CITY OF OAKDALE
CITY COUNCIL
REGULAR MEETING AGENDA
City Council Chambers
277 North Second Avenue
Oakdale, CA 95361
“Cowboy Capital of the World”
Monday, March 20, 2023 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.
Mayor Cherilyn Bairos
Mayor Pro Tem Christopher Smith Council Member Bob Amaral Council Member Fred Smith 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 Jeff Holder of the Community United Methodist Church.
5. Presentations/Acknowledgements
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 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.
8. Appointment to Boards, Commissions, Committees
9. City Council Consent Agenda
The consent agenda is comprised of Items 9.1 through 9.7. 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 March 6, 2023.
9.2 Receive and file the Warrant List for the period February 28, 2023 - March 9, 2023.
9.3 Waive all readings of Ordinances and Resolutions, except by Title.
9.4 Approve by Minute Order, Tree Removal Request One (1) Oak Tree Located at 116 Woods Creek Drive.
CITY OF OAKDALE
CITY COUNCIL
REGULAR MEETING AGENDA
Monday, March 20, 2023
Next City Council Resolution: 2023-028 Next Ordinance: 1284
9.5 Approve by Minute Order, Tree Removal Request One (1) Oak Tree Located at 1051 East C Street.
9.6 By Minute Order, Reject Claim for Damages by Jeremiah Blasengym.
9.7 By Minute Order, Reject Claim for Damages by Nina Wright.
10. Public Hearings
10.1 Introduce and Waive the First Reading of an Ordinance Amending Chapter 7 Building Codes, Administration and Enforcement and Systems Development Charges of the Oakdale Municipal Code Adopting the 2022 Building Code with Local Amendments. (Public Hearing Notice published in the Oakdale Leader on March 8, 2023.) Recommended Action: Repeal Ordinance 1269, introduce and waive the first reading of the proposed Ordinance Adopting the 2022 Building Code with local amendments.
11. Staff Reports
11.1 Consider a Resolution Authorizing the City Manager to execute a Contract with Halcyon Creek, Inc. dba Mid Valley IT for Information Technology Support Services.
Recommended Action: Adopt a Resolution authorizing the City Manager to execute a Contract with Halcyon Creek Inc., dba Mid Valley IT for Information Technology Support Services.
11.2 Adopt a Resolution Accepting the 2022 Annual General Plan Progress Report and the 2022 Annual Housing Element Progress Report.
Recommended Action: Adopt a Resolution accepting the 2022 Annual General Plan Progress Report and the 2022 Annual Housing Element Progress Report and direct staff to submit the report to appropriate State Agencies.
12. City Manager’s Report
13. City Council Items
13.1 Adopt a Resolution Nominating a Candidate for Appointment to the Governing Board of the San Joaquin Valley Air Pollution Control District – Stanislaus County Seat Recommended Action: Adopt a Resolution nominating a candidate to the Special City Selection Committee for appointment to serve on the Governing Board of the San Joaquin Valley Air Pollution Control District – Stanislaus County Seat.
14. Adjournment
The next Regular meeting of the Oakdale City Council will be held Monday, April 3, 2023 at 7:00 p.m. in the City Council Chambers.
CITY OF OAKDALE
CITY COUNCIL
REGULAR MEETING AGENDA
Monday, March 20, 2023
Next City Council Resolution: 2023-028 Next Ordinance: 1284 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, March 20, 2023 at the City Council Chambers, 277 North Second Avenue, Oakdale, CA, 95361 on Monday, March 13, 2023.
Dated: March 13, 2023 /s/ Colleen Andersen
Colleen Andersen, Deputy City Clerk
Council Services and Legislative Records Manager
CITY OF OAKDALECITY COUNCIL
REGULAR MEETING MINUTES
City Council Chambers
277 North Second Avenue
Oakdale, CA 95361
“Cowboy Capital of the World”
Monday, March 6, 2023 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 Gilbert
Council Member Amaral
Staff Present: City Manager Bryan Whitemyer
` City Attorney Tom Hallinan
Finance Director Albert Avila
Public Services Director Jeff Gravel
Public Works Superintendent Roberts
Chief of Police Jerry Ramar
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 Mike Brandow with The River Christian Community offered the invocation.
5. Presentations/Acknowledgements
5.1 Recognizing Oakdale Junior High School Color Guard on capturing First Place for their performance Prison Break at the 2023 Season Opener Competition.
Mayor Bairos and the Members of the City Council acknowledged the Oakdale Junior High School Color Guard.
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.
Jacob Faulder invited the City Council to the swearing in ceremony for Senator Alvarado-Gil on Thursday, March 16th from 5:30 p.m. – 7:00 p.m. at the Modesto Irrigation District Boardroom.
Yvonne Yeagers with the Oakdale Library provide a summary of events and activities.
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, March 6, 2023
Next City Council Resolution: 2023-025 Next Ordinance: 1284
8. Appointment to Boards, Commissions, Committees
9. City Council Consent Agenda
The consent agenda is comprised of Items 9.1 through 9.4. 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 February 21, 2023.
9.2 Receive and file the Warrant List for the period February 14, 2023 - February 27, 2023.
9.3 Waive all readings of Ordinances and Resolutions, except by Title.
9.4 By Minute Order, Reject Claim by Rochelle Gerber.
MOTION
To approve the City of Oakdale City Council March 6, 2023, Consent Agenda.
Moved by Mayor Pro Tem Smith, and seconded by Council Member Smith and PASSED AND ADOPTED this 6th day of March 2023, by the following vote:
AYES: COUNCIL MEMBERS: C. Smith, F. Smith, Gilbert, 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
10.1 Consider a Resolution for the Annexation of Territory to City of Oakdale Community Facilities District No. 2007-1 (Public Safety Services), Annexation No. 19 for the East F Street Apartments, APN 064-043-018.
Recommended Action: 1) Open the Public Hearing and take Public Comment, 2) Close the Public Hearing, 3) Adopt a Resolution approving the annexation of additional territory to City of Oakdale Community Facilities District No. 2007-1, 4) Adopt a Resolution declaring the results of the Special Annexation and authorizing the recording of an Amended Notice of Special Tax Lien for the East F Street Apartments (Annexation No. 19).
Finance Director Avila provided a PowerPoint Presentation.
Staff responded to questions from the City Council.
Mayor Bairos opened the public hearing.
With no public comment, Mayor Bairos closed the public hearing and brought the item back to the City Council and asked the City Clerk to announce the results from the property owner vote.
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, March 6, 2023
Next City Council Resolution: 2023-025 Next Ordinance: 1284 Deputy City Clerk Andersen announced the City received 100% in favor of the vote for the area of annexation.
Mayor Bairos asked the Council if there was any further discussion and asked for a motion to be made for this item.
MOTION
1) Adopt City of Oakdale City Council Resolution 2023-025, Approving 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 for Annexation No. 19.
2) Adopt City of Oakdale City Council Resolution 2023-026, Declaring results of Special Ann exaton 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. 19.
Moved by Mayor Pro Tem Smith, and seconded by Council Member Smith and PASSED AND ADOPTED this 6th day of March 2023, by the following vote:
AYES: COUNCIL MEMBERS: C. Smith, F. Smith, Gilbert, Bairos (4) NOES: COUNCIL MEMBERS: Amaral (1)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAINED: COUNCIL MEMBERS:None (0)
Motion carried 4/1 by City Council roll call vote.
11. Staff Reports
11.1 Consider a Resolution Authorizing the City Manager to enter into an Agreement with Tesco Controls to provide and install Supervisory Control and Data Acquisition (SCADA) System Upgrades at the Waste Water Treatment Plant, Sewer Collections and Water Distribution Systems in the amount of $754,350.00 and a 5% Contingency in the amount of $37,500.00 for a total cost of $791,850.00 with $591,850.00 being funded from Sewer Capital Replacement Fund 621 and $200,000.00 from Water Capital Replacement Fund 644.
Public Works Superintendent Roberts provided a PowerPoint Presentation.
Staff responded to questions from the City Council.
Mayor Bairos opened the item for public comment. With no public comment, Mayor Bairos brought the item back to the City Council and asked for a motion to be made on this item.
MOTION
Adopt City of Oakdale City Council Resolution 2023-027, Authorizing the City Manager to enter into an Agreement with Tesco Controls Inc. to provide an install Supervisory Control and Data Acquisition (SCADA) system upgrades at the Waste Water Treatment Plant, Sewer Collections System and Water Distribution System in the amount of
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, March 6, 2023
Next City Council Resolution: 2023-025 Next Ordinance: 1284 $754,350.00 and a 5% contingency in the amount of $37,500.00 for a total cost of $791,850.00 with $591,580.00 being funded from Sewer Capital Replacement Fund 621 and $200,000.00 from Water Capital Replacement Fund 644.
Moved by Mayor Pro Tem Smith, and seconded by Council Member Smith and PASSED AND ADOPTED this 6th day of March 2023, by the following vote:
AYES: COUNCIL MEMBERS: C. Smith, F. Smith, Gilbert, 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.
12. City Manager’s Report
City Manager Whitemyer
13. City Council Items
Mayor Pro Tem Smith thanked OakdaleARTS for beautifying the town, there is a new mural coming up near the Community Center Plaza and mentioned the Lyons Club Breakfast is on March 18th.
Council Member Gilbert made the following announcements:
• Oakdale Chamber of Commerce Banquet-March 10th at the Gene Bianchi Community Center.
• Oakdale Soroptimist will be having their Annual Motor Madness-March 25th. • Oakdale Young Professionals - March 29th at Grains of Virtue.
Council Member Smith mentioned the Oakdale Testicle Festival-March 27th at the FES Hall.
Mayor Bairos thanked everyone who made it out to the Third Avenue Grand Opening and thanks Amy Velasco for all her hard work on the event and thanks City Manager Whitemyer for all the work he did on the project. In addition, Mayor Bairos congratulated all the participants of the Soroptimist Distinguished Young Women and congratulations to the winner Gracie Miller.
Mayor Bairos also made the following announcements:
• Oakdale Chamber Ag Luncheon-March 16th 11:30-1:30.
• OHS Sports Boosters-March 18th.
• Coffee with a Cop-March 23rd.
14. Adjournment
The next Regular meeting of the Oakdale City Council will be held March 20, 2023 at 7:00 p.m. in the Council Chambers. There being no further business, Mayor Bairos adjourned the meeting at 7:48 p.m.
