The meeting will be televised on Comcast Channel 7 and available for public viewing on Livestream at https://livestream.com/cityofoakdale.
Welcome to your City of Oakdale Joint City Council and Successor Agency for the Former Oakdale Community Redevelopment Agency Regular meeting.
Your City Council are:
Mayor Cherilyn Bairos
Mayor Pro Tem Christopher Smith
Council Member Fred Smith
Council Member Bob Amaral
Council Member Kayleigh Gilbert
Note: California law prohibits the City Council from taking action on any matter that is not on the posted agenda unless it is determined to be an emergency by the Council. All items will be referred to staff for follow-up and placed on a future agenda.
1. Call to Order – 7:00 p.m.
2. City Council Members Present/Absent
3. Pledge of Allegiance
4. Invocation Provided by Pastor Steve Neubaum, LifePoint Church
5. Presentations/Acknowledgements
5.1 Recognizing Dalin Wilkerson for his selfless act of heroism.
5.2 Recognizing Pamela Kelly for her selfless service to Oakdale and as the founder of the Oakdale Rescue Mission.
6. Additions/Deletions
7. Public Comments
Pursuant to Government Code section 54954.3, the City Council may adopt reasonable regulations to ensure that the business on the agenda can be conducted, therefore all members of the public will be given 3 minutes for their public comments. Individuals may not defer their time to another person. A Amendment # 1
CITY OF OAKDALE
JOINT CITY COUNCIL AND SUCCESSOR AGENCY FOR THE
FORMER OAKDALE COMMUNITY REDEVELOPEMENT AGENCY
REGULAR MEETING AGENDA
Monday, December 19, 2022
Next City Council Resolution: 2022-133
Next Successor Agency Resolution 2022-001 Next Ordinance: 1284 maximum of 30 minutes will be allotted for general public comment. For agenda items, a maximum of 30 minutes will be allotted for public comment on each specific agenda item. California law prohibits the City Council from taking action on any item not appearing on the posted agenda except that Council may refer the matter to staff for follow-up or request it be placed on a future agenda.
8. Appointment to Boards, Commissions, Committees
8.1 Consider Appointing by Minute Order Justin Bochmann as the City of Oakdale Representative to the Measure L Oversight Subcommittee.
9. City Council Consent Agenda
The consent agenda is comprised of Items 9.1 through 9.5. Unless there is discussion by a member of the audience/Council they may be approved in one motion.
9.1 Approve the Regular City Council Meeting Minutes of December 5, 2022.
9.2 Receive and file the Warrant List for the period November 29, 2022 through December 9, 2022.
9.3 Waive all readings of Ordinances and Resolutions, except by Title.
9.4 Accept by Minute Order, List of City Commissions/Boards/Committees for 2023 as required by the Maddy Act (Government Code §54972).
9.5 Approve by Minute Order, Acknowledging the Moore Biological Consultants Report and the Mitigation Measure Associated with the Swainsons’ Hawk Foraging Habitat is complete and update the East F Street Specific Plan EIR’s MMRP.
10. Public Hearings
10.1 Consider a Resolution for the Annexation of Territory to City of Oakdale Community Facilities District No. 2007-1 (Annexation No. 18) for the Whispering Oaks Subdivision.
Recommended Action: Adopt a Resolution of the City Council of the City of Oakdale Approving the Annexation of Additional Territory to the City of Oakdale Community Facilities District No. 2007-1 (Annexation No. 18) for the Whispering Oaks Subdivision.
10.2 Consider a Resolution for the Modification of City of Oakdale Community Facilities District No. 2015-1 (Annexation No. 6) for the Estates at Tesoro 2 Subdivision.
Recommended Action: Adopt a Resolution of the City Council of the City of Oakdale Approving the Modification of City of Oakdale Community Facilities District No. 2015-1 (Annexation No. 6) for the Estates at Tesoro 2 Subdivision.
10.3 Consider a Resolution for the Modification of City of Oakdale Community Facilities District No. 2015-1 (Annexation No. 7) for the Carmel Ranch Subdivision.
CITY OF OAKDALE
JOINT CITY COUNCIL AND SUCCESSOR AGENCY FOR THE
FORMER OAKDALE COMMUNITY REDEVELOPEMENT AGENCY
REGULAR MEETING AGENDA
Monday, December 19, 2022
Next City Council Resolution: 2022-133
Next Successor Agency Resolution 2022-001 Next Ordinance: 1284 Recommended Action: Adopt a Resolution of the City Council of the City of Oakdale Approving the Modification of City of Oakdale Community Facilities District No. 2015-1 (Annexation No. 7) for the Carmel Ranch Subdivision.
11. Staff Reports of the City Council
11.1 Consider a Resolution Authorizing the City Manager to Execute a Subdivision Improvement Agreement (SIA) for the Whispering Oaks Subdivision and Authorizing the City Clerk to File the SIA and Final Subdivision Map with the County Clerk Recorder’s Office.
Recommended Action: Adopt City of Oakdale City Council Resolution Authorizing the City Manager to execute a Subdivision Improvement Agreement (SIA) for the Whispering Oaks Subdivision and Authorizing the City Clerk to file the SIA and Final Subdivision Map with the County Clerk Recorder’s Office.
11.2 Consider a Resolution of Intention to Annex Additional Territory to City of Oakdale Community Facilities District No. 2015-1 (Annexation No. 8) for the Whispering Oaks Subdivision.
Recommended Action: Adopt City of Oakdale City Council Resolution Approving Intention to Annex Additional Territory to City of Oakdale Community Facilities District No. 2015-01 (Annexation No.8) for the Whispering Oaks Subdivision.
11.3 Consider a Resolution Approving the Addition of One New Full-Time, Non-LLMD Parks Maintenance Worker I Position in the Parks Maintenance Division.
Recommended Action: Adopt City of Oakdale City Council Resolution Approve and Authorize the hiring of an additional full-time, Non-LLMD Parks Maintenance Worker I Employee to be funded from Fund 110 General Fund – Park Maintenance.
11.4 Consider a Resolution Authorizing the City Manager to Execute an Agreement with Park Planet for the Cottles Wood Park Playground Replacement and William A. Fish Veterans Park Playground Replacement in the Amount of $564,931.00 to be Funded by Parks Replacement Fund 549.
Recommended Action: Adopt City of Oakdale City Council Resolution Authorizing the City Manager to execute an Agreement with Park Planet for the Cottles Wood Park Playground Replacement and William A. Fish Veterans Park Playground Replacement in the amount of $564,931.00 to be funded by Parks Replacement Fund 549.
11.5 Consider a Resolution Authorizing Staff to Accept Thirty (30) Axon Body-Worn Cameras, Hardware, Warranty, and Thirty-Three (33) Licenses to Evidence.com for Digital Storage, and enter into a new Five-Year Contract with Axon Enterprise, Inc., in the Amount of $147,908.92 with divided Annual Payments of $29,581.80 the first year and $29,581.78 each additional year to be paid with Funds from the Police Department Contract Services Account 110-2110-425003.
CITY OF OAKDALE
JOINT CITY COUNCIL AND SUCCESSOR AGENCY FOR THE
FORMER OAKDALE COMMUNITY REDEVELOPEMENT AGENCY
REGULAR MEETING AGENDA
Monday, December 19, 2022
Next City Council Resolution: 2022-133
Next Successor Agency Resolution 2022-001 Next Ordinance: 1284 Recommended Action: Adopt City of Oakdale City Council Resolution Authorizing Staff to accept Thirty (30) Axon Body-Worn Cameras, necessary hardware, warranty, and Thirty-Three (33) Licenses to Evidence.com for digital storage, and enter into a new five-year Contract with Axon Enterprise, Inc., in the amount of $147,908.92 with divided annual payments to be paid with funds from the Police Department Contract Services Account 110-2110-425003.
11.6 Consider a Resolution Authorizing Staff to Purchase a 2023 Chevrolet Malibu from Steves Chevrolet, a Local Chevrolet Dealer for $29,002.97 and Outfit the Vehicle with Necessary Equipment Installed by Jay’s Tires for $4,607.75 in the Total Amount of $33,610.72 Funded by Supplemental Law Enforcement Fund 203.
Recommended Action: Adopt City of Oakdale City Council Resolution Authorizing Staff to purchase a 2023 Chevrolet Malibu from Steves Chevrolet, a local Chevrolet dealer for $29,002.97 and outfit the vehicle with necessary equipment installed by Jay’s Tires for $4,607.75 in the total amount of $33,610.72 funded by Supplemental Law Enforcement Fund 203.
12. Staff Reports of the Successor Agency for the Former Oakdale Community Redevelopment Agency
12.1 Consider a Resolution of the City of Oakdale Successor Agency for the Former Oakdale Community Redevelopment Agency Approving the Recognized Obligations Payment Schedule (ROPS) for July 1, 2023 – June 30, 2024.
Recommended Action: Adopt City of Oakdale Successor Agency for the Former Oakdale Community Redevelopment Agency Approving the Recognized Obligations Payments Schedule (ROPS) for July 1, 2023 – June 30, 2024.
13. City Manager’s Report
13.1 December Department Reports
14. City Council Items
14.1: Mayor’s Nomination and Appointment of Mayor Pro Tem.
Recommended Action: By Motion, Mayor nominates a Council Member to serve as Mayor Pro Tem for a One-Year Term.
14.2: City Council Member Appointments to City Boards, Commissions, Committees and Regional Boards for the Year 2023.
Recommended Action: By Motion, Approve the Appointments City Council Member Appointments to City Boards, Commissions, Committees and Regional Boards for the Year 2023.
CITY OF OAKDALE
JOINT CITY COUNCIL AND SUCCESSOR AGENCY FOR THE
FORMER OAKDALE COMMUNITY REDEVELOPEMENT AGENCY
REGULAR MEETING AGENDA
Monday, December 19, 2022
Next City Council Resolution: 2022-133
Next Successor Agency Resolution 2022-001 Next Ordinance: 1284
15. Adjournment
The next Regular meeting of the Oakdale City Council will be held on Tuesday, January 17, 2023 at 7:00 p.m. in the City Council Chambers.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Hall, 209-845-3571. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II).
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s office at City Hall located at 280 North Third Avenue, Oakdale, California.
DECLARATION OF POSTING
I, Colleen Andersen, Council Services and Legislative Records Manager/Deputy City Clerk for the City of Oakdale, certify that I caused to be posted a copy of the City of Oakdale City Council Agenda for the Regular Meeting of Monday, December 19, 2022 at the City Council Chambers, 277 North Second Avenue, Oakdale, CA, 95361 on Thursday, December 15, 2022.
Dated: December 15, 2022 /s/ Colleen Andersen
Colleen Andersen
Council Services and Legislative Records Manager
Deputy City Clerk
AGENDA ITEM 5.1
Recognizing Dalin Wilkerson
for his selfless act of heroism.
AGENDA ITEM 5.2
Recognizing Pamela Kelly for her selfless
service to Oakdale and as the founder of the
Oakdale Rescue Mission.
CITY OF OAKDALECITY COUNCIL
REGULAR MEETING MINUTES
City Council Chambers
277 North Second Avenue
Oakdale, CA 95361
“Cowboy Capital of the World”
Monday, December 5, 2022 7:00 PM City Council Chambers
1. CALL TO ORDER:
Mayor Bairos called the meeting to order at 7:00 p.m.
2. COUNCIL MEMBERS PRESENT/ABSENT:
Present: Mayor Cherilyn Bairos
Mayor Pro Tem Christopher Smith
Council Member Fred Smith
Council Member Haney
Council Member Amaral
Staff Present: City Manager Bryan Whitemyer
` City Attorney Tom Hallinan
Finance Director Albert Avila
Public Services Director Jeff Gravel
Lieutenant Andrew Stever
Fire Deputy Chief Tim Tietjen
Council Services Manager/Deputy City Clerk Colleen Andersen
3. Pledge of Allegiance
Mayor Bairos led the pledge of allegiance.
4. Invocation
Pastor Harlan Champoux of LifePoint Church offered the invocation.
5. Presentations/Acknowledgements
5.1 Oakdale Tourism and Visitors Board Annual Presentation.
Austin Romito, President & CEO provided a PowerPoint Presentation on the Oakdale Tourism and Visitors Board highlighting the OTVB current and proposed budget.
5.2 California Department of Insurance State Sponsored Programs Presentation.
Richie Sayavong, Associate Governmental Program Analyst provided a PowerPoint Presentation on the Department of Insurance State Sponsored Programs.
6. Additions/Deletions
Mayor Bairos asked if there were any changes to the agenda. There were none.
7. Public Comments
Mayor Bairos opened Public Comment.
Paul Fisher addressed the City Council regarding the noise complaints from the Oakdale Event Center next to Gilbert Park.
There being no further public comment, Mayor Bairos closed the Public Comment period.
AGENDA ITEM 9.1
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, December 5, 2022
Next City Council Resolution: 2022-123 Next Ordinance: 1284
8. Appointment to Boards, Commissions, Committees
9. City Council Consent Agenda
The consent agenda is comprised of Items 9.1 through 9.5. Unless there is discussion by a member of the audience/Council they may be approved in one motion.
9.1 Approve the Regular City Council Meeting Minutes of November 21, 2022.
9.2 Receive and file the Warrant List for the period November 17, 2022 through November 29, 2022.
9.3 Waive all readings of Ordinances and Resolutions, except by Title.
9.4 Accept by Minute Order, October Treasurer’s Report.
9.5 Approve by Minute Order, City Co-Sponsored Special Event Application from the Oakdale Lions Club for the Annual Don Osborne Memorial Run Scheduled for Saturday, February 4, 2023.
MOTION
To approve the City of Oakdale City Council December 5, 2022, Consent Agenda.
Moved by Council Member Haney, and seconded by Mayor Pro Tem Smith and PASSED AND ADOPTED this 5th day of December 2022, by the following vote:
AYES: COUNCIL MEMBERS: Haney, C. Smith, F. Smith, Amaral, Bairos (5) NOES: COUNCIL MEMBERS: None (0)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAINED: COUNCIL MEMBERS:None (0)
Motion carried 5/0 by City Council roll call vote.
10. Public Hearings
11. Staff Reports
12. City Manager’s Report
City Manager Whitemyer thanked the Public Works crews who provided their support during the recent rain event and also thanks the Oakdale Enrichment Society for putting on the Christmas Parade and the businesses that put on the Downtown Christmas.
13. City Council Items
13.1: Consider a Resolution of the City of Oakdale City Council Declaring the Official Canvassed Results of the November 8, 2022 Gubernatorial Stanislaus County Consolidated General Election/Oakdale Municipal Election.
Deputy City Clerk Andersen read aloud the results of the November 8, 2022 General Municipal Election stating the City Council of the City of Oakdale does declare and determine that:
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, December 5, 2022
Next City Council Resolution: 2022-123 Next Ordinance: 1284
1. Cherilyn Bairos was elected as Mayor to serve a term ending December 2026.
2. Christopher Smith was elected as City Council Member to serve a term ending December 2026.
3. Kayleigh Gilbert was elected as City Council Member to serve a term ending in December 2026.
Mayor Bairos opened the item for public comment. With no public comment, Mayor Bairos asked for a motion to be made for this item.
MOTION
Adopt City of Oakdale City Council Resolution 2022-132, accepting the official canvassed results of the November 8, 2022 General Municipal Election and declaring the results of the Oakdale Municipal Election held on November 8, 2022 for the office of Council Member Bob Amaral to serve a term that expires on December 2024.
Moved by Mayor Pro Tem Smith, and seconded by Council Member Smith and PASSED AND ADOPTED this 5th day of December, by the following vote:
AYES: COUNCIL MEMBERS: C. Smith, F. Smith, Haney, Amaral, Bairos (5) NOES: COUNCIL MEMBERS: None (0)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAINED: COUNCIL MEMBERS:None (0)
Motion carried 5/0 by City Council roll call vote.
Mayor Pro Tem Smith thanked the Oakdale Enrichment Society for putting on a great parade.
Council Member Haney provided an update some of his concerns regarding RAD card and recent issues.
Mayor Bairos provided the following announcements:
• Shop in Oakdale Event Oakdale Chamber Event.
• Haven Esthetics Ribbon Cutting on December 16th at 10am • Thanked everyone that supported the Christmas Parade and the Downtown Christmas Events.
14. Adjournment
The next Regular meeting of the Oakdale City Council will be held December 19, 2022 at 7:00 p.m. in the Council Chambers. There being no further business, Mayor Bairos adjourned the meeting at 7:37 p.m.
ATTEST: APPROVED:
Colleen Andersen, Deputy City Clerk Cherilyn Bairos, Mayor Amount
11/18/2022 5700527320 AUTOZONE 151794 565‐7215‐424003 VEHICLE SERVICE PARTS 11/18/2022 86.69 Vendor 01384 ‐ AUTOZONE Total: 404.35
Vendor: 1544 ‐ BEAR ELECTRICAL SOLUTIONS10/28/2022 17137 BEAR ELECTRICAL SOLUTIONS 151795 110‐4142‐425003 OCTOBER ROUTINE AND RESP10/28/2022 680 11/16/2022 5700526199 AUTOZONE 151794 565‐7215‐424003 VEHICLE SERVICE PARTS 11/16/2022 21.12 Vendor: 01384 ‐ AUTOZONE11/15/2022 5700525619 AUTOZONE 151794 565‐7215‐424003 VEHICLE SERVICE PARTS 11/15/2022 243.5111/16/2022 5700526153 AUTOZONE 151794 565‐7215‐424003 VEHICLE SERVICE PARTS 11/16/2022 53.0311/20/2022 NOV 2022 2 AT&T 151793 110‐2110‐420003 9391053225 11/20/2022 256.55 11/20/2022 NOV 2022 2 AT&T 151793 110‐2110‐420003 9391053231 11/20/2022 89.55 Vendor 942 ‐ AT&T Total: 435.65
Vendor 280 ‐ ARC DOCUMENT SOLUTIONS LLC Total: 340.8
Vendor: 350 ‐ AT&T11/11/2022 NOV 2022 AT&T 151792 110‐2110‐420003 831‐000‐9659 421 11/11/2022 448.36 Vendor 350 ‐ AT&T Total: 448.36
Vendor: 942 ‐ AT&T11/20/2022 NOV 2022 2 AT&T 151793 110‐2110‐420003 9391053230 11/20/2022 89.55 Vendor 1469 ‐ ALPHA ANALYTICAL LABORATORIES INC. Total: 596 Vendor: 01143 ‐ AMERICAN PAVEMENT SYSTEMS, INC.10/31/2022 3299 AMERICAN PAVEMENT SYSTE M151790 216‐4149‐442001 2022 Area 4 Slurry Seal Projec 10/31/2022 394794.82 Vendor 01143 ‐ AMERICAN PAVEMENT SYSTEMS, INC. Total: 394794.82 Vendor: 280 ‐ ARC DOCUMENT SOLUTIONS LLC10/14/2022 2632770 ARC DOCUMENT SOLUTIONS L151791 119‐4110‐425003 ARC DOCUMENT SOLUTIONS ‐10/14/2022 340.8 11/28/2022 2114966‐SFL ALPHA ANALYTICAL LABORAT
O151789 622‐4151‐425003 SAMPLE TESTING 11/28/2022 41
11/30/2022 2115225‐SFL ALPHA ANALYTICAL LABORAT
O151789 622‐4151‐425003 SAMPLE TESTING 11/30/2022 41
12/01/2022 2122063‐SFL ALPHA ANALYTICAL LABORAT
O151789 622‐4151‐425003 SAMPLE TESTING 12/01/2022 223
12/01/2022 01679 A SIMPLE SOLUTION 151788 645‐4160‐425003 A SIMPLE SOLUTION ANSWER 12/01/2022 71.93 Vendor 727 ‐ A SIMPLE SOLUTION Total: 143.87
Vendor: 1469 ‐ ALPHA ANALYTICAL LABORATORIES INC.11/17/2022 2113991‐SFL ALPHA ANALYTICAL LABORAT O151789 622‐4151‐425003 SAMPLE TESTING 11/17/2022 291
11/16/2022 CINDY'S RESTAURANT * 151784 744‐7340‐427004 CATERING 11/16/2022 549.5 Vendor 9999999 ‐ * Total: 749.5
Vendor: 727 ‐ A SIMPLE SOLUTION12/01/2022 01679 A SIMPLE SOLUTION 151788 622‐4152‐425003 A SIMPLE SOLUTION ANSWER 12/01/2022 71.94 11/28/2022 SANCHEZ, CECELIA DEC 5‐9 * 151785 110‐2110‐416003 TRAINING ‐ PER DIEM 11/28/2022 250 Vendor 5555555 ‐ * Total: 500
Vendor: 9999999 ‐ *10/17/2022 HOLIDAY PARTY * 151786 110‐1120‐425003 EMPLOYEE RECOGNITION EVE10/17/2022 200 WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post DateVendor: 5555555 ‐ *11/28/2022 GROSSI, NINA DEC 5‐9 * 151787 110‐2110‐416003 TRAINING ‐ PER DIEM 11/28/2022 250 AGENDA ITEM 9.2
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date 11/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 3.7311/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 9.7811/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 12.2511/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 2.3511/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 13.5611/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 22.3611/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 4.9111/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 4.8611/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 41.4811/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 47.9111/14/2022 4137348792 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/14/2022 4.5911/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 4.5911/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 66.4511/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 4.9111/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 4.8611/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 4.9511/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 22.3611/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 3.7211/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 12.2511/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 10.711/14/2022 4137348792 CINTAS CORPORATION 151798 110‐7210‐425016 UNIFORM SERVICES 11/14/2022 3.511/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 41.6611/14/2022 4137348792 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/14/2022 23.3711/14/2022 4137348792 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/14/2022 4.911/14/2022 4137348792 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/14/2022 4.9411/14/2022 4137348792 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/14/2022 22.3611/14/2022 4137348758 CINTAS CORPORATION 151798 565‐7215‐425016 UNIFORM SERVICES 11/14/2022 116.6611/14/2022 4137348792 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/14/2022 3.7211/14/2022 4137348792 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/14/2022 4.59 Vendor 01484 ‐ CENTRAL SWEEPING CO Total: 1020
Vendor: 1577 ‐ CINTAS CORPORATION11/14/2022 4137348733 CINTAS CORPORATION 151798 622‐4151‐425016 UNIFORM SERVICES 11/14/2022 111.7811/14/2022 4137348758 CINTAS CORPORATION 151798 110‐7210‐425016 UNIFORM SERVICES 11/14/2022 29.1211/09/2022 5595 BLACKWATER CONSULTING EN151796 621‐4159‐442001 WWTP SEWER RIVER CROSSIN11/09/2022 24483.3 Vendor 1537 ‐ BLACKWATER CONSULTING ENGINEERS INC Total: 24835.8 Vendor: 01484 ‐ CENTRAL SWEEPING CO11/18/2022 0128 CENTRAL SWEEPING CO 151797 110‐4140‐427006 EMERGENCY SWEEP 11/18/2022 102011/08/2022 17088 BEAR ELECTRICAL SOLUTIONS 151795 110‐4142‐425003 OCTOBER ROUTINE & RESPON11/08/2022 13364.98 Vendor 1544 ‐ BEAR ELECTRICAL SOLUTIONS Total: 14044.98 Vendor: 1537 ‐ BLACKWATER CONSULTING ENGINEERS INC11/09/2022 5579 BLACKWATER CONSULTING EN151796 622‐4151‐425003 WATER RECYCLING FUNDING 11/09/2022 352.5 Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date 11/21/2022 32013650 CLARK PEST CONTROL 151801 284‐6210‐425003 CLARK PEST CONTROL ‐ BRIDL 11/21/2022 13011/23/2022 32013644 CLARK PEST CONTROL 151801 622‐4150‐427006 ACCT CORRECTION 11/23/2022 29411/23/2022 32017345 CLARK PEST CONTROL 151801 110‐2160‐425003 ANIMAL SERVICES 11/23/2022 4111/21/2022 32013639 CLARK PEST CONTROL 151801 286‐6230‐425003 CLARK PEST CONTROL ‐ VINEY11/21/2022 65 10/18/2022 31825634 CLARK PEST CONTROL 151801 657‐4170‐427009 CLARK PEST CONTROL ‐ OAKD 10/18/2022 18011/02/2022 32015346 CLARK PEST CONTROL 151801 657‐4170‐427009 CLARK PEST CONTROL ‐ OAKD 11/02/2022 18011/07/2022 32137778 CLARK PEST CONTROL 151801 286‐6230‐425003 WEED ABATEMENT 11/07/2022 280Vendor: 50 ‐ CLARK PEST CONTROL09/09/2022 31220290 CLARK PEST CONTROL 151801 657‐4170‐427009 CLARK PEST CONTROL ‐ OAKD 09/09/2022 18009/27/2022 31619864 CLARK PEST CONTROL 151801 657‐4170‐427009 CLARK PEST CONTROL ‐ OAKD 09/27/2022 18011/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 2.3511/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 40.98 Vendor 1577 ‐ CINTAS CORPORATION Total: 1270.05