ATTEST: APPROVED:
CITY OF OAKDALE
CITY COUNCIL REGULAR MEETING MINUTES
Monday, March 6, 2023
Next City Council Resolution: 2023-025 Next Ordinance: 1284 Colleen Andersen, Deputy City Clerk Cherilyn Bairos, Mayor Amount
03/08/2023 0301231343 DISCOUNT CELLULAR ACCESSO152408 232‐7340‐442001 IPADS AND ACCESSORIES 21564.95 Vendor 01517 ‐ DISCOUNT CELLULAR ACCESSORIES Total: 21564.95 Vendor: 718 ‐ DEPARTMENT OF JUSTICE02/09/2023 632302 DEPARTMENT OF JUSTICE 152398 110‐2110‐425003 CLETS Quarterly Billing (Oct_N 1876.98 Vendor 718 ‐ DEPARTMENT OF JUSTICE Total: 1876.98
Vendor: 01517 ‐ DISCOUNT CELLULAR ACCESSORIES
Vendor 01488 ‐ CITY SIGNS Total: 2219.28
Vendor: 1059 ‐ COLONIAL PROCESSING CENTER03/03/2023 INV01509 COLONIAL PROCESSING CENTE152390 110‐219‐1700 COLONIAL LIFE 27.41 Vendor 1059 ‐ COLONIAL PROCESSING CENTER Total: 27.41
03/03/2023 INV01511 CITY OF OAKDALE FSA ACCOU 10554 512‐1910‐374120 CITY OF OAKDALE FSA ACCOU 932.14 Vendor 1507 ‐ CITY OF OAKDALE FSA ACCOUNT Total: 1024.45 Vendor: 01488 ‐ CITY SIGNS02/03/2023 52384 CITY SIGNS 152397 203‐2110‐441009 Installation of Vehicle Graphic 2219.28 03/03/2023 INV01506 CITY OF OAKDALE CITYHALL A 10553 110‐219‐0800 CITY OF OAKDALE CITYHALL A 44 Vendor 346 ‐ CITY OF OAKDALE CITYHALL ASSN Total: 44
Vendor: 1507 ‐ CITY OF OAKDALE FSA ACCOUNT03/03/2023 INV01510 CITY OF OAKDALE FSA ACCOU 10554 512‐1910‐374120 CITY OF OAKDALE FSA ACCOU 92.31 10/24/2022 22‐12628 CENTRAL VALLEY FIRE PROTEC152396 110‐2210‐425003 FIRE ALARM INSPECTION 281.38 11/29/2022 22‐12765 CENTRAL VALLEY FIRE PROTEC152396 117‐7440‐425003 FIRE ALARM INSPECTION 52.02 Vendor 1452 ‐ CENTRAL VALLEY FIRE PROTECTION INC Total: 1331.54 Vendor: 346 ‐ CITY OF OAKDALE CITYHALL ASSN
Vendor 01429 ‐ CENTER FOR HUMAN SERVICES Total: 1600
Vendor: 1452 ‐ CENTRAL VALLEY FIRE PROTECTION INC10/24/2022 22‐12626 CENTRAL VALLEY FIRE PROTEC152396 117‐7460‐425003 FIRE ALARM INSPECTION 554.38 10/24/2022 22‐12627 CENTRAL VALLEY FIRE PROTEC152396 117‐7440‐425003 FIRE ALARM INSPECTION 443.7603/03/2023 INV01512 CALIFORNIA STATE DISBURSEM152389 110‐219‐1900 GARNISHMENT CHILD SUPPOR 2242.04 Vendor 1361 ‐ CALIFORNIA STATE DISBURSEMENT UNIT Total: 2565.11 Vendor: 01429 ‐ CENTER FOR HUMAN SERVICES02/09/2023 4 CENTER FOR HUMAN SERVICE152395 110‐2110‐425003 Project Resolve Contribution 1600 02/13/2023 108853 ANIMAL CARE EQUIPMENT & 152394 110‐2162‐427006 Kennelsol & Leashes (Animal S 109.69 Vendor 519 ‐ ANIMAL CARE EQUIPMENT & SERVICES LLC Total: 548.41 Vendor: 1361 ‐ CALIFORNIA STATE DISBURSEMENT UNIT03/01/2023 INV01502 CALIFORNIA STATE DISBURSEM152389 110‐219‐1900 GARNISHMENT CHILD SUPPOR 323.07 Vendor 9999999 ‐ * Total: 5712.48
Vendor: 519 ‐ ANIMAL CARE EQUIPMENT & SERVICES LLC02/13/2023 108853 ANIMAL CARE EQUIPMENT & 152394 110‐2160‐427006 Kennelsol & Leashes (Animal S 219.3602/13/2023 108853 ANIMAL CARE EQUIPMENT & 152394 110‐2161‐427006 Kennelsol & Leashes (Animal S 219.36 WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 2/28/2023 - 3/9/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item)Vendor: 9999999 ‐ *02/07/2023 MID PROJECT MODESTO IRRIGATION DIST 152407 644‐4169‐442001 GREGER BASIN PROJECT 5712.48 1 of 6
AGENDA ITEM 9.2
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 2/28/2023 - 3/9/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 12/20/2022 513448 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 23.78 12/20/2022 513448 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 31.7 12/20/2022 513448 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 79.24 12/13/2022 513180 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 17.9 12/13/2022 513180 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 44.76 12/20/2022 513448 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 23.7812/13/2022 513180 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 13.4212/13/2022 513175 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 34.21 12/13/2022 513175 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 85.52 12/13/2022 513180 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 13.4212/08/2022 513002 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 41.2412/13/2022 513175 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 25.6612/13/2022 513175 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 25.6612/08/2022 513002 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 12.3812/08/2022 513002 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 12.3812/08/2022 513002 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 16.5 03/03/2023 INV01514 OPERATING ENGINEERS LOCA 152391 110‐219‐0800 UNION DUES ‐ OAKDALE POLIC 952 03/03/2023 INV01515 OPERATING ENGINEERS LOCA 152391 110‐219‐0800 UNION DUES ‐ OAKDALE MISC 544 Vendor 219 ‐ OPERATING ENGINEERS LOCAL #3 Total: 1530
Vendor: 01087 ‐ RIVER OAK VETERINARY HOSPITAL INC.03/03/2023 INV01513 OAKDALE POLICE OFFICERS AS10556 110‐219‐0900 OAKDALE PD LTD 624 Vendor 209 ‐ OAKDALE POLICE OFFICERS ASSOCIATION Total: 624 Vendor: 219 ‐ OPERATING ENGINEERS LOCAL #303/01/2023 INV01504 OPERATING ENGINEERS LOCA 152391 110‐219‐0800 UNION DUES ‐ OAKDALE POLIC 34 Vendor 208 ‐ OAKDALE POLICE OFFICERS ASSOCIATION Total: 650 Vendor: 209 ‐ OAKDALE POLICE OFFICERS ASSOCIATION02/06/2023 CM00033 OAKDALE POLICE OFFICERS AS10556 110‐219‐0900 OAKDALE PD LTD ‐19.5 03/01/2023 INV01503 OAKDALE POLICE OFFICERS AS10556 110‐219‐0900 OAKDALE PD LTD 19.5 Vendor 198 ‐ OAKDALE EMPLOYEES ASSOCIATION Total: 50
Vendor: 208 ‐ OAKDALE POLICE OFFICERS ASSOCIATION03/01/2023 INV01501 OAKDALE POLICE OFFICERS AS10557 110‐219‐0800 ASSOCIATION DUES 25 03/03/2023 INV01507 OAKDALE POLICE OFFICERS AS10557 110‐219‐0800 ASSOCIATION DUES 625 12/16/2022 0000165 LEIST AND ASSOCIATES 152409 515‐1910‐425003 PROFESSIONAL SERVICES 1591.7 Vendor 01442 ‐ LEIST AND ASSOCIATES Total: 10215.2
Vendor: 198 ‐ OAKDALE EMPLOYEES ASSOCIATION03/03/2023 INV01508 OAKDALE EMPLOYEES ASSOCI10555 110‐219‐0800 OAKDALE EMPLOYEES ASSOCI 50 Vendor 01474 ‐ JAYS TIRES Total: 5087.75
Vendor: 01442 ‐ LEIST AND ASSOCIATES11/10/2022 0000161 LEIST AND ASSOCIATES 152409 515‐1910‐425003 PROFESSIONAL SERVICES 637811/10/2022 0000162 LEIST AND ASSOCIATES 152409 515‐1910‐425003 PROFESSIONAL SERVICES 2245.5Vendor: 01474 ‐ JAYS TIRES02/13/2023 1‐5504 JAYS TIRES 152399 203‐2110‐441009 2022 Chevrolet Malibu 5087.75 1 of 6
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 2/28/2023 - 3/9/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 01/18/2023 514594 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.65 01/18/2023 514594 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.6501/17/2023 514551 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 22.1201/17/2023 514551 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 29.5 01/17/2023 514551 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 73.76 01/17/2023 514551 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 22.1201/12/2023 514349 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 11.4 01/12/2023 514349 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 15.2 01/12/2023 514349 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 38 01/09/2023 514129 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 3.2 01/09/2023 514129 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 8 01/12/2023 514349 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 11.4 01/06/2023 514096 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 35.24 01/09/2023 514129 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 2.4 01/09/2023 514129 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 2.401/06/2023 514096 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 10.58 01/06/2023 514096 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 10.5801/06/2023 514096 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 14.1 01/06/2023 514093 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 14.29 01/06/2023 514093 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 19.05 01/06/2023 514093 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 47.61 12/30/2022 513891 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 11 12/30/2022 513891 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 27.5 01/06/2023 514093 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 14.29 12/28/2022 513814 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 37 12/30/2022 513891 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 8.25 12/30/2022 513891 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 8.2512/28/2022 513814 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 11.112/28/2022 513814 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 11.112/28/2022 513814 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 14.8 12/28/2022 513760 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 17.61 12/28/2022 513760 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 23.48 12/28/2022 513760 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 58.72 12/27/2022 513721 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 29.4 12/27/2022 513721 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 73.5 12/28/2022 513760 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 17.61 12/27/2022 513719 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 73.5 12/27/2022 513721 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 22.05 12/27/2022 513721 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 22.0512/27/2022 513719 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 22.0512/27/2022 513719 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 22.0512/27/2022 513719 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 29.4 1 of 6
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 2/28/2023 - 3/9/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 01/26/2023 514970 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 53 01/26/2023 514970 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 15.9 01/26/2023 514970 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 21.2 01/25/2023 514920 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 46 01/26/2023 514970 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 15.9 01/25/2023 514920 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 13.801/25/2023 514920 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 13.801/25/2023 514920 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 18.4 01/24/2023 514866 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 11.4 01/24/2023 514866 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 15.2 01/24/2023 514866 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 38 01/24/2023 514862 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 30.4 01/24/2023 514862 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 76 01/24/2023 514866 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 11.4 01/23/2023 514814 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 46 01/24/2023 514862 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 22.8 01/24/2023 514862 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 22.801/23/2023 514814 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 13.801/23/2023 514814 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 13.801/23/2023 514814 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 18.4 01/23/2023 514803 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.35 01/23/2023 514803 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 25.8 01/23/2023 514803 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 64.5 01/20/2023 514712 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 13.9 01/20/2023 514712 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 34.76 01/23/2023 514803 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.3501/20/2023 514709 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 34.7601/20/2023 514712 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 10.4201/20/2023 514712 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 10.4201/20/2023 514709 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 10.4201/20/2023 514709 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 10.4201/20/2023 514709 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 13.9 01/20/2023 514706 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 11.4 01/20/2023 514706 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 15.2 01/20/2023 514706 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 38 01/18/2023 514596 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 34.2 01/18/2023 514596 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 85.5 01/20/2023 514706 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 11.401/18/2023 514594 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 65.501/18/2023 514596 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 25.65 01/18/2023 514596 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 25.6501/18/2023 514594 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 26.2 1 of 6
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 2/28/2023 - 3/9/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) 02/16/2023 515861 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.28 02/15/2023 515830 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 17.7 02/15/2023 515830 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 23.6 02/15/2023 515830 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 59 02/14/2023 515777 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 26.2 02/14/2023 515777 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 65.5 02/15/2023 515830 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 17.702/09/2023 515598 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 59 02/14/2023 515777 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.65 02/14/2023 515777 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.6502/09/2023 515598 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 17.7 02/09/2023 515598 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 17.702/09/2023 515598 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 23.6 02/03/2023 515347 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 11.4 02/03/2023 515347 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 15.2 02/03/2023 515347 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 38 02/02/2023 515290 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 17.1 02/02/2023 515290 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 42.76 02/03/2023 515347 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 11.4 02/02/2023 515284 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 64.502/02/2023 515290 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 12.82 02/02/2023 515290 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 12.8202/02/2023 515284 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.3502/02/2023 515284 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.3502/02/2023 515284 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 25.8 02/02/2023 515282 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.35 02/02/2023 515282 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 25.8 02/02/2023 515282 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 64.5 01/31/2023 515158 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 34.2 01/31/2023 515158 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 85.5 02/02/2023 515282 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.35 01/31/2023 515137 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 8 01/31/2023 515158 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 25.65 01/31/2023 515158 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 25.6501/31/2023 515137 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 2.4 01/31/2023 515137 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 2.401/31/2023 515137 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 3.2 01/30/2023 515122 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 3.87 01/30/2023 515122 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 14.53 01/30/2023 515122 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 46 01/30/2023 515122 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 13.8 01/30/2023 515122 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 13.8 1 of 6
Amount
WARRANT LIST
City of Oakdale, CA By Vendor Name
Payment Dates 2/28/2023 - 3/9/2023
Post Date Payable Number Vendor Name Payment Number Account Number Description (Item) Grand Total:
Vendor 01087 ‐ RIVER OAK VETERINARY HOSPITAL INC. Total: 4533.44 Vendor: 1172 ‐ THE PARKS GROUP02/06/2023 71612 THE PARKS GROUP 152406 110‐2110‐427001 Traffic Citations 1475.68 Vendor 1172 ‐ THE PARKS GROUP Total: 1475.68
62680.68
03/03/2023 514865 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 11.4 03/03/2023 514865 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 15.2 03/03/2023 514865 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 38 02/23/2023 516202 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 26.2 02/23/2023 516202 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 65.5 03/03/2023 514865 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 11.402/21/2023 516056 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 59 02/23/2023 516202 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 19.65 02/23/2023 516202 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.6502/21/2023 516056 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 17.7 02/21/2023 516056 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 17.702/21/2023 516056 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 23.6 02/17/2023 515901 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 2.1 02/17/2023 515901 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 2.8 02/17/2023 515901 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 7 02/16/2023 515888 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 8.65 02/16/2023 515888 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 21.62 02/17/2023 515901 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 2.1 02/16/2023 515862 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 173 02/16/2023 515888 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 6.48 02/16/2023 515888 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 6.4802/16/2023 515862 RIVER OAK VETERINARY HOSP152400 110‐2160‐425003 River Oak Veterinary FY 21/22 51.902/16/2023 515862 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 51.902/16/2023 515862 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 CHANGE ORDER 69.2 02/16/2023 515861 RIVER OAK VETERINARY HOSP152400 110‐2161‐425003 River Oak Veterinary FY 21/22 19.28 02/16/2023 515861 RIVER OAK VETERINARY HOSP152400 110‐2162‐425003 change order 25.7 02/16/2023 515861 RIVER OAK VETERINARY HOSP152400 742‐2160‐425003 River Oak Veterinary FY 21/22 64.24 1 of 6
AGENDA ITEM 9.3
By Motion, Waive all Readings of Ordinances and
Resolutions, except by Title.
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: March 20, 2023
To: Mayor and City Council
From: Amber Jones, Management Analyst
Reviewed by: Jeff Gravel, Public Services Director
Subject: Consideration of Tree Removal Request for One (1) Oak Tree Located 116 Woods Creek Drive
I. BACKGROUND
Linel E. Duquette (Applicant), has requested approval to remove one Oak Tree located at 116 Woods Creek Drive. Due to the species of the tree, it is subject to Oakdale’s Tree Preservation Ordinance.
Location Map
AGENDA ITEM 9.4
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
As noted above, the Subject Tree is located at 116 Woods Creek Drive on the exterior of the property, near the street and walkway to the front door of the home. See Attachment A – Tree Photographs.
II. DISCUSSION
Per the Tree Preservation Ordinance, significant trees (any tree with a diameter of 24 inches or greater at a height of 3 feet) must receive City Council approval in order to be removed.
Section 36-28(4)(D) of the City’s Tree Ordinance provides the criteria used the evaluate requests for tree removal. The removal of Significant Trees requires City Council approval prior to being removed.
The criteria in the Ordinance applicable to this request include:
(1) “The condition of the oak or significant tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.” The Subject Trees have root growth that are interfering with and damaging PG&E equipment.
(2) “The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole.”
The Subject Tree does provide shade, but does not significantly affect the City’s historical values, scenic beauty, or general welfare due to its location. The Applicant has elected to replace the tree with one (1) 30 (30) foot tall Oklahoma Redbud Tree.
III. RECOMMENDATION
Staff recommends by Minute Order that the City Council approve the request to remove the one (1) Oak Tree located at 116 Woods Creek Drive, identified in Attachment A.
IV. ATTACHMENTS
Attachment A: Tree Photographs
Attachment B: Notice of Tree Removal
Attachment C: Tree Removal Permit Application
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
Attachment A
Photographs of Tree at 116 Woods Creek Drive
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
ATTACHMENT B
NOTICE OF TREE REMOVAL
City of Oakdale
Public Services Department
455 S. 5th Avenue
(209) 845-3625
Notice of Tree
Removal Request
The Public Services Director hereby notices that the owners of this property have requested authorization to remove one tree in accordance with the City of Oakdale’s Tree Preservation Ordinance (Chapter 36-28.4). The City Council will consider this request during a public meeting. Those wishing to address the removal of this tree should attend the City Council Meeting or submit a written statement to the Public Services Department.
City Council Meeting Date: Monday, March 20 – 7:00 P.M.
Meeting Location: Council Chambers, 277 North Second Avenue Additional Information: Contact at (209) 845-3625
Tree Location: 116 Woods Creek Drive, Oakdale CA 95361
Reason for Tree Removal: Root growth is damaging foundation and walkway.
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 116 Woods Creek Drive March 20, 2023
ATTACHMENT C
TREE REMOVAL PERMIT APPLICATION
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: March 20, 2023
To: Mayor and City Council
From: Amber Jones, Management Analyst
Reviewed by: Jeff Gravel, Public Services Director
Subject: Consideration of Tree Removal Request for One (1) Oak Tree Located 1051 East C Street
I. BACKGROUND
John Halverson (Applicant), has requested approval to remove One (1) Oak Tree located at 1051 East C Street. Due to the species of the tree, it is subject to Oakdale’s Tree Preservation Ordinance.
Location Map
AGENDA ITEM 9.5
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
As noted above, the Subject Tree is located at 1051 East C Street on the exterior of the property, near the street. See Attachment A – Tree Photographs.
II. DISCUSSION
Per the Tree Preservation Ordinance, significant trees (any tree with a diameter of 24 inches or greater at a height of 3 feet) must receive City Council approval in order to be removed.
Section 36-28(4)(D) of the City’s Tree Ordinance provides the criteria used the evaluate requests for tree removal. The removal of Significant Trees requires City Council approval prior to being removed.
The criteria in the Ordinance applicable to this request include:
(1) “The condition of the oak or significant tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for a plant, pest or disease endangering other species of trees or plants with infection or infestation.” The Subject Trees have root growth that are interfering with and damaging City Water Utilities.
(2) “The number, species, size and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty and the general welfare of the City as a whole.”
The Subject Tree does provide shade, but does not significantly affect the City’s historical values, scenic beauty, or general welfare due to its location. The tree’s root growth is damaging the sidewalk and interfering with power lines. The Applicant has elected to replace the tree with one (1) Oklahoma Redbud Tree, which reaches 30 feet tall at full maturity.
III. RECOMMENDATION
Staff recommends by Minute Order that the City Council approve the request to remove the one (1) Oak Tree located at 1051 East C Street, identified in Attachment A.
IV. ATTACHMENTS
Attachment A: Tree Photographs
Attachment B: Notice of Tree Removal
Attachment C: Tree Removal Permit Application
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
Attachment A
Photographs of Tree at 1051 East C Street
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
ATTACHMENT B
NOTICE OF TREE REMOVAL
City of Oakdale
Public Services Department
455 S. 5th Avenue
(209) 845-3625
Notice of Tree
Removal Request
The Public Services Director hereby notices that the owners of this property have requested authorization to remove one tree in accordance with the City of Oakdale’s Tree Preservation Ordinance (Chapter 36-28.4). The City Council will consider this request during a public meeting. Those wishing to address the removal of this tree should attend the City Council Meeting or submit a written statement to the Public Services Department.
City Council Meeting Date: Monday, March 20 – 7:00 P.M.
Meeting Location: Council Chambers, 277 North Second Avenue Additional Information: Contact at (209) 845-3625
Tree Location: 1051 East C Street, Oakdale CA 95361
Reason for Tree Removal: Root growth is damaging sidewalk and interfering with power lines.
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Subject: Consideration of Tree Removal Request: 1051 East C Street March 20, 2023
ATTACHMENT C
TREE REMOVAL PERMIT APPLICATION
City of Oakdale
City Council Staff Report
Meeting Date: March 20, 2023
To: Mayor Bairos and Members of the City Council
From:
Subject:
Colleen Andersen, Council Services Manager
Claim for Damage – Jeremiah Blasengym
I. BACKGROUND
A claim against the City was received on January 17, 2023. The claim, as submitted, indicated the incident occurred on January 14, 2023. The location of the incident was listed as East G Street and 6th Avenue, Oakdale, CA.
II. DISCUSSION
The claim was submitted to the City’s claims adjuster, Acclamation Insurance Services (AIMS), for review and recommendation. The City’s claims adjuster has recommended City Council rejection of the claim.
III. FISCAL IMPACT
No fiscal impact to date.
IV. RECOMMENDATION
Staff concurs with AIMS’ recommendation and recommends rejection of the claim by City Council Minute Order.
V. ATTACHMENTS
None.
AGENDA ITEM 9.6
City of Oakdale
City Council Staff Report
Meeting Date: March 20, 2023
To: Mayor Bairos and Members of the City Council
From:
Subject:
Colleen Andersen, Council Services Manager
Claim for Damage – Nina Wright
I. BACKGROUND
A claim against the City was received on February 23, 2023. The claim, as submitted, indicated the incident occurred on February 21, 2023. The location of the incident was listed as 450 East A Street, Oakdale, CA.
II. DISCUSSION
The claim was submitted to the City’s claims adjuster, Acclamation Insurance Services (AIMS), for review and recommendation. The City’s claims adjuster has recommended City Council rejection of the claim.
III. FISCAL IMPACT
No fiscal impact to date.
IV. RECOMMENDATION
Staff concurs with AIMS’ recommendation and recommends rejection of the claim by City Council Minute Order.
V. ATTACHMENTS
None.
AGENDA ITEM 9.7
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: March 20, 2023
To: Mayor Bairos and City Council
From: Jeff Gravel, Public Services Director
Subject: First reading of Ordinance to Amend Chapter 7 of the Oakdale Municipal Code by Adopting the 2022 Building Codes
______________________________________________________________________ I. BACKGROUND
Building codes are adopted every three years; our last adoption was in 2019. With the advent of the International Building code the State Building Standards Commission (BSC) incorporates the International Code into the California Building Code (CBC). The BSC has since adopted by reference the International Building Code and has set January 1, 2023 as the implementation date of its enforcement statewide.
II. DISCUSSION
Local jurisdictions under the authority of Health and Safety Code section 17958 are permitted to amend the state codes as they relate to local climatic, geological, or topographical conditions. Staff has prepared local amendments to the California Building Code for your review and consideration for adoption into the Oakdale Municipal Code. These are generally the same used in the last code adoption in 2019 with the exception of a fee update which will be addressed with a Master fee schedule update later spring 2023.
The amendments to the state codes are required to be made after making expressed findings. These findings are climatic, geographic and topographic in nature. You will find these at the beginning of the ordinance documents.
The California Building Standards Commission adoption of the 2022 Code comes after a comprehensive multi-state agency and stakeholder update of the 2019 Building Code.
The objective is to produce a practical building code that ensures public safety while implementing the most efficient technology available to conserve the state’s natural resources and energy use. California’s building code is applicable to virtually every commercial and residential structure in the state.
AGENDA ITEM 10.1
CITY OF OAKDALE
City Council Staff Report
Subject: 2022 Building Code Adoption
Meeting Date: February 21, 2023
The new 2022 California Building Standards Code contains thirteen parts the incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green code updates, below are a few noteworthy updates:
• Permit expiration has been extended from 6-months to 12-months. Every permit shall remain valid if the work on the site commenced within 12-months after its issuance.
• Aging-in-place design and fall prevention has been added for new residential construction. Added to address specific design elements to facilitate access to operational features and to allow people to stay longer in their homes as they age.
• Expanding Electric Vehicle Charging requirements to install EV charging receptacles and chargers to new multifamily dwellings, hotels and motels.
III. FISCAL IMPACTS
There is no fiscal impact to the City. It is anticipated that a draft revised City Master Fee Schedule will be presented to the City Council in April of 2023.
IV. RECOMMENDATION
Staff recommends that the City Council introduce an Ordinance for first reading to amend Chapter 7 of the Oakdale Municipal Code by adopting the 2022 Building Codes.
V. ATTACHMENTS
Attachment A: Draft Ordinance XXXX
IN THE CITY COUNCIL OF THE
CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective January 1, 2023
AN ORDINANCE OF THE CITY OF OAKDALE, CALIFORNIA, ADOPTING THE 2022 CALIFORNIA BUILDING CODE. 2022 CALIFORNIA RESIDENTIAL CODE. 2022 CALIFORNIA PLUMBING CODE. 2022 CALIFORNIA MECHANICAL CODE, AND THE 2022 CALIFORNIA ELECTRICAL CODE TOGETHER WITH CERTAIN AMENDMENTS
TO THESE CALIFORNIA CODES DEEMED NECESSARY TO SERVE THE PUBLIC
INTEREST BY REDUCING THE RISK TO LIFE AND PROPERTY OF THE CITIZENS OF OAKDALE BECAUSE OF UNIQUE LOCAL CONDITIONS.
WHEREAS, every three years the State of California adopts updated building codes referred to as the California Building Standards Code for the protection of the public, and
WHEREAS, the State-adopted 2022 California Building Standards Code become effective on January 1, 2023; and
WHEREAS, the California Health and Safety Code, Section 17958.5 requires the City Council make findings that the amendments to the 2022 Building Code are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, these local amendments to the 2022 California Building Code are recognized and necessary to service the public by reducing the risk of life and property of the citizens of Oakdale; and
THE CITY COUNCIL OF THE CITY OF OAKDALE, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1: The attached amendments to the California Building Codes adopted by this ordinance are necessary to serve the public by reducing the risk to life and property of the citizens of Oakdale because of the following conditions:
a) Summer weather conditions are extremely dry, hot and windy, causing ordinary combustible to be easily ignited and fire to be fast spreading; b) Very dense fog conditions occur in the winter.
NOW, THEREFORE, for the above reasons taken individually and cumulatively and in accordance with the authority granted in sections 17958.5 and 17958.7 of the California Health and Safety Code, the Council of the City of Oakdale expressly finds
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
that there are local climatic and topographical conditions that make the increased requirements set forth in this Ordinance reasonably necessary.