11/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 4.9111/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 4.5911/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 3.7311/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 13.5611/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 9.7811/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 4.8611/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 47.9111/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 22.3611/21/2022 4138166711 CINTAS CORPORATION 151798 645‐4160‐425016 UNIFORM SERVICES 11/21/2022 12.2511/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 10.711/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 40.9811/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 23.3711/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 4.5911/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 22.3611/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 4.8611/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 4.9511/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 12.2511/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 4.9111/21/2022 4138166711 CINTAS CORPORATION 151798 110‐7210‐425016 UNIFORM SERVICES 11/21/2022 3.511/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 3.7211/21/2022 4138166711 CINTAS CORPORATION 151798 622‐4152‐425016 UNIFORM SERVICES 11/21/2022 10.1311/21/2022 4138166711 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/21/2022 22.3611/21/2022 4138166711 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/21/2022 4.5911/21/2022 4138166711 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/21/2022 3.7211/21/2022 4138166703 CINTAS CORPORATION 151798 565‐7215‐425016 UNIFORM SERVICES 11/21/2022 106.6611/21/2022 4138166711 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/21/2022 4.911/21/2022 4138166711 CINTAS CORPORATION 151798 110‐4140‐425016 UNIFORM SERVICES 11/21/2022 4.9411/21/2022 4138166340 CINTAS CORPORATION 151798 622‐4151‐425016 UNIFORM SERVICES 11/21/2022 110.9911/21/2022 4138166703 CINTAS CORPORATION 151798 110‐7210‐425016 UNIFORM SERVICES 11/21/2022 29.12 Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date Vendor 01404 ‐ KASSAHN.LAURA Total: 350
Vendor: 01236 ‐ KOEFRAN
Vendor 964 ‐ ITRON INC. Total: 2143.59
Vendor: 01404 ‐ KASSAHN.LAURA11/28/2022 NOVEMBER 2022 YOGA KASSAHN.LAURA 151812 118‐7340‐425003 INSTRUCTOR PAYMENT 11/28/2022 350Vendor: 111 ‐ HAIDLEN FORD‐MERCURY11/15/2022 5059799 1 G HAIDLEN FORD‐MERCURY 151810 645‐4160‐424003 VEHICLE SERVICE PARTS 11/15/2022 119.62 Vendor 111 ‐ HAIDLEN FORD‐MERCURY Total: 119.62
Vendor: 964 ‐ ITRON INC.11/11/2022 634053 ITRON INC. 151811 645‐4160‐425003 HANDHELD CONTRACT 11/11/2022 2143.5911/16/2022 089673 FIRST CHOICE INDUSTRIAL SU 151809 622‐4152‐427006 SAFETY MATERIALS 11/16/2022 24.5711/16/2022 089673 FIRST CHOICE INDUSTRIAL SU 151809 645‐4160‐427006 SAFETY MATERIALS 11/16/2022 24.57 Vendor 1428 ‐ FIRST CHOICE INDUSTRIAL SUPPLY INC. Total: 73.7 Vendor 1235 ‐ EXPRESS SERVICES INC. Total: 2080.8
Vendor: 85 ‐ FAR WEST LABORATORIES11/25/2022 104586 FAR WEST LABORATORIES 151808 622‐4151‐425003 SAMPLE TEST 11/25/2022 224 Vendor 85 ‐ FAR WEST LABORATORIES Total: 224
Vendor: 1428 ‐ FIRST CHOICE INDUSTRIAL SUPPLY INC.11/16/2022 089673 FIRST CHOICE INDUSTRIAL SU 151809 110‐7210‐427006 SAFETY MATERIALS 11/16/2022 24.56 Vendor 1456 ‐ ENGINEERED FIRE SYSTEMS INC. Total: 750
Vendor: 1235 ‐ EXPRESS SERVICES INC.11/21/2022 28240434 EXPRESS SERVICES INC. 151807 110‐4140‐410013 EXPRESS EMPLOYMENT ‐ STRE11/21/2022 1040.4 11/30/2022 28292021 EXPRESS SERVICES INC. 151807 110‐4140‐410013 EXPRESS EMPLOYMENT ‐ STRE11/30/2022 1040.4 Vendor 1193 ‐ CSG CONSULTANTS Total: 326.35
Vendor: 1137 ‐ DENAIR LUMBER CO.11/03/2022 4038272 DENAIR LUMBER CO. 151805 644‐4169‐442001 FILTER PROJECT 11/03/2022 305.1 Vendor 1137 ‐ DENAIR LUMBER CO. Total: 305.1
Vendor: 1456 ‐ ENGINEERED FIRE SYSTEMS INC.11/01/2022 19071 ENGINEERED FIRE SYSTEMS IN151806 120‐3130‐425003 PLAN REVIEW OCTOBER 2022 11/01/2022 750 Vendor 01240 ‐ COLE PRO MEDIA LLC Total: 2000
Vendor: 01207 ‐ CRAMER FISH SCIENCES11/10/2022 SIN007024 CRAMER FISH SCIENCES 151803 234‐1910‐425003 KERR PARK 11/10/2022 18313.72 Vendor 01207 ‐ CRAMER FISH SCIENCES Total: 18313.72
Vendor: 1193 ‐ CSG CONSULTANTS10/03/2022 B221780 CSG CONSULTANTS 151804 120‐3130‐425003 BUILDING PLAN REVIEW 10/03/2022 326.3511/23/2022 32017345 CLARK PEST CONTROL 151801 110‐2161‐425003 ANIMAL SERVICES 11/23/2022 41 Vendor 50 ‐ CLARK PEST CONTROL Total: 1571
Vendor: 01240 ‐ COLE PRO MEDIA LLC11/08/2022 3242 COLE PRO MEDIA LLC 151802 110‐2110‐425003 Transparency Engagement Ad 11/08/2022 2000 Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date 11/17/2022 2721‐383987 O'REILLY AUTOMOTIVE STORE151824 645‐4160‐424003 VEHICLE SERVICE PARTS 11/17/2022 66.47 11/22/2022 2721‐385195 O'REILLY AUTOMOTIVE STORE151824 565‐7215‐424003 VEHICLE SERVICE PARTS 11/22/2022 19.5511/28/2022 2721‐386503 O'REILLY AUTOMOTIVE STORE151824 110‐4140‐424003 VEHICLE SERVICE PARTS 11/28/2022 86.6911/16/2022 2721‐383742 O'REILLY AUTOMOTIVE STORE151824 565‐7215‐424003 VEHICLE SERVICE PARTS 11/16/2022 46.811/15/2022 2721‐383458 O'REILLY AUTOMOTIVE STORE151824 565‐7215‐424003 VEHICLE SERVICE PARTS 11/15/2022 61.2611/15/2022 2721‐383580 O'REILLY AUTOMOTIVE STORE151824 565‐7215‐424003 VEHICLE SERVICE PARTS 11/15/2022 57.7911/15/2022 36425 ONTEL SECURITY SERVICES IN151823 117‐7460‐350305 SECURITY ‐ COMMUNITY CENT11/15/2022 ‐6.24 Vendor 1563 ‐ ONTEL SECURITY SERVICES INC. Total: 1433.76 Vendor: 62 ‐ O'REILLY AUTOMOTIVE STORES INC.11/10/2022 2721‐382247 O'REILLY AUTOMOTIVE STORE151824 110‐2110‐424003 VEHICLE SERVICE PARTS 11/10/2022 35.92 Vendor: 1563 ‐ ONTEL SECURITY SERVICES INC.10/31/2022 36385 ONTEL SECURITY SERVICES IN151823 110‐7210‐425003 ONTEL SECURITY SERVICE ‐ CO10/31/2022 528 11/15/2022 36425 ONTEL SECURITY SERVICES IN151823 117‐222‐0700 SECURITY ‐ COMMUNITY CENT11/15/2022 91211/16/2022 325855 OAKDALE LEADER 151821 294‐4149‐442001 RETAIL DISPLAY 11/16/2022 225 11/23/2022 326366 OAKDALE LEADER 151820 294‐4149‐442001 RETAIL DISPLAY 11/23/2022 225 Vendor 206 ‐ OAKDALE LEADER Total: 675
Vendor 161 ‐ MID Total: 1704.11
Vendor: 01444 ‐ NLPI CARQUEST OAKDALE11/07/2022 15890‐4926 NLPI CARQUEST OAKDALE 151819 110‐2110‐424003 VEHICLE SERVICE PARTS 11/07/2022 410.03 Vendor 01444 ‐ NLPI CARQUEST OAKDALE Total: 410.03
Vendor: 206 ‐ OAKDALE LEADER11/09/2022 325478 OAKDALE LEADER 151822 294‐4149‐442001 RETAIL DISPLAY 11/09/2022 225 Vendor 1365 ‐ MCCOY TRUCK TIRE SERVICE CENTER INC Total: 322.16 Vendor: 1504 ‐ METLIFE ‐ GROUP BENEFITS11/14/2022 KM05931316 11/14/22 METLIFE ‐ GROUP BENEFITS 151817 110‐219‐1104 VISION INSURANCE BENEFITS 11/14/2022 857.47 Vendor 1504 ‐ METLIFE ‐ GROUP BENEFITS Total: 857.47
Vendor: 161 ‐ MID11/21/2022 NOV 2022 2 MID 151818 284‐6210‐420001 3151817535 11/21/2022 1704.1110/31/2022 228462 LIEBERT CASSIDY WHITMORE 151815 515‐1910‐425003 LEGAL CONSULTATION 10/31/2022 1462.5 Vendor 1317 ‐ LIEBERT CASSIDY WHITMORE Total: 2695
Vendor: 1365 ‐ MCCOY TRUCK TIRE SERVICE CENTER INC11/17/2022 10132119 MCCOY TRUCK TIRE SERVICE C151816 645‐4160‐424003 VEHICLE SERVICE PARTS 11/17/2022 322.16 Vendor 01236 ‐ KOEFRAN Total: 439
Vendor: 1230 ‐ KUBWATER RESOURCES INC.11/21/2022 11429 KUBWATER RESOURCES INC. 151814 622‐4151‐427006 Polymer chemical 11/21/2022 6411.4 Vendor 1230 ‐ KUBWATER RESOURCES INC. Total: 6411.4
Vendor: 1317 ‐ LIEBERT CASSIDY WHITMORE10/31/2022 228158 LIEBERT CASSIDY WHITMORE 151815 515‐1910‐425003 LEGAL CONSULTATION 10/31/2022 1232.510/31/2022 0000522058 KOEFRAN 151813 110‐2160‐425003 Animal Disposal Services FY22 10/31/2022 219.510/31/2022 0000522058 KOEFRAN 151813 110‐2161‐425003 Animal Disposal Services FY22 10/31/2022 219.5 Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date 10/26/2022 207104 RANDIK PAPER CO 151828 117‐7460‐427002 CITY BUILDING SUPPLIES 10/26/2022 718.64 Vendor 242 ‐ RANDIK PAPER CO Total: 1685.97
Vendor: 01087 ‐ RIVER OAK VETERINARY HOSPITAL INC.11/17/2022 512122 RIVER OAK VETERINARY HOSP151829 110‐2160‐425003 River Oak Veterinary FY 21/22 11/17/2022 30 Vendor: 242 ‐ RANDIK PAPER CO10/26/2022 207104 RANDIK PAPER CO 151828 110‐7413‐427002 CITY BUILDING SUPPLIES 10/26/2022 967.3312/02/2022 NOV 2022 PG&E 151827 622‐4152‐420001 59146046806 12/02/2022 48.312/02/2022 NOV 2022 PG&E 151827 645‐4160‐420001 59146046806 12/02/2022 48.31 Vendor 226 ‐ PG&E Total: 12668.12
12/02/2022 NOV 2022 PG&E 151827 110‐7210‐420001 63695829133 12/02/2022 735.9612/02/2022 NOV 2022 PG&E 151827 110‐7210‐420001 25332532271 12/02/2022 110.8312/02/2022 NOV 2022 PG&E 151827 110‐7210‐420001 02411052901 12/02/2022 97.2211/18/2022 NOV 2022 2 PG&E 151827 657‐4170‐420001 44024983676 11/18/2022 36.6111/18/2022 NOV 2022 2 PG&E 151827 657‐4170‐420001 86502703126 11/18/2022 164.1211/18/2022 NOV 2022 2 PG&E 151827 657‐4170‐420001 07028519473 11/18/2022 1285.9411/18/2022 NOV 2022 2 PG&E 151827 293‐6250‐420001 88703594601 11/18/2022 289.0811/18/2022 NOV 2022 2 PG&E 151827 622‐4150‐420001 45427294660 11/18/2022 763.3211/18/2022 NOV 2022 2 PG&E 151827 622‐4152‐420001 44133562536 11/18/2022 2528.1411/18/2022 NOV 2022 2 PG&E 151827 288‐6243‐420001 01868963875 11/18/2022 209.9511/18/2022 NOV 2022 2 PG&E 151827 288‐6244‐420001 47013986097 11/18/2022 39.311/18/2022 NOV 2022 2 PG&E 151827 288‐6245‐420001 68565167456 11/18/2022 14.2911/18/2022 NOV 2022 2 PG&E 151827 117‐7470‐420001 63063551012 11/18/2022 274.9411/18/2022 NOV 2022 2 PG&E 151827 285‐6220‐420001 16364492971 11/18/2022 1022.8611/18/2022 NOV 2022 2 PG&E 151827 288‐6241‐420001 29646608462 11/18/2022 59.2711/18/2022 NOV 2022 2 PG&E 151827 110‐4142‐420001 07875298122 11/18/2022 12.9511/18/2022 NOV 2022 2 PG&E 151827 110‐7210‐420001 18246929329 11/18/2022 186.7611/18/2022 NOV 2022 2 PG&E 151827 117‐7460‐420001 71493181177 11/18/2022 1636.76 Vendor 01216 ‐ PACIFIC SHREDDING/PACIFIC STORAGE CO. Total: 89.6 Vendor: 226 ‐ PG&E11/18/2022 NOV 2022 2 PG&E 151827 110‐1910‐420001 18246929329 11/18/2022 2713.8111/18/2022 NOV 2022 2 PG&E 151827 110‐1910‐420002 18246929329 11/18/2022 389.411/17/2022 242416 P & L CONCRETE PRODUCTS 151825 110‐4140‐427006 SIDEWALK REPAIR 11/17/2022 218.99 Vendor 223 ‐ P & L CONCRETE PRODUCTS Total: 871.09
Vendor: 01216 ‐ PACIFIC SHREDDING/PACIFIC STORAGE CO.11/21/2022 5134210 PACIFIC SHREDDING/PACIFIC S151826 110‐2110‐425003 Monthly Shredding Services FY11/21/2022 89.6 Vendor: 223 ‐ P & L CONCRETE PRODUCTS11/04/2022 242071 P & L CONCRETE PRODUCTS 151825 644‐4169‐442001 CONCRETE 11/04/2022 341.9611/14/2022 242273 P & L CONCRETE PRODUCTS 151825 644‐4169‐442001 CONCRETE 11/14/2022 310.1411/29/2022 2721‐386696 O'REILLY AUTOMOTIVE STORE151824 565‐7215‐424003 VEHICLE SERVICE PARTS 11/29/2022 105.24 11/29/2022 2721‐386724 O'REILLY AUTOMOTIVE STORE151824 565‐7215‐424003 VEHICLE SERVICE PARTS 11/29/2022 7.58 Vendor 62 ‐ O'REILLY AUTOMOTIVE STORES INC. Total: 487.3 Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date Vendor 1368 ‐ STANISLAUS FOUNDATION Total: 2780.2
Vendor: 278 ‐ STEVES CHEVROLET‐BUICK11/10/2022 50874 STANISLAUS FOUNDATION 151837 510‐1910‐436001 DENTAL BENEFITS 11/10/2022 1666.209/13/2022 58780 STANISLAUS COUNTY 151835 120‐3130‐425003 PLAN CHECK ‐ AUGUST 2022 09/13/2022 208.04 Vendor 275 ‐ STANISLAUS COUNTY Total: 5167.04
Vendor: 1368 ‐ STANISLAUS FOUNDATION11/03/2022 50853 STANISLAUS FOUNDATION 151837 510‐1910‐436001 DENTAL BENEFITS 11/03/2022 1114Vendor: 270 ‐ STANISLAUS COUNTY CLERK/RECORDER11/29/2022 LIEN RELEASE 11/29/22 STANISLAUS COUNTY CLERK/R151836 120‐3130‐425003 LIEN RELEASE 11/29/2022 20 Vendor 270 ‐ STANISLAUS COUNTY CLERK/RECORDER Total: 20 Vendor: 275 ‐ STANISLAUS COUNTY09/13/2022 58779 STANISLAUS COUNTY 151835 120‐3130‐425003 INSPECTION SERVICES 09/13/2022 4959 11/08/2022 22‐0906 SOUNDSCAPES ELECTRIC SECU151834 622‐4152‐427006 GATE ACCESS 11/08/2022 1970.85 11/08/2022 22‐0906 SOUNDSCAPES ELECTRIC SECU151834 645‐4160‐427006 GATE ACCESS 11/08/2022 1970.85 Vendor 01030 ‐ SOUNDSCAPES ELECTRIC SECURITY & AUDIO VIDEO Total: 8254.7 Vendor: 01030 ‐ SOUNDSCAPES ELECTRIC SECURITY & AUDIO VIDEO11/08/2022 22‐0903 SOUNDSCAPES ELECTRIC SECU151834 622‐4153‐441005 GATE ACCESS 11/08/2022 2157.5 11/08/2022 22‐0903 SOUNDSCAPES ELECTRIC SECU151834 645‐4161‐441005 GATE ACCESS 11/08/2022 2155.511/10/2022 13835 SIGNATURE SIGNS 151833 621‐4159‐442001 PRINTED SIGNS 11/10/2022 182.4311/10/2022 13835 SIGNATURE SIGNS 151833 644‐4169‐442001 PRINTED SIGNS 11/10/2022 182.43 Vendor 1227 ‐ SIGNATURE SIGNS Total: 2866.52
11/07/2022 13831 SIGNATURE SIGNS 151833 621‐4159‐442001 PRINTED SIGNS 11/07/2022 773.0811/07/2022 13831 SIGNATURE SIGNS 151833 644‐4169‐442001 PRINTED SIGNS 11/07/2022 773.0811/10/2022 13835 SIGNATURE SIGNS 151833 215‐4149‐442001 PRINTED SIGNS 11/10/2022 182.43Vendor: 01451 ‐ SIGN DESIGNS INC.10/05/2022 220900 SIGN DESIGNS INC. 151832 215‐4149‐442001 BANNERS 10/05/2022 322.96 Vendor 01451 ‐ SIGN DESIGNS INC. Total: 322.96
Vendor: 1227 ‐ SIGNATURE SIGNS11/07/2022 13831 SIGNATURE SIGNS 151833 215‐4149‐442001 PRINTED SIGNS 11/07/2022 773.0711/16/2022 387172 SAFE‐T‐LITE OF MODESTO 151831 110‐4140‐427006 STREET SIGN 11/16/2022 312.9311/23/2022 387274 SAFE‐T‐LITE OF MODESTO 151831 110‐7210‐427006 DOG SIGNS 11/23/2022 499.88 Vendor 255 ‐ SAFE‐T‐LITE OF MODESTO Total: 965.55
Vendor: 01378 ‐ RP LANDSCAPING11/02/2022 230 RP LANDSCAPING 151830 549‐7219‐442001 PLANTER CLEAN UP 11/02/2022 2150 Vendor 01378 ‐ RP LANDSCAPING Total: 2150
Vendor: 255 ‐ SAFE‐T‐LITE OF MODESTO11/16/2022 387156 SAFE‐T‐LITE OF MODESTO 151831 110‐4140‐427006 STREET SIGNS 11/16/2022 152.7411/17/2022 512122 RIVER OAK VETERINARY HOSP151829 110‐2161‐425003 River Oak Veterinary FY 21/22 11/17/2022 30 11/17/2022 512122 RIVER OAK VETERINARY HOSP151829 742‐2160‐425003 River Oak Veterinary FY 21/22 11/17/2022 100 Vendor 01087 ‐ RIVER OAK VETERINARY HOSPITAL INC. Total: 160 Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 11/29/2022 - 12/9/2022
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Post Date Grand Total:
Vendor 324 ‐ WESTURF NURSERY Total: 17.11
Vendor: 1560 ‐ WGR SOUTHWEST INC.10/24/2022 27545 WGR SOUTHWEST INC. 151845 622‐4152‐425003 PREPARATION SUBMITTLE 10/24/2022 4871 Vendor 1560 ‐ WGR SOUTHWEST INC. Total: 4871
530309.61
Vendor: 01111 ‐ WATERFORD IRRIGATION SUPPLY11/16/2022 198451 WATERFORD IRRIGATION SUP151843 622‐4152‐427006 PIPE WORK 11/16/2022 1271.73 Vendor 01111 ‐ WATERFORD IRRIGATION SUPPLY Total: 1271.73 Vendor: 324 ‐ WESTURF NURSERY11/21/2022 879618 WESTURF NURSERY 151844 565‐7215‐424003 MOVER PARTS 11/21/2022 17.1111/19/2022 970617907‐00002 11/19/22 VERIZON WIRELESS 151842 110‐7413‐420004 TELEPHONE 11/19/2022 150.4411/19/2022 970617907‐00002 11/19/22 VERIZON WIRELESS 151842 118‐7320‐420004 TELEPHONE 11/19/2022 28.35 Vendor 308 ‐ VERIZON WIRELESS Total: 1786.82
11/18/2022 270617885‐00002 11/18/22 VERIZON WIRELESS 151842 565‐7215‐420004 TELEPHONE 11/18/2022 201.7111/18/2022 270617885‐00002 11/18/22 VERIZON WIRELESS 151842 645‐4160‐420004 TELEPHONE 11/18/2022 36.0411/19/2022 570628357‐00002 11/19/22 VERIZON WIRELESS 151842 110‐2110‐420004 TELEPHONE 11/19/2022 1189.32 Vendor 291 ‐ TROMBETTA ELECTRICS DISTRIBUTORS Total: 381.73 Vendor: 298 ‐ UNITED RENTALS NORTH AMERICA INC.11/22/2022 212121341‐002 UNITED RENTALS NORTH AME151841 239‐1910‐442001 RENTAL 11/22/2022 340.3 Vendor 298 ‐ UNITED RENTALS NORTH AMERICA INC. Total: 340.3 Vendor: 308 ‐ VERIZON WIRELESS11/18/2022 270617885‐00002 11/18/22 VERIZON WIRELESS 151842 110‐7210‐420004 TELEPHONE 11/18/2022 180.96 Vendor 278 ‐ STEVES CHEVROLET‐BUICK Total: 144.38
Vendor: 285 ‐ TESCO CONTROLS11/15/2022 0078191‐IN TESCO CONTROLS 151839 645‐4160‐427006 TROUBLESHOOTING COMMUN11/15/2022 217.5 Vendor 285 ‐ TESCO CONTROLS Total: 217.5
Vendor: 291 ‐ TROMBETTA ELECTRICS DISTRIBUTORS11/03/2022 188210 TROMBETTA ELECTRICS DISTR151840 110‐4142‐427006 DOWNTOWN LIGHTING 11/03/2022 381.73 11/14/2022 1703224 STEVES CHEVROLET‐BUICK 151838 110‐2110‐424003 VEHICLE SERVICE PARTS 11/14/2022 33.7511/17/2022 1703262 STEVES CHEVROLET‐BUICK 151838 110‐2110‐424003 VEHICLE SERVICE PARTS 11/17/2022 110.63 AGENDA ITEM 9.3:
By Motion, Waive all Readings of Ordinances and
Resolutions, except by Title.
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: December 19, 2022
To: Mayor Bairos and Members of the City Council
From: Colleen Andersen, Council Services and Legislative Records Manager Reviewed by: Bryan Whitemyer, City Manager
Subject: Accept by Minute Order, the List of City Commissions/Boards/Committees for 2023 as Required by the Maddy Act (Government Code §54972)
I. BACKGROUND
The Maddy Appointive List Act (Maddy Act) was enacted to provide advanced notice regarding ongoing boards, commission, and committee positions that expire in 2023.
II. DISCUSSION
In accordance with this provision, on or before December 31st of each year, a list of appointments (Attachment A) of all ongoing boards, commissions, and committees that are appointed by the City Council must be prepared and posted. This list must include which terms will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date of the term expires, and the necessary qualification for the position.
Once accepted by the City Council, the list will be posted at the City’s Council Chambers bulletin board, the Stanislaus County Oakdale Branch Library and on the City’s website.
III. FISCAL IMPACTS
There is no fiscal impact.
IV. RECOMMENDATION
Staff recommends the City Council accept the attached Local Appointments List for 2023.
V. ATTACHMENTS
Attachment A: 2023 Local Appointments List
AGENDA ITEM 9.4
Notice: In compliance with the requirements of the Maddy Act (Government Code (§54973), the following appointment list was posted on or before December 31, 2022. The list contains all current members of City Boards, Commissions, and Committees and the dates of their terms of offices of the time of this posting. The City Council of the City of Oakdale will make appointments to the positions below which will expire in or may otherwise become vacant in 2023.
The names on this list are subject to change based on term expectations and resignations that occur during the year. For a current list of members, please to refer to the City Commissions pages on the City’s website: www.oakdalegov.com or call the City Clerk’s office at 209-845- 3573.
Meeting Schedule: The meetings are held at the City Council Chambers at a minimum of twice per year and/or on an “as needed” basis.
Duties: Reviews the expenditures of revenues received from the ½ cent transactions and use (sales) tax (Measure O) approved by Oakdale voters on November 8, 2011 and was extended by way of approval of Measure Y by Oakdale voters on November 11, 2014 and then Measure H on November 5, 2019 to ensure the funds are spent in accordance with the ballot question.
Membership/Qualifications: A five regular member and two alternate member committee appointed for five years, the term of the tax. Members must be registered voters and reside within the Oakdale city limits.
Committee Members Appointment Date Term Expiration
Rick Jones 05/04/2020 04/2024
Cecilia Suarez 04/06/2020 04/2024
Joe Carrillo 05/04/2020 04/2024
Tenisha Dunham 05/04/2020 04/2024
Ernest Valdez, Jr. 05/04/2020 04/2024
Alternate Members Appointment Date Term Expiration
Lucas Bell 04/05/2021 04/2024
Justin Bochmann 04/05/2021 04/2024
Meeting Schedule: The meetings are held at the City Council Chambers on the first Wednesday of every month at the hour of 6:00 p.m.
Mission: Fairly and impartially represents the citizens of Oakdale and those within its sphere of influence on planning issues brought before the Commission and applies applicable laws, policies, ordinances, municipal codes and existing General Plan conditions to decisions/ recommendations to the City Council.
Membership/Qualifications: A five-member commission with overlapping four-year terms. All Planning Commission Terms Expiring: 0
Vacancies: 0
Measure H Residents Oversight Committee Terms Expiring: 0 Vacancies: 0
Senior Citizens Advisory Commission Terms Expiring: 2
Vacancies: 0
members shall be residents of the City of Oakdale.
Commission Members Appointment/Reappointment Date Term Expiration Amy Velasco Reappointed 04/2021 04/2025
Ezra Ivey Reappointed 04/2022 04/2026
Brian Heron Reappointed 04/2021 04/2025
Will Jones Appointed 04/2022 04/2026
Saundra West Appointed 06/2022 to fill unexpired term 04/2025 Meeting Schedule: The meetings are held at the Gladys L. Lemmons, Senior Citizen Community Center on the third Tuesday of the month during the months of January, March, May, July, September, October and November at the hour of 2:00 p.m.
Mission: Recommends to the City Council regarding programs, needed facilities, housing, recreation, and health and nutritional needs affecting seniors in the community.
Membership/Qualifications: A seven-member commission with four-year overlapping terms.
Members of this commission may serve only three terms. Five members shall be residents of the city of Oakdale. Two members may be non-residents of the city. Five members shall be at least sixty years of age.
Commission Members Appointment/Reappointment Date Term Expiration Lupe Aguilera Reappointed 04/2020 04/2024
Nancy Smith Reappointed 04/2020 04/2024
Jean Cavanaugh Appointed 04/2019 04/2023
Carol Lyda Appointed 11/2021 to fill unexpired term 04/2023 Loran Lester Reappointed 04/2020 04/2024
Tammy Bengtson Appointed 4/2022 04/2026
Edward Viohl Reappointed 04/2022 04/2026
Tourism Business Improvement District Advisory Board Terms Expiring: 1 Vacancies: 0
Meeting Schedule: The meetings are held at the Oakdale Tourism and Visitor Center held on an “as needed” basis.
Duties: Review the assessments imposed that support local tourism, and the local lodging industry in the district.
Membership/Qualifications: A seven-member advisory board with four-year overlapping terms. Four members shall be owners, operators, or manage employees of lodging business. Three members shall be members from the community at large.