SECTION 2: Chapter 7, BUILDING CODES, ADMINISTRATION AND ENFORCEMENT AND SYSTEMS DEVELOPMENT CHARGES, of the Oakdale Municipal Code is hereby amended to read as follows:
BUILDING CODES, ADMINISTRATION AND ENFORCEMENT AND
SYSTEMS DEVELOPMENT CHARGES
CHAPTER 7
*Editor's Note: Prior Ordinance history includes portions of Ordinance Nos. 775, 842, 948, 979, 1001, 1056, 1111, 1158, 1196 ,1219 and 1243
ARTICLE I. ADMINISTRATION—GENERAL
§7-1. Purpose of chapter
§7-2. 2022 California Building Code (CBC) Chapter 1, Division I, Scope and Administration Section 1.8.3 and Division II--Adopted.
§7-3. 2022 California Building Code Chapter 1, Division II--Amended.
ARTICLE II. BUILDING CODE
§7-20. 2022 California Building Code Part 2, Volumes 1 and 2--Adopted. §7-21. 2022 California Building Code Part 2, Volumes 1 and 2--Amended. §7-22. Automatic fire extinguishing systems
§7-23. 2022 California Building Code Part 2, Appendix Chapter “J” §7-24. 2022 California Residential Building Code Part 2.5--Adopted. §7-25. 2022 California Residential Building Code. Appendix H, Patio Covers--Adopted.
ARTICLE III. ELECTRICAL CODE
§7-30. 2022 California Electrical Code Part 3--Adopted. §7-31. 2022 California Electrical Code Part 3--Amended.
ARTICLE IV. CALIFORNIA MECHANICAL CODE
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
§7-35. 2022 California Mechanical Code Part 4-- Adopted.
ARTICLE V. CALIFORNIA PLUMBING CODE
§7-40. 2022 California Plumbing Code Part 5--Adopted.
ARTICLE VI. CALIFORNIA ENERGY CODE
§7-45. 2022 California Energy Code Part 6--Adopted.
ARTICLE VII. CALIFORNIA HISTORICAL BUILDING CODE
§7-50. 2022 California Historical Building Code Part 8--Adopted.
ARTICLE VIII. CALIFORNIA EXISTING BUILDING CODE
§7-55. 2022 California Existing Building Code Part 10--Adopted.
ARTICLE IX. CALIFORNIA GREEN BUILDING STANDARDS CODE
§7-60. 2022 California Green Building Standards Code Part 11--Adopted.
ARTICLE X. CALIFORNIA REFERENCED STANDARDS CODE
§7-65. 2022 California Referenced Standards Code Part 12--Adopted.
ARTICLE XI. 2006 PROPERTY MAINTENANCE CODE
§7-70. 2006 Property Maintenance Code--Adopted.
§7-71. 2006 Property Maintenance Code--Amended.
ARTICLE XII. RESERVED
§7-80. Reserved.
ARTICLE XIII. SYSTEM DEVELOPMENT CHARGES
§7-90. Purpose.
§7-91. Definitions.
§7-92. Charges established by resolution.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
§7-93. Due date and collection.
§7-94. Exemptions.
§7-95. Computation and appeals.
§7-96. Scope.
ARTICLE I. ADMINISTRATION – GENERAL
SECTION 7-1. PURPOSE OF CHAPTER
The purpose of this chapter is to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design construction, quality of materials, use and occupancy, location of all buildings and structures within the city, to encourage and instruct people to build safely and economically, rather than to discourage building, and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. This chapter is designed to include technical code utilized by the Building Division into one chapter to increase understanding. (Ord. No. )
SECTION 7-2. ADMINISTRATVIE CODE-ADOPTED
That certain chapter in the 2022 California Building Code (CBC) entitled "CHAPTER 1:
SCOPE AND ADMINISTRATIVE, DIVISION I," SECTION 1.8.3 AND “DIVISION II SCOPE AND ADMINISTRATION” as compiled and published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, as hereinafter amended, deleted and added to is hereby adopted by reference as the code to provide the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation, construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment in the City of Oakdale. (Ord. No )
SECTION 7-3. CALIFORNIA BUILDING CODE, CHAPTER 1, DIVISION II SCOPE AND ADMINISTRATION – AMENDED
The Division II of Chapter 1 of the 2019 California Building Code adopted in this article is hereby modified by the following amendments, additions and deletions.
Section 101.4.1 “Electrical” is amended to read:
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
Section 101.4.2 “Mechanical” is amended to read:
The provisions of the California Mechanical Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories and shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
Section 101.4.3 “Plumbing” is amended to read:
The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems.
Section 101.4.5, “Fire prevention” is amended to read:
The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
Section 103.1 “Creation of enforcement agency” is amended to read:
There is hereby established in this jurisdiction a Building Inspection Division which shall be under the administrative and operational control of the Building Official, who shall be appointed by the City Manager and shall have the authority granted in this chapter and in the building codes adopted by the City of Oakdale.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
Section 103.2 “Appointment” is amended to read:
The Building Official shall be appointed by the City Manager.
Section 105.1.1 Annual Permits, is deleted in its entirety.
Section 105.1.2 Annual Permits Records, is deleted in its entirety.
Section 109.2, “Schedule of permit fees” is amended to read:
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the City’s Master Fee Schedule.
Section 109.3, “Building permit valuations” is amended to read:
The applicant for a permit shall provide an estimated permit value at time of application.
Permit valuations shall include total value of work, including materials and labor, for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems, as well as all finish work, painting and roofing. If in the opinion of the building official, the valuation is underestimated on the application the permit shall be denied, unless the application can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. In no case shall the valuation be less than those values in the Building Safety Journal Magazine, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 90476, the most recent publication of which said magazine and said building valuation date shall be the minimum valuations under this code.
Section 109.6 is amended to read:
The Building Official may authorize refunding of not more than 80 percent of the Building Permit fee paid when no work is done under a permit issued in accordance with this code.
The Building Official may authorize a refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
application filed by the original permittee or their duly authorized agent not later than 180 days after the date of fee payment.
Section 109.7 is added to read:
Plan Review Fees: When the valuation of the proposed construction exceeds five hundred and no/100ths dollars ($500.00) the plan review fee shall be paid to the Building Official at the time of submitting plans and specifications for review.
Plan Review Fees shall be as set forth in the City’s Master Fee Schedule. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee may be charged.
Section 109.8 is added to read:
Deputy Inspector -The City Council may institute a Deputy Inspector Program for use in major facilities occupied and used solely for manufacturing purposes. If authorized, the implementation of such a program would be subject to mutual consultation and agreement between the City and any major manufacturing facility. The Deputy Inspector shall meet minimum qualifications and comply with all administrative procedures and policies as set by the Chief Building Official or designee.
Section 110.3.5 Delete the following sentence: "Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.
Section 111.2 is amended to read:
Exception: R3 and U occupancies. (Single-Family Dwellings and Residential Garages) Section 111.3 is amended to read:
Temporary Certificate - If the Building Official finds that no fire, life and safety hazard will result from occupancy of any building or portion thereof before the same is completed, he may issue a temporary Certificate of Occupancy, for the use of a portion or portions of a building or structure prior to completion of the entire building or structure. Depending upon the unfinished work, a completion bond may be required by the Building Official. Bond amount shall be established by the Building Official based on the value of the work necessary to achieve Certificate of Occupancy as defined by Section 109.3.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
If any building or structure, including Groups R - Division 3 and M occupancies are to be occupied prior to the permit being finaled, an approval of the Building Official is required prior to the final inspection. The occupant, owner and contractor shall sign a temporary certificate of occupancy prior to occupying the building. If corrections are not completed within time limit specified on Temporary Certificate of Occupancy the Building Official shall have the authority to request the immediate discontinuance of the electrical and/or the gas service by the appropriate utility and may file a notice of non-compliance with the County Recorder. The notice of non-compliance shall be removed by the Building Official only after all items requiring correction are completed.
Section 111.5 to be added to read:
Unlawful Occupancy - If any building or structure is occupied prior to the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy as required by subsections above, the Building Official shall have the authority to request immediate discontinuance of the electrical service and/or gas service by the appropriate utility.
Section 113 “Board of Appeals” is amended to read:
113.1 General. In order to hear and decide appeals or orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is created a board of appeals. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 113.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority relative to interpretation of the administration provisions of this code, nor shall the board be empowered to waive requirements of this code.
113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
1. Application. The application for an appeal shall be filed with the building official within twenty days after the notice code violation was served.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
2. Rules and Procedure. The board is authorized to establish policies and procedures necessary to carry out its duties. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted.
The procedures shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information is received.
3. Chairperson. The board shall annually select one of its members to serve as chairperson.
4. Disqualification of Member. A member shall not hear an appeal in which that member has a personal, professional or financial interest .
5. Secretary. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board.
6. Notice of Meeting. The board shall meet upon notice from the building official within ten days of the filing of an appeal or as stated in periodic meeting.
7. Open Hearings. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the building official and any person whose interests are affected shall be given an opportunity to be heard.
8. Postponed Hearings. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
9. Board Decision. The board shall only modify or reverse the decision of the building official by a concurring vote of two-thirds of its members.
10. Resolution. The decision of the board shall become final and written certified copies of the decision shall be furnished to the appellant and to the building official.
The building official shall take immediate action in accordance with the decision of the board.
Section 113.4 “Disabled Access Board of Appeals” to be added to read:
113.4.1 General. In order to hear appeals to actions taken by the city and to provide reasonable interpretations of the California Access Laws, there is the authority to establish a disabled access board of appeals, hereinafter referred to as the board, consisting of five members. Two of the members are to be physically handicapped, two
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
members to be experienced in construction, and one member a public member. The building official shall act as secretary of the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. 113.4.2 Authority to Adopt Rules and Procedures. The board is authorized to establish policies and procedures necessary to carry out its duties. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information is received. 113.4.3 The board shall hear appeals in accordance with the procedures set forth herein.
1. Limitation on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority relative to interpretation of the administration provisions of this code nor shall the board be empowered to waive requirements of this code.
2. Application. The application for an appeal shall be filed with the building official within twenty days after the notice code violation was served.
3. Chairperson. The board shall annually select one of its members to serve as chairperson.
4. Disqualification of a Member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
5. Secretary. The building official shall be an ex officio member of and shall act as secretary to the board but shall have no vote on any matter before the board.
6. Notice of Meeting. The board shall meet upon notice from the building official within twenty days of the filing of an appeal or as stated in periodic meeting.
7. Open Hearings. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the building official and any person whose interests are affected shall be given an opportunity to be heard.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
8. Postponed Hearings. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
9. Board Decision. The board shall only modify or reverse the decision of the building official by a concurring vote of two-thirds of its members.
10. Resolution. The decision of the board shall become final and written certified copies of the decision shall be furnished to the appellant and to the building official.
The building official shall take immediate action in accordance with the decision of the board.
Section 117 to be added to read:
Demolition or Moving of Buildings
117.1 Prior to the issuance of a permit to demolish or move a building, the owner of the property on which the building is to be demolished, or moved or his agent, may be required to file with the Building Official a bond in favor of the City of Oakdale conditioned as follows:
117.2 Before any work is started the permittee or his agent shall notify the appropriate utilities in order that all gas, electric sewer, water etc., that are to be disconnected from the building may be capped and sealed or otherwise secured. Necessary safety precautions shall be taken during demolition or moving operation to protect public and private property.
117.3 Immediately after the demolition or moving of any building or structure, the permittee or his agent shall securely barricade all basement excavations and other holes or openings as required by the Building Official. 117.4 Immediately after the demolition of any building or structure, the permittee or his authorized agent shall complete the following work.
1. Securely close and seal any sanitary piping located on the property, as required by Stanislaus County Health Department and Building Official.
2. Fill with sand or remove at the discretion of the Building Official or Stanislaus County Health Department, any septic tanks or cesspools located on the property.
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STATE OF CALIFORNIA
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Ordinance
Effective May 3, 2023
3. Fill and compact to ninety-percent (90%) relative density any openings, excavation or basements remaining on the land with clean sand to street level or the natural level of adjoining property, unless directed otherwise by the Building Official.
4. Remove any underground tanks formerly used for storage of flammable liquids, as may be required by the City of Oakdale Fire Department or Stanislaus County Environmental Resources Department.
117.5 Any bond required by this section shall be in an amount equal to the cost of the proposed work, as estimated by the Building Official. The bond shall be in the form of a Certificate of Deposit or other form approved by the Director of Finance. 117.6 The demolition or moving permit shall remain in effect for 90 days. An extension of time for completion of the work required by this section may be granted in writing by the Building Official when, in his discretion, circumstances justify such an extension.
When all work is completed and approved to the satisfaction of the Building Official he shall release any bond or other security furnished pursuant to this section.
ARTICLE II. BUILDING CODE
SECTION 7-20. CALIFORNIA BUILDING CODE, PART 2, VOLUMES 1 AND 2 –
ADOPTED
That certain document, one copy of which is on file in the office of the Building Official, being marked and designated as "California Building Code," Volumes 1 and 2, California Building Code (CBC) Chapter 1, Division I, Scope and Administration Section 1.8.3 and Division II Administration; and together with Appendices Chapter G – Flood-Resistant Construction, Chapter H – Signs, Chapter I – Patio Covers, Chapter J – Grading, Chapter K – Central Valley Flood Protection Plan, and Chapter P – Emergency Housing, and subsequent additions and editions thereto which said Code provides for the proper regulations for erecting, constructing, enlarging, altering, repairing, removing, conversions, demolition, occupancy, equipment, use height and maintenance of buildings or structure in the city and providing for the issuance of permits and collections of fees therefor and providing penalties for violation thereof, as hereinafter amended, deleted and added to, and the same is hereby adopted by reference as the Building Code of the City of Oakdale. (Ord. No. ____.)
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
SECTION 7-21. CALIFORNIA BUILDING CODE, PART 2, VOLUMES 1 AND 2 –
AMENDED
The California Building Code adopted in this article is hereby modified by the following amendments, additions and deletions.
Section 1900.4.4 is added to read:
Concrete Slab Floors - Section 1900.4.4(a) Concrete Slab Floors, when used as a finished floor or as a base for other floor finish in buildings which will contain conditioned air space shall be constructed according to the following additional requirements, or as approved by the Building Official:
Vapor Barrier - Section 1900.4.4(a) 1 A water proofing membrane, ten mil, or water proofing acceptable to the Building Official shall be placed on the compacted subgrade. The membrane shall extend to the exterior walls and terminate at the exterior footings.
Sand Fill - Section 1900.4.4(a) 2 One inch (1") of clean sand shall be placed on the membrane before placement of concrete. (Ord. No. _____.) SECTION 7-22. AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Section 503.1 table is added to read:
TABLE 503.1
BASIC ALLOWABLE AREA IN SQUARE FEET FOR DETERMINATION OF FIRE SPRINKLER INSTALLATION.
Occupancy Types Square Footage
Assembly Group A – A-1, A-2, A-3, A-4, A-5 5000
Business Group B 5000
Educational Group E 5000
Factory Group F – F-1, F-2, 5000
High-Hazard Group H – H-1, H-2, H-3, H-4,
H-5
Not permitted without sprinklers.
Institutional Group I – I-1, I-2, I-3, I-4 Not permitted without sprinklers.
Mercantile Group M 5000
Residential Group R – R-1, R-2, R-3 Not permitted without sprinklers.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
Exception: Carports, sheds, tanks, towers, and Agricultural buildings.
Area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section
See CBC / CFC for additional requirements.
Section 503.2 is added to read:
(a) The classification for occupancies shall be as set forth in Chapter 3 of the 2022 Edition of the California Building Code.
(b) Table 503.1, attached to this ordinance and incorporated herein by reference, shall be used to determine whether automatic fire extinguishing systems shall be required for new construction, additions to existing buildings, or any change in use of existing buildings. (Table 503.1 may be found on file in the office of the city clerk.) (c) The installation of Fire Walls may not be used to divide new buildings into separate areas for the purpose of fire sprinkler system elimination. In existing structures, constructed prior January 1, 2008, each area created by an area separation wall constructed in accordance with the California Building Code may be separately measured to determine the applicability of automatic fire extinguishing systems.
(Ord. No. ______.)
SECTION 7-23. CALIFORNIA BUILDING CODE, PART 2, APPENDIX "J." “Appendix Chapter” "J" is adopted and amended to read:
Section J101.3 is added to read:
Add section 101.3: "Compliance with local law. All grading shall be done in accordance with Chapter 29 of the Oakdale Municipal Code." Section J104.5 is added to read:
This site plan is subject to review by the Public Works Department. Any site over one (1) acre in size (including any area adjacent to site that is used for grading and/or Storage Group S – S-1, S-2 5000
Utility and Miscellaneous Group U 5000
Any building of any type occupancy,
which exceeds two stories in height.
Any size.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
construction purposes) may be subject to a NPDES Storm Water Discharge Permit.
In these cases, a Storm Water Pollution Prevention Plan (SWPPP) must be created in accordance with the Caltrans Storm Water Pollution Prevention Plan Manual and submitted for approval at least seven (7) working days before any construction or grading activity is to begin."
Section J105.3 is added to read:
"Storm water inspections. Grading sites are subject to inspection at any time by the Public Works Department staff to ensure compliance with Chapter 29 of the Oakdale Municipal Code."
Section J110.3 is added to read:
"Storm drain inlets that are down slope from the grading site must be protected from sediment displaced by the grading activities. Once grading is completed, sediment on streets and sidewalks that has the potential to be washed into the storm drain system shall be cleaned up before removing the protective barriers." (Ord. No. 1219.) SECTION 7-24. CALIFORINA RESIDENTIAL CODE PART 2.5- ADOPTED That certain document in book form entitled “2022 California Residential Code” including all the following appendices with the exception of Appendix AL-Permit Fees, and subsequent additions and editions thereto appendix Chapter “H” Patio Covers as published by California Building Standards Commission. One copy of which is now on file in the office of the Building Official of the City of Oakdale is hereby adopted by reference as the California Residential Code of the City of Oakdale. (Ord.
No.______.)
SECTION 7-25. CALIFORNIA RESIDENTIAL CODE APPENDIX “H” - ADOPTED California Residential Code "Appendix Chapter" "H" is adopted.
ARTICLE III. ELECTRICAL CODE
SECTION 7-30. CALIFORINA ELECTRIC CODE PART 3– ADOPTED
That certain documents in book form entitled "2022 California Electrical Code" as published by National Fire Protection Association including appendices, in accordance with the National Electrical Code and amended by the California Building Standards Commission. One copy of which is now on file in the office of the Building Official of the City of Oakdale is hereby adopted by reference as the Electrical Code of the City of Oakdale. (Ord. No. 1158; Ord. No.1196, Ord. No. 1219)
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
SECTION 7-31. CALIFORNIA ELECTRICAL CODE PART 3 – AMENDED Article 300.21 (a) is added to read as follows:
For penetrations of one (1) hour walls, electrical, telephone and communications wiring penetrations shall be as follows:
A length of Electrical Metallic Tubing (EMT) extending through the assembly for a distance of at least thirty inches (30) from each face assembly. The ends of the EMT are to be securely fastened. The ends of the EMT shall terminate in approved connectors and the EMT must be of a size permitted by the National Electrical Code.
Ends are to be packed with rock wool or equal.
Where the EMT penetrates gypsum wallboard, the void between the EMT and the wall board must be solidly packed on both sides with approved fire stopping compound installed in accordance with manufacturer’s installation instructions.
For penetrations of two (2) hour fire resistive assemblies, EMT shall extend sixty inches (60") from each face of the assembly.
ARTICLE IV. CALIFORNIA MECHANICAL CODE
SECTION 7-35. CALIFORINA MECHANICAL CODE PART 4– ADOPTED That certain document in book form entitled "2022 California Mechanical Code” including appendices, as published by International Association of Plumbing and Mechanical Officials. One copy of which is on file in the office of the Building Official of the City of Oakdale as hereinafter amended deleted, and added to, and the same is hereby adopted by reference as the Mechanical Code of the City of Oakdale. (Ord.
No.1158, § 2; Ord. No. 1196, Ord. No. 1219, and 1243)
ARTICLE V. CALIFORINA PLUMBING CODE
SECTION 7-40. CALIFORINA PLUMBING CODE PART 5–ADOPTED
That certain documents in book form entitled "2022 California Plumbing Code" including appendices, as published by International Association of Plumbing and Mechanical Officials. One copy of which is now on file in the office of the Building Official of the City of Oakdale, as hereinafter amended, deleted and added to, and the same is hereby adopted by reference as the Plumbing Code of the City of Oakdale. (Ord. No.1158, § 2; Ord. No. 1196, Ord. No. 1219, and Ord. No.1243, Ord. No. _____)
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
ARTICLE VI. CALIFORINA ENERGY CODE
SECTION 7-45. CALIFORINA ENERGY CODE PART 6– ADOPTED
That certain document in book form entitled “2022 California Energy Code” as published by International Code Council as adopted and amended by the California Building Standards Commission. One copy of which is now on file in the office of the Building Official of the City of Oakdale, as hereinafter amended, deleted and added to, and the same is hereby adopted by reference as the California Energy Code of the City of Oakdale. (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord. No. _____) ARTICLE VII. CALIFORINA HISTORICAL BUILDING CODE
SECTION 7-50. CALIFORINA HISTORICAL BUILDING CODE PART 8 – ADOPTED That certain document in book form entitled “2022 California Historical Building Code” as published by International Code Council as adopted and amended by the California Building Standards Commission. One copy of which is now on file in the office of the Chief Building Official of the City of Oakdale, as hereinafter amended, deleted and added to, and the same is hereby adopted by reference as the California Historical Building Code of the City of Oakdale. (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord. ______)
ARTICLE VIII. CALIFORINA EXISTING BUILDING CODE
SECTION 7-55. CALIFORINA EXISTING BUILDING CODE PART 10 – ADOPTED That certain document in book form entitled “2022 California Existing Building Code” as published by International Code Council as adopted and amended by the California Building Standards Commission. One copy of which is now on file in the office of the Chief Building Official of the City of Oakdale, as hereinafter amended, deleted and added, and the same is hereby adopted by reference as the California Existing Building Code of the City of Oakdale. (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord.
No._____)
ARTICLE IX. CALIFORNIA GREEN BUILDING STANDARDS CODE
SECTION 7-60. CALIFORNIA GREEN BUILDING STANDARDS CODE PART 11 -
ADOPTED
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
That certain document in book form entitled “2022 California Green Building Standards Code,” published by International Code Council as adopted and amended by the California Building Standards Commission. One copy of which is now on file in the office of the Building Official of the City of Oakdale, as hereinafter amended, deleted and added, and the same is hereby adopted by reference as the California Green Building Standards Code of the City of Oakdale. (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord. No. _____)
ARTICLE X. CALIFORNIA REFERENCED STANDARDS CODE
SECTION 7-65. CALIFORNIA REFERENCED STANDARDS CODE, PART 12 -
ADOPTED
That certain document in book form entitled “2022 California Referenced Standards Code” as published by International Code Council as adopted and amended by the California Building Standards Commission. One copy of which is now on file in the office of the Chief Building Official of the City of Oakdale, as hereinafter amended, deleted and added, and the same is hereby adopted by reference as the California Referenced Standards Code of the City of Oakdale. (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord. No. _____)
ARTICLE XI. 2006 PROPERTY MAINTENANCE CODE – ADOPTED
SECTION 7-70. 2006 PROPERTY MAINTENANCE CODE – ADOPTED
That certain document in book form entitled “2006 International Property Maintenance Code” 2006 Edition, published by International Code Council. One copy of which is now on file in the office of the Building Official of the City of Oakdale, is hereby adopted by reference as the Housing Code of the City of Oakdale. (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord. No. ______)
SECTION 7-71. 2006 PROPERTY MAINTENANCE CODE – AMENDED
The Property Maintenance Code adopted in this article is hereby modified by the following amendments, additions and deletions.
Section 102.3 Application of other Codes is amended to read as follows:
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code,
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
California Plumbing Code, California Mechanical Code, and the California Electrical Code.
Section 103 Department of Property Maintenance Inspection is deleted.
Section 107.1 Notice and Order is amended to read as follows:
Whenever the building official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the recorded owner of the building.
Notices for condemnation procedures shall also comply with section 108.3.
Section 107.2 Form is amended to read as follows:
Such notice prescribed in Section 107.1 shall contain all of the following:
1. The street address and legal description sufficient for identification of the premises upon which the building is located.
2. A statement that the building official has found the building to be substandard, with a brief and concise description of the conditions found to render the building dangerous under the provisions of this title.
3. A statement of the action required as determined by the building official.
3.1. If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.
3.2. If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the building official to be reasonable.
3.3. If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefore within 60 days from the date of
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
the order and that the demolition be completed within such time as the building official shall determine is reasonable.
4. Statements advising that if any required repair or demolition work (without vacation also be required) is not commenced within the time specified, the building official: (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising: (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the building board of appeals, provided the appeal is made in writing as provided in this code, and filed with building official within 30 days from the date of service of such notice and order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
Section 107.3 is amended to read as follows:
Service of Notice and Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any lease of record, and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
Section 107.4 is amended to read as follows:
Method of Service: Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
Section 107.5 is amended to read as follows:
Proof of Service: Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official.
Section 107.6 is added to read as follows:
Recordation of Notice and Order: If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed of the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.
Section 107.7 is added to read as follows:
Penalties: Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4.
Section 107.8 is added to read as follows:
Transfer of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgage or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
Section 108.1.4 Unlawful structure, is amended to read as follows:
An unlawful structure is one found in whole or in part that was erected, altered or occupied contrary to law.
Section 110.4 Salvage materials, is deleted.
Section 111.2 Membership of Board, is amended to read as follow:
The Building Code Board of Appeals shall hear and decide all appeals made pursuant to section 111.1.