Commission Members
Hotel Owners/Operators
Appointment/Reappointment Date Term Expiration
Chaitanya Mahida Reappointed 09/2022 04/2026
Tejesh Mistry Appointed 09/2022 04/2026
Pat Mistry Appointed 09/2022 04/2026
Has Panchal Reappointed 04/2020 04/2024
At Large Members
Melissa Brewer Appointed 04/2021 04/2025
Barbara Jones Appointed 06/2022 04/2025
Bill Sehl Appointed 06/2022 to fill unexpired term 04/2023 /s/Colleen Andersen
Colleen Andersen, Council Services & Legislative Records Manager Deputy City Clerk
Date: December 19, 2022
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
{CW117872.1} Page 1 of 2
Date: December 1, 2022
To: Mayor Cherilyn Bairos, Members of the Oakdale City Council From: Tom Hallinan, City Attorney
Subject: East F Street Specific Plan Swainson’s Hawk Foraging Habitat Mitigation
I. BACKGROUND
In 2006, the City of Oakdale (“City”) City Council (“City Council”) adopted the East F Street Corridor Specific Plan (the “Specific Plan”). The Specific Plan covers an area of approximately 192 acres located within the eastern boundary of City limits along East “F” Street to Stearns Road. The Specific Plan provides for the development of land uses including low, medium, and high-density residential, mixed-use commercial and residential, public and semi-public, and parks and open space. In 2019, the City Council approved an amendment to the Specific Plan to reconfigure land uses in the North sub-area of the Specific Plan, specifically providing for a 16-acre commercial land use designation at the East F Street intersection with Stearns Road.
In approving the Specific Plan, the City adopted an Environmental Impact Report (“EIR”) and adopted a Supplemental EIR associated with amendments to the Specific Plan in 2019 (State Clearinghouse No. 2003072147). The EIR and the Supplemental EIR included mitigation monitoring plans (“MMRP”) to address the environmental impacts identified in both documents. The Supplemental EIR’s MMRP only addresses the changed impacts from revisions to the Specific Plan, which were related to aesthetics, greenhouse gas emissions, land use and planning, noise, and transportation and traffic. The MMRP in the EIR addressed all environmental impacts from the Specific Plan, including air quality, agricultural resources, cultural and historic resources, noise, transportation and traffic, water supply, biological resources, and hazardous materials. The EIR’s MMRP also notes the party responsible for implementation and monitoring of the mitigation measures identified in the EIR.
II. DISCUSSION
As part of the EIR’s MMRP, the Project Applicant, which in this case is Tesoro Homes, Inc., is responsible for implementing the mitigation measure to address any impact on foraging habitat for Swainson’s Hawk and other raptors and the City’s Public Services Director is responsible for monitoring the Project Applicant’s compliance with that mitigation requirement.
AGENDA ITEM 9.5
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT (CONTINUED)
{CW117872.1} Page 2 of 2
The mitigation measure associated with foraging habitat for Swainson’s Hawk in the EIR requires that Tesoro Homes, Inc. “ensure that suitable raptor foraging habitat are preserved within eastern Stanislaus County based upon project impacts at a 0.5:1 ratio…”. In complying with this requirement, Tesoro Homes has provided a Swainson’s Hawk foraging habitat assessment, evaluating the foraging habitat suitability of the remaining Specific Plan area, attached to this staff report. That analysis, prepared by Diane Moore, Chief Biologist of Moore Biological Consultants, determined that there is no suitable Swainson’s Hawk and other raptor foraging habitat in the remaining Specific Plan area.
The Moore Biological Consultants analysis establishes that there are no further impacts on Swainson’s Hawk foraging habitat based on impacts from the Specific Plan project. Therefore, there is no further requirement to provide raptor foraging habitat at a 0.5:1 ration under the MMRP. Because the City is responsible for monitoring compliance with the MMRP, the City is making this determination by recording it in the mitigation monitoring program table, attached to this staff report.
III. FISCAL IMPACT
There are no additional costs associated with the determination that the mitigation measure associated with Swainson’s Hawk under the EIR has been completed, other than the staff time expended in reviewing the biological assessment and updating the mitigation monitoring program table.
IV. RECOMMENDATION
City staff recommends that the City Council authorize the Public Services Director to issue a letter acknowledging Tesoro Home Inc.’s biological assessment, to determine that the mitigation measure associated with Swainson’s Hawk foraging habitat is complete, and to update the EIR’s MMRP to reflect that the Swainson’s Hawk foraging habitat mitigation measure has been addressed and that no suitable raptor foraging habitat will be impacted by further development of the Specific Plan.
V. ATTACHMENTS
(1) Moore Biological Consultants Report, dated March 10, 2022 (2) Mitigation Monitoring Program status update
(3) Correspondence to Tesoro Homes, Inc.
MOORE BIOLOGICAL CONSULTANTS
March 10, 2022
Mr. Rick Hanks
Tesoro Homes, Inc.
P.O. Box 2120
Oakdale, CA 95361
SUBJECT: “EAST F STREET SPECIFIC PLAN”, OAKDALE, CALIFORNIA:
SWAINSON’S HAWK FORAGING HABITAT ASSESSMENT
Dear Rick:
Thank you for asking Moore Biological Consultants to assist with the East F Street Specific Plan project in Oakdale, Stanislaus County, California (Figures 1 and 2). This report describes our analysis of the potential for Swainson’s hawk (Buteo swainsoni) to forage in the Specific Plan area and conclusions regarding use of the site, if any, by Swainson’s hawks.
As you are aware, we have conducted preconstruction surveys for portions of the Specific Plan area that have gone to construction during the past 8+ years. In 2014, we also conducted a Swainson’s hawk foraging habitat assessment for the “Trieste Subdivision”, which encompasses much of the northeast part of the Specific Plan area (Figure 3). We completed a similar assessment for the “Tesoro III” site in 2021. This assessment is an update and expansion of those prior studies to include the entire East F Street Specific Plan area.
GENERAL SETTING: The East F Street Specific Plan area is in northeast Oakdale, in Stanislaus County, California (Figure 1). The Specific Plan area is in Section 12, within Township 2 South, Range 10 East, of the USGS 7.5-minute Oakdale topographic quadrangle (Figure 2). The Specific Plan area is generally level and is situated at an elevation of approximately 170 feet above mean sea level. 10330 Twin Cities Road, Suite 30 • Galt, CA 95632
(209) 745–1159 • Fax (209) 745-7513
e-mail: [email protected]
FIGURE 1
PROJECT VICINITY
Source: California State
Automobile Association
Moore Biological
Consultants 0 9 18
Miles
Project
Vicinity
Moore Biological
Source: USGS 7.5-minute
Oakdale topographic quadrangle
FIGURE 2
0 2000 4000 PROJECT LOCATION
Feet
Project
Location
E. F Street SP: SWHA Foraging Habitat Review 4 March 10, 2022 The Specific Plan area is a mosaic of residential subdivisions, other previously developed areas, orchards, leveled fallow grassland fields, and commercial businesses adjacent to Highway 120 (Figure 3 and photographs in Attachment A). The Specific Plan area also encompasses the rodeo grounds and a few small areas of irrigated pasture.
Land uses in this portion of Oakdale are mixed, with primarily agricultural and residential uses, and with smaller areas in commercial and recreational uses (i.e., rodeo, golf) (Figure 3). There is commercial and residential development situated to the west of the Specific Plan area and orchards and a residential subdivision bordering the north edge of the Specific Plan area. The Oakdale Golf and Country Club is located just east of the Specific Plan area. Land uses to the south are primarily agricultural and residential.
SWAINSON’S HAWK OVERVIEW: The Swainson’s hawk is a migratory hawk listed by the State of California as a Threatened species. The Migratory Bird Treaty Act and Fish and Game Code of California protect Swainson’s hawks year-round, as well as their nests during the nesting season (March 1 through September 15).
Swainson’s hawk are found in the Central Valley primarily during their breeding season, a population is known to winter in the San Joaquin Valley.
California Department of Fish and Wildlife’s (CDFW) Staff Report regarding Mitigation for Impacts to Swainson’s Hawks (Buteo Swainsoni) in the Central Valley of California (CDFW, 1994) defines suitable foraging habitat for Swainson’s hawk as grasslands, alfalfa, hay crops, and other annual croplands.
This species is largely restricted to the valley floor and delta where large areas of foraging habitat are in close proximity to nest sites.
Irrigated cropland, particularly alfalfa, is some of the highest quality Swainson’s hawk foraging habitat. In contrast, disked and fallow ruderal grassland, such as that in portions of the site, provides substantially lower quality Swainson’s hawk foraging habitat. Orchards, developed areas, including residences, gravel lots, Source (Basemap): Google Earth
Scale: 1 inch = 600+/- feet
Moore Biological
Consultants
FIGURE 3
AERIAL PHOTOGRAPH
Specific Plan Boundary
Trieste Subdivision
Tesoro III
E. F Street SP: SWHA Foraging Habitat Review 6 March 10, 2022 and commercial businesses do not provide suitable foraging habitat for Swainson’s hawk.
SWAINSON’S HAWK HABITAT USE ANALYSIS: The overall Specific Plan area contains a variety of habitat types, most of which provide low quality foraging habitat for Swainson’s hawk, if any. The blocks of orchards, residential subdivisions, roads, rodeo arena, and developed lots and commercial businesses adjacent to Highway 120 do not provide potential Swainson’s hawk foraging habitat. In contrast, there are a few small areas of irrigated pasture and a few fallow grassland fields in the Specific Plan area that provide potentially suitable Swainson’s hawk foraging habitat. However, the grassland fields are not irrigated, appear to be routinely mowed and/or disked, and are consequently very low quality potential foraging habitat. The size and condition of the grassland fields and the irrigated areas, as well as how these areas are interspersed with other land uses reduces the suitability of these areas for foraging Swainson’s hawks.
The Specific Plan area is along the fringes of a heavily developed portion of Oakdale and is along the extreme east edge or outside (i.e., east) of the known nesting range of this species. To assist in drawing conclusions on whether the site is actually being used by Swainson’s hawks for foraging, the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB, 2022) was searched for records of this species within a 10-mile radius of the Specific Plan area (Attachment C).
CDFW’s CNDDB (2022) contains 4 records of Swainson’s hawks within 10 miles of the Specific Plan area, with the nearest record located approximately 4.5 miles southeast of the Specific Plan area (Attachment C). Two of the records further west of the Specific Plan area are either long the Stanislaus River corridor or in close proximity to the river. There are no records of nesting Swainson’s hawk within the developed portion of Oakdale and the only other record within 10 miles of the Specific Plan area is a historical record (2007) approximately 9 miles away E. F Street SP: SWHA Foraging Habitat Review 7 March 10, 2022 in Modesto. Further, the most recent record of a nesting Swainson’s hawk documented in the CNDDB (2022) within 10 miles of the Specific Plan area is from 2011. This specific record notes the nesting pair is from 2010 and in 2011 it was noted that this nesting pair is “Probably Locally Extirpated” (i.e., no longer present) as the nest tree fell in 2011 and no other nests were observed within almost 2 miles of the original nest tree.
As described above, Swainson’s hawks prefer foraging near their nest sites in vast fields of grassland or cropland (alfalfa, tomatoes, hay, irrigated pasture) as opposed to small portions of suitable areas surrounded by parcels that are unsuitable for foraging. There are no records of Swainson’s hawks nesting anywhere near the Specific Plan area and the site is along the very east nesting range of this species. The Specific Plan area is bordered by residential subdivisions, commercial and other development, roads, and a golf course.
None of these land uses provide high-quality foraging habitat for Swainson’s hawk and their adjacency to the site reduces the likelihood of the Specific Plan area being used for foraging. Although there are a few small areas of irrigated pasture and ruderal grasslands in the Specific Plan area, the Specific Plan area is mostly unsuitable for foraging Swainson’s hawks due to current land uses. The fallow grassland fields in the Specific Plan area appear to have been subject to routine mowing and/or disking for several years and provide very low-quality habitat for Swainson’s hawks. Further, the Specific Plan area is along the fringe of a heavily developed portion of Oakdale and it is considered highly unlikely that Swainson’s hawks would forage in the Specific Plan area in a meaningful capacity, if ever.
Conclusions
• The majority of the Specific Plan area consists of habitats that are not suitable for foraging Swainson’s hawks.
Sincerely, References and Literature Consulted E. F Street SP: SWHA Foraging Habitat Review 8 March 10, 2022 CDFG (California Department of Fish and Game). 1994. Staff Report regarding Mitigation for Impacts to Swainson’s Hawks (Buteo Swainsoni) in the Central Valley of California. November. We hope this information is useful. Please call me at (209) 745-1159 with any questions. CNDDB (California Natural Diversity Database). 2022. California Department of Fish and Wildlife’s Natural Heritage Program, Sacramento, California. Diane S. Moore, M.S. Principal Biologist • The Specific Plan area is along the extreme east edge or outside (i.e. , east) of the known nesting range of Swainson’s hawks. • Due to habitats present and location of the Specific Plan area so far east, it is unlikely Swainson’s hawks have foraged in the Specific Plan area in a meaningful capacity in recent years or would forage in the Specific Plan area in a meaningful capacity in the future (if the remaining lands are not developed). • The conversion of the low quality potential Swainson’s hawk foraging habitat in the undeveloped lands in the Specific Plan to development is a less-than-significant impact, and compensatory habitat mitigation is not warranted.
Attachment A
Photographs
MOORE BIOLOGICAL
Ruderal grassland field in the southeast part of the site, looking northwest from Highway 120; 01/12/22. Later in the spring, this field, which is not irrigated, will resemble the field above.
Mowed ruderal grassland in the approximate central part of the site, looking southwest from D Street; 09/02/21. The fallow grassland in the site provides very low quality foraging habitat for Swainson's hawk.
MOORE BIOLOGICAL
Rodeo arena in the west part of the site, looking southwest; 01/12/22. The irrigated pasture surrounding the rodeo arena provides relatively high quality foraging habitat for Swainson's hawk.
Irrigated pasture in a field north of the rodeo grounds in the west part of the site, looking west; 01/12/22. Most of the fields surrounding the main rodeo arena consist of irrigated pasture.
MOORE BIOLOGICAL
D Street in the north part of the site, looking west; 01/12/22.
Graded field in the north part of the site, looking north from D Street; 01/12/22. This field is currently being graded in support of a residential subdivision.
MOORE BIOLOGICAL
Entrance to the residential subdivision in the northeast part of the site, looking northwest; 01/12/22.
Storm drain swale along the north edge of the site, looking west from the northeast corner of the site; 01/12/22. This swale is vegetated in ruderal grassland and appears to capture water from the adjacent subdivisions.
MOORE BIOLOGICAL
Ruderal grassland field in the south part of the site, looking south from Highway 120; 01/12/22. There are a few grassland fields south of Highway 120, but most of the area is used for residential development or various commercial uses.
Orchard in the northwest part of the site, looking northeast from the southwest corner of the orchard; 01/12/22. Orchards are not considered suitable foraging habitat for Swainson's hawks.
MOORE BIOLOGICAL
PG&E substation in the southwest part of the site, looking southeast; 01/12/22.
Construction equipment and vehicle storage yard in the southwest part of the site, looking southwest; 01/12/22. Developed areas in the site do not provide foraging opportunites for Swainson's hawk.
MOORE BIOLOGICAL
Small portion of the Oakdale Golf and Country Club in the site, looking southwest from the east edge of the site; 01/12/22. The manicured lawn provides low quality foraging habitat for Swainson's hawk.
Attachment B
Swainson’s Hawk Records Within 10 Miles
Site Site
Map of Project Area
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri California Natural Diversity
Database (CNDDB) Commercial
[ds85]
Plant (80m)
Plant (specific)
Plant (non-specific)
Plant (circular)
Animal (80m)
Animal (specific)
Animal (non-specific)
Animal (circular)
Terrestrial Comm. (80m)
Terrestrial Comm.
(specific)
Terrestrial Comm. (nonspecific)
Terrestrial Comm. (circular)
Aquatic Comm. (80m)
Aquatic Comm. (specific)
Aquatic Comm. (nonspecific)
Aquatic Comm. (circular)
Multiple (80m)
Multiple (specific)
Multiple (non-specific)
Multiple (circular)
Sensitive EO's
(Commercial only)
January 12, 2022
0 2.5 5 10 mi
0 4 8 16 km
1:288,895
Printed from http://bios.dfg.ca.gov
Author: [email protected]
´
4.5mi (2011)
9mi (1997)
7mi (2003)7mi (2003)
9.5mi (1995)
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 2
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.1 AIR QUALITY
4.1-3
Prior to all phases of project construction, the City shall ensure that construction contracts include the following specifications:
• Tuning engines to manufacturer’s specifications.
• When feasible, scheduling equipment usage to avoid simultaneous use of equipment.
• If feasible, using alternative fuel construction equipment. • Limiting idling equipment to 10 minutes.
Prior to project demolition and
construction and prior to issuance
of permits.
Project Applicant CDD SJVAPCD Regulations
4.1-4
Prior to project construction, the project applicant and City shall consult with the SJVAPCD to ensure all applicable and feasible mitigation measures are implemented to reduce emissions. These measures may include, but would not be limited to, the following or equally effective measures:
• Outdoor electrical outlets shall be installed outside each residential building and each residential patio area to allow for the use of electric barbeques and landscaping equipment.
• Use of solar or low emission water heaters.
• Increase wall and attic insulation beyond Title 24 requirements. • Only natural gas insert fireplaces shall be installed in homes and apartments.
Prior to project demolition and
construction and prior to issuance
of permits.
Project Applicant CDD SJVAPCD Regulations
4.1-5
Implement Mitigation Measures 4.1-3 and 4.1-4. Prior to project demolition and construction and prior to issuance
of permits.
Project Applicant CDD SJVAPCD Regulations
4.1-7
Implement Mitigation Measure 4.1-4. Prior to project demolition and construction and prior to issuance
of permits.
Project Applicant CDD SJVAPCD Regulations
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 3
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.2 AGRICULTURAL RESOURCES
4.2-1
Prior to recordation of final maps on any portion of the Plan Area determined to be classified as Prime Farmland pursuant to the California Department of Conservation Land Evaluation and Site Assessment (LESA) model, a 1:1 ratio of agricultural land of equal quality shall be provided by the project applicant through conservation easements in perpetuity or through a qualified Land Trust Fee Program.
Prior to recordation of final map. Project Applicant CDD Verify compliance with mitigation measure prior to
final map showing plans
designed to City standards.
4.2-3
Implement Mitigation Measure 4.2-1. Prior to recordation of final map. Project Applicant CDD Verify compliance with mitigation measure prior to
final map showing plans
designed to City standards.
4.3 CULTURAL AND HISTORIC RESOURCES
4.3-1
(a) In the event that any paleontological, prehistoric or subsurface archeological features or deposits, including locally darkened soil (“midden”), that could conceal cultural deposits, animal bone, obsidian and/or mortar are discovered during constructionrelated earth-moving activities, all work within 100 feet of the resources shall be halted and the City shall consult with a qualified archeologist or paleontologist to assess the significance of the find. If the find is determined to be significant by the qualified archaeologist/paleontologist, then representatives of the City and the qualified archaeologist/paleontologist shall meet to determine the appropriate course of action. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and a report shall be prepared by the qualified archaeologist/paleontologist according to current professional standards. [CEQA Guidelines 15064.5 (f)]
(b) If a resource site related to the Yokut tribe or other Native American groups historically associated with the region is discovered, the applicant shall be required to consult and communicate with the Native American Heritage Commission and the appropriate tribal chairperson or tribal government representative. Then the evaluation process shall include During project demolition and
construction.
During to project demolition and
construction.
Project Applicant
Project Applicant
CDD
CDD
CEQA Guidelines Section
15064.5 (f) (See last page
regarding preconstruction
meeting relevant to cultural
resources)
Native American Heritage
Commission standards. (See
last page regarding
preconstruction meeting
relevant to cultural resources)
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 4
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance consultation with the appropriate Native American(s).
(c) When Native American archaeological, ethnographic, or spiritual resources are involved, all identification and treatment shall be conducted by qualified archaeologists who are either certified by the Society of Professional Archaeologists (SOPA) or meet the federal standards as stated in the Code of Federal Regulations (36 C.F.R. 61), and Native American representatives who are approved by the local Native American community as scholars of the cultural traditions.
In the event that no such designated Native American
representative(s) is available, persons who represent tribal governments and/or organizations in the locale in which resources could be affected shall be consulted, along with the Native American Heritage Commission. When historic
archaeological sites or historic architectural features are involved, all identification and treatment is to be carried out by historical archaeologists or architectural historians. These individuals shall meet either SOPA or 36 C.F.R. 61 requirements.
(d) Upon discovery of human remains no further excavations or disturbances of the site shall occur within 100 yards of the site until the following steps are taken:
1. The County Coroner is contacted to determine whether a need for an investigation for a cause of death is needed or whether the remains appear to be Native American.
2. If the remains are determined to be Native American, the Native American Heritage Commission shall be notified
within 24 hours in order to determine the most likely
descendant of the deceased.
The descendants of the deceased would coordinate with the landowner in order to determine an appropriate burial procedure.
During to project demolition and
construction.
During to project demolition and
construction.
Project Applicant
Project Applicant
CDD
CDD
Code of Federal Regulations
(36 C.F.R. 61). (See last page
regarding preconstruction
meeting relevant to cultural
resources)
County Ordinance and
CEQA Guidelines Section
15064.5 (f)
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 5
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.3-2
Prior to demolition, any structure over 45 years old that could be affected by the Proposed Project (including off-site infrastructure alignments) shall be evaluated by a qualified architectural historian. County and/or City files (including County Assessor’s Office) shall be researched to determine age.
In the absence of information indicating the age of a structure, the evaluation of the structure by a qualified architectural historian will be required. If the structure is determined to be historically significant, mitigation measures consistent with CEQA Guidelines Section 15126.4(b) shall be developed by the architectural historian and submitted by the project proponent to the City (or County if the demolition is proposed prior to annexation) for approval. These mitigation measures shall be implemented by the project proponent.
Prior to demolition of any
structures in the Plan Area.
Project Applicant CDD CEQA Guidelines Section
15126.4 (b)
4.3-3
(a) Implement Mitigation Measure 4.3-1.
(b) Implement Mitigation Measure 4.3-2.
See Mitigation Measures 4.3-1 and
4.3-2.
Project Applicant CDD See Standards for Mitigation
Measures 4.3-1 and 4.3-2,
above.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 6
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.4 NOISE
4.4-1
(a) Construction activities shall be limited to the hours of 7:00 A.M. to 6:00 P.M. Monday through Saturday.
(b) All construction equipment engines shall be properly tuned and muffled according to manufacturers’ specifications.
(c) Noise construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the extent possible.
(d) The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills, jackhammers, and pile drivers.
(e) Equipment warm-up areas, water tanks, and equipment storage areas shall be located a minimum of 150 feet from occupied residences, where feasible.
Place condition on final map. Project Applicant CDD Site inspection to verify compliance with mitigation
measure during construction.
4.4-2
No outdoor activity areas, including yards, balconies, courtyards or patios, will be allowed at the multi-family residential units that front East F Street.
Private ground-level yards or patios shall be permitted so long as the yards or patios are shielded by masonry barriers with a minimum height of six feet from the elevation of the yard or patio surface.
Development plans for future
project components shall show
this.
Project Applicant CDD Verify compliance with
mitigation measure during
final map approval and
development agreements.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 7
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.5 TRANSPORTATION AND TRAFFIC
4.5-1
As the Specific Plan area is developed, the City of Oakdale shall monitor traffic volumes on an annual basis at the East F Street /Orsi Road and East F Street /Stearns Road intersections. The City shall be responsible for installing traffic signals at both intersections when traffic volumes meeting the criteria for signalization occur. Funding for the monitoring, purchase and installation of the signals shall be from development impacts fees applied to each residential unit and commercial square footage.
After construction and during
occupancy of any portion of the
Plan Area until, or if, any
signalization is required.
At review and consideration of
each for all tentative subdivision
maps or major development
applications following preparation
of a focused traffic analysis to
verify that improvement triggers
are valid and evaluate the status of
all signal light warrants.
CDD CDD Verify compliance with
mitigation measures and
Caltrans signalization
standards.
4.5-2
The City of Oakdale shall monitor traffic volumes on an annual basis at the East F Street / Southside access intersection and shall be responsible for installing a traffic signal if conditions warrant.
Following construction of the State Route 120 Oakdale Bypass, monitoring should cease because cumulative traffic will be routed around the Specific Plan area and signalization will not be warranted.
After construction and during
occupancy of any portion of the
Plan Area At review and
consideration of each for all
tentative subdivision maps or
major development applications
following preparation of a focused
traffic analysis to verify that
improvement triggers are valid and
evaluate the status of all signal light
warrants, or if, any signalization is
required and only before operation
of the State Route 120 Oakdale
Bypass.
CDD CDD Verify compliance with
mitigation measures and
Caltrans signalization
standards.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 8
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.5-3
(a) Prior to approval, or as a condition of approval, of the first tentative map, the Applicant shall provide funding to widen East F Street, from the western Plan Area boundary to the eastern Plan Area boundary as described in the East F Street Corridor Specific Plan. The project Conditions of Approval shall require that funds be deposited with the City in accordance with the Proposed Project’s Finance Implementation Plan and Development
Agreement. The timeline to complete East F Street roadway improvements shall be at the discretion of the City of Oakdale and in accordance with the City’s Capital Facilities Financing Plan.
Prior to approval or as condition
of approval for the first tentative
map.
Project
Applicant/CDD
CDD Verify compliance with
mitigation measures and
project Conditions of
Approval and City of
Oakdale’s Capital Facilities
Financing Plan standards.
(b) Prior to relinquishment by Caltrans to the City of Oakdale, all East F Street improvements constructed by the City shall be subject to all Caltrans environmental and encroachment
requirements.
(c) In the event the Proposed Project is delayed and the SR 120 Oakdale Bypass becomes operational prior to the first tentative map, Mitigation Measures 4.5-3 (a) and (b) will not be required.
Prior to relinquishment of Caltrans
property along East F Street to the
City.
Prior to approval or as condition
of approval for the first tentative
map.
Project
Applicant/CDD
Project
Applicant/CDD
CDD/Caltrans
CDD
Verify compliance with
mitigation measures and
Caltrans environmental and
encroachment requirements.
Verify operation of SR 120
Oakdale Bypass.
4.5-
Implement Mitigation Measure 4.5-3 (a) and (b) if the SR 120 Oakdale Bypass is delayed or not constructed.
Prior to approval or as condition
of approval for the first tentative
map.
Project
Applicant/CDD
CDD Verify operation of SR 120
Oakdale Bypass.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 9
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.6 WATER SUPPLY
4.6-1
(a) The City shall procure water entitlements that will meet the water demands of the City for normal, single dry and multiple dry water years presented in Table 4.6-3 on page 4.6-19 of the December 15, 2004 DEIR.
(b) The City shall use actual demand and production data accompanied with periodic water distribution system modeling (through the City’s Master Water Plan update) to determine when the proposed groundwater well should be brought on-line.
AND
(c) The City shall prepare an Urban Water Management Plan in 2005 per requirements set forth in California Water Code section 10631, as amended by SB610 and SB221.
Prior to approval of future
development and contingent on
SB610/SB221
As deemed appropriate by CDD.
.
Prior to approval of any proposed
tentative subdivision map or major
development application. Study
will be prepared by City or project
applicant. December 31, 2005.
CDD/PWD
CDD/PWD
CDD/PWD
CDD/PWD
CDD/PWD
CDD/PWD
Verify information has been
prepared in compliance with
SB 610/SB 221and identified
facilities have been brought
online.