Sections 111.2 through 111.2.5 are deleted.
Section 111.7 is deleted.
Section 201.3 Terms defined in other codes is amended to read as follows:
Where terms are not defined in this code and are defined in the California Building Code, California Mechanical Code, California Plumbing Code, California Fire Code or the California Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes.
Section 303.2 Enclosures is amended to read as follows:
Private swimming pools, hot tubs and spas, shall comply with California Building Code, Part 2 Volume 2, Section 3109.
Section 304.14 Insect screens is amended as follows:
Delete the words, “During the period from (date) to (date)".
Section 306.1 General is amended as follows:
Delete the words, “Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface,” and replace with the words, ”For the height requirements of Handrails and Guards or Guardrails, see California Building Code Sections 1014 HANDRAILS and 1015.GUARDS”
Section 307.2.1 is deleted.
Section 307.2.2 is renumbered to “307.2.1”
Sections 307.3, 307.3.1 and 307.3.2 are deleted.
Section 401.3 is amended to read as follows:
Section 401.3 Light General. Every space intended for human occupancy shall be provided with natural light by means of exterior glazed openings in accordance with California Building Code Section 1205.2 or shall be provided with artificial light in accordance with California Building Code Section 1205.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in accordance with California Building Code Section 1206.
Section 403.1 is amended to read as follows:
Section 403.1 Ventilation General. Every building shall be provided with natural ventilation in accordance with California Building Code Section 1203.4, or mechanical ventilation in accordance with the California Mechanical Code.
Section 403.2 is deleted.
Sections 403.3 through 403.5 are renumbered as follows:
Section 403.3 is renumbered to “Section 403.2”
Section 403.4 is renumbered to “Section 403.3”
Section 403.5 is renumbered to “Section 403.4”
Section 404.3 is amended to read as follows:
Section 404.3 Interior Space Dimensions. Interior space dimensions shall be in accordance with California Building Code Section 1208.
Sections 404.4, 404.5, and 404.6 are deleted.
Section 404.7 is renumbered to “Section 404.4”.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
Section 501.1 is amended to read as follows:
Scope: The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided in accordance with the California Plumbing Code and California Building Code.
Sections “502.4, 502.4.1 and 503.2” are deleted.
Section 505.1 is amended as follows:
Delete the words “or tempered." Delete the word “International” and replace with the word, “California.”
Section 505.4 is amended to read as follows:
Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees Fahrenheit (43 degrees Celsius). Water heater installation shall be in accordance with Chapter 5 California Plumbing Code.
Section 602.2 is amended to read as follows:
Section 602.2 Equipment and systems. Interior spaces intended for human occupancy shall be provided with active or passive space-heating systems capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit (20 degrees C) at a point 3 feet (914 mm) above the floor on the design heating day.
Exceptions:
1. Interior spaces where the primary purpose is not associated with human comfort.
2. For limited-density owner-built rural dwellings, a heating facility or appliance shall be installed in each dwelling subject to the provisions of Subchapter 1, Chapter 1, Title 25, California Code of Regulations, commencing with Section 74; however, there shall be no specified requirement for heating capacity or temperature maintenance. The use of solid-fuel or solar-heating devices shall be deemed as complying with the requirements of this section. If nonrenewable fuel is used in these dwellings, rooms so heated shall meet current installation standards.
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
3. When a passive solar energy collector is designed as a conditioned area it shall comply with the California Energy Code, Title 24, Part 6. Non-conditioned passive solar energy collectors are exempt from Title 24, Part 6.
4. Processing, storage and operation areas that require cooling or special temperature conditions.
Section 602.3 Heat Supply is deleted.
Section 602.4 Occupiable work spaces is deleted.
Section 602.5 Room temperature measurement is deleted.
Section 604.2 Service is amended to read as follows:
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code.
Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 100 amperes or as previously approved.
Sections 605.2, 605.3, 606.1 and 606.2 are deleted.
Section 701.1 is amended to read:
The provisions of this chapter shall govern the minimum conditions and standards for fire safety relation to structures and exterior premises, including fire safety facilities and equipment to be provided in accordance with California Fire Code and California Building Code.
Section 702.1 is amended as follows:
Delete the words “International Fire Code” and insert the words, “California Fire Code”.
Section 702.3 is amended as follows:
Delete the words “International Building Code” and insert the words, “California Building Code”.
Section 704.1 is amended as follows:
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
Delete the words, “International Fire Code” and insert the words, “California Fire Code”.
Section 704.2 is amended as follows:
Delete the words “International Fire Code” and insert the words, “California Fire Code”.
Section 704.3 is amended as follows:
The paragraph titled, “Exception:" is amended to read:
Exception: Smoke alarms are permitted to be solely battery operated in Group R-3 occupancy if previously allowed by code at time of installation and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
Chapter 8 Referenced Standards is amended as follows:
Delete the entire table titled, "ICC". (Ord. No. 1196, Ord. No. 1219, and Ord. No. 1243, Ord No. _____)
ARTICLE XII. RESERVED
SECTION 7-80. RESERVED
ARTICLE XIII. SYSTEM DEVELOPMENT CHARGES.
SECTION 7-90. PURPOSE
The city council has determined that it is reasonable and in the public interest to enact and impose systems development charges for the purpose of recovering a fair share of the cost of additional water, sewer, storm drain, street, fire, police and park facilities from those properties which, as part of their development and use, create needs for those expanded facilities. The council finds that the public would benefit from a longrange approach to the financing of such facilities. Experience has demonstrated that the lack of systems development charges casts an unfair burden on non-benefitting taxpayers and residents in the form of higher property taxes and bond issue costs. (Ord. No. 1173, § 2.)
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
SECTION 7-91. DEFINITIONS
As used in this article, unless the context otherwise requires:
(a) Building areas: The gross floor area of a building or the land area occupied by a structure other than a building, as the term "building" and "structure" are defined in the current edition of the Uniform Building Code.
(b) Land area: All surface area of any parcel, including building area, excepting any portion of the parcel within a recorded right-of-way or easement for public street or alley.
(c) Parcel or parcel of land: A platted lot or any other tract of land which is or may be lawfully occupied by a structure or structures or other uses including the yards and other open spaces required under the zoning ordinance or reasonably attributable to an existing or proposed use.
(Ord. No. 1173, § 2.)
SECTION 7-92. CHARGES ESTABLISHED BY RESOLUTION
Development charges are imposed upon all parcels of land in the city, except those parcels exempted in section 7-94. Three computations are used to determine these charges:
(a) Systems structure fee. An amount computed on the basis of the number of square feet in the building area.
(b) Systems area fee. An amount computed on the basis of the number of square feet of land area.
(c) General. The systems development charges shall be indexed with the Engineering News Record and adjusted on a quarterly basis. (Ord. No. 1173, § 2.)
SECTION 7-93. DUE DATE AND COLLECTION
The systems development charge is immediately due and payable upon and concurrently with the issuance of a valid permit for connection to the city water and
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
sewer system, or of a valid building permit, whichever occurs first. (Ord. No. 1173, §
2.)
SECTION 7-94. EXEMPTIONS
(a) Temporary exemption. Any parcel of land located within the city on July 6, 1977, for which a complete and valid building permit was issued shall be exempt from systems development charges to the extent of the structure covered by that building permit and the land as it was constituted on July 6, 1977. Issuance of water and sewer connections permit are subject to the availability of the respective services under current city policy and this article is not intended to alter limitations or requirements otherwise imposed for issuance of the connection permits. (b) Exemption for certain additions and alterations. Alterations which do not increase the floor space of a structure or increase the land area occupied by the structure are exempt from all portions of the systems development charges. Additions to residential dwellings which do not constitute the addition of a living unit, as defined by the building code, are exempt from all portions of the system development charges. (c) Change in use. A change in use results whenever an application for a building permit is filed to expand an existing structure or construct a new structure on a parcel of land that has previously paid systems development charges. When such a change of use occurs, a systems development charge is imposed, but credit shall be given for the systems structure fee and systems area fee portions of the computed systems development charge in an amount equal to what would otherwise be the charge for the existing structure and use. The credit so computed shall not exceed the calculated systems development charge. No refund shall be made on account of such credit. (d) Warehouses. Any structure constructed for use solely for the purpose of storing goods, wares, or merchandise shall be exempt from the systems structure fee for that portion of the building area which exceeds five thousand square feet. If the use of that structure is changed, the provision of subsection (c) of this section shall apply effective on the date the use is changed, whether or not a building permit is applied for or required.
(e) Mobile homes and mobile home parks. The systems development charges for mobile home parks shall be computed in a different manner by city resolution. (Ord.
No. 1173, § 2.)
SECTION 7-95. COMPUTATION AND APPEALS
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
All systems development charges shall be computed by the building official. Appeals may be made to the city administrator. Any person who is aggrieved by any decision made by the city administrator under this article may further appeal that decision to the city council by filing a written request within ten days after said decision, describing with particularity the decision of the city administrator from which the person appeals.
The council shall at its next regular meeting hear and consider the appeal. In determining the appeal, the council shall determine whether the city administrator's decision is correct and may affirm, modify, extend, or overrule that decision. (Ord. No. 1173, § 2.)
SECTION 7-96. SCOPE
The systems development charge provided for in this article is separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law. (Ord. No. 693, § 2 (part), 1977, Ord. No. 1173.)
SECTION 3: This Ordinance shall become effective on May 3, 2023, thirty days after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date.
Introduced at a regular meeting of the City Council of the City of Oakdale, held on March 20, 2023, and given a second reading on the 3rd day of April, 2023, and upon motion by _____________, seconded by ____________ for the adoption of said ordinance by the following vote:
AYES: COUNCIL MEMBERS: None (0)
NOES: COUNCIL MEMBERS: None (0)
ABSENT: COUNCIL MEMBERS: None (0)
ABSTAIN: COUNCIL MEMBERS: None (0)
ATTEST: SIGNED:
Rouze Roberts, City Clerk Cherilyn Bairos, Mayor
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
ORDINANCE
Ordinance
Effective May 3, 2023
APPROVED AS TO FORM:
Tom Hallinan, City Attorney
City of Oakdale
City Council Staff Report
Date: March 20, 2023
To: City Council
From: Albert Avila, Finance Director
Subject: Authorizing City Manager to Execute Contract with Halcyon Creek, Inc dba Mid Valley IT for Information Technology Support Services
I. BACKGROUND
The City operates two complex (Police and City) computer networks to provide services to City of Oakdale residents. For the last twelve years, the City has contracted with Datapath for the maintenance of these computer networks. As the Finance Director, I have overseen the contracted IT provider during that time. The original agreement only included one day of onsite IT support each week. On the days IT support was present and IT issues surface I filled in on those items where I could or requested remote support from Datapath for those items that could not wait. As our IT needs have grown, we found it necessary to increased on-site IT support to three day a week. Now it is imperative that we have on-site IT support five days a week.
Several months ago I informed the City Manager that I will most likely retire in about three years. Typically, Finance Directors do not manage IT systems so it is unlikely that the next Finance Director will have the skillset to oversee that area. In order to prepare for the future, we believe it is imperative that the City receive IT support that does not rely so heavily on my abilities to maintain the system.
II. DISCUSSION
In October the City prepared a draft request for qualifications/proposal (RFP) that was reviewed by a number of individuals. The City posted formal RFP for Information Technology Support Services on its website and emailed notices to companies in the Oakdale/Modesto/Turlock area for formal solicitation. Following the RFP review period, the City received four proposals.
The City Manager, Finance Director and Chief of Police, reviewed the proposal submitted, and met to discuss the proposals.
The proposals are as follows:
Monthly Fee Onboarding Fee
Mid Valley IT $16,500 $ 0
UBEO $17,050 $12,000
Datapath $23,021 $ 0
CE Tech $25,785 $ 8,000
AGENDA ITEM 11.1
CITY OF OAKDALE
City Council Staff Report
SUBJECT: IT CONTRACT FOR SERVICES
General discussion was held regarding the various firms, and the result was the selection of Mid Valley IT as the recommended new vendor to provide the City’s IT management and maintenance services.
A proposed agreement has been negotiated between each party and reviewed by the City Attorney. The costs for all contractual services offered through this proposed agreement will be within the current budgeted costs.
III. FISCAL IMPACTS
The costs for IT Services are funded in the Information Technology Internal Service Fund 525.
Each department and division budget is charged an Information technology charge to provide funding the operation and maintenance of the City’s networks and computers.
The funding for the Information Technology charge is General Fund 62%, Sewer Fund 21%, Water Fund 16% and Airport 1%. This is budgeted in the current adopted budget.
IV. RECOMMENDATION
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute the Agreement for Information Technology Support Services with Halcion Creek, Inc dba Mid Valley IT to provide IT services to the City of Oakdale.