City attorney to verify
information has been
prepared in compliance with
California Water Code
Section 10631, as amended by
SB 610/SB 221.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 10
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
4.6-4
(a) Implement Mitigation Measure 4.6-1(a) – (c).
(b) The City shall not authorize the construction or installation of new groundwater wells and pumps within the City until prepare a groundwater monitoring and management plan is implemented according to the technical requirements set forth in California Water Code Section 10750 through 10756 and Assembly Bill 3030.
AND
(c) The Proposed Project shall pay its fair share of the costs associated with the preparation and implementation of the groundwater monitoring and management plan as required by Mitigation Measure 4.6-4 (b).
Prior to approval of future
development and contingent on
SB610/SB221.
Prior to approval of future
installation of groundwater wells.
Prior to the City’s preparation of a
groundwater monitoring and
management plan.
CDD/PWD
CDD/PWD
Project Applicant
CDD/PWD
CDD/PWD
CDD/PWD
Verify information has been
prepared in compliance with
SB 610/SB 221and identified
facilities have been brought
online.
Verify information has been
prepared in compliance with
California Water Code
Section 10750 through 10756
and Assembly Bill 3030, and
identified facilities have been
brought online.
Verify fair share has been
paid prior final map approval
or as a Condition of
Approval.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 11
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance
MITIGATION MEASURES IDENTIFIED IN THE INITIAL STUDY
Initial Study Checklist Item 3 – Biological Resources
Mitigation Measure 1
Western Burrowing Owl Nesting and Foraging Habitat
(a) Prior to project construction, the project applicant and/or developer shall retain a qualified biologist to conduct preconstruction surveys of suitable habitat within the project site and off-site utility and roadway improvement locations no more than 30 days prior to project construction to ensure no burrowing owls have established territories since the initial reconnaissance surveys. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site(s) shall be re-surveyed.
The final map shall note this and
prior to construction.
Project Applicant CDD/DFG Verify compliance with
mitigation measures and
CDFG standards.
(b) Occupied burrows shall not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist approved by the CDFG verifies through noninvasive methods that either: (1) the birds have not begun egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival.
The final map shall note this and
prior to construction.
Project Applicant CDD/DFG Verify compliance with
mitigation measures and
CDFG standards.
(c) If destruction of occupied burrows is unavoidable, the project applicant and/or the developer shall coordinate with CDFG to identify existing suitable burrows located on the protected lands site to be enhanced (enlarged or cleared of debris) or new burrows created (by installing artificial burrows) at a ratio of 2:1.
The final map shall note this and
prior to construction.
Project Applicant CDD/DFG Verify compliance with
mitigation measures and
CDFG standards.
(d) If owls must be relocated away from the disturbance area, the project applicant and/or the developer shall coordinate with CDFG to relocate the owls using passive relocation techniques (as described in the CDFG’s October 17, 1995, Staff Report on Burrowing Owl Mitigation).
The final map shall note this and
prior to construction.
Project Applicant CDD/DFG Verify compliance with
mitigation measures and
CDFG standards.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 12
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance (e) If avoidance is the preferred method of dealing with potential project impacts, then no disturbance shall occur within 50 meters (approx. 160 ft.) of occupied burrows during the non-breeding season from September 1 through January 31 or within 75 meters (approx. 250 ft.) during the breeding season from February 1 through August 31.
The final map shall note this and
prior to or during construction at
times specified in migration
measure.
Project Applicant CDD/DFG Verify compliance with
mitigation measures and
CDFG standards.
Mitigation Measure 2
Foraging Habitat for Swainson’s Hawk and other raptors
The project applicant shall ensure that suitable raptor foraging habitat are preserved within eastern Stanislaus County based upon project impacts at a
0.5:1 ratio, in accordance with the CDFG 1994 “Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks (Buteo swainsoni) in the Central Valley of California”. Acreage shall be determined through consultation with the CDFG. Preservation may occur through either:
i) Purchase of mitigation credits in an approved CDFG
mitigation bank that is within the service area of the project site; or
ii) Purchase of conservation easements or fee title in eastern Stanislaus County. This mitigation must occur within 10 miles of the project site (consistent with CDFG guidelines).
The final map shall note this and
prior to construction.
Project Applicant CDD/DFG Verify compliance with
mitigation measures and
CDFG guidelines and
standards.
Based on the
attached letter
dated March 10,
2022 from Diane
Moore orf
Moore Biological
consultants, the
Director has
determined that
Measure 2 has
been addressed
and that no
suitable raptor
foraging habitat
will be impacted
by further
development in
the East F
Specific Plan
area. This
measure is
deemed
completed.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 13
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance Mitigation Measure 3
Swainson’s Hawk and other raptor Nesting Habitat
(a) The project applicant, in consultation with the CDFG, shall conduct a pre-construction breeding-season (approximately March 15 through August 30) survey of the project site and off-site utility and roadway improvement locations during the same calendar year that construction is planned to begin. The survey shall be conducted by a qualified raptor biologist to determine if any birds-of-prey are nesting on or directly adjacent to the project site.
If phased construction procedures are planned for the Proposed Project, the results of the above survey shall be valid only for the season when it is conducted.
A report shall be submitted to the City of Oakdale, following the completion of the raptor nesting survey that includes, at a minimum, the following information:
A description of methodology including dates of field visits, the names of survey personnel with resumes, and a list of references cited and persons contacted.
A map showing the location(s) of any raptor nests observed within the project site and/or off-site infrastructure locations. (b) The project proponent, in consultation with the CDFG, shall avoid all raptor nest sites located in the project site and off-site infrastructure locations during the breeding season while the nest is occupied with adults and/or young. The occupied nest shall be monitored by a qualified raptor biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a non-disturbance buffer zone around the nest site. The size of the buffer zone will be determined in consultation with the CDFG. The buffer zone shall be delineated by highly visible temporary construction fencing.
The final map shall note this and
prior to construction activities and
during the described breeding
season.
The final map shall note this and
prior to construction activities and
during the described breeding
season.
Project Applicant
Project Applicant
CDD/DFG
CDD/DFG
Verify compliance with
mitigation measures and
CDFG guidelines and
standards.
Verify compliance with
mitigation measures and
CDFG guidelines and
standards.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department \\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 14
EAST F STREET CORRIDOR SPECIFIC PLAN PROJECT
MITIGATION MONITORING PLAN
Mitigation Measure Timing/Frequency of Action Responsible for Implementing
Responsibility
for Monitoring Standards for Compliance Verification of Compliance Initial Study Checklist Item 7 – Hazards and Hazardous Materials Mitigation Measure 4
Prior to site preparation or construction, each individual development shall be investigated by a qualified professional for the presence of hazardous substances or wastes, including, but not limited to, a Phase I ESA. If none are identified, any debris removed shall be disposed of in accordance with applicable solid waste laws and regulations. If hazardous materials are observed or suspected, a subsequent Phase II ESA shall be performed.
Recommendations of the Phase II ESA shall be used to determine whether additional work is necessary. Such measures could include, but would not be limited to, additional investigation and monitoring and/or site cleanup.
The final map shall note this and
prior to site preparation,
demolition, or construction in the
Plan Area.
Project Applicant CDD Verify compliance with
mitigation measures and
applicable federal, State, and
local standards.
Mitigation Measure 5
If, during construction activities, evidence of hazardous materials contamination is observed or suspected through either obvious or implied measures (i.e., stained or odorous soil, or oily or discolored water), construction activities shall cease and an environmental professional shall assess the situation. If necessary, the environmental professional shall prepare a sampling plan to collect soil and/or groundwater samples to determine whether or not the site has been adversely affected by past activities. The samples shall be analyzed for the contaminants determined to be a potential health concern by the environmental professional.
Depending on the nature of the contamination (if any), the Stanislaus County Department of Environmental Resources, Hazardous Materials Division shall be contacted for further direction, which could include further investigation or remediation.
The final map shall note this and
during site preparation, demolition,
or construction in the Plan Area.
Project Applicant CDD Verify compliance with
mitigation measures and
applicable federal, State, and
local standards.
Mitigation Monitoring Program
Status Update November 2022
{CW117883.1}
CDD = Community Development Department DFG = California Department of Fish and Game PWD = Public Works Department
\\OPW-FS\COMMON\CITY COUNCIL FOLDER\CITY COUNCIL DRAFT REPORTS\2022\12-19-2022\9.5 - E F ST SP SWAINSONS' HAWK FORAGING HABITAT\ATTACHMENT 2_2022.12.01 MITIGATION MONITORING PROGRAM UPDATED TABLE (CW117883XDCB25).DOC 2 Preconstruction meeting pertinent to cultural resources - A qualified archaeologist shall be present at the preconstruction meeting to educate all construction workers for the Proposed Project on the identification of subsurface cultural resources. The preconstruction meeting shall be completed prior to the commencement of any earth work or other construction activities shall be provided to the City. Each contractor and all employees involved with earth moving activities to include, but not limited to grading, scraping, drilling, and trenching, shall be required to participate in this preconstruction meeting. If subsequent contractors are hired who did not participate in this preconstruction meeting they too shall be required by the City to meet independently with the qualified archaeological consultant to review and discuss potential archaeological resources and to review relevant materials so as to meet the spirit and the intent of this mitigation measure. They too shall provide verification to the City.
{CW117884.1}
(Oakdale Letterhead)
(date)
Rich DePonte
(address)
Subject: East F Street SP Swainson’s Hawk Foraging Habitat Mitigation Dear Mr. DePonte,
We have received your transmittal of the letter dated March 10,2022 from Diane Moore, Chief Biologist of Moore Biological Consultants, providing a Swainson’s Hawk Foraging habitat assessment.
In her letter, Ms. Moore determines that no suitable Hawk Foraging habitat remains in the balance of the Oakdale East F Specific Plan Area, and that no further compensatory habitat mitigation is warranted with future development.
We have prepared an updated status version of the East F SP Mitigation Monitoring and Reporting Plan reflecting this finding and have appended Ms. Moore’s letter to provide the evidence on which this determination has been made.
We attach a copy of the updated status version of the MMRP for your use and records.
Thank you for your continuing interest in the development of Oakdale and specifically the East F. area.
Yours,
Jeff Gravel
Public Services Director
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: December 19, 2022
To: Mayor and City Council
From: Albert Avila, Finance Director
Subject: Annexation of Territory to City of Oakdale Community Facilities District 2007-1 (Public Safety Services) Annexation No. 18 (Whispering Oaks)
I. BACKGROUND:
In 2007, the City established the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) (CFD No. 2007-1), for the purpose of establishing a special tax, paid by new residential property owners, to help off-set the additional costs of providing Public safety services to new residents.
II. DISCUSSION:
The proposed CFD No. 2007-1 Annexation No. 18 will provide funding for public safety including, fire services, law enforcement, code enforcement and animal control. Funding will also include the costs of personnel, equipment replacement, maintenance and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment. The property owner has voted to approve the annexation.
At the November 21, 2022 the Council adopted Resolution 2022-126 declaring the City’s intent to annex the territory into CFD 2007-1 and set the public hearing for tonight’s Council Meeting.
III. FISCAL IMPACT:
The maximum annual special tax rates for Fiscal Year 2022/23 are as follow; Single Family Residential – $611.92 per unit
Multi-Family Residential – $407.97 per unit
IV. RECOMMENDATION:
That the City Council:
1. Open the noticed Public Hearing for all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD 2007-1 (Public Safety Services) (“CFD No. 2007-1”), and the levy of special taxes within the area proposed to be annexed to CFD 2007-1 (Annexation No. 18) (Whispering Oaks); and, AGENDA ITEM 10.1
2. Close the Public Hearing following a full and fair hearing where all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD 2007-1 and the levy of special taxes within the areas proposed to be annexed have been heard (Annexation No. 18); and,
3. Adopt Resolution No. 2022-XXX ordering the Annexation of Additional Territory to City of Oakdale Community Facilities District No. 2007-1, Authorizing the levy of special taxes therein and submitting levy of special taxes to qualified electors (Annexation No. 18).
4. Adopt Resolution No. 2022-XXX Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings and Directing the Recording of an Amended Notice of Special Tax Lien for Community Facilities District 2007-1, Annexation No.
18. V. ATTACHMENTS:
Attachment A: Resolution 2021-XX ordering the Annexation of Additional Territory to City of Oakdale Community Facilities District No. 2007-1, the levy of special taxes therein and submitting levy of special taxes to qualified elector (Annexation No. 17).
Attachment B: A sample of the ballot prepared and mailed to the property owner for Annexation No. 17). The sample is to be attached to the Resolution as Exhibit A.
Attachment C: Draft Resolutions 2022-xxx , Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings and Directing the Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 18.
Attachment D: The Amended Notice of Special Tax Lien (Annexation No. 18).
Attachment E: Rate and Method of Apportionment for CFD 2007-1 is to be attached to the Amended Notice of Special Tax Lien (Annexation No. 18).
Attachment F: City of Oakdale Community Facilities District No. 2007-01 (Public Safety Services) Boundary Map (Annexation No.18).
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE OF
ANNEXATION OF TERRITORY TO THE CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES),
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN AND SUBMITTING
LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS
ANNEXATION NO. 18 (WHISPERING OAKS) APNs: 064-002-027, 064-002-035
THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF OAKDALE (THE “CITY”) DOES HEREBY RESOLVE THAT:
WHEREAS, the Council, on November 21, 2022, adopted Resolution No. 2022- 126 entitled, “A Resolution of the City Council of the City of Oakdale Declaring Intent to Annex Territory to the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) and to Authorize the Levy of Special Taxes Therein – Annexation No. 18” (the “Resolution of Intention”) stating its intention to annex territory to the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) (the ”District”), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code (the “Act”); and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed into the District and describing the services to be funded by the District, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on December 19, 2022 this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory into the District; and
WHEREAS, at the public hearing all interested persons were afforded the opportunity to hear and be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area annexed; and WHEREAS, Annexation Map No. 18 to the District has been filed with the County Recorder of the County of Stanislaus, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL AS FOLLOWS:
Section 1. Findings. The Council finds that:
(a) Recitals: The foregoing recitals are true and correct;
CITY OF OAKDALE
City Council Resolution 2022-
(b) No Majority Protest: The proposed special tax to be levied within the territory to be annexed has not been precluded by majority protest, pursuant to Section 53324 of the Act;
(c) Prior Proceedings Valid: All prior proceedings taken by the Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act; (d) Boundaries of the District: The boundaries of the territory to be annexed into the District, as described in Annexation Map No. 18 to the District is on file with the City Clerk and heretofore recorded on December 7th, 2022 in the Stanislaus County Recorder’s Office in Volume 6 at Page 69 of Maps of Assessment and Community Facilities Districts (Document No. 2022-0077204), are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed into the District, subject to voter approval of the levy of special taxes herein as hereinafter provided. (e) Issue Submitted: Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed into the District shall be submitted to the qualified electors of the area to be annexed into the District at an election called therefore as hereinafter provided;
(f) Qualified Electors: This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed into the District for each of the 90 days preceding the close of the public hearing held on December 19, 2022 heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that the qualified electors, for purposes of this annexation, are the sole landowners within the territory proposed to be annexed into the District and that the vote shall be by said landowners, having one vote for each acre or portion thereof said landowners own in the territory proposed to be annexed into the District; (g) Conduct of Election: This Council called a special election to consider the measure described in Section (f) above, which election was held immediately following adoption of Resolution No. 2022-xxx. The City Clerk was designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed into the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed into the District.
The voted ballot was returned to the City Clerk; and when the qualified electors returned such voted ballot, the election closed on December 19, 2022.
Pursuant to Section 53327 of the Act, the election was conducted by messenger or mail-delivered ballot pursuant to the California Elections Code. (h) Ballot: This Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the territory to be annexed, a ballot in the form set forth in Exhibit A, attached hereto;
CITY OF OAKDALE
City Council Resolution 2022-
The ballot was accompanied by all supplies and written instruction necessary for the use and return of the ballot. The envelope used to return the ballot was enclosed with the ballot, had the postage prepaid, and contained the following: (i) the name and address of the landowners, (ii) a declaration, under penalty of perjury, stating that the voters are the owners of record or the authorized representatives of the landowners entitled to vote and are the persons whose names appear on the envelope, (iii) the printed names, signatures and address of the voters, (iv) the date of signing and place of execution of the declaration pursuant to clause (ii) above, and (v) a notice that the envelope contains an official ballot and was opened only by the canvassing Council’s designated official as described in Section (g) above.
Analysis and arguments with respect to the ballot measure is hereby waived, as provided in Section 53327 of the Act.
(i) Receipt of Ballot: The City Clerk accepted the ballot of the qualified electors prior to the adoption of this Resolution, personally delivered or received via the U.S. Postal Service or Email. The City Clerk had available a ballot marked at said location on the Election Day by the qualified electors; (j) Waivers: This Council further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution to lapse before said special election is for the protection of the qualified electors of the territory to be annexed into the District. A petition and waiver executed by the qualified electors, and on file with the City Clerk, of the area to be annexed into the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election.
Accordingly, this Council finds and determines that the qualified electors have been fully appraised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have hereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election; and
(k) Effective Date: This Resolution shall take effect upon its adoption by the Council.
Section 2. Annexation. The Council declares that it authorizes the annexation of territory of Annexation No. 18 to the District.
Section 3. Authorization. The Council declares that it authorizes the levy of Special Taxes therein.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th day of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
CITY OF OAKDALE
City Council Resolution 2022-
SIGNED
Cherilyn Bairos, Mayor
City of Oakdale
ATTEST:
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-XX was adopted by the City Council of the City of Oakdale at a regular meeting held on the 19th day of December, 2022.
Rouze Roberts, City Clerk
City of Oakdale
OFFICIAL BALLOT
SPECIAL LANDOWNER ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST: 7 (7.848 acres)
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18
This official ballot is for a special landowner election. You must return this ballot prior to the close of the Public Hearing on Monday, December 19, 2022. You have two options for returning the ballot: firstly, you may mail it back to the office of the City Clerk of the City of Oakdale, located at 280 N. Third Avenue. If you choose this option, please be aware that the ballot must be received by Monday, December 19, 2022. Post marked envelopes received after that date cannot be accepted. Secondly, you may hand deliver the ballot, either to the office of the City Clerk, prior to 5:00 p.m. on Monday, December 19, 2022, or you may hand it in at the Public Hearing.
To cast your ballot properly, please sign and mark “X” on the line after the word “Yes” or after the word “No”.
Please make only one choice. All marks otherwise made are forbidden and shall render the ballot void. If you wrongly mark, tear or deface the ballot, return it to the City Clerk’s office and obtain a replacement.
APN(s): 064-002-027 & 064-002-035
Land Owner(s): Oakdale Real Estate Development
(Whispering Oaks) (Contact) Richard Vonalvensleben
Address: 14125 Capri Dr., Suite 5 14125 Capri Dr., Suite 5 Los Gatos, CA 95032 Los Gatos, CA 95032
Declaration of Authorization
The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this waiver.
Signature of Land Owner(s) (or authorized representative)
Printed Name
Date
BALLOT MEASURE: Shall the City of Oakdale be authorized to annually levy a special tax on taxable parcels within Community Facilities District No. 2007-1 (Public Safety Services), (the “District”) and specifically within the boundaries of Annexation No. 18, in accordance with the Rate and Method of Apportionment of Special Tax, as detailed in the “Resolution of Intention to Annex Territory” into the District - Annexation No. 18, and to Authorize the Annexation and Levy of Special Taxes Therein”, to be adopted by the City Council on December 19, 2022, to commence in Fiscal Year 2023/24 or later.
YES:
NO:
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE
DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS AND DIRECTING THE RECORDING OF AN
AMENDED NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 2007-1 (ANNEXATION NO. 18) (APNs: 064-002-027, 064-002-035) THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF OAKDALE (THE “CITY”) DOES HEREBY RESOLVE THAT:
WHEREAS, in proceedings conducted by this Council pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), , on the date hereof, this Council adopted a resolution titled “Resolution of the City Council of the City of Oakdale of Annexation of Territory to the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) (the “District”), Authorizing the Levy of Special Taxes and Submitting Levy of Special Taxes to Qualified Elector(s) – Annexation No. 18 (the Resolution of Annexation”), which called for a special election of the qualified elector(s) within the territory of land proposed to be annexed to the District; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A; and.
WHEREAS, this Council has reviewed said canvass and hereby approves it.
NOW, THEREFORE, IT IS ORDERED as follows:
1. Issues Presented: The issue presented at the special election was the levy of special taxes within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Council, all as described in Resolution No. 2022-126, titled “A Resolution of the City Council of the City of Oakdale of Intention to Annex Territory into the City of Oakdale’s Community Facilities District No. 2007-1 (Public Safety Services) and to Authorize the Levy of Special Taxes Therein – Annexation No. 17.”
2. Canvass and Issues Approved: Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the sole landowner of the territory annexed into the District at the special election.
CITY OF OAKDALE
City Council Resolution 2022-
3. Proceedings Approved: Pursuant to voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District, and this Council may levy special taxes therein as heretofore provided in these proceedings.
4. Prior Proceedings Valid: It is hereby found that all prior proceedings and actions taken by this Council, with respect to the District and territory annexed thereto, were valid and in conformance with the Act.
5. Amended Notice of Special Tax Lien: Within 15 days of the date of the adoption of this Resolution, the City Clerk shall execute and cause to be recorded in the Office of the County Recorder of Stanislaus County, a Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.
6. Effective Date: This Resolution shall take effect upon its adoption by the Council.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th day of December, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED
Cherilyn Bairos, Mayor
City of Oakdale
ATTEST:
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-XX was adopted by the City Council of the City of Oakdale at a regular meeting held on the 19th day of December, 2022.
Rouze Roberts, City Clerk
City of Oakdale
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18 (WHISPERING OAKDS)
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Oakdale, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Oakdale, County of Stanislaus, State of California. The special tax secured by this lien is authorized to be levied for the purpose of providing for public safety services including, fire services, law enforcement, code enforcement and animal control. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment.
The special tax is authorized to be levied within Community Facilities District No. 2007-1, Annexation No. 18, (Public Safety Services) that has been officially formed and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special tax is as follows:
(please refer to the attached Rate and Method of Apportionment, as taken from the Resolution of Formation, City of Oakdale Community Facilities District No. 2007-1, Annexation No. 18, (Public Safety Services)). Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: The Special Tax may not be prepaid.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within City of Oakdale Community Facilities District No. 2007-1, Annexation No. 18, (Public Safety Services) in accordance with Section 3115.5 of the Streets and Highways Code.
The name of the owner and the assessor's tax parcel numbers of the real property included within this community facilities district and not exempt from the special tax are as follows:
OAKDALE REAL ESTATTE DEVELOPMENT
APNS: 064-002-027, 064-002-035
Reference is made to the amended boundary map of the community facilities district recorded at Volume 6 of Maps of Assessment and Community Facilities Districts at Page 96, in the office of the County Recorder for the County of Stanislaus, State of California which map is now the final boundary map of the community facilities district.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Department of the City of Oakdale, 280 N. Third Avenue, 95361, (209) 845-3570.
Attest:
_______________________________________
Rouze Roberts: City Clerk, City of Oakdale
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax applicable to each Assessor Parcel in the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services) shall be levied and collected according to the tax liability determined by the City of Oakdale or its designee, through the application of this rate and method of apportionment of Special Tax. All of the property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless otherwise provided for the annexed property.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor Parcel as shown on an Assessor Parcel map, or of the land area is not shown on an Assessor Parcel map, the land area shown on the applicable Final Map or other parcel map recorded with the County.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of the Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following, the expenses of the City in carrying out its duties for the CFD, including, but not limited to, the levy and collection of the Special Tax, the fees and expenses of its counsel, and other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” shall mean the person or firm designated by the City to administer the Special Tax according to the Rate and Method.
“Assessor Parcel” means a lot or parcel with an assigned County Assessor’s Parcel number show on a County Assessor’s Parcel Map.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Average Increase” means the annual average increase in the Indices that shall be applied to escalate the Maximum Special Tax each Fiscal Year. The Average Increase shall be calculated in January of each year by (1) referencing the Bureau of Labor Statistics Data to identify the annual percentage increase in each Index as of the end of the prior year, and (2) taking the average of these two percentages. If either Index decreases from one year to the next, percentage change from the prior year shall be assumed to be zero for purposes of calculating the Average Increase. “CFD” means the City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services). “CFD Formation” means May 7, 2007, the date the owners of Assessor Parcels in the CFD elected to form the CFD.
“City” means the City of Oakdale.
“City Council” means the council of the City of Oakdale, acting as the legislative body of the CFD. “County” means the County of Stanislaus.
“Developed Property” means all Taxable Property in the CFD for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. “Fiscal Year” means the period starting July 1 and ending on the following June 30. ”Index or Indices” means the Consumer Price Index for the San Francisco All Urban Wage Earners Category and the National Consumer Price Index.
“Maximum Special Tax” means the greatest amount of Special Tax that can be levied in any Fiscal Year determined under this Rate and Method.
“Multi-Family Residential Property” means any Developed Property for which a building permit was issued for construction of a Unit that is not a Single Family Residential Property. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor Parcels of Developed Property.
“Public Property” means any CFD Assessor Parcels owned by or irrevocably offered for dedication to the United States of America, the State of California, the County, the City, or other local government or public agencies.
“Rate and Method” means this rate and method of apportionment of Special Tax. “Services” means the public safety services authorized to be financed, in whole or in part, by the Special Taxes in the CFD.
“Single Family Residential Property” means any Developed Property for which a building permit was issued for construction of a Unit without a common wall with another Unit and built on an Assessor Parcel of 3,000 square feet or more in area.
“Special Tax” means any tax levied in the CFD pursuant to the Rate and Method. “Special Tax Requirement” means the amount necessary in any Fiscal Year to: (i) pay the cost of the Services, (ii) create a sinking fund for services that could not otherwise be funded in a given Fiscal Year, (iii) cure any delinquencies in the payment of Special Taxes, which have occurred in the prior Fiscal Year or, based on existing delinquencies in the payment of Special Taxes, are expected to occur in the Fiscal Year in which the tax will be collected; and (iv) pay Administrative Expenses. “Taxable Property” means any Assessor Parcel within the CFD which is not exempt from the Special Tax by applicable law or Section F below.
“Unit” means a structure constructed primarily for human habitation, which may be an individual detached residential unit, an individual attached residential unit within a duplex, triplex, fourplex, townhome, or condominium structure, or an individual apartment unit.
SECTION B
DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor Parcel numbers of all Taxable Property. The Administrator shall also determine: (i) whether each Assessor Parcel is Developed Property; (ii) for Developed Property, which Assessor Parcels are Single Family Residential Property and Multi-Family Residential Property and (iii) the Special Tax Requirement.
SECTION C
MAXIMUM SPECIAL TAX
1. Special Tax Rates
Table 1 below identifies the Maximum Special Taxes for Taxable Property within the CFD.
TABLE 1
MAXIMUM SPECIAL TAXES
FISCAL YEAR 2007/08
Type of Property Maximum Special Tax
Fiscal Year 2007-08
Single Family Residential $414 per Unit
Multi-Family Residential $276 per Unit
2. Special Tax Increases
In January 2008, and each January thereafter, all figures shown in Table 1 above shall be adjusted by applying the Average Increase, if any, in the Indices. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1.
SECTION D
METHOD OF LEVY
Each Fiscal Year, the Special Tax shall be levied on all Parcels of Developed Property according to the steps outlined below.
Step 1: Determine the Special Tax Requirement, as defined in Section A above, for the Fiscal Year in which the Special Tax will be collected;
Step 2: Calculate the total Special Tax revenues that could be collected from Developed Property within the CFD based on application of the Maximum Special Tax rates determined pursuant to Section C above;
Step 3: If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax on all Parcels of Developed Property in the CFD.
Step 4: If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax Proportionately on each Assessor Parcel of Developed Property so the amount of the Special Tax levy equals the Special Tax Requirement for that Fiscal Year.
SECTION E
COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may collect delinquent Special Taxes through foreclosure or other means.
A Special Tax shall continue to be levied and collected within the CFD to fund the annual Special Tax Requirement in perpetuity.
SECTION F
EXEMPTIONS
Notwithstanding any other provision of this Rate and Method, no Special Tax shall be levied on Public Property, except as otherwise provided in the Act.
SECTION G
FORMULA FOR THE PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.
SECTION H
INTERPRETATION
The Administrator may interpret this Rate and Method as necessary to clarify any inconsistency, vagueness, or ambiguity.
SECTION I
APPEALS
Appeals of any claim of incorrect computation of Special Tax or application of this Rate and Method may be made by the owner of an Assessor Parcel or such owner’s duly-authorized representative by filing a written notice of appeal with the Administrator not later than on calendar year after having paid the disputed Special Tax. The Administrator shall promptly review the appeal and if necessary, meet with the property owner (or representative), consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator’s decision, the owner may then file a written appeal with the Council, whose decision shall be final. If the decision of the Administrator or the Council requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Tax levies, but an adjustment shall be made to the next Special Tax levy(ies) as appropriate. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: December 19, 2022
To: Mayor and City Council
From: Albert Avila, Finance Director
Subject: Annexation of Territory to City of Oakdale Community Facilities District 2015-1 (Maintenance Services) Annexation No. 6 (Estates at Tesoro) (Modified) I. BACKGROUND:
In August 2015, the City established the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (CFD No. 2015-01), for the purpose of establishing a special tax, paid by property owners, to help off-set the additional costs of providing services related to the maintenance of streets, street lights, drainage facilities, the treatment of storm water run-off, and landscaping.
II. DISCUSSION:
The proposed CFD No. 2015-01 Annexation will provide funding for the services mentioned above. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment.
The property owners of this annexation Oak Leaf Meadows have submitted an application to be annexed.
At the November 21, 2022 the Council adopted Resolution 2022-127) declaring the City’s intent to modify annexation of CFD 2015-1 Annexation No.6 and set the public hearing for tonight’s Council Meeting.
III. FISCAL IMPACT:
The maximum annual special tax rates for fiscal year 2023/24 are as follows:
Single Family Residential – $450.27 per unit ($37.52 per month) IV. RECOMMENDATION:
That the City Council:
1. Open the noticed Public Hearing for all interested persons desiring to be heard on all matters pertaining to the modification of CFD 2015-1 (Maintenance Services) (“CFD AGENDA ITEM 10.2
No. 2015-1”) annexation No. 6, (Estates at Tesoro) and the levy of special taxes within the area.
2. Close the Public Hearing following a full and fair hearing where all interested persons desiring to be heard on all matters pertaining to the modification to CFD 2015-1 (Annexation No. 6) and the levy of special taxes within the area.
3. Adopt Resolution No. 2022-XXX ordering the modification of Community Facilities District No. 2015-1 (Annexation No. 6), Authorizing the levy of special taxes therein and submitting levy of special taxes to qualified electors.
4. Adopt Resolution No. 2022-XXX Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings and Directing the Recording of an Amended Notice of Special Tax Lien for Community Facilities District 2015-1, Annexation No. 6 V. ATTACHMENTS:
Attachment A: Draft Resolutions 2022-xxx Modifying Annexation No. 6 (Estates at Tesoro) of the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Authorizing the Levy of special taxes therein and submitting the levy of special taxes to qualified electors.
Attachment B: A Sample of the ballot prepared and mailed to the property owner for Annexation No. 6. The sample is to be attached to each appropriate Resolution as Exhibit A.
Attachment C: Draft Resolutions 2022-xxx, Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings and Directing the Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 6.
Attachment D: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Maintenance Cost.
Attachment E: The Amended Notice of Special Tax Lien City of Oakdale Community Facilities District 2015-01 (Annexation No. 6).
Attachment F: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Boundary Map (Annexation No.6).
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE OF MODIFYING ANNEXATION NO. 6 (ESTATES AT TESORO) OF THE CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2015-01 (MAINTENANCE
SERVICES), AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN AND
SUBMITTING LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS
THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF OAKDALE (THE “CITY”) DOES HEREBY RESOLVE THAT:
WHEREAS, the Council, on November 21st 2022, adopted Resolution No. 2022- 127 entitled, “A Resolution of the City Council of the City of Oakdale Declaring Intent to modify Annexation No 6 of the City of Oakdale Community Facilities District No. 2015- 01 (Maintenance Services) and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention”) stating its intention to modify Annexation No.6 of the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (the ”District”), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code (the “Act”); and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed into the District, and describing the services to be funded by the District, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on December 19th, 2022 this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed modification of Annexation No. 6 in the District; and
WHEREAS, at the public hearing all interested persons were afforded the opportunity to hear and be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area annexed; and WHEREAS, Annexation Map No. 6 to the District has been filed with the County Recorder of the County of Stanislaus, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL AS FOLLOWS:
Section 1. Findings. The Council finds that:
(a) Recitals: The foregoing recitals are true and correct;
CITY OF OAKDALE
City Council Resolution 2022-____
(b) No Majority Protest: The proposed special tax to be levied within the territory to be annexed has not been precluded by majority protest, pursuant to Section 53324 of the Act;
(c) Prior Proceedings Valid: All prior proceedings taken by the Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act; (d) Boundaries of the District: The boundaries of the territory, as described in Annexation Map No. 6 of the District is on file with the City Clerk and heretofore recorded on April 6th, 2022 in the Stanislaus County Recorder’s Office in Volume 6 at
2022-0025337), are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed into the District, subject to voter approval of the levy of special taxes herein as hereinafter provided.
(e) Issue Submitted: Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory of Annexation No.6 of the District shall be submitted to the qualified electors of the area of the District at an election called therefore as hereinafter provided;
(f) Qualified Electors: This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed into the District for each of the 90 days preceding the close of the public hearing held on December 19th, 2022 heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that the qualified electors, for purposes of this modification, are the sole landowners within the territory of Annexation No.6 of the District and that the vote shall be by said landowners, having one vote for each acre or portion thereof said landowners own in the territory proposed to be annexed into the District; (g) Conduct of Election: This Council called a special election to consider the measure described in Section (f) above, which election was held immediately following adoption of Resolution No. 2022-xxx. The City Clerk was designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of Annexation No.6 of the territory in the District, and a sufficient description to allow the City Clerk to determine the boundaries of Annexation No.6 of the District.
The voted ballot was returned to the City Clerk; and when the qualified electors returned such voted ballot, the election closed on December 19th 2022.
Pursuant to Section 53327 of the Act, the election was conducted by messenger or mail-delivered ballot pursuant to the California Elections Code. (h) Ballot: This Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the territory to be annexed, a ballot in the form set forth in Exhibit A, attached hereto;
CITY OF OAKDALE
City Council Resolution 2022-____
The ballot was accompanied by all supplies and written instruction necessary for the use and return of the ballot. The envelope used to return the ballot was enclosed with the ballot, had the postage prepaid, and contained the following: (i) the name and address of the landowners, (ii) a declaration, under penalty of perjury, stating that the voters are the owners of record or the authorized representatives of the landowners entitled to vote and are the persons whose names appear on the envelope, (iii) the printed names, signatures and address of the voters, (iv) the date of signing and place of execution of the declaration pursuant to clause (ii) above, and (v) a notice that the envelope contains an official ballot and was opened only by the canvassing Council’s designated official as described in Section (g) above.
Analysis and arguments with respect to the ballot measure is hereby waived, as provided in Section 53327 of the Act.
(i) Receipt of Ballot: The City Clerk accepted the ballot of the qualified electors prior to the adoption of this Resolution, personally delivered or received via the U.S. Postal Service or Email. The City Clerk had available a ballot marked at said location on the Election Day by the qualified electors; (j) Waivers: This Council further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution to lapse before said special election is for the protection of the qualified electors of the territory of Annexation No.6 of the District. A petition and waiver executed by the qualified electors, and on file with the City Clerk, of the area of Annexation No.6 of the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully appraised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have hereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election; and (k) Effective Date: This Resolution shall take effect upon its adoption by the Council.
Section 2. Annexation. The Council declares that it authorizes the modification of Annexation No. 6 of the District.
Section 3. Authorization. The Council declares that it authorizes the levy of Special Taxes therein.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th day of December, 2022 by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
CITY OF OAKDALE
City Council Resolution 2022-____
SIGNED:
Cherilyn Bairos, Mayor
ATTEST: City of Oakdale
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-XX was adopted by the City Council of the City of Oakdale at a regular meeting held on the 19th day of December, 2022.
Rouze Roberts, City Clerk
City of Oakdale
OFFICIAL BALLOT
SPECIAL LANDOWNER ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST: 36 (36 acres)
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(MAINTENANCE SERVICES)
ANNEXATION NO. 6 (Amended)
This official ballot is for a special landowner election. You must return this ballot prior to the close of the Public Hearing on Monday, December 19, 2022. You have two options for returning the ballot: firstly, you may mail it back to the office of the City Clerk of the City of Oakdale, located at 280 N. Third Avenue. If you choose this option, please be aware that the ballot must be received by Monday, December 19, 2022. Post marked envelopes received after that date cannot be accepted. Secondly, you may hand deliver the ballot, either to the office of the City Clerk, prior to 5:00 p.m. on Monday, December 19, 2021, or you may hand it in at the Public Hearing.
To cast your ballot properly, please sign and mark “X” on the line after the word “Yes” or after the word “No”.
Please make only one choice. All marks otherwise made are forbidden and shall render the ballot void. If you wrongly mark, tear or deface the ballot, return it to the City Clerk’s office and obtain a replacement.
APN(s): 064-012-015,064-012-013,064-013-009
Land Owner(s): Tesoro Homes, Inc (Contact) Rich DePonte Address: P.O. Box 2120 P.O. Box 2120
Oakdale, CA 95361 Oakdale, CA 95361
Declaration of Authorization
The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this waiver.
Signature of Land Owner(s) (or authorized representative) Printed Name
Date
BALLOT MEASURE: Shall the City of Oakdale be authorized to annually levy a special tax on taxable parcels within Community Facilities District No. 2015-1 (Maintenance Services), (the “District”) and specifically within the boundaries of Annexation No. 6, in accordance with the Rate and Method of Apportionment of Special Tax, as detailed in the “Resolution of Intention to Annex Territory” into the District - Annexation No. 6, and to Authorize the Annexation and Levy of Special Taxes Therein”, to be adopted by the City Council on May 2, 2022, to commence in Fiscal Year 2022/23 or later.
YES:
NO:
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE
DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN – MODIFYING ANNEXATION NO. 6 (ESTATES AT TESORO)
THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF OAKDALE (THE “CITY”) DOES HEREBY RESOLVE THAT:
WHEREAS, in proceedings conducted by this Council pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), , on the date hereof, this Council adopted a resolution titled “Resolution of the City Council of the City of Oakdale of Annexation of Territory to the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (the “District”), Authorizing the Levy of Special Taxes and Submitting Levy of Special Taxes to Qualified Elector(s) – Annexation No. 6” (the Resolution of Annexation”), which called for a special election of the qualified elector(s) within the territory of land proposed to be annexed to the District; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A; and.
WHEREAS, this Council has reviewed said canvass and hereby approves it.
NOW, THEREFORE, IT IS ORDERED as follows:
1. Issues Presented: The issue presented at the special election was the levy of special taxes within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Council, all as described in Resolution No. 2022-127, titled “A Resolution of the City Council of the City of Oakdale of Intention to Modify Annexation No.6 to the City of Oakdale’s Community Facilities District No. 2015- 01 (Maintenance Services) and to Authorize the Levy of Special Taxes Therein.”
2. Canvass and Issues Approved: Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the sole landowner of the territory of Annexation No. 6 of the District at the special election.
3. Proceedings Approved: Pursuant to voter approval, the modification to the assessment is hereby declared to be approved and part of the District, and this Council may levy special taxes therein as heretofore provided in these proceedings.
4. Prior Proceedings Valid: It is hereby found that all prior proceedings and actions taken by this Council, with respect to the District and territory of Annexation No. 6, were valid and in conformance with the Act.
CITY OF OAKDALE
City Council Resolution 2022-____
5. Amended Notice of Special Tax Lien: Within 15 days of the date of the adoption of this Resolution, the City Clerk shall execute and cause to be recorded in the Office of the County Recorder of Stanislaus County, aa Amendment to the Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.
6. Effective Date: This Resolution shall take effect upon its adoption by the Council.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th day of December, 2022 by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
SIGNED:
Cherilyn Bairos, Mayor
City of Oakdale
ATTEST:
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-XX was adopted by the City Council of the City of Oakdale at a regular meeting held on the 19th day of December, 2022.
Rouze Roberts, City Clerk
City of Oakdale
CFD MAINTENANCE COSTS Estates at Tesoro
SURFACE IMPROVEMENTS: D Street Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostAC Paving 30,517 SF Crack Seal 3 $0.02 $610.34 14 $8,544.76 Surry Seal 6 $0.35 $10,680.95 6 $64,085.70Overlay 24 $1.50 $45,775.50 1 $45,775.50Remove & Replace 48 $6.00 $183,102.00 1 $183,102.00 $301,507.96 $6,281.42 Curb & Gutter 1,533 LF Spot Repair 9 5% $2,299.71 4 $9,198.84 Remove & Replace 48 $30.00 $45,994.20 1 $45,994.20 $55,193.04 $1,149.86 Sidewalks 7,666 SF Spot Repair 9 5% $2,683.00 4 $10,731.98 Remove & Replace 48 $7.00 $53,659.90 1 $53,659.90 $64,391.88 $1,341.50 Ramps 3 EA Remove & Replace 24 $3,000.00 $9,000.00 2 $18,000.00 $18,000.00 $750.00Street Lights 9 EA Replace Bulb 12 $500.00 $4,500.00 3 $13,500.00 Remove & Replace 48 $5,000.00 $45,000.00 1 $45,000.00 $58,500.00 $1,218.75 SUBTOTAL $497,592.88 $10,741.52
STORM DRAIN: D Street Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostManholes 4 EA Grout joints 8 $400.00 $1,600.00 5 $8,000.00 Remove & Replace 48 $5,000.00 $20,000.00 1 $20,000.00 $28,000.00 $583.33 Catch Basins 2 EA Grout joints 8 $400.00 $800.00 5 $4,000.00 Remove & Replace 48 $3,500.00 $7,000.00 1 $7,000.00 $11,000.00 $229.17 12" Lateral Pipe 69 LF Remove & Replace 96 $50.00 $3,450.00 1 $3,450.00 $3,450.00 $35.9424" to 30" Storm Pipe 775 LF Remove & Replace 96 $120.00 $93,000.00 1 $93,000.00 $93,000.00 $968.75 SUBTOTAL $135,450.00 $1,817.19
STORM DRAIN: Internal Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost Cost Manholes 5 EA Grout joints 8 $400.00 $2,000.00 5 $10,000.00 Remove & Replace 48 $5,000.00 $25,000.00 1 $25,000.00 $35,000.00 $729.17 Catch Basins 17 EA Grout joints 8 $400.00 $6,800.00 5 $34,000.00 Remove & Replace 48 $3,500.00 $59,500.00 1 $59,500.00 $93,500.00 $1,947.92 12" Storm Pipe 626 LF Remove & Replace 96 $50.00 $31,300.00 1 $31,300.00 $31,300.00 $326.04 18" Storm Pipe 1,104 LF Remove & Replace 96 $65.00 $71,760.00 1 $71,760.00 $71,760.00 $747.50 24" Storm Pipe 140 LF Remove & Replace 96 $70.00 $9,800.00 1 $9,800.00 $9,800.00 $102.08 SUBTOTAL $241,360.00 $3,852.71
The purpose of these calculations are to establish the annual cost to maintain the facilities that will be in the CFD for this project. It includes half of the pavement (from centerline to lip of gutter) and frontage improvements (sidewalk, curb & gutter) on D Street fronting the property, a fair share of median landscaping on D Street, all of the storm drain catch basins and laterals and half of the manholes and storm drain line in D Street fronting the property, a fair share of the storm drain trunk line, and all other storm drain improvements proposed with this project. The proposed storm basin expansion (including horizontal drain) and landscaping on the D Street frontage will be maintained by the Prepared by City Engineer 11/16/2022 1 of 2
CFD MAINTENANCE COSTS Estates at Tesoro
STORM DRAIN: Trunk Main Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostManholes 5 EA Grout joints 8 $400.00 $2,000.00 5 $10,000.00 Remove & Replace 48 $5,000.00 $25,000.00 1 $25,000.00 $35,000.00 $729.17 30" to 36" Storm Pipe 1,413 LF Remove & Replace 96 $120.00 $169,560.00 1 $169,560.00 $169,560.00 $1,766.25 SUBTOTAL $204,560.00 $2,495.42
79.1% USE OF TRUNK MAIN $161,727.15 $1,972.90
OPERATING COSTS Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostD Street 0.29 mi. Street Sweeping 1 $25.00 $7.26 1 n/a n/a $7.26 Street Lights 9 EA Electrical Costs 1 $120.00 $1,080.00 1 n/a n/a $1,080.00 Storm Drain Manholes 4 EA Clean out debris 1 $100.00 $400.00 1 n/a n/a $400.00Catch Basins 2 EA Clean out debris 1 $100.00 $200.00 1 n/a n/a $200.0012" Lateral Pipe 69 LF Clean out debris 1 $1.50 $103.50 1 n/a n/a $103.50 24" to 30" Storm Pipe 775 LF Clean out debris 1 $1.50 $1,162.50 1 n/a n/a $1,162.50 Landscaping ‐ Median 8,630 SF Landscape Maintenance 1 $0.15 $1,294.44 1 n/a n/a $1,294.44Irrigation ‐ Median 8,630 SF Irrigation Costs 1 $0.10 $862.96 1 n/a n/a $862.96 Internal Storm Drain
Storm Drain Manholes 5 EA Clean out debris 1 $100.00 $500.00 1 n/a n/a $500.00Catch Basins 17 EA Clean out debris 1 $100.00 $1,700.00 1 n/a n/a $1,700.0012" Lateral Pipe 626 LF Clean out debris 1 $1.50 $939.00 1 n/a n/a $939.00 18" Storm Pipe 1,104 LF Clean out debris 1 $1.50 $1,656.00 1 n/a n/a $1,656.00 24" Storm Pipe 140 LF Clean out debris 1 $1.50 $210.00 1 n/a n/a $210.00 Storm Drain Trunk Main
Storm Drain Manholes 5 EA Clean out debris 1 $100.00 $500.00 79% n/a n/a $395.30 30" to 36" Storm Pipe 1,413 LF Clean out debris 1 $1.50 $2,119.50 79% n/a n/a $1,675.70 Annual Administration 1 EA 1 $5,000.00 $5,000.00 1 n/a n/a $5,000.00 SUBTOTAL $17,186.66
TOTAL ANNUAL ASSESSMENT: $35,570.98
Number or Residential Units: 79
Annual Assessment Per Unit: $450.27
Monthly Assessment Per Unit: $37.52
Prepared by City Engineer 11/16/2022 2 of 2
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2015-01 (MAINTENANCE SERVICES)
ANNEXATION NO. 6 (ESTATES AT TESORO)
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Oakdale, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Oakdale, County of Stanislaus, State of California. The special tax secured by this lien is authorized to be levied for the purpose of providing for public safety services including, fire services, law enforcement, code enforcement and animal control. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment.
The special tax is authorized to be levied within Community Facilities District No. 2015-01 (Maintenance Services) that has been officially formed and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special tax is as follows: (please refer to the attached Rate and Method of Apportionment, as taken from the resolution of formation, of City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services)).
Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: the Special Tax may not be prepaid.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) in accordance with Section 3115.5 of the Streets and Highways Code.
The name of the owner and the assessor's tax parcel numbers of the real property included within this community facilities district and not exempt from the special tax are as follows:
Tesoro Homes – APN(s): 064-012-015, 064-012-013, 064-013-009 Reference is made to the amended boundary map of the community facilities district recorded at Volume 6 of Maps of Assessment and Community Facilities Districts at Page 46, in the office of the County Recorder for the County of Stanislaus, State of California which map is now the final boundary map of the community facilities district.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Department of the City of Oakdale, 280 N. Third Avenue, 95361, (209) 845-3570.
Attest:
_______________________________________
Rouze Roberts: City Clerk, City of Oakdale
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: December 19, 2022
To: Mayor and City Council
From: Albert Avila, Finance Director
Subject: Annexation of Territory to City of Oakdale Community Facilities District 2015-1 (Maintenance Services) Annexation No. 7 (Carmel Ranch) (Modified) I. BACKGROUND:
In August 2015, the City established the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (CFD No. 2015-01), for the purpose of establishing a special tax, paid by property owners, to help off-set the additional costs of providing services related to the maintenance of streets, street lights, drainage facilities, the treatment of storm water run-off, and landscaping.
II. DISCUSSION:
The proposed CFD No. 2015-01 Annexation will provide funding for the services mentioned above. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment.
The property owners of this annexation have submitted an application to be annexed.
At the November 21, 2022 the Council adopted Resolution 2022-128) declaring the City’s intent to modify annexation of CFD 2015-1 Annexation No.7 and set the public hearing for tonight’s Council Meeting.
III. FISCAL IMPACT:
The maximum annual special tax rates for fiscal year 2023/24 are as follows:
Single Family Residential – $381.34 per unit ($31.780 per month) IV. RECOMMENDATION:
That the City Council:
1. Open the noticed Public Hearing for all interested persons desiring to be heard on all matters pertaining to the modification of CFD 2015-1 (Maintenance Services) (“CFD AGENDA ITEM 10.3
No. 2015-1”) (Annexation No. 7) (Carmel Ranch) and the levy of special taxes within the area.
2. Close the Public Hearing following a full and fair hearing where all interested persons desiring to be heard on all matters pertaining to the modification to CFD 2015-1 (Annexation No. 7) and the levy of special taxes within the area.
3. Adopt Resolution No. 2022-XXX ordering the modification to City of Oakdale Community Facilities District No. 2015-1 (Annexation No. 7)., Authorizing the levy of special taxes therein and submitting levy of special taxes to qualified electors.
4. Adopt Resolution No. 2022-XXX Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings and Directing the Recording of an Amended Notice of Special Tax Lien for Community Facilities District 2015-1, Annexation No. 7 V. ATTACHMENTS:
Attachment A: Draft Resolutions 2022-xxx Modifying Annexation No. 7 (Carmel Ranch) of the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Authorizing the Levy of special taxes therein and submitting the levy of special taxes to qualified electors.
Attachment B: A Sample of the ballot prepared and mailed to the property owner for Annexation No. 7. The sample is to be attached to each appropriate Resolution as Exhibit A.
Attachment C: Draft Resolutions 2022-xxx, Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings and Directing the Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 7.
Attachment D: The Amended Notice of Special Tax Lien City of Oakdale Community Facilities District 2015-01 (Annexation No. 7).
Attachment E: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Maintenance Cost.
Attachment F: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Boundary Map (Annexation No.7).
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE OF MODIFYING ANNEXATION NO. 7 (CARMEL RANCH) OF THE CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2015-01 (MAINTENANCE
SERVICES), AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN AND
SUBMITTING LEVY OF SPECIAL TAXES TO QUALIFIED ELECTORS
THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF OAKDALE (THE “CITY”) DOES HEREBY RESOLVE THAT:
WHEREAS, the Council, on November 21st, 2022, adopted Resolution No. 2022- 128 entitled, “A Resolution of the City Council of the City of Oakdale Declaring Intent to Modify Annexation No.7 of the City of Oakdale Community Facilities District No. 2015- 01 (Maintenance Services) and to Authorize the Levy of Special Taxes Therein – (the “Resolution of Intention”) stating its intention to modify Annexation No.7 of the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (the ”District”), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code (the “Act”); and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed into the District, and describing the services to be funded by the District, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on December 19th, 2022 this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed modification of Annexation No. 7 in the District; and
WHEREAS, at the public hearing all interested persons were afforded the opportunity to hear and be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area annexed; and WHEREAS, Annexation Map No. 7 to the District has been filed with the County Recorder of the County of Stanislaus, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL AS FOLLOWS:
Section 1. Findings. The Council finds that:
(a) Recitals: The foregoing recitals are true and correct;
CITY OF OAKDALE
City Council Resolution 2022-____
(b) No Majority Protest: The proposed special tax to be levied within the territory to be annexed has not been precluded by majority protest, pursuant to Section 53324 of the Act;
(c) Prior Proceedings Valid: All prior proceedings taken by the Council with respect to the District and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act; (d) Boundaries of the District: The boundaries of the territory, as described in Annexation Map No. 7 of the District is on file with the City Clerk and heretofore recorded on April 6th, 2022 in the Stanislaus County Recorder’s Office in Volume 6 at
2022-0025338), are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed into the District, subject to voter approval of the levy of special taxes herein as hereinafter provided.
(e) Issue Submitted: Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory of Annexation No. 7 of the District shall be submitted to the qualified electors of the area at an election called therefore as hereinafter provided;
(f) Qualified Electors: This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed into the District for each of the 90 days preceding the close of the public hearing held on December 19th, 2022 heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that the qualified electors, for purposes of this modification, are the sole landowners within the territory of Annexation No.7 of the District and that the vote shall be by said landowners, having one vote for each acre or portion thereof said landowners own in the territory proposed to be annexed into the District; (g) Conduct of Election: This Council called a special election to consider the measure described in Section (f) above, which election was held immediately following adoption of Resolution No. 2022-xxx. The City Clerk was designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the boundaries of Annexation No.7 the territory in the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory of Annexation No.7 of the District.
The voted ballot was returned to the City Clerk; and when the qualified electors returned such voted ballot, the election closed on December 19th, 2022.
Pursuant to Section 53327 of the Act, the election was conducted by messenger or mail-delivered ballot pursuant to the California Elections Code. (h) Ballot: This Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the territory to be annexed, a ballot in the form set forth in Exhibit A, attached hereto;
CITY OF OAKDALE
City Council Resolution 2022-____
The ballot was accompanied by all supplies and written instruction necessary for the use and return of the ballot. The envelope used to return the ballot was enclosed with the ballot, had the postage prepaid, and contained the following: (i) the name and address of the landowners, (ii) a declaration, under penalty of perjury, stating that the voters are the owners of record or the authorized representatives of the landowners entitled to vote and are the persons whose names appear on the envelope, (iii) the printed names, signatures and address of the voters, (iv) the date of signing and place of execution of the declaration pursuant to clause (ii) above, and (v) a notice that the envelope contains an official ballot and was opened only by the canvassing Council’s designated official as described in Section (g) above.