V. ATTACHMENTS
Attachment A: Draft City Council Resolution
Attachment B: Consultant Agreement—Includes Exhibit A Rates for Professional Services
CITY OF OAKDALE
City Council Staff Report
SUBJECT: IT CONTRACT FOR SERVICES
ATTACHMENT A
DRAFT CITY COUNCIL RESOLUTION
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-XX
RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL
AUTHORIZING CITY MANAGER EXECUTION OF A CONTRACT BETWEEN THE CITY OF OAKDALE AND HALCYON CREEK INC, dba MID VALLEY IT FOR
INFORMATION TECHNOLOGY SUPPORT SERVICES
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, the City of Oakdale has a need for Information Technology Support Services; and,
WHEREAS, in October of 2022, the City distributed a Request for Proposals for information technology support services; and,
WHEREAS, following the two month RFP period, the City received four proposals, each offering a range of services in various arrangements and staff composition, service availability and costs; and,
WHEREAS, following thorough review of all proposals submitted and in order to provide the highest possible levels of service to the City in a cost-effective manner, City staff is recommending acceptance of a formal service contract with Halcyon Creek, Inc. dba Mid Valley IT NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL hereby authorizes the City Manager to execute an Agreement for Information Technology Support Services, as identified in, and consistent with, the Consultant Agreement.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 20st DAY OF MARCH, 2023 by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAIN: Councilmembers: ( )
SIGNED
Cherilyn Bairos, Mayor
ATTEST:
Rouze Roberts, City Clerk
CITY OF OAKDALE
City Council Staff Report
SUBJECT: IT CONTRACT FOR SERVICES
ATTACHMENT B
CONSULTANT AGREEMENT
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CONSULTANT SERVICES AGREEMENT
THIS CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into as of ________, 2023 (“Effective Date”), by and between the City of Oakdale, a California municipal corporation (“City”), and Halcyon Creek, Inc. DBA Mid Valley IT, a California Corporation (“Consultant”). City and Consultant are herein individually referred to as “Party” and collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A. City has determined that professional services are needed in connection with support and maintenance of information technology (the “Project”).
B. Consultant represents to City that it is duly qualified and licensed to provide services for the Project. A description of the services and the compensation for the services Consultant proposes to provide, is attached hereto as Exhibit A (“Services”).
C. City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement and the attached exhibits incorporated hereto.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 31 of this Agreement, Sections 1 through 31 shall control.
Section 2. Exhibits. All “Exhibits” attached hereto, are hereby incorporated into this Agreement by this reference.
Section 3. Term. This Agreement shall begin on the Effective Date and shall continue for the term of one year (the “Term”) unless sooner terminated as provided in Section 20.
Section 4. Compensation.
4.1 Consultant shall provide City with monthly invoices pursuant to the rates specified in Exhibit A. Consultant shall submit invoices for the Services to City, which shall be due and payable on the first of the month receiving support. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors. Once an {CW126980.2} CONSULTANT SERVICES AGREEMENT
invoice reaches 30 days past due, City shall be placed on a support hold until payment arrangements have been made.
4.2 Every twelve (12) months following the Effective Date of this Agreement, an annual cost increase of 4.5% shall be assessed to the monthly dollar amount specified in Exhibit A of this Agreement.
4.3 If the Consultant is compelled to provide testimony or otherwise appear for legal matters (subpoenas, depositions, or similar) related to the City, the City is responsible for paying Consultant at an hourly rate of $275.00 per hour, including travel.
4.4 Travel is included in the pre-fixed monthly dollar amount City is to pay Consultant.
Section 5. Labor Fee. Any new equipment installed into the City’s environment shall incur a labor fee for installation. Consultant shall notify the City and quote any work that may require additional labor prior to any work being performed. City reserves the right to either approve or decline any quote at their discretion.
Section 6. Work.
6.1 Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall perform the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not receive additional compensation for any Modifications unless the Parties agree otherwise in a writing executed by both Parties.
6.2 Scope of Work. Consultant shall provide all labor, equipment, material and supplies required or necessary to properly, competently and completely perform the Services.
Consultant shall determine the method, details, and means of completing the Services.
6.3 City Requested Modification of Services. City may, by written order, authorize Modifications. If such Modifications cause an increase in the cost or time required for performance of Consultant’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Consultant, if necessary.
6.4 Consultant Requested Modification of Services. Consultant shall not be compensated for work outside the Services, unless prior to the commencement of the Services:
(a) Consultant notifies City prior to commencing any additional work that is not included within the Services; (b) City agrees that performance of the additional work is necessary and requires a {CW126980.2} CONSULTANT SERVICES AGREEMENT
Modification to this Agreement; and (c) the Parties execute a written amendment to this Agreement describing any Modification.
Section 7. City Assistance to Consultant. Consultant shall, at its sole cost and expense, furnish all facilities, equipment, materials, information, personnel, and administrative assistance which may be required to perform its obligations under this Agreement. Notwithstanding the foregoing, City shall cooperate with Consultant and shall not actively interfere with Consultant’s performance of Services under this Agreement.
Section 8. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Consultant. Consultant will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Consultant. Consultant is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
Section 9. Conformity with Law and Safety. Consultant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Consultant must be in accordance with these laws, ordinances, codes, and regulations. Consultant’s failure to comply with any laws, ordinances, codes or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail. If Consultant cannot reasonably ascertain which standard provides the highest degree of protection, Consultant shall confer with City. Consultant shall not be liable for any recommendation made by City to the extent such recommendation is consistent with the standard of care set forth in Section 10.2 herein.
If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, upon discovery of such, Consultant shall immediately notify the City’s risk manager by telephone. If any accident occurs in connection with this Agreement, Consultant, to the extent Consultant observes or becomes aware of such, shall promptly submit a written report to City, in such form as the City may require. This report shall include the following {CW126980.2} CONSULTANT SERVICES AGREEMENT
information: (a) name and address of the injured or deceased person(s); (b) name and address of Consultant’s subcontractor, if any; (c) name and address of Consultant’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City’s equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Consultant, to the extent Consultant observes or becomes aware of such, shall immediately notify City. Consultant shall not store hazardous materials or hazardous waste within the City limits without a proper permit from City.
Section 10. Representations of Consultant. City relies upon the following representations by Consultant in entering into this Agreement:
10.1 Qualifications. Consultant represents that it is qualified to perform the Services and that it possesses the necessary licenses, permits, or approvals required to perform the Services, or will obtain such licenses, permits, or approvals prior to the time such licenses, permits, or approvals are required. Consultant shall also ensure that all subcontractors are similarly licensed and qualified. Consultant represents and warrants to City that Consultant shall, at Consultant’s sole cost and expense, keep in effect, or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Consultant to practice Consultant’s profession at the time the Services are rendered.
10.2 Consultant Performance. Consultant represents and warrants that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by duly licensed and qualified consultants in the Services to be provided. Consultant shall adhere to accepted consultant standards as set forth by relevant consultant associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted consultant customs, procedures, and standards for such Services. Consultant agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall re-perform or replace unsatisfactory Service at no additional expense to City.
10.3 No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Consultant, or any inspection, review, approval, or oral statement by any representative of City, or state certification, shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Consultant to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
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10.4 City’s Remedies are Cumulative. Nothing in this section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Consultant may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
10.5 No Conflict of Interest. Consultant represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
Section 11. Confidentiality. Consultant understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Consultant shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Consultant written authorization to make any such disclosure, Consultant shall do so only within the limits and to the extent of that authorization. Consultant may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project, and in such event, Consultant agrees that it will treat all communications between itself, its employees, and its subcontractors as being communications which are within the attorney-client privilege.
Section 12. Excusable Delays; Notice to Other Party of Delay. Consultant shall not be in breach of this Agreement in the event the performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Consultant. Force Majeure does not include: (a) Consultant’s financial inability to perform; (b) Consultant’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Consultant’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Consultant.
Section 13. Consultant Not Responsible for Damages. Under no circumstance is Consultant responsible for damages resulting from data loss, work interruptions, or system failures or crashes related to the City’s system, servers, computers, mobile device, or other electronic systems.
Consultant is not responsible for failure of the backup system due to physical failure, or omission of data from the backup job. It is City’s sole responsibility to notify the Consultant if a litigation hold is in place on any of the City’s systems and to verify the proper operation and configuration of backup systems.
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Section 14. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
Section 15. Independent Contractor. At all times during the Term, Consultant shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Consultant performs the services required under this Agreement. Consultant shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Consultant. City shall have the right to control Consultant only insofar as the result of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to this Agreement.
Section 16. Suspension of Services by City. City reserves the right to suspend Consultant’s Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Consultant notice of such suspension and Consultant shall, upon receipt of said notice, suspend all Services, except any Services the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of Consultant, Consultant shall be compensated for Services performed prior to notice of such suspension, as well as authorized reimbursable expenses under this Agreement. When the Project is resumed, Consultant’s compensation shall be equitably adjusted by the City to provide for expenses incurred by the interruption of the Services. In this regard, Consultant shall furnish to City such financial information, as in the judgment of the City Manager, as necessary to determine the reasonable value of the Services rendered by Consultant during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Consultant within thirty (30) days of Consultant resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Consultant for its expenses incurred by the interruption of Services may be determined by arbitration conducted in accordance with this Agreement. Such arbitration shall be commenced by Consultant no later than sixty (60) days following the event, which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
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Section 17. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, consultant or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Consultant or its subcontractors, or subcontractors in connection with Services performed under this Agreement (“Products” or “Product”), shall be, upon payment to Consultant, the property of City including any and all Products deemed works for hire or copyrights under title 17 of the United States Code. In the event it is ever determined that any Product created by Consultant or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Consultant hereby assigns all copyrights to such Products to City. With the prior written approval of City’s point of contact for the Project, Consultant may retain and use copies of such Products for reference and as documentation of its experience and capabilities. No Product prepared under this Agreement may be made available to any individuals or organizations without City’s prior approval.
All Products shall, upon payment to Consultant, become the property of City, irrespective of where located or stored, and Consultant agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Consultant’s services hereunder and upon payment to Consultant. Consultant shall have no ownership interest in such Products, except to the extent of any pre-existing intellectual property of Consultant, or its consultants, that may be part of such Products. Consultant and its consultants shall grant City a nonexclusive license to use such pre-existing intellectual property for the purposes contemplated under this Agreement.
All work product of Consultant under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Consultant agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement.
All materials shall be returned in the same condition as received.
In the event City uses the Products without retaining Consultant, City releases Consultant and its consultants, and causes of action arising from such uses. City, to the extent permitted by law, further agrees to indemnify and hold harmless Consultant from all costs and expenses, including the cost of defense related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from City’s use of the Products without retaining the Consultant. Where City uses the Products without retaining Consultant, City shall delete {CW126980.2} CONSULTANT SERVICES AGREEMENT
Consultant’s and its consultants’ seals and signatures from their respective title blocks and signature pages.
Section 18. Termination of Work by City for Convenience. Either Party shall have the right to terminate this Agreement at any time for its convenience by giving thirty (30) days written notice of such termination to the other Party. In the event City gives such notice of termination, Consultant shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Consultant shall, upon receipt of payment for its Services, deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement after Consultant has commenced performance under this Agreement, City shall pay Consultant the reasonable value of the Services rendered by Consultant, pursuant to this Agreement, prior to termination of this Agreement. City shall not in any manner be liable for Consultant’s actual or projected lost profits had Consultant completed the Services. Consultant shall furnish to City such financial information, as in the judgment of the City Manager, as necessary to determine the reasonable value of the Services rendered by Consultant prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Consultant prior to termination, and the Parties are unable to agree upon said amount within sixty (60) days following the date of the notice of termination by the City, such dispute may, upon the request of either Party, be resolved in accordance with Section 23. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Consultant after the date of the notice of termination.
Section 19. Assurance of Performance. If, at any time, City reasonably believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for reasonable written assurances of performance and a plan to correct observed deficiencies in Consultant’s performance. Failure to provide written assurances subsequent to such written request constitutes grounds to declare a breach under this Agreement.
Section 20. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Consultant did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
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Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Consultant’s failure to perform its obligations hereunder, or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Consultant to the extent it has been determined by adjudication or settlement that Consultant is responsible for such damages.
City shall not in any manner be liable for Consultant’s actual or projected lost profits had Consultant completed the Services required by this Agreement. In the event of cancellation by either Party, copies of all finished, or unfinished, Products shall become the property of City.
Section 21. Non-Solicitation. During the Term of this Agreement and for a two (2) year period after any termination of this Agreement, City shall not, without prior written consent of the Consultant, either directly or indirectly, on City’s own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by Consultant or any customer of Consultant.