Analysis and arguments with respect to the ballot measure is hereby waived, as provided in Section 53327 of the Act.
(i) Receipt of Ballot: The City Clerk accepted the ballot of the qualified electors prior to the adoption of this Resolution, personally delivered or received via the U.S. Postal Service or Email. The City Clerk had available a ballot marked at said location on the Election Day by the qualified electors; (j) Waivers: This Council further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution to lapse before said special election is for the protection of the qualified electors of the territory of Annexation No. 7 of the District. A petition and waiver executed by the qualified electors, and on file with the City Clerk, of the area of Annexation No. 7 of the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully appraised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have hereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election; and (k) Effective Date: This Resolution shall take effect upon its adoption by the Council.
Section 2. Annexation. The Council declares that it authorizes the modification annexation of territory of Annexation No. 7 to the District.
Section 3. Authorization. The Council declares that it authorizes the levy of Special Taxes therein.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th day of December, 2022 by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED:COUNCIL MEMBERS: ( )
CITY OF OAKDALE
City Council Resolution 2022-____
SIGNED:
Cherilyn Bairos, Mayor
ATTEST: City of Oakdale
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-XX was adopted by the City Council of the City of Oakdale at a regular meeting held on the 2nd day of May, 2022.
Rouze Roberts, City Clerk
City of Oakdale
OFFICIAL BALLOT
SPECIAL LANDOWNER ELECTION
NUMBER OF VOTES ENTITLED TO BE CAST: 18 (36 acres)
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(MAINTENANCE SERVICES)
ANNEXATION NO. 7 (Amended)
This official ballot is for a special landowner election. You must return this ballot prior to the close of the Public Hearing on Monday, December 19, 2022. You have two options for returning the ballot: firstly, you may mail it back to the office of the City Clerk of the City of Oakdale, located at 280 N. Third Avenue. If you choose this option, please be aware that the ballot must be received by Monday, December 19, 2022. Post marked envelopes received after that date cannot be accepted. Secondly, you may hand deliver the ballot, either to the office of the City Clerk, prior to 5:00 p.m. on Monday, December 19, 2022, or you may hand it in at the Public Hearing.
To cast your ballot properly, please sign and mark “X” on the line after the word “Yes” or after the word “No”.
Please make only one choice. All marks otherwise made are forbidden and shall render the ballot void. If you wrongly mark, tear or deface the ballot, return it to the City Clerk’s office and obtain a replacement.
APN(s): 064-012-016, 064-013-013,064-013-019
Land Owner(s): K HOVNANIAN HOMES
NORTHERN CALIFORNIA, INC (Contact) Robert Sprague
Address: 3721 Douglas Blvd, Suite 150 3721 Douglas Blvd, Suite 150 Roseville, CA 95661 Roseville, CA 95661
Declaration of Authorization
The undersigned certifies under penalty of perjury that he/she is entitled to complete and submit this waiver.
Signature of Land Owner(s) (or authorized representative)
Printed Name
Date
BALLOT MEASURE: Shall the City of Oakdale be authorized to annually levy a special tax on taxable parcels within Community Facilities District No. 2015-1 (Maintenance Services), (the “District”) and specifically within the boundaries of Annexation No. 7, in accordance with the Rate and Method of Apportionment of Special Tax, as detailed in the “Resolution of Intention to Annex Territory” into the District - Annexation No. 7, and to Authorize the Annexation and Levy of Special Taxes Therein”, to be adopted by the City Council on December 19, 2022, to commence in Fiscal Year 2023/24 or later.
YES:
NO:
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE
DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN – MODIFYING ANNEXATION NO. 7 (CARMEL RANCH)
THE CITY COUNCIL (THE “COUNCIL”) OF THE CITY OF OAKDALE (THE “CITY”) DOES HEREBY RESOLVE THAT:
WHEREAS, in proceedings conducted by this Council pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), , on the date hereof, this Council adopted a resolution titled “Resolution of the City Council of the City of Oakdale of Annexation of Territory to the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (the “District”), Authorizing the Levy of Special Taxes and Submitting Levy of Special Taxes to Qualified Elector(s) – Annexation No. 7” (the Resolution of Annexation”), which called for a special election of the qualified elector(s) within the territory of land proposed to be annexed to the District; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A; and.
WHEREAS, this Council has reviewed said canvass and hereby approves it.
NOW, THEREFORE, IT IS ORDERED as follows:
1. Issues Presented: The issue presented at the special election was the levy of special taxes within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Council, all as described in Resolution No. 2022-128, titled “A Resolution of the City Council of the City of Oakdale of Intention to modify Annexation No. 7 of the City of Oakdale’s Community Facilities District No. 2015-01 (Maintenance Services) and to Authorize the Levy of Special Taxes Therein.”
2. Canvass and Issues Approved: Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the sole landowner of the territory of Annexation No. 7 of the District at the special election.
3. Proceedings Approved: Pursuant to voter approval, the modification to the assessment is hereby declared to be approved and part of the District, and this Council may levy special taxes therein as heretofore provided in these proceedings.
CITY OF OAKDALE
City Council Resolution 2022-____
4. Prior Proceedings Valid: It is hereby found that all prior proceedings and actions taken by this Council, with respect to the District and territory of Annexation No. 7, were valid and in conformance with the Act.
5. Amended Notice of Special Tax Lien: Within 15 days of the date of the adoption of this Resolution, the City Clerk shall execute and cause to be recorded in the Office of the County Recorder of Stanislaus County, aa Amendment to the Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.
6. Effective Date: This Resolution shall take effect upon its adoption by the Council.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th day of December, 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED:
Cherilyn Bairos, Mayor
City of Oakdale
ATTEST:
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-XX was adopted by the City Council of the City of Oakdale at a regular meeting held on the 19th day of December, 2022.
Rouze Roberts, City Clerk
City of Oakdale
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2015-01 (MAINTENANCE SERVICES)
ANNEXATION NO. 7 (CARMEL RANCH)
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Oakdale, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Oakdale, County of Stanislaus, State of California. The special tax secured by this lien is authorized to be levied for the purpose of providing for public safety services including, fire services, law enforcement, code enforcement and animal control. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment.
The special tax is authorized to be levied within Community Facilities District No. 2015-01 (Maintenance Services) that has been officially formed and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special tax is as follows: (please refer to the attached Rate and Method of Apportionment, as taken from the resolution of formation, of City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services)).
Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: the Special Tax may not be prepaid.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) in accordance with Section 3115.5 of the Streets and Highways Code.
The name of the owner and the assessor's tax parcel numbers of the real property included within this community facilities district and not exempt from the special tax are as follows:
K HOVNANIAN HOMES NORTHERN CALIFORNIA, INC
APN(s): 064-012-016, 064-013-013, 064-013-019
Reference is made to the amended boundary map of the community facilities district recorded at Volume 6 of Maps of Assessment and Community Facilities Districts at Page 47, in the office of the County Recorder for the County of Stanislaus, State of California which map is now the final boundary map of the community facilities district.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Department of the City of Oakdale, 280 N. Third Avenue, 95361, (209) 845-3570.
Attest:
_______________________________________
Rouze Roberts: City Clerk, City of Oakdale
CFD MAINTENANCE COSTS Carmel Ranch
SURFACE IMPROVEMENTS: D Street Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostAC Paving 14,734 SF Crack Seal 3 $0.02 $294.68 14 $4,125.52 Surry Seal 6 $0.35 $5,156.90 6 $30,941.40Overlay 24 $1.50 $22,101.00 1 $22,101.00Remove & Replace 48 $6.00 $88,404.00 1 $88,404.00 $145,571.92 $3,032.75 Curb & Gutter 764 LF Spot Repair 9 5% $1,145.60 4 $4,582.38 Remove & Replace 48 $30.00 $22,911.90 1 $22,911.90 $27,494.28 $572.80 Class I Bike Path 8,366 SF Crack Seal 3 $0.02 $167.32 15 $2,509.80 Surry Seal 6 $0.35 $2,928.10 7 $20,496.70Remove & Replace 48 $7.00 $58,562.00 1 $58,562.00 $81,568.50 $1,699.34 Ramps 2 EA Remove & Replace 24 $3,000.00 $6,000.00 2 $12,000.00 $12,000.00 $500.00Street Lights 4 EA Replace Bulb 12 $500.00 $2,000.00 3 $6,000.00 Remove & Replace 48 $5,000.00 $20,000.00 1 $20,000.00 $26,000.00 $541.67 SUBTOTAL $292,634.70 $6,346.56
STORM DRAIN: D Street Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostManholes 2 EA Grout joints 8 $400.00 $800.00 5 $4,000.00 Remove & Replace 48 $5,000.00 $10,000.00 1 $10,000.00 $14,000.00 $291.67 Catch Basins 1 EA Grout joints 8 $400.00 $400.00 5 $2,000.00 Remove & Replace 48 $3,500.00 $3,500.00 1 $3,500.00 $5,500.00 $114.58 12" Lateral Pipe 14 LF Remove & Replace 96 $50.00 $700.00 1 $700.00 $700.00 $7.2924" to 30" Storm Pipe 377 LF Remove & Replace 96 $120.00 $45,240.00 1 $45,240.00 $45,240.00 $471.25 SUBTOTAL $65,440.00 $884.79
STORM DRAIN: Internal Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost Cost Manholes 3 EA Grout joints 8 $400.00 $1,200.00 5 $6,000.00 Remove & Replace 48 $5,000.00 $15,000.00 1 $15,000.00 $21,000.00 $437.50 Catch Basins 6 EA Grout joints 8 $400.00 $2,400.00 5 $12,000.00 Remove & Replace 48 $3,500.00 $21,000.00 1 $21,000.00 $33,000.00 $687.50 12" Storm Pipe 640 LF Remove & Replace 96 $50.00 $32,000.00 1 $32,000.00 $32,000.00 $333.33 18" Storm Pipe 158 LF Remove & Replace 96 $65.00 $10,270.00 1 $10,270.00 $10,270.00 $106.98 SUBTOTAL $96,270.00 $1,565.31
The purpose of these calculations are to establish the annual cost to maintain the facilities that will be in the CFD for this project. It includes half of the pavement (from centerline to lip of gutter) and frontage improvements (bikepath, curb & gutter) on D Street fronting the property, a fair share of median landscaping on D Street, all of the storm drain catch basins and laterals and half of the manholes and storm drain line in D Street fronting the property, a fair share of the storm drain trunk line through Tesoro Unit II, and all storm drain improvements proposed with this project that connect to the City's system. The proposed horizontal drain will be maintained with the private streets by the HOA. All wall improvements for the project and landscaping on D Street will also be maintained by the HOA per COA #38.
Prepared by City Engineer 11/16/2022 1 of 2
CFD MAINTENANCE COSTS Carmel Ranch
STORM DRAIN: Trunk Main Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostManholes 5 EA Grout joints 8 $400.00 $2,000.00 5 $10,000.00 Remove & Replace 48 $5,000.00 $25,000.00 1 $25,000.00 $35,000.00 $729.17 30" to 36" Storm Pipe 1,413 LF Remove & Replace 96 $120.00 $169,560.00 1 $169,560.00 $169,560.00 $1,766.25 SUBTOTAL $204,560.00 $2,495.42
14.2% USE OF TRUNK MAIN $29,083.49 $354.79
OPERATING COSTS Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostD Street 0.14 mi. Street Sweeping 1 $25.00 $3.62 1 n/a n/a $3.62 Street Lights 4 EA Electrical Costs 1 $120.00 $480.00 1 n/a n/a $480.00 Storm Drain Manholes 2 EA Clean out debris 1 $100.00 $200.00 1 n/a n/a $200.00Catch Basins 1 EA Clean out debris 1 $100.00 $100.00 1 n/a n/a $100.0012" Lateral Pipe 14 LF Clean out debris 1 $1.50 $21.00 1 n/a n/a $21.00 24" to 30" Storm Pipe 377 LF Clean out debris 1 $1.50 $565.50 1 n/a n/a $565.50 Landscaping ‐ Median 4,303 SF Landscape Maintenance 1 $0.15 $645.51 1 n/a n/a $645.51Irrigation ‐ Median 4,303 SF Irrigation Costs 1 $0.10 $430.34 1 n/a n/a $430.34 Internal Storm Drain
Storm Drain Manholes 3 EA Clean out debris 1 $100.00 $300.00 1 n/a n/a $300.00Catch Basins 6 EA Clean out debris 1 $100.00 $600.00 1 n/a n/a $600.0012" Lateral Pipe 640 LF Clean out debris 1 $1.50 $960.00 1 n/a n/a $960.00 18" Storm Pipe 158 LF Clean out debris 1 $1.50 $237.00 1 n/a n/a $237.00 Storm Drain Trunk Main
Storm Drain Manholes 5 EA Clean out debris 1 $100.00 $500.00 14% n/a n/a $71.09 30" to 36" Storm Pipe 1,413 LF Clean out debris 1 $1.50 $2,119.50 14% n/a n/a $301.34 Annual Administration 1 EA 1 $5,000.00 $5,000.00 1 n/a n/a $5,000.00 SUBTOTAL $9,915.39
TOTAL ANNUAL ASSESSMENT: $19,066.84
Number or Residential Units: 50
Annual Assessment Per Unit: $381.34
Monthly Assessment Per Unit: $31.78
Prepared by City Engineer 11/16/2022 2 of 2
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date: December 19, 2022
To: Mayor Bairos and Members of the Oakdale City Council From: Michael Renfrow, Senior Engineering Technician
Reviewed by: Jeff Gravel, Public Services Director
Subject: Consideration of a Resolution from the City of Oakdale City Council Authorizing the City Manager to Execute a Subdivision Improvement Agreement (SIA) for the Whispering Oaks
Subdivision and Authorizing the City Clerk to File the SIA and Final Subdivision Map with the County Clerk Recorder’s Office I. BACKGROUND
Oakdale Real Estate Investors, LLC. is developing the Whispering Oaks Subdivision, being 37 single-family residential lots on 8.29 acres on Old Stockton Road, between Hill Road to the south and River Bluff Drive to the north. Resolution 2022-03 of the City of Oakdale Planning Commission approved Vesting Tentative Subdivision Map No. 2020-22 on January 5, 2022.
Location:
AGENDA ITEM 11.1
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: The Whispering Oaks Subdivision Improvement Agreement and Final Subdivision Map MEETING DATE: December 19, 2022
Whispering Oaks Subdivision Layout:
II. DISCUSSION
As a condition of approval, Oakdale Real Estate Development, LLC. is required to take part in a Subdivision Improvement Agreement to ensure improvements are completed to the satisfaction of the City and in a timely manner. The Subdivision Improvement Agreement has been reviewed by the City Attorney. The estimated total cost of the public improvements in their entirety is $2,106,003 which includes sewer, water, storm drain, pavement and curb gutter and sidewalk and park improvements.
In addition, as part of the Subdivision Improvement Agreement Oakdale Real Estate Development, LLC. has provided the City with the following Bonds in accordance with Section 31-79 of the Municipal Code:
Performance Bond (100% of Engineer’s Estimate): $1,572,133 Labor Materials (50% of Engineer’s Estimate): $1,053,002 Monumentation ($300 per lot): $ 11,100
Warranty (25% of Engineer’s Estimate): $ 526,500
At the time of this agreement, the Developer has installed certain improvements which reduces the Performance Bond amount. The Labor and Materials Bond and the Warranty Bonds were unaffected.
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: The Whispering Oaks Subdivision Improvement Agreement and Final Subdivision Map MEETING DATE: December 19, 2022
In order for the City to “call” bonds associated with these improvements, a Subdivision Improvement Agreement must be authorized by the City Council and the Agreement must be recorded with the County Clerk Recorder. The Final Subdivision Map has been prepared for city review and approval. The City Engineer has examined the map and finds that it substantially conforms to the approved Tentative Parcel Map, the State Subdivision Map Act and the City of Oakdale Subdivision Ordinance and is satisfied it is technically correct.
California Environmental Quality Act (CEQA):
City staff has prepared and circulated an Initial Study to evaluate possible environmental impacts associated with the proposed project. Based on the evaluation contained in the Initial Study, in addition to comments received during the thirty (30) day public review period, City staff determined that the proposed project would have a less than significant impact with mitigation measures incorporated. Therefore, City staff has prepared a Mitigated Negative Declaration in accordance with Article 6 of the CEQA Guidelines.
III. FISCAL IMPACT
There is no impact to the General Fund for maintenance associated with the Public Improvements. Oakdale Real Estate Development, LLC. has also paid the applicable Plan Check and Inspection Fee deposit. This subdivision has been preliminarily annexed into CFD No. 2007-1 Annexation No. 18, CFD No. 2015-01 Annexation No. 8.
IV. RECOMMENDATION
Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute a Subdivision Improvement Agreement for the Whispering Oaks Subdivision and authorizing the City Clerk to file the SIA and Final Subdivision Map with the County Clerk Recorder’s Office.
V. ATTACHMENTS
Attachment A: Draft City Council Resolution 2022-__
Attachment B: Subdivision Improvement Agreement
Attachment C: Final Subdivision Map
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-__
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR THE
WHISPERING OAKS SUBDIVISION AND AUTHORIZING THE
CITY CLERK TO FILE THE SIA AND FINAL SUBDIVISION MAP WITH THE COUNTY CLERK RECORDER’S OFFICE
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, Oakdale Real Estate Investors, LLC. is developing the Whispering Oaks Subdivision, being 37 single-family residential lots on 8.29 acres on Old Stockton Road, between Hill Road to the south and River Bluff Drive to the north.
Resolution 2022-03 of the City of Oakdale Planning Commission approved Vesting Tentative Subdivision Map No. 2020-22 on January 5, 2022; and, WHEREAS, the Project includes Public Improvements consisting of sewer, water, storm drain, pavement and curb gutter and sidewalk and park; and, WHEREAS, as part of the Subdivision Improvement Agreement Oakdale Real Estate Investors, LLC. has provided the City with the following Bonds in accordance with Section 31-79 of the Municipal Code:
Performance Bond (100% of Engineer’s Estimate): $1,572,133 Labor Materials (50% of Engineer’s Estimate): $1,053,002 Monumentation ($300 per lot): $ 11,100
Warranty (25% of Engineer’s Estimate): $ 526,500
WHEREAS, in order for the City to “call” bonds associated with these improvements, a Subdivision Improvement Agreement must be authorized by the City Council and the Agreement must be recorded with the County Clerk Recorder; and, WHEREAS, there is no impact to the General Fund for maintenance associated with the Public Improvements. Oakdale Real Estate Development, LLC. has also paid the applicable Plan Check and Inspection Fee deposit. This subdivision has been preliminarily annexed into CFD No. 2007-1 Annexation No. 18, CFD No. 2015-01 Annexation No. 8.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL of the CITY OF OAKDALE hereby authorizes the City Manager to execute a Subdivision Improvement Agreement for the Whispering Oaks Subdivision and authorizes the City Clerk to file the SIA and Final Subdivision Map with the County Clerk Recorder’s Office.
ATTACHMENT A
CITY OF OAKDALE
City Council Resolution (Continued)
SUBJECT: The Whispering Oaks Subdivision Improvement Agreement and Final Subdivision Map MEETING DATE: December 19, 2022
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th DAY OF DECEMBER, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED:
Cherilyn Bairos, Mayor
ATTEST:
Rouzé Roberts, City Clerk
{CW079994.1} Subdivision Improvement Agreement 1
11/30/22
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT: December 19, 2022
NAME OF SUBDIVIDER: OAKDALE REAL ESTATE DEVELOPMENT, LLC (Referred to as “SUBDIVIDER”)
NAME OF SUBDIVISION: Whispering Oaks Subdivision
(Referred to as “SUBDIVISION”)
TENTATIVE MAP RESOLUTION
OF APPROVAL NO: 2022-03
(Referred to as “RESOLUTION OF APPROVAL”)
IMPROVEMENT PLANS: Improvement Plans for Whispering Oaks Subdivision (Referred to as “IMPROVEMENT PLANS”)
ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 1,572,133
ESTIMATED TOTAL COST OF MONUMENTATION: $ 11,100.00 ($300/lot) SURETY: Performance, Labor and Materials, Warranty and Monumentation (Referred to as “SURETY” and is incorporated into this agreement by reference) BOND NOS: ______________________________________
This agreement is made and entered into as of the Effective Date by and between the CITY OF OAKDALE, a California municipal corporation (hereinafter referred to as “CITY”), and the SUBDIVIDER (the “Agreement”).
RECITALS
A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California (Government Code section 66410 et seq.) and the CITY’S ordinances and regulations relating to the filing, approval and recordation of subdivision maps (the “Final Map”). The Subdivision Map Act and the CITY’S ordinances and regulations relating to the filing, approval, and recordation of subdivision maps are collectively referred to in this Agreement as the “Subdivision Laws.” B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into
ATTACHMENT B
{CW079994.1} Subdivision Improvement Agreement 2
11/30/22
this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a Final Map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or; (b) have entered into an agreement with CITY to complete the improvements and land development within a period of time specified by CITY.
D. SUBDIVIDER intends to install and complete, at SUBDIVIDER’S own expense, all the public improvement work required by CITY in connection with the SUBDIVISION.
SUBDIVIDER has secured this Agreement by noting on the Final Map that building permits applications will not be submitted to the City until all Improvements, as defined below, have been constructed
E. Improvement Plans for the construction, installation and completion of the Improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The proposed Improvement Plans are on file in the CITY’s Department of Public Works and are hereby incorporated into this Agreement. All references in this Agreement to the Improvement Plans shall also include reference to any specifications for the Improvements as approved by the City Engineer.
F. An estimate of the cost of construction of the public improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit “A” to this Agreement.
G. SUBDIVIDER hereby intends to enter into this Agreement to complete the Subdivision’s public improvements and land development within the term specified herein.
H. By entering into this Agreement, SUBDIVIDER intends to provide security to CITY to ensure the performance of certain obligations and conditions of approval related to the Final Map and Resolution of Approval.
NOW, THEREFORE, in consideration of the foregoing and the representations, warranties, covenants, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SUBDIVIDER and CITY agree as follows:
{CW079994.1} Subdivision Improvement Agreement 1
11/30/22
AGREEMENT
1. SUBDIVIDER’S Obligations to Construct Improvements.
SUBDIVIDER shall:
a. Comply with all the requirements of the Resolution of Approval, any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at SUBDIVIDER’S own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with approved Improvement Plans, authorized deferred improvements, and the CITY standards as follows (collectively, the “Improvements”):
IMPROVEMENT DEADLINE DATE
All improvements shown in the
Improvement Plans and the Landscape
Plans
24 Months After Recordation
c. Furnish the necessary materials for completion of the Improvements in conformity with the Improvement Plans and CITY standards. d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements, and other interests in real property for construction or installation of the Improvements, free and clear of all liens and encumbrances. The SUBDIVIDER’S obligations with regard to acquisition by CITY of off-site rights-of- way, easements, and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the SUBDIVISION.
e. Commence construction of the Improvements by the time established in Section 21 of this agreement and complete the Improvements by the deadline stated in Paragraph 1(b). above, unless a time extension is granted by the CITY as authorized in Section 21. The construction of Improvements are not deemed complete until the City Council accepts them as provided in Section 16. f. Install all SUBDIVISION monuments and stakes as specified on the Final Map for the SUBDIVISION and as required by law, and place all street signs at intersections prior to acceptance of the Improvements by the CITY. g. A seal coat complying with the requirements of Section 37-3 “Slurry Seal” of the Caltrans Construction Manual shall be installed at SUBDIVIDER’S expense, on all new roadways within the Subdivision, the portion of Old Stockton Road {CW079994.1} Subdivision Improvement Agreement 2
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adjacent to the Project. Slurry Seal shall be from curb to curb due to cutting of the roadway for utility and new street tie-ins.
h. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the Improvements by the CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require.
i. Submit final Improvement Plans and financial guaranty conforming to City standards if the Improvements have not been completed.
j. The commencement of the 1-year warranty period for the sewer lift station can be implemented only after the Developer has completed construction of all lots and occupancy obtained in all houses so that the sewer lift station can be tested at full capacity by the City, demonstrating that the sewer lift station is shown to be operable, fully functional, under conditions in which it was designed.
2. Term. This Agreement shall become effective on the date that both SUBDIVIDER and CITY have executed this Agreement (“Effective Date”), and shall terminate only after the release of all Securities, unless this Agreement is terminated in writing, signed and notarized by CITY and SUBDIVIDER and recorded (the “Term”).
3. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land development work contemplated by this agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before:
a. The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or c. The issuance of a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession.
Nothing in this Section 1 shall be construed as authorizing or granting an extension of time to SUBDIVIDER.
4. Securities. SUBDIVIDER shall, prior to commence of construction of the Improvements, secure this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY by providing the following (“collectively, the “Securities”):
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a. Performance Security. An amount determined by the City Engineer to assure faithful performance of this Agreement in an amount of one hundred percent (100%) of the total estimated cost of the Improvements (“Performance Security”). b. Payment Security. An additional amount determined by the City Engineer not to be less than fifty percent (50%) of the total estimated cost of Improvements to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement (“Payment Security”). c. Warranty. An additional amount of twenty-five percent (25%) of the estimated costs of Improvements to guarantee or warranty the work done pursuant to this Agreement against any defective work or labor done or defective materials furnished, for a period of one year following acceptance thereof by CITY (“Warranty”). The City Council shall issue a final acceptance of the Improvements made pursuant to this Agreement. If within the warranty period any work or Improvement or part of any work or Improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. If SUBDIVIDER fails to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY’s option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the cost of such work by CITY. If CITY determines that a repair is urgent and requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs.
d. Subdivision Monuments. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of Five Hundred Dollars ($300) per lot for setting subdivision monuments, as stated previously in this Agreement. {CW079994.1} Subdivision Improvement Agreement 1
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The required Securities shall be kept on file with the City Clerk. If any of the Securities are replaced by another approved Security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement Security with the City Clerk, the former Security may be released.
5. Alterations to Improvement Plans.
a. Any changes, alterations or additions to the Improvement Plans and specifications or to the Improvements, not exceeding ten percent (10%) of the original estimated cost of the improvement, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the obligation of SUBDIVIDER to provide the Securities. In the event such changes, alterations, or additions exceed ten percent (10%) of the original estimated cost of the Improvement, SUBDIVIDER shall provide a Performance Security for one hundred percent (100%) of the total estimated cost of the as changed, altered, or amended, Improvement minus any completed partial releases allowed by Section 7.
b. SUBDIVIDER shall construct the Improvements in accordance with the CITY standards in effect at the time of Final Map recording. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or Federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the Improvements, CITY may apply the standards in effect at the time of the extension.
6. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer’s authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No Improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards.
SUBDIVIDER shall pay to CITY the actual cost of all inspection, administration testing and certification services furnished by the CITY in connection with this agreement including those performed by consultants under the contract with the CITY. {CW079994.1} Subdivision Improvement Agreement 1
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7. Release of Securities. The Securities shall be released as follows:
a. The Performance Security shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Paragraph (b) hereof. b. The City Engineer may release a portion of the Performance Security as the improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twentyfive percent (25%) of the total given for the Performance Security. In any event, the Performance Security shall not be reduced to an amount less than fifty percent (50%) of the total Performance Security until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement.
c. The Payment Security shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Payment Security. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given.
d. No Warranty shall be released until the expiration of the warranty period and until any claims filed during the warranty period specified in Section 4 have been settled. As provided in Section 4, the warranty period shall not commence until final acceptance of all the work and Improvements by the City Council. e. The CITY may retain from any of the Securities released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.
8. Injury to Public Improvements, Public Property or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners.
Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
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9. Permits. SUBDIVIDER shall, at SUBDIVIDER’S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law.
10. Default of SUBDIVIDER.
a. Breach. SUBDIVIDER shall be deemed to have materially breached this Agreement based on, but not limited to, any of the following occurrences: (i) failure to timely commence construction of Improvements (ii) failure to timely complete construction of the Improvements; (iii) failure to timely cure any defect in the Improvements to the satisfaction of the City Engineer; (iv) failure to timely deposit additional Securities as may be required by this Agreement; (v) SUBDIVIDER’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; (vi) the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or (vii) failure to perform any material obligation under this Agreement.
b. Notice of Breach; Default. In the event of any material breach of this Agreement, City may serve written notice upon SUBDIVIDER and SUBDIVIDER’s surety, if any, of the breach. SUBDIVIDER shall have twenty (20) days from receipt of written notice by City to cure any breach. If the breach is not cured, or significant progress towards curing the breach is not made, SUBDIVIDER shall be in default.
c. Remedies; Performance by City.
i. In the event of SUBDIVIDER’s default under this Agreement, and the applicable cure period set forth in this Paragraph has expired without such default having been cured, City may thereafter deliver a notice of default to SUBDIVIDER and SUBDIVIDER’s surety, if any. If the default remains uncured within twenty (20) calendar days from receipt of the written notice of breach, SUBDIVIDER authorizes City to complete all work on the Improvements at the sole expense of SUBDIVIDER, and SUBDIVIDER authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of default of this Agreement, or abandonment of the Subdivision, City may take over the Improvements and prosecute them to completion, by contract or by any other method City may deem advisable, at the expense of SUBDIVIDER, and SUBDIVIDER shall be liable to City for any excess cost or damages incurred by City. In the event City takes over the Improvements or prosecutes the same to completion, City, without liability for so doing, may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to SUBDIVIDER as may be necessary for completion of the Improvements.
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ii. City reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER’s obligations under this Agreement. The right of City to draw upon or utilize the Securities is additional to and not in-lieu of any other remedy available to City.
iii. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to City, and is not required to implement other available remedies. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER’s default shall be at the discretion of City
iv. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to costs of suit and attorney’s fees, costs of Improvements in the event of failure of performance, and all administrative costs. Such costs and fees shall be a proper charge against the Securities of SUBDIVIDER. v. The failure of City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER.
d. Lien. In accordance with the Subdivision Laws (Government Code section 66499), the recordation of this Agreement creates a lien attached to the property underlying the Subdivision and has the priority of a judgment lien in the amount necessary to complete the Improvements.
11. SUBDIVIDER Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Injury to Work. Until such time as the Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such Improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
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13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous condition.
15. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the Improvements constructed pursuant to this agreement shall vest in CITY.
16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all Improvements. The City Council shall act upon the Engineer’s recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed. Such acceptance shall not constitute a waiver of defects by CITY.
17. Indemnity/Hold Harmless. SUBDIVIDER hereby warrants that the design and construction of the Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. CITY or any officer, agent, contractor, volunteer, or employee (“CITY’s AGENTS”) thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees in the performance of this agreement.
SUBDIVIDER further agrees to protect, indemnify, defend and hold harmless CITY and CITY’s AGENTS from any and all claims, demands, causes of action, liability, attorneys’ fees or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to defend and hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision and the Improvements, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the Improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the design or construction of the subdivision or the Improvements pursuant to the approved Improvement Plans or Final Map, regardless of any negligent action or inaction taken by CITY or CITY’s AGENTS in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER and submitted to {CW079994.1} Subdivision Improvement Agreement 5
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the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten years (10) following the acceptance by CITY of the Improvements. It is the intent of this Section that SUBDIVIDER shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that CITY and CITY’S AGENTS shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Performance Security shall not be required to cover the provisions of this Section.
18. Proof of Insurance. Proof of insurance in the form of general liability coverage, automobile liability, workers compensation insurance, employer’s liability, and course of construction coverage.
Minimum Limits of Insurance
During construction contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $2,000,000 per accident for bodily injury or disease.
4. Course of Construction: Completed value of the project.
19. Sale of Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and substitution of security.
Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the Securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section 17 for the work or Improvements done by SUBDIVIDER.
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20. Time of the Essence. Time is of the essence of this Agreement.
21. Time for Commencement of Work/Time Extensions. SUBDIVIDER shall commence substantial construction of the Improvements required by this Agreement not later than nine months prior to the time for completion. In the event good cause exists as determined by the City Council, the time for commencement of construction or completion of the Improvements hereunder may be extended. The extension shall be made by writing approved by the City Council. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Securities. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension.
Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prohibits the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Council may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
22. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance.
23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City:
Notice to CITY: City of Oakdale
280 North Third Avenue
Oakdale, CA 95361
Notice to SUBDIVIDER:
Oakdale Real Estate
14125 Capri Drive, Suite 5
Los Gatos, CA 95032
24. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
25. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, {CW079994.1} Subdivision Improvement Agreement 7
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construction, or meaning of any provisions of this Agreement.
26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement.
27. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Administrator.
28. Successors and Assigns. SUBDIVIDER shall not assign any of its obligations under this Agreement without the prior written consent of City. Notwithstanding the above, all representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the parties, shall be binding upon and inure to the benefit of such party, its successors and assigns. If assignment is permitted, City in its sole discretion may release SUBDIVIDER from its obligations so assigned hereunder, and may release any Securities posted by SUBDIVIDER to secure any Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any Improvements not assigned.
29. Modifications. This Agreement may be amended only by a written instrument signed by the parties. SUBDIVIDER shall bear all costs of amendments to this Agreement that are requested by SUBDIVIDER. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.
30. Counterparts. This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
31. Venue. Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for the County of Stanislaus.
32. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.
33. Nondiscrimination. SUBDIVIDER, its agents, employees, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. SUBDIVIDER shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.
34. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the {CW079994.1} Subdivision Improvement Agreement 8
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prevailing party shall be entitled to an award of reasonable attorney fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.
IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its City Administrator.
BY: Dan Leonis, Partner
Oakdale Real Estate Development, LLC
By:________________________
CITY OF OAKDALE
By:
SUBDIVIDER
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
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California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary Public, personally
appeared who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. {CW079994.1} Subdivision Improvement Agreement 10
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California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary Public, personally
appeared who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Subdivision Improvement Agreement Checklist 12/5/2022
CD-2028 Whispering Oaks
SIA Approval
Engineer's Estimate See "Exhibit A" attached
Amount of Engineer's Estimate (Minus portion installed) $ 1,429,212.00 Contingency 10% of Engineer's Estimate $ 142,921.20
Bond Estimate (Engineer's Estimate + Contingency): $ 1,572,133.20 Bonds/Security:
Performance: 100% of Bond Estimate $ 1,572,133.20
Labor & Materials: 50% of Bond Estimate $ 1,053,001.50
Monumentation: $300 Per Lot @ 37 Lots $ 11,100.00
Payments/Deposits:
Inspection Deposit 2.0% of Bond Estimate $ 42,120.06
MS4 Inspections $200 /month @ 36 months $ 7,200.00
Total Due: $ 49,320.06
Documents:
Improvement Plans (signed by City Engineer & Public Services Director) Subdivision Improvement Agreement (Signed by Applicant) Title Report
Final Map Recordation:
Final Map Documents:
Final Map Mylars (with all signatures)
Tax Letter/Certificate (from County Tax Recorder's office) Subdivision Guarantee (from Title Company)
County Recording Fee
Acceptance of Improvements:
Documents:
Record Drawings
Acceptance Letter from City Engineer
Security:
Warranty Bond: 25% of Bond Estimate $ 526,500.75
The following items must be received and verified by City Engineer and delivered to City Clerk prior to scheduling the item for City Council for approval of Subdivision Improvement Agreement.
After City Council approval of the SIA, the following items must be delivered to Public Services for recordation of the final map.
Upon completion of the work, the following items must be received and verified by City Engineer and delivered to City Clerk prior to scheduling the project for City Council for acceptance of improvements.
ATTACHMENT C
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: December 19, 2022
To: Mayor and City Council
From: Albert Avila, Finance Director
Subject: 1. Adopt a Resolution of Intention to Annex Additional Territory to City of Oakdale Community Facilities District No. 2015-01 (Annexation No. 8) (Whispering Oaks)
2. Set Public Hearings for January 17, 2023.
3. Direct the Recording of the Annexation No. 8 Map within fifteen (15) days of the date of adoption of the Resolution of Intention to Annex.
I. BACKGROUND:
In August 2015, the City established the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) (CFD No. 2015-01), for the purpose of establishing a special tax, paid by new residential property owners, to help off-set the additional costs of providing services related to the maintenance of streets, street lights, drainage facilities, the treatment of storm water run-off, and landscaping to new residents.
II. DISCUSSION:
The proposed CFD No. 2015-01 Annexation of 37 residential parcels will provide funding for the services mentioned above. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of facilities, improvements, vehicles and equipment. The property owner of this annexation has voted to approve the annexation.
III. FISCAL IMPACT:
The maximum annual special tax rates for fiscal year 2023/24 are as follows; Single Family Residential – $776.87 per unit ($64.74 per month) IV. RECOMMENDATION:
That the City Council adopt the Resolution to Annex Territory to the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services), Annexation No, 8 (Whispering Oaks), set Public Hearings for January 17 2023 and Direct the City Clerk to record the Annexation No. 8 Map within fifteen (15) days of the date of adoption of these Resolutions.
AGENDA ITEM 11.2
V. ATTACHMENTS:
Attachment A: Resolution No. 2022-XX, Intention to Annex Additional Territory to City of Oakdale Community Facilities District No. 2015-01 (Annexation No. 8).
Attachment B: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Rate and Method of Apportionment.
Attachment C: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) Maintenance Cost.
Attachment D: City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services), Annexation No. 8 (Whispering Oaks), Boundary Map.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKDALE
DECLARING INTENT TO ANNEX TERRITORY TO THE
CITY OF OAKDALE COMMUNITY FACILITIES DISTRICT NO. 2015-01 (MAINTENANCE SERVICES), ANNEXATION NO. 8 (WHISPERING OAKS)
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
THE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, the Council has conducted proceedings for and has established the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), constituting Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code; and,
WHEREAS, under the Act, the Council, as the legislative body for the District is empowered with the authority to annex territory to the District and to authorize the levy of special taxes therein, now desires to undertake proceedings to annex territory to the District and to authorize the levy of special taxes therein.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL AS FOLLOWS:
Section 1. Findings. The Council finds that:
(a) The foregoing recitals are true and correct; and,
(b) Annexation and Levy of Special Taxes: The Council hereby finds and determines that public convenience and necessity require that territory be added to the District and the levy of special taxes authorized therein; and, (c) Name of Existing District: The name of the existing District is “City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services)”; and, (d) Territory: The territory included in the original District area is as shown (i) on the map thereof filed in Book 4 of Maps of Assessment and Community Facilities Districts at
Recorder:) to which map reference is hereby made. (ii) on the map depicting the area added to the District pursuant to Annexation No. 1 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 47, in the office of the County Recorder;
(iii) on the map depicting the area added to the District pursuant to Annexation No. 2 to the District, which map was filed in Book 5 of Maps of Assessment and Community
CITY OF OAKDALE
City Council Resolution 2022-____
Facilities Districts at Page 61, in the office of the County Recorder; (iv) on the map depicting the area added to the District pursuant to Annexation No. 3 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 72, ; (v) on the map depicting the area added to the District pursuant to Annexation No. 4 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 90, ; (vi) on the map depicting the area added to the District pursuant to Annexation No. 5 to the District, which map was filed in Book 5 of Maps of Assessment and Community Facilities Districts at Page 94, (vii) on the map depicting the area added to the District pursuant to Annexation No. 6 to the District, which map was filed in Book 6 of Maps of Assessment and Community Facilities Districts at Page 46, (vii) on the map depicting the area added to the District pursuant to Annexation No. 6 to the District, which map was filed in Book 6 of Maps of Assessment and Community Facilities Districts at Page 47, (viii) on the map depicting the area added to the District pursuant to Annexation No. 7 to the District, which map was filed in Book 6 of Maps of Assessment and Community Facilities Districts at Page 57, in the office of the County Recorder;
The territory now proposed to be annexed to the District is shown on the Annexation Map No. 8 of the District on file with the City Clerk, the boundaries of which territory are hereby preliminary approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded said Annexation Map No.8 of the District in the office of the City Clerk, at minimum, fifteen (15) days prior to the Public Hearing for said Annexation.
(e) Special Tax: Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the Council shall determine, including direct billing of the effected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, are described in Exhibit A to the Resolution of Intention; and, (f) Public Hearing: Tuesday, January 17, 2023 at 7:00 o’clock p.m., in the regular meeting place of the Council, City Hall, Council Chambers, 277 North Second Avenue, Oakdale, California, be, and the same are hereby appointed and fixed as the time and place when and where the Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District where all interested persons for or against the annexation of territory or the levying of special taxes within the territory proposed to be annexed will be heard and will consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the District and the levy of said special tax therein; and,
CITY OF OAKDALE
City Council Resolution 2022-____
(g) Notice of Hearing: The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said hearing. The notice shall be substantially in the form attached hereto as Exhibit B to the Resolution of Intention.
Section 2. Intention. The Council declares that it intends to annex territory to the CFD and levy said special tax therein.
Section 3. Public Hearing. The Council sets the Public Hearing for January 17, 2023.
THE FOREGOING RESOLUTION IS HEREBY PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF December 2022 by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
SIGNED:
Cherilyn Bairos, Mayor
City of Oakdale
Rouze Roberts, City Clerk
City of Oakdale
I, Rouze Roberts, City Clerk of the City of Oakdale, County of Stanislaus, State of California, do hereby certify that the foregoing Resolution No. 2022-xxx was adopted by the City Council of the City of Oakdale at a regular meeting held on the 19th day of December, 2022.
Rouze Roberts, City Clerk
City of Oakdale
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-01
(Maintenance Services)
RATE AND METHOD OF APPORTIONMENT
A Special Tax applicable to each Assessor Parcel in the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) shall be levied and collected according to the tax liability determined by the City of Oakdale or its designee, through the application of this rate and method of apportionment of Special Tax. All of the property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless otherwise provided for the annexed property.
SECTION A- DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor Parcel as shown on an Assessor Parcel map, or of the land area is not shown on an Assessor Parcel map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of the Title 5 of the California Government Code.
"Administrative Expenses" means the costs incurred by the City to determine. Levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installment of the Special Tax upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD as determined by the City.
"Administrator" shall mean the person or firm designated by the City to administer the Special Tax according to the Rate and Method of Apportionment. "Assessor Parcel" means a lot or parcel with an assigned County Assessor's Parcel number show on a County Assessor's Parcel Map.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-01
(Maintenance Services)
"Annual Special Tax Escalation" means an annual increase in the Maximum Special Tax following the Base Year, an amount not to exceed the increase in CPI for the month of February.
"Authorized Services" means the services authorized to be funded by CFD No. 2015- 01, as set forth in the documents Adopted by the City Council when the CFD was formed.
"Base Year" means Fiscal Year 2016/2017.
"CFD" means the City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services).
"City" means the City of Oakdale.
"City Council" means the City Council of the City of Oakdale, acting as the legislative body of the CFD.
"Condominium Property" means any Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Unit that share common walls and are offered for sale to the general public, including such structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
"County" means Stanislaus County.
"Developed Property" means, in any fiscal year, all parcels of Taxable Property in the CFD for which a building permit for new construction was issued by June 30 of the preceding fiscal year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section D below that can be levied on Taxable Property in any fiscal year. "Multi-Family Residential Property" means any parcel of Developed Property for which a building permit was issued for construction of a residential structure with units that are offered for rent to the general public.
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-01
(Maintenance Services)
"Non-Residential Property" means any parcel of Developed Property within the CFD that is not a Multi-Family Residential Property, Single Family or Condominium Property.
"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levied in any fiscal year to the Maximum Special Tax authorized to be levied in that fiscal year is equal for all Assessor Parcels of Developed Property. "Public Property" means any property within the CFD owned by the United States of America, the State of California, the County, the City, or other public agencies. "Rate and Method" means the rate and method of apportionment of Special Tax as described herein.
"Services" means the services authorized to be financed, in whole or in part, by the Special Taxes levied in the CFD. Please see "Description of Services" below. "Single Family Residential Property" means any Developed Property for which a building permit was issued for construction of a Unit without a common wall with another Unit.
"Special Tax" means any tax levied in the CFD pursuant to the Rate and Method. "Special Tax Requirement" means the amount of revenue needed in any fiscal year to pay for the following: (i) Authorized Services, maintenance services and capital reserves authorized to be funded by the CFD, (ii) Administrative Expenses, (iii) amount needed to cure any delinquencies in the payment of Special Taxes, which have occurred in the prior fiscal year or, based on existing delinquencies in the payment of Special Taxes, are expected to occur in the fiscal year in which the tax will be collected. "Taxable Property" means any Assessor Parcel within the CFD which is not exempt from the Special Tax pursuant to applicable law or Section F below. "Undeveloped Property" means, in any fiscal year, all parcels of Taxable Property in the CFD for which a building permit for new construction was not issued by June 1 of the preceding fiscal year.
"Unit" means an individual single-family detached unit, or an individual attached residential unit within a duplex, triplex, four-plex, townhome, condominium, or apartment structure.
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-01
(Maintenance Services)
SECTION B- DATA COLLECTION FOR ANNUAL TAX LEVY
On or about July 1 of each fiscal year, the Administrator shall identify the current Assessor Parcel numbers of all Taxable Property. The Administrator shall also determine: (i) whether each Assessor Parcel is Developed Property; (ii) for Developed Property, which Assessor Parcels are Single Family Residential Property, Multi-Family Residential Property, Condominium Property or Non-Residential Property, and (iii) the Special Tax Requirement.
SECTION C-MAXIMUM SPECIAL TAX
1. Special Tax Rates
Each annexation to the district will have an establish maximum special tax for the base year, at the time of annexation, based on the improvements to be maintained by the CFD.
2. Special Tax Increases
The Maximum Special Tax established in the Base Year for each property type shall be adjusted annually by the Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers ("CPI"), for the month of February, for the San Francisco/Oakland/San Jose area.
SECTION D- METHOD OF APPORTIONMENT OF SPECIAL TAX LEVY
Each fiscal year, the Special Tax shall be levied on all parcels of Developed Property as shown in the table above.
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-01
(Maintenance Services)
SECTION E -COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, specifically through a direct billing.
A Special Tax shall continue to be levied and collected within the CFD to fund the annual Special Tax Requirement in perpetuity.
SECTION F- EXEMPTIONS
Notwithstanding any other provision of this Rate and Method, no Special Tax shall be levied on Public Property, except as otherwise provided in the Act.
SECTION G- FORMULA FOR THE PREPAYMENT OF THE SPECIAL TAX:
The SpecialTax may not be prepaid.
SECTION H -INTERPRETATION
The Administrator may interpret this Rate and Method as necessary to clarify any inconsistency, vagueness, or ambiguity.
SECTION I- APPEALS
Appeals of any claim of incorrect computation of Special Tax or application of this Rate and Method may be made by the owner of an Assessor Parcel or such owner's dulyauthorized representative by filing a written notice of appeal with the Administrator not later than on calendar year after having paid the disputed Special Tax. The Administrator shall promptly review the appeal and if necessary, meet with the property owner (or representative), consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator's decision, the owner may then file a written appeal with the Council, whose decision shall be final. If the decision of the Administrator or the Council requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years' Special Tax levies, but an adjustment shall be made to the next Special Tax levy as appropriate. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT NO. 2015-01
(Maintenance Services)
DESCRIPTION OF SERVICES
The City of Oakdale Community Facilities District No. 2015-01 (Maintenance Services) will levy an Annual Special Tax within the area for the purposes of providing funding for public services including, streets, street lights, storm drain facilities, treatment of storm water run-off and landscape maintenance. Funding will also include the costs of personnel, equipment replacement, maintenance, and professional contract services and services related thereto, including collection and accumulation of funds to pay for anticipated operating cost shortfalls and reserves for repair and replacement of improvements and equipment.
CFD MAINTENANCE COSTS Whispering Oaks Subdivision
SURFACE IMPROVEMENTS: Old Stockton Road Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostAC Paving 8,214 SF Crack Seal 3 $0.02 $164.28 14 $2,299.92 Surry Seal 6 $0.35 $2,874.90 6 $17,249.40Overlay 24 $1.50 $12,321.00 1 $12,321.00Remove & Replace 48 $6.00 $49,284.00 1 $49,284.00 $81,154.32 $1,690.72 Curb & Gutter 354 LF Spot Repair 9 5% $531.00 4 $2,124.00 Remove & Replace 48 $30.00 $10,620.00 1 $10,620.00 $12,744.00 $265.50 Sidewalks 1,770 SF Spot Repair 9 5% $619.50 4 $2,478.00 Remove & Replace 48 $7.00 $12,390.00 1 $12,390.00 $14,868.00 $309.75 Ramps 0 EA Remove & Replace 24 $3,000.00 $0.00 2 $0.00 $0.00 $0.00Street Lights 2 EA Replace Bulb 12 $500.00 $1,000.00 3 $3,000.00 Remove & Replace 48 $5,000.00 $10,000.00 1 $10,000.00 $13,000.00 $270.83 SUBTOTAL $121,766.32 $2,536.80
50% REDUCTION FOR COLLECTOR STREET ‐$60,883.16 ‐$1,268.40 ADJUSTED SUBTOTAL $60,883.16 $1,268.40
STORM DRAIN: Old Stockton Road Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostManholes 1.0 EA Grout joints 8 $400.00 $400.00 5 $2,000.00 Remove & Replace 48 $5,000.00 $5,000.00 1 $5,000.00 $7,000.00 $145.83 Catch Basins 1 EA Grout joints 8 $400.00 $400.00 5 $2,000.00 Remove & Replace 48 $3,500.00 $3,500.00 1 $3,500.00 $5,500.00 $114.58 12" Lateral Pipe 22 LF Remove & Replace 96 $50.00 $1,100.00 1 $1,100.00 $1,100.00 $11.46 15" to 18" Storm Pipe 504 LF Remove & Replace 96 $65.00 $32,760.00 1 $32,760.00 $32,760.00 $341.25 36" Storm Pipe 222 LF Remove & Replace 96 $120.00 $26,640.00 1 $26,640.00 $26,640.00 $277.50 SUBTOTAL $73,000.00 $890.63
50% REDUCTION FOR COLLECTOR STREET ‐$36,500.00 ‐$445.31 ADJUSTED SUBTOTAL $36,500.00 $445.31
The purpose of these calculations are to establish the annual cost to maintain the facilities that will be in the CFD for this project. It includes half of the pavement (from centerline to lip of gutter) and frontage improvements (street lights, sidewalk, curb & gutter, and storm drain catch basins and laterals) on Old Stockton Road fronting the property, half of the manholes and storm drain in Old Stockton Road fronting the property, curb & gutter, sidewalk, pavement, street lights, & storm drain facilities on all new interior streets proposed with this project.
Prepared by City Engineer 12/10/2022 1 of 3
CFD MAINTENANCE COSTS Whispering Oaks Subdivision
SURFACE IMPROVEMENTS: Interior Streets Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostAC Paving 53,739 SF Crack Seal 3 $0.02 $1,074.78 14 $15,046.92 Surry Seal 6 $0.35 $18,808.65 6 $112,851.90Overlay 24 $1.50 $80,608.50 1 $80,608.50Remove & Replace 48 $6.00 $322,434.00 1 $322,434.00 $530,941.32 $11,061.28 Curb & Gutter 2,481 LF Spot Repair 9 5% $3,721.50 4 $14,886.00 Remove & Replace 48 $30.00 $74,430.00 1 $74,430.00 $89,316.00 $1,860.75 Sidewalks 9,924 SF Spot Repair 9 5% $3,473.40 4 $13,893.60 Remove & Replace 48 $7.00 $69,468.00 1 $69,468.00 $83,361.60 $1,736.70 Ramps 5 EA Remove & Replace 24 $3,000.00 $15,000.00 2 $30,000.00 $30,000.00 $1,250.00Street Lights 5 EA Replace Bulb 12 $500.00 $2,500.00 3 $7,500.00 Remove & Replace 48 $5,000.00 $25,000.00 1 $25,000.00 $32,500.00 $677.08 SUBTOTAL $766,118.92 $16,585.81
STORM DRAIN: Interior Streets Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost Cost Manholes 4 EA Grout joints 8 $400.00 $1,600.00 5 $8,000.00 Remove & Replace 48 $5,000.00 $20,000.00 1 $20,000.00 $28,000.00 $583.33 Catch Basins 8 EA Grout joints 8 $400.00 $3,200.00 5 $16,000.00 Remove & Replace 48 $3,500.00 $28,000.00 1 $28,000.00 $44,000.00 $916.67 12" Storm Pipe 116 LF Remove & Replace 96 $50.00 $5,800.00 1 $5,800.00 $5,800.00 $60.42 18" Storm Pipe 513 LF Remove & Replace 96 $65.00 $33,345.00 1 $33,345.00 $33,345.00 $347.34 SUBTOTAL $111,145.00 $1,907.76
Prepared by City Engineer 12/10/2022 2 of 3
CFD MAINTENANCE COSTS Whispering Oaks Subdivision
OPERATING COSTS Freq. Unit Application No. Life Cycle Life Cycle Annual Description Quantity Unit Treatment (yrs) Cost Cost Appl. Cost Total Cost CostOld Stockton Rd 0.07 mi. Street Sweeping 1 $12.50 $0.84 1 n/a n/a $0.84 Street Lights 2 EA Electrical Costs 1 $60.00 $120.00 1 n/a n/a $120.00Manholes 1.0 EA Clean out debris 1 $50.00 $50.00 1 n/a n/a $50.00Catch Basins 1 EA Clean out debris 1 $50.00 $50.00 1 n/a n/a $50.0012" Lateral Pipe 22 LF Clean out debris 1 $0.75 $16.50 1 n/a n/a $16.50 15" to 18" Storm Pipe 504 LF Clean out debris 1 $0.75 $378.00 1 n/a n/a $378.00 36" Storm Pipe 222 LF Clean out debris 1 $0.75 $166.50 1 n/a n/a $166.50 Interior Streets 0.47 mi. Street Sweeping 1 $25.00 $11.75 1 n/a n/a $11.75 Street Lights 5 EA Electrical Costs 1 $120.00 $600.00 1 n/a n/a $600.00Manholes 4 EA Clean out debris 1 $100.00 $400.00 1 n/a n/a $400.00Catch Basins 8 EA Clean out debris 1 $100.00 $800.00 1 n/a n/a $800.0012" Storm Pipe 116 LF Clean out debris 1 $1.50 $174.00 1 n/a n/a $174.00 18" Storm Pipe 513 LF Clean out debris 1 $1.50 $769.50 1 n/a n/a $769.50 Annual Administration 1 EA 1 $5,000.00 $5,000.00 1 n/a n/a $5,000.00 SUBTOTAL $8,537.09
TOTAL ANNUAL ASSESSMENT: $28,744.37
Number or Residential Units: 37
Annual Assessment Per Unit: $776.87
Monthly Assessment Per Unit: $64.74
Prepared by City Engineer 12/10/2022 3 of 3
OLD STOCKTON ROAD CLOVERLAND WAY
RIVER BLUFF DRIVE
HILL ROAD
SKY VIEW
DRIVE
CLOVERLAND WAY WALNUT PARK ESTATES
AMENDED MAP RIVERVIEW ESTATES APN:
064-002-027
6.24 AC
APN:
064-002-035
1.608 AC
ANNEXATION NO. 1
BOUNDARY MAP
CITY OF OAKDALE
COMMUNITY FACILITIES DISTRICT 2015-01
MAINTENANCE SERVICES
334 S. YOSEMITE AVEnue, SUITE D
OAKDALE, CA 95361
(209) 845-9175 (209) 845-9177 (FAX)
CITY OF OAKDALE, COUNTY OF STANISLAUS,
STATE OF CALIFORNIA
SCALE 1"=100' AUGUST 2022
SHEET 1 OF 1
VICINITY MAP
FORMATION
(PROJECT AREA) Stanislaus River
Cloverland
Way
2022
BY:
PRINT NAME:
DEPUTY RECORDER
COUNTY RECORDER OF
STANISLAUS COUNTY, CALIFORNIA
DONNA LINDER
FILED THIS DAY OF , , AT__________ O'CLOCK_______
FEE: $
RECORDER'S STATEMENT:
INSTRUMENT NO:
CITY CLERK'S STATEMENT:
CITY CLERK'S CERTIFICATE:
BOUNDARY LINE OF PROPOSED ANNEXATION
LEGEND: ATTACHMENT C
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date:
To:
From:
Reviewed by:
Subject:
December 19, 2022
Mayor and City Council
Patrick Mondragon, Assistant to the City Manager
Bryan Whitemyer, City Manager
Consider a Resolution Approving the Addition of One New Full-Time, NonLLMD Parks Maintenance Worker I Position in the Parks Maintenance Division
I. Background / Discussion
The City of Oakdale Parks Division is split into two areas; the Lighting and Landscape Maintenance Districts (LLMD) and non-LLMD parks maintenance.