Section 22. Non-Discrimination. In its performance of the Services, Consultant shall adhere to all applicable federal, state and local laws, rules, and regulations against discrimination based on race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran. In addition, any agreement with subcontractors, if approved as provided herein, must include applicable language required by the Office of Federal Contract Compliance Programs (OFCCP) that requires subcontractor to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
Section 23. Disputes. If a dispute arises between City and Consultant as to any provisions of this Agreement, City and Consultant may attempt to resolve any dispute by first entering into structured non-binding negotiations with the assistance of a mediator. The mediator shall be appointed by agreement of the Parties. If a dispute cannot be settled with the mediator within a period of thirty (30) calendar days, either Party may seek to resolve such dispute through legal action, subject, however to the limitation in damages provided herein.
Section 24. Insurance Coverage. During the Term, the Consultant shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide the City with written proof of said insurance. Consultant shall maintain coverage as follows:
24.1 General Liability. Consultant shall carry general liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property {CW126980.2} CONSULTANT SERVICES AGREEMENT
damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Two Million Dollars ($2,000,000).
24.2 Workers’ Compensation Insurance and Employer’s Liability. Consultant shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Consultant shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000) per accident, with a One Million Dollar ($1,000,000) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000) limit for each employee’s bodily injury by disease.
24.3 Errors and Omissions Liability. Consultant shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000) per occurrence or greater if appropriate for the Consultant’s profession. Architects and engineers’ coverage is to be endorsed to include limited contractual liability. Any deductibles or self-insured retentions greater than Two Hundred Fifty Thousand Dollars ($250,000) must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses. Consultant shall be solely responsible for the payment of such deductibles or self-insured retentions.
Section 25. Additional Insurance Requirements. Within five (5) days of the Effective Date, Consultant shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement, and Consultant shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance and, where noted, errors and omissions liability, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled without at least thirty (30) days prior written notice (except for ten (10) days written notice for nonpayment of premium) to City of such cancellation, and each policy shall be endorsed to state such unless the policy already provides for the same; (b) except for errors and omissions liability, name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant, or automobiles owned, leased, or hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to the City; (c) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self- insurance maintained by City or City’s Agents shall be in excess of Consultant’s insurance and shall not contribute to it; (d) except for errors and omissions liability, {CW126980.2} CONSULTANT SERVICES AGREEMENT
contain standard separation of insured provisions; and (e) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to the City.
Section 26. Indemnification.
26.1 To the fullest extent permitted by law (including, without limitation, California Civil Code, sections 2782 and 2782.8, Consultant shall defend with legal counsel reasonably acceptable to City, indemnify, and hold harmless the City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee, of Consultant or its subcontractors), expense and liability of every kind, nature and description to the extent such arise out of, pertain to or relate to acts or omissions that constitute negligence, recklessness, or willful misconduct on the part of Consultant, or any direct or indirect subcontractor, employee, contractor, representative or agent of Consultant, or anyone that Consultant controls (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents or any third party for which Consultant is not legally liable, but shall apply to all other Liabilities.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against City and City’s Agents. As applied to claims based on Consultant’s liability and notwithstanding the above or anything else in this Agreement, Consultant has no obligation to pay for any defense related costs prior to a final determination of its liability. Following any such determination of its liability, Consultant shall be responsible to pay any amount of such costs equal to the finally determined percentage of liability based upon the comparative fault of Consultant.
Section 27. Limitation of Damages. Notwithstanding any other provision of this Agreement, in no event shall City or Consultant be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 28. Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 29. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Consultant. {CW126980.2} CONSULTANT SERVICES AGREEMENT
Section 30. Notices. Any notice or communication required hereunder between City and Consultant must be in writing and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Oakdale
280 North Third Avenue
Oakdale, California, 95361
Attention: City Clerk
With copies to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.
If to Consultant: Halcyon Creek Inc.
DBA Mid Valley IT
3220 West Monte Vista Ave #298
Turlock, CA 95380
Section 31. General Provisions.
31.1 Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all Parties.
31.2 Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. {CW126980.2} CONSULTANT SERVICES AGREEMENT
31.3 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.
31.4 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.
Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
31.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for all legal proceedings shall be the Superior Court for the County of Stanislaus, State of California.
31.6 Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
31.7 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.
31.8 Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant’s charges to City under this Agreement.
31.9 Entire Agreement; Integration. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
31.10 Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
31.11 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
{CW126980.2} CONSULTANT SERVICES AGREEMENT
31.12 Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s 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.
31.13 Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
31.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
31.15 Computation of Time. Except where expressly provided to the contrary, as used in this Agreement, the word “day” shall mean “calendar day,” and the computation of time shall include all Saturdays, Sundays and exclude any state and federal legal holidays for purposes of determining time periods specified in this Agreement. If the final date of any period of time set out in this Agreement falls upon a Saturday, Sunday, or state or federal legal holiday, then the time of such period shall be extended to the next day that is not a Saturday, Sunday, or state or federal legal holiday.
31.16 City Business License. Consultant shall maintain a City of Oakdale business license.
[SIGNATURES ON FOLLOWING PAGE.]
{CW126980.2} CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Consultant as of the above-referenced Effective Date.
CITY:
City of Oakdale, a California municipal
corporation
By:
Bryan Whitemyer, City Manager
Resolution No.:
CONSULTANT:
Halcyon Creek, Inc DBA Mid Valley IT, a
California Corporation
By:
Name:
Title:
Attest:
Rouzé Roberts, City Clerk
Approved as to Form:
By:
Tom Hallinan, City Attorney
{CW126980.2}
EXHIBIT A
Services
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: March 20, 2023
To: Mayor and Members of the City Council
From: Amber Jones, Management Analyst
Reviewed By:Jeff Gravel, Public Services Director
Subject: Consideration and Adoption of a Resolution Accepting the 2022 Annual General Plan Progress Report and the 2022 Annual Housing Element Progress Report
I. BACKGROUND
The California Government Code Section 65400, requires that cities provide an annual report by April 1st of each year to their legislative body, the Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) on progress made toward implementing the General Plan goals and policies. The annual report does not require approval by these State Agencies.
II. DISCUSSION
The Annual Progress Report (APR) highlights the status of the General Plan and the progress in its implementation, including activity towards meeting the City’s Regional Housing Needs Allocation (RHNA) and any actions taken by the City towards completion of Programs identified in the City’s Housing Element, during the each calendar year.
Using a form provided by HCD, the annual report (Attachment B) provides a snap shot of housing unit production, summarizes the annual housing building activity for new development entitlements, new construction permits issued and certificates of occupancies.
The purpose of these annual reports is to: 1) remain compliant with Government Code Section 65400 and the progress on the implementation of the Housing Element; 2) Update the City Council and Planning Commission on housing development and implementation of the general plan programs; and 3) Ensure eligibility for State grant funding.
During 2022 the City of Oakdale had the following housing activity:
New Development Entitlements
The Planning Commission approved the following new development entitlements:
Vesting Tentative Subdivision Map 2021-36 for a 133-lot single family residential subdivision (Saddlewood Unit 1) located on West F Street and Crane Road; Vesting Tentative Subdivision Map 2021-40 for a 33-lot single family residential subdivision (Saddlewood Unit 2) located on West F Street and Crane Road; Vesting Tentative AGENDA ITEM 11.2
CITY OF OAKDALE
City Council Staff Report
Subject: Acceptance of the 2022 Annual Progress Report of the General Plan CCSR: 2022 General Plan Annual Report Page 2
Subdivision Map and Rezone 2020-22 for a 37-lot single family subdivision located on Old Stockton Road (Hill Road); the General Plan Amendment and Rezone 2019-17 (East F Street Multi-Family) for a 48-unit multi-family residential development, located on East F Street.
New Permits Issued
A total of 22 single-family residential home permits were issued within the Bridle Ridge Subdivision and the River Pointe Subdivision (located on River Avenue) and 2 permits was issued for an accessory dwelling unit (ADU) for a total of 24 residential housing units issued.
Certification of Occupancy Issued
The City issued Certificate of Occupancies for a total of 0 housing units, including singlefamily, multi-family and ADU units.
Progress Towards Regional Housing Needs Allocation (RHNA) Period The City of Oakdale’s 2015-2023 Housing Element was adopted by the City Council on April 4, 2016, and certified by HCD on May 24, 2016. The Housing Element establishes the City’s strategy for meeting community housing needs during the current Housing Cycle 2015-2023. The RHNA table as shown below for the 2015-2023 Housing Cycle has been updated to reflect progress made toward the City’s RHNA goal. The total RHNA goal for the current Housing Cycle is 1,247 units, which is tracked through the issuance of building permits. 588 units represents the total housing units permitted during the 2015-2023 Housing Cycle leaving the City with a 659 unit goal remaining.
The City is currently processing land use applications for various residential developments, including the proposed Tesoro IV Subdivision (71 single family residential lots), annexation of the Sierra Pointe Specific Plan area (700-800 single and multi-family residential units). These Projects are anticipated to begin construction (if approved) in the 6th Housing Element Cycle. The City also continues to coordinate with the Development of the Belmare Senior Living Project, which upon build-out, will provide memory care and assisted living residential units.
On March 1, 2023 the Planning Commission adopted a Resolution Accepting the Annual Progress Report as presented. The action passed unanimously with one Commissioner absent.
III. FISCAL IMPACTS
There is no fiscal impact associated with accepting the 2022 Annual General Plan Progress Report and the 2022 Annual Housing Element Progress Report.
IV. RECOMMENDATION
Staff recommends that the City Council accept the 2022 General Plan Annual Status Report and the 2022 Annual Housing Element Progress Report and direct staff to forward the report to the appropriate State Agencies.
CITY OF OAKDALE
City Council Staff Report
Subject: Acceptance of the 2022 Annual Progress Report of the General Plan CCSR: 2022 General Plan Annual Report Page 3
V. ATTACHMENT
Attachment A: Draft City Council Resolution 2023-XX
Attachment B: 2022 Annual Report on the Status of the General Plan Exhibit A: 2022 Annual Housing Element Progress Report
CITY OF OAKDALE
2022 ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN
2022 General Plan Annual Report
Introduction
The City of Oakdale’s Planning Commission is required by Government Code Section 65400 to present an annual report to its legislative body (City Council), the Office of Planning and Research (OPR), and the Department of Housing and Community Development (H&CD) by April 1st of each year.
The purpose for the Annual Progress Report is to assess how the General Plan is being implemented in accordance with adopted goals, policies and implementation measures; identify any necessary adjustments or modifications to the General Plan as a means to improve local implementation; provide a clear correlation between land use decisions that have been made during the 12- month reporting period and the goals, policies and implementation measures contained in the General Plan; and to provide information regarding local agency progress in meeting its hare of regional housing needs.
The Annual Report must include all of the following: a) the status of the plan and progress in its implementation, b) the progress in meeting its share of the regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, the degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 as well as, c) the date of the last revision to the general plan.
Additionally, the Planning Commission must investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for the orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditures of public funds relating to the subjects addressed in the general plan.
General Plan
The City of Oakdale’s 2030 General Plan was adopted on August 8, 2013. The General Plan contains seven (7) State-required elements, which are land use, circulation, housing, conservation, open space, noise and safety. The State allows the combining of elements or the addition of new elements as long as the required seven elements are present in some fashion. The following table identifies the relationship between the elements of the 2030 General Plan and the required content of the State mandated elements.
ATTACHMENT B
CITY OF OAKDALE
2022 ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN
2022 General Plan Annual Report
S tate M andated G eneral P lan E lements
Oakdale 2030 General Plan Elements
Land UseCirculationHousingConservationOpen SpaceNoiseSafetyAdditional Elements Land Use & Community Form X X X X X X
Economic Vitality X X
Mobility X X X
Public Facilities X X
Community Services X X X X
Natural Resources X X X
Public Health & Safety X
Noise X
Housing X
Local governments are required to keep their General Plans current and internally consistent. There is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element, which is required to be updated every five years. Oakdale’s Housing Element was last updated and certified by the State Housing and Community Development Department in 2016.
The following represents the progress the City has made toward implementing the goals and guiding policies of the General Plan during the reporting period. The list is organized to correspond with the elements of the Oakdale 2030 General Plan.
LAND USE & COMMUNITY FORM
• There were no annexations approved in 2022.
The City approved 1 General Plan Amendment During 2022:
• General Plan Amendment No. 2019-17, approved by the City Council on October 17, 2022. GPA No. 2019-17 allows for the development of 48 multi-family residential units.
The City processed the following New Development Land Use Entitlements During 2022:
• Vesting Tentative Subdivision Map 2021-36 for a 133-lot single family residential subdivision (Saddlewood Unit 1);
• Vesting Tentative Subdivision Map No. 2021-40 for a 33-lot single family residential subdivision (Saddlewood Unit 2);
• Vesting Tentative Subdivision Map and Rezone 2020-22 for a 37-lot single family subdivision located on Old Stockton Road (Hill Road). • General Plan Amendment and Rezone 2019-17 (East F Street MultiFamily) for a 48-unit multi-family residential development, located on East F Street.
CITY OF OAKDALE
2022 ANNUAL REPORT