In FY 2007/2008 the City of Oakdale had 10 full-time Parks Maintenance Workers assigned to maintain the non-LLMD park areas. During the great recession significant budget reductions were made and the staff assigned to non-LLMD parks maintenance was reduced from 10 full-time positions to one full-time position and one part-time position.
Non-LLMD park employees are responsible for the park maintenance of every park facility outside of the LLMD, which includes (but not limited to) Kerr Park, Dorada Park, Cottleswood Park, Wood Park, Gilbert Park, Fish Park, and the Oakdale Community Park.
These employees have done their best to maintain these parks but they are not able to maintain those areas to the same level as they were previously. This is not surprising when you factor that those 10 full-time employees would work approximately 20,800 hours annually where one full-time and one part-time position works approximately 3,744 hours annually.
Additionally, the park and landscape areas they maintain have expanded since 2008. The Oakdale Community Park was added to the park system in 2017 and the landscaping associated with the Third Avenue Rehabilitation project will be completed in early 2023.
There is a great need for additional Parks Maintenance Worker positions and the City could easily justify the hiring of 6 new employees, if not for budgetary constraints. We are falling behind on the maintenance of our non-LLMD park areas and need to hire an additional Parks Maintenance Worker. This will not get us to the pre-great recession levels but it will enable us to better maintain our park facilities.
AGENDA ITEM 11.3
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT (CONTINUED)
If approved, this action does not create a new position classification but authorizes the hiring of an additional employee who will work under the Parks Maintenance Worker 1 classification with a Salary Range of 13. The salary and benefits associated with this position will be the same as other Maintenance Worker positions in the City of Oakdale.
This position will fall under the Oakdale Miscellaneous Employee Bargaining Unit (OMEBU).
II. Fiscal Impacts
The Salary Range for this position is Range 13. This Range is $40,070.16 - $47,927.64 per year. Funding for this position is available in the Parks Maintenance Fund, Fund 110 (General Fund).
III. Recommendation
Staff recommends that the City Council approve and authorize the hiring of an additional Full-Time, Non-LLMD Parks Maintenance Worker I employee to be funded from Fund 110 General Fund – Parks Maintenance.
IV. Attachments
a. Draft Resolution
b. Job Description
c. Salary Range
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-____
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL APPROVING
THE ADDITION OF ONE NEW FULL-TIME, NON LLMD PARKS MAINTENANCE WORKER I POSITION WHEREAS, the City of Oakdale Parks Division is split into two areas; the Lighting and Landscape Maintenance Districts (LLMD) and non-LLMD parks maintenance; and WHEREAS, in FY 2007/2008 the City of Oakdale had 10 full-time Parks Maintenance Workers assigned to maintain the non-LLMD park areas and during the great recession significant budget reductions were made and the staff assigned to non-LLMD parks maintenance was reduced from 10 full-time positions to one full-time position and one part-time position; and WHEREAS, non-LLMD park employees are responsible for the park maintenance of every park facility outside of the LLMD, which includes (but not limited to) Kerr Park, Dorada Park, Cottleswood Park, Wood Park, Gilbert Park, Fish Park, and the Oakdale Community Park; and WHEREAS, these employees have done their best to maintain these parks but they are not able to maintain those areas to the same level as they were previously; and WHEREAS, the park and landscape areas they maintain have expanded since 2008 with the Oakdale Community Park being added to the park system in 2017 and the landscaping associated with the Third Avenue Rehabilitation project will be completed in early 2023; and WHEREAS, there is a great need for additional Parks Maintenance Worker positions and the City could easily justify the hiring of 6 new employees, if not for budgetary constraints and the City is falling behind on the maintenance of its non-LLMD park areas and need to hire an additional Parks Maintenance Worker; and
THE CITY COUNCIL OF THE CITY OF OAKDALE DOES HEREBY RESOLVE TO:
1. Approve the addition of one new full-time non-LLMD Parks Maintenance Worker I position to the City of Oakdale Parks Division.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED BY THE CITY COUNCIL OF THE CITY OF OAKDALE THIS 19th DAY OF DECEMBER, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Signed:
_____________________________
Cherilyn Bairos, Mayor
Attest:
____________________________
Rouze Roberts
City Clerk
Job Description
Title: Parks and Facility Maintenance Worker I Established: 01/2013 Salary Level: 13 FLSA Status:
Supervisor:
Lead Maintenance Worker – Parks
Division Supervises: None
Job Family: Parks and Facility Maintenance Seies Bargaining Unit: Miscellaneous Employees JOB SUMMARY:
Under the general supervision, performs a variety of maintenance, inspections and repair on parks, City buildings, structures, grounds, City pool, and rental facilities. Assists in the set-up of recreational activities and City events.
ESSENTIAL DUTIES AND RESPONSIBILITIES
The duties and responsibilities specified below are representative of the range of duties assigned to this class and are not intended to be an inclusive list.
• Assists and is trained in the maintenance of lawns, shrubbery, and trees including planting, watering, trimming, mowing, edging, fertilizing, and weed and pest control. • Operates trucks, mowers, and other light equipment.
• Prepares and maintains ball fields.
• Assists and is trained in the maintenance of pool facilities, including cleaning, use of chemicals to treat water, and adjustments and repairs to pool and auxiliary equipment. • Assists and is trained in basic repair, replacement and maintenance of electrical wiring, fuses, switches, motors, generators, lighting systems and other fixtures and equipment. • Assists in the preparation of areas for planting by clearing, grading, fertilizing, and watering. • Prepares areas for rock-beds and lays rock.
• Assists and is trained in the installation, operation and maintenance, and repairs of in-ground sprinkler systems.
• Assists and is trained in basic installation, maintenance, and repair of plumbing systems and a variety of plumbing fixtures such as faucets, sinks, toilets, and water heaters. • Provides custodial services for parks and facilities, including cleaning and repairing floors, restrooms, and removal of trash.
• Assists in the preparation of surfaces for painting; applies paint, varnish, shellac, enamel, or other protective finishes to various surfaces.
• Assists in pouring concrete.
• Assists and is trained in safety inspections of park amenities including playgrounds and sports facilities. • Performs preventative maintenance.
• Assists other Parks, Facility, and Recreation staff as necessary. • Interacts with the public; maintains and enforces City rules. • Assists in building shelves; constructs or repairs walls, platforms and ramps; hangs doors; finishes wood and repairs a variety of wooden objects; replaces and/or cleans windows. • Assists and is trained in operating tractors and attachments (loaders, stump cutters, brush chippers, post hole digger), power mowers, blowers, sweepers, edgers, hedge trimmers, clippers, sprayers, and other equipment or vehicles.
- Continued
• Insures the proper maintenance of equipment and tools by cleaning and checking equipment and tools after use.
• May assist in other areas of Public Works.
• Performs other related duties as assigned.
QUALIFICATIONS
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
ABILITY TO
• Perform routine building and landscape maintenance.
• Perform heavy manual labor associated with parks and facilities maintenance and repair. • Operate light power-driver equipment.
• Understand and follow written and verbal instructions. • Communicate effectively with individuals from various socioeconomic, ethnic, and cultural diverse backgrounds; and establish and maintain effective working relationships with those contacted in the course of work.
• Wear a City provided uniform; protective equipment such as self-contained breathing apparatus; and trim facial hair to ensure proper fit of self-contained breathing apparatus.
KNOWLEDGE OF
• Methods, techniques, materials, and tools used in parks and facilities maintenance, building and landscape maintenance, and repair.
• Operation of trucks, mowers and other light equipment. • Operational characteristics, capabilities and maintenance requirements of power-driven maintenance equipment.
• Laws and City of Oakdale ordinances relating to equipment operation; and safety laws, practices and principles relating to equipment operation and maintenance. • Rules, regulations, policies, and operating procedures for the City of Oakdale.
EDUCATION and/or EXPERIENCE
High school diploma or general education degree (GED); one (1) year full-time work experience in the areas of professional general building and facility maintenance, and/or professional landscape maintenance.
LANGUAGE SKILLS
Ability to read and comprehend simple instructions, short correspondence, and memos. Ability to write simple correspondence. Ability to effectively present information in one-on-one and small group situations.
MATHEMATICAL SKILLS
Ability to add, subtract, multiply, and divide in all units of measure, using whole numbers, common fractions, and decimals. Ability to compute rate, ratio, and percent and to draw and interpret bar graphs. - Continued
REASONING ABILITY
Ability to apply common sense understanding to carry out detailed but uninvolved written or oral instructions.
Ability to deal with problems involving a few concrete variables in standardized situations.
WORK ENVIRONMENT AND PHYSICAL DEMANDS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
The time spent performing the duties of this job the employee is regularly exposed to outside weather conditions.
The employee is frequently exposed to moving mechanical parts. The employee is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, and toxic or caustic chemicals. The noise level in the work environment is usually loud.
AGENDA ITEM 11.4
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date:
To:
From:
Subject:
Monday, December 19
th
, 2022
Mayor Bairos and Members of the City Council
Jerry Ramar, Chief of Police
Consideration of a resolution authorizing staff to accept thirty (30) axon body-worn cameras, necessary hardware, warranty, and thirtythree licenses to evidence.com for digital storage, and enter into a new five-year contract with axon enterprise, inc., in the total amount of $147,908.92 with divided annual payments of $29,581.80 the first year and $29,581.78 each additional year to be paid with funds from the police department contract services account 110-2110-425003.
I. BACKGROUND
The Oakdale Police Department implemented body-worn cameras with the deployment of cameras on all full-time uniformed police officers in November 2016. Since then, we have implemented the use of body-worn cameras on all officers. The Police Department has been under contract with Axon Enterprises, Inc. of Scottsdale, Arizona, since then, with a renewal in December 2019. City Council approved the prior two contracts on June 6, 2016 (Resolution 2016-57) and December 19, 2019 (Resolution 2019-143). This contract is due to expire, and Staff is requesting that we continue our partnership with Axon Enterprises, Inc. with another five-year contract. This contract will provide the police department with thirty new Axon Body-worn Cameras, plus necessary hardware, warranty, and thirty-three licenses to Evidence.com. The total cost of the five-year plan is $147,908.92, with divided annual payments of $29,581.80 in year one and $29,581.78 in each remaining year. This cost was anticipated and budgeted into the FY22/23 Budget.
II. DISCUSSION
When the police department first entered into a contract with Axon Enterprises, Inc., we equipped twenty-one uniformed officers with cameras. Since that time, additional positions have been added at the police department, and the staff has expanded who wears a body-worn camera in the field. The department now requires thirty body-worn cameras and thirty-three Evidence.com licenses.
For the last six years, officers at the Oakdale Police Department have been wearing body-worn cameras as part of their everyday duty uniform. The police department has established policies and procedures indicating when officers should activate their bodyworn cameras. The length of time videos are stored is determined by the classification of the call that was recorded and requirements according to state law and department policy. Since the inception of the body-worn cameras at the police department, we have stored videos on Evidence.com. Currently, the police department has over sixteen terabytes of video being stored. Each month, Evidence.com purges videos that no longer need to be held for prosecution or other reasons. Even with ongoing purging efforts, the AGENDA ITEM 11.5
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Request for authorization to accept Axon Replacement Body-worn Cameras and enter into a new five year contract with Axon Enterprises, Inc.
MEETING DATE: December 19th, 2022
net result is a continued need for additional digital storage. This storage has been accounted for in the newly drafted contract.
The most recent contract with Axon Enterprises, Inc. is due to expire in January. Staff requests authorization to continue our relationship with Axon Enterprises, Inc. and enter into another five-year contract. During the last six years, the Oakdale Police Department utilized Axon Enterprises, Inc. Body-worn Cameras. Several other agencies in Stanislaus County, including the Stanislaus County Sheriff’s Office, Modesto Police Department, Ceres Police Department, and the Stanislaus County District Attorney’s Office, are currently using Axon cameras and Evidence.com. This system gives staff the ability to disseminate and share videos with our allied agencies through a secure digital platform on Evidence.com. In the past, staff would make copies of body-worn cameras to a compact disc; then have the disc delivered by hand each morning to the District Attorney’s Office. Now, the staff can share the videos electronically within the Evidence.com platform securely and does so in a shorter time period. This has increased efficiency and frees staff time for other needs.
Research indicates body-worn cameras:
• Strengthen accountability and transparency; increase trust and communication between the police and the communities they serve.
• Assist in de-escalating conflicts, resulting in more constructive encounters between the police and community members, fewer use-of-force incidents, fewer public complaints, and reduced adjudicated complaints resulting in decreased settlements.
• Provide an inalterable audio and visual record of interactions that can capture empirical evidence during a crime, police-citizen interaction, or use-of-force incident.
Body-worn cameras have proven to be a valuable tool. Officers have successfully recorded confessions to criminal acts, DUI driver contacts, suspect apprehensions, false allegations by suspects during arrest situations, etcetera. Overall, Officers report a greater sense of security and protection against some of the unfortunate matters that the law enforcement community as a whole experience daily (false accusations, use of force allegations, etc.).
Since the deployment of body-worn cameras within the Oakdale Police Department, staff has seen a decline in citizen complaints, more efficient investigation of citizen complaints, and mitigation of liability.
III. FISCAL IMPACTS
The total cost to enter into a new five-year contract with Axon Enterprise Inc. which provides thirty Body Worn Cameras and thirty-three Evidence.com licenses, is $147,908.92. This cost is spread over five years, with one payment each year. The firstyear payment is $29,581.80. The remaining four payments will be $29,581.78. The contract includes a five-year warranty and replacing the cameras with new ones twice during the contract. Funding exists and was budgeted into the Police Department
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Request for authorization to accept Axon Replacement Body-worn Cameras and enter into a new five year contract with Axon Enterprises, Inc.
MEETING DATE: December 19th, 2022
Contract Services Account 110-2110-425003 for this purchase and continuance of the Body-worn Camera Program.
IV. RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the acceptance of thirty (30) axon body-worn cameras, necessary hardware, warranty, and thirty-three licenses to evidence.com for digital storage, and enter into a new five-year contract with axon enterprise, inc., in the total amount of $147,908.92 with divided annual payments of $29,581.80 the first year and $29,581.78 each additional year to be paid with funds from the police department contract services account 110-2110- 425003.
V. ATTACHMENTS
Attachment A: Resolution
Attachment B: Axon Enterprise, Inc. quote
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2022-__
RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL AUTHORIZING STAFF TO ACCEPT THIRTY (30) AXON BODY-WORN CAMERAS,
NECESSARY HARDWARE, WARRANTY, AND THIRTY-THREE LICENSES TO EVIDENCE.COM FOR DIGITAL STORAGE, AND ENTER INTO A NEW FIVEYEAR CONTRACT WITH AXON ENTERPRISE, INC., IN THE TOTAL AMOUNT OF $147,908.92 WITH DIVIDED ANNUAL PAYMENTS TO BE PAID WITH
FUNDS FROM THE POLICE DEPARTMENT CONTRACT SERVICES
ACCOUNT 110-2110-425003.
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, Oakdale Police Department has been under contract with Axon Enterprises Inc. for body-worn cameras and Evidence.com digital data storage for approximately six years; the current contract is going to expire; and, WHEREAS, the new contract will provide new body-worn cameras with two upgrades throughout the contract, plus necessary hardware, warranty, and thirtythree (33) Evidence.com licenses for digital data storage and management; and, WHEREAS, funding was planned for and is available in the Police Department Contract Services Account 110-2110-425003; and,
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL hereby authorizes staff to accept thirty Axon Body-worn Cameras, necessary hardware, warranty, and thirty-three licenses to Evidence.com for digital storage, and enter into a new five-year contract with Axon Enterprise, Inc. in the total amount of $147,908.92 with divided annual payments to be paid with funds from the Police Department Contract Services Account 110-2110-425003.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 19th DAY OF DECEMBER, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Rouzé Roberts, City Clerk
SIGNED:
Cherilyn Bairos, Mayor
Q-441032-44907.718DB
Issued: 12/12/2022
Quote Expiration: 12/31/2022
Estimated Contract Start Date: 01/15/2023
Account Number: 112733
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-245 N 2nd Ave Oakdale Police Dept. - CA Daniel Birt Jerry Ramar 245 N 2nd Ave 245 N 2nd Ave Phone: Phone: (209) 614-8008 Oakdale, CA 95361-3028 Oakdale, CA 95361-3028 Email: [email protected] Email: [email protected] USA USA Fax: Fax:
Email:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $10,408.78 TOTAL COST $144,572.52
ESTIMATED TOTAL W/ TAX $147,908.92 TOTAL SAVINGS $52,043.88 Payment Summary
Date Subtotal Tax Total
Dec 2022 $28,914.52 $667.28 $29,581.80
Dec 2023 $28,914.50 $667.28 $29,581.78
Dec 2024 $28,914.50 $667.28 $29,581.78
Dec 2025 $28,914.50 $667.28 $29,581.78
Dec 2026 $28,914.50 $667.28 $29,581.78
Total $144,572.52 $3,336.40 $147,908.92
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Quote Unbundled Price: $196,616.40
Quote List Price: $181,332.00
Quote Subtotal: $144,572.52
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100552 TRANSFER CREDIT - GOODS 1 $1.00 ($7,257.60) ($7,257.60) ($607.85) ($7,865.45) 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($1,049.88) ($1,049.88) ($87.90) ($1,137.78) BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 4 60 $64.01 $29.50 $29.50 $7,080.00 $592.95 $7,672.95 BWCamTAP Body Worn Camera TAP Bundle 30 60 $31.89 $28.00 $28.00 $50,400.00 $3,439.20 $53,839.20 A la Carte Hardware
AB3C AB3 Camera Bundle 30 $699.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 4 $1,495.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73682 AUTO TAGGING LICENSE 30 60 $9.00 $9.00 $16,200.00 $0.00 $16,200.00 73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 30 60 $24.00 $24.00 $43,200.00 $0.00 $43,200.00 BasicLicense Basic License Bundle 27 60 $15.00 $15.00 $24,300.00 $0.00 $24,300.00 ProLicense Pro License Bundle 5 60 $39.00 $39.00 $11,700.00 $0.00 $11,700.00 A la Carte Services
80146 VIRTUAL BODYCAM STARTER 1 $1,500.00 $0.00 $0.00 $0.00 $0.00 Total $144,572.52 $3,336.40 $147,908.92
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 33 12/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 30 12/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 1 12/15/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 33 12/15/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 4 12/15/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 4 12/15/2022 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 4 06/15/2025 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 31 06/15/2025 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 4 12/15/2027 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 31 12/15/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 27 01/15/2023 01/14/2028 Basic License Bundle 73840 EVIDENCE.COM BASIC LICENSE 27 01/15/2023 01/14/2028 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 01/15/2023 01/14/2028 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 5 01/15/2023 01/14/2028 A la Carte 73682 AUTO TAGGING LICENSE 30 01/15/2023 01/14/2028 A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 30 01/15/2023 01/14/2028 Services
Bundle Item Description QTY
A la Carte 80146 VIRTUAL BODYCAM STARTER 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 4 12/15/2023 01/14/2028 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 30 12/15/2023 01/14/2028 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 1 12/15/2023 01/14/2028
Payment Details
Dec 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100552 TRANSFER CREDIT - GOODS 1 ($1,451.52) ($121.57) ($1,573.09) Year 1 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($209.96) ($17.58) ($227.54) Year 1 73682 AUTO TAGGING LICENSE 30 $3,240.00 $0.00 $3,240.00 Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 30 $8,640.00 $0.00 $8,640.00 Year 1 80146 VIRTUAL BODYCAM STARTER 1 $0.00 $0.00 $0.00 Year 1 AB3C AB3 Camera Bundle 30 $0.00 $0.00 $0.00
Year 1 AB3MBD AB3 Multi Bay Dock Bundle 4 $0.00 $0.00 $0.00 Year 1 BasicLicense Basic License Bundle 27 $4,860.00 $0.00 $4,860.00 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 4 $1,416.00 $118.59 $1,534.59 Year 1 BWCamTAP Body Worn Camera TAP Bundle 30 $10,080.00 $687.84 $10,767.84 Year 1 ProLicense Pro License Bundle 5 $2,340.00 $0.00 $2,340.00 Total $28,914.52 $667.28 $29,581.80
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100552 TRANSFER CREDIT - GOODS 1 ($1,451.52) ($121.57) ($1,573.09) Year 2 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($209.98) ($17.58) ($227.56) Year 2 73682 AUTO TAGGING LICENSE 30 $3,240.00 $0.00 $3,240.00 Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 30 $8,640.00 $0.00 $8,640.00 Year 2 80146 VIRTUAL BODYCAM STARTER 1 $0.00 $0.00 $0.00 Year 2 AB3C AB3 Camera Bundle 30 $0.00 $0.00 $0.00
Year 2 AB3MBD AB3 Multi Bay Dock Bundle 4 $0.00 $0.00 $0.00 Year 2 BasicLicense Basic License Bundle 27 $4,860.00 $0.00 $4,860.00 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 4 $1,416.00 $118.59 $1,534.59 Year 2 BWCamTAP Body Worn Camera TAP Bundle 30 $10,080.00 $687.84 $10,767.84 Year 2 ProLicense Pro License Bundle 5 $2,340.00 $0.00 $2,340.00 Total $28,914.50 $667.28 $29,581.78
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100552 TRANSFER CREDIT - GOODS 1 ($1,451.52) ($121.57) ($1,573.09) Year 3 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($209.98) ($17.58) ($227.56) Year 3 73682 AUTO TAGGING LICENSE 30 $3,240.00 $0.00 $3,240.00 Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 30 $8,640.00 $0.00 $8,640.00 Year 3 80146 VIRTUAL BODYCAM STARTER 1 $0.00 $0.00 $0.00 Year 3 AB3C AB3 Camera Bundle 30 $0.00 $0.00 $0.00
Year 3 AB3MBD AB3 Multi Bay Dock Bundle 4 $0.00 $0.00 $0.00 Year 3 BasicLicense Basic License Bundle 27 $4,860.00 $0.00 $4,860.00 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 4 $1,416.00 $118.59 $1,534.59 Year 3 BWCamTAP Body Worn Camera TAP Bundle 30 $10,080.00 $687.84 $10,767.84 Year 3 ProLicense Pro License Bundle 5 $2,340.00 $0.00 $2,340.00 Total $28,914.50 $667.28 $29,581.78
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100552 TRANSFER CREDIT - GOODS 1 ($1,451.52) ($121.57) ($1,573.09) Year 4 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($209.98) ($17.58) ($227.56) Year 4 73682 AUTO TAGGING LICENSE 30 $3,240.00 $0.00 $3,240.00 Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 30 $8,640.00 $0.00 $8,640.00 Year 4 80146 VIRTUAL BODYCAM STARTER 1 $0.00 $0.00 $0.00 Year 4 AB3C AB3 Camera Bundle 30 $0.00 $0.00 $0.00
Year 4 AB3MBD AB3 Multi Bay Dock Bundle 4 $0.00 $0.00 $0.00 Year 4 BasicLicense Basic License Bundle 27 $4,860.00 $0.00 $4,860.00 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 4 $1,416.00 $118.59 $1,534.59 Year 4 BWCamTAP Body Worn Camera TAP Bundle 30 $10,080.00 $687.84 $10,767.84 Year 4 ProLicense Pro License Bundle 5 $2,340.00 $0.00 $2,340.00 Total $28,914.50 $667.28 $29,581.78
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100552 TRANSFER CREDIT - GOODS 1 ($1,451.52) ($121.57) ($1,573.09) Year 5 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($209.98) ($17.58) ($227.56) Year 5 73682 AUTO TAGGING LICENSE 30 $3,240.00 $0.00 $3,240.00 Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 30 $8,640.00 $0.00 $8,640.00 Year 5 80146 VIRTUAL BODYCAM STARTER 1 $0.00 $0.00 $0.00 Year 5 AB3C AB3 Camera Bundle 30 $0.00 $0.00 $0.00
Year 5 AB3MBD AB3 Multi Bay Dock Bundle 4 $0.00 $0.00 $0.00 Year 5 BasicLicense Basic License Bundle 27 $4,860.00 $0.00 $4,860.00 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 4 $1,416.00 $118.59 $1,534.59 Year 5 BWCamTAP Body Worn Camera TAP Bundle 30 $10,080.00 $687.84 $10,767.84 Year 5 ProLicense Pro License Bundle 5 $2,340.00 $0.00 $2,340.00 Total $28,914.50 $667.28 $29,581.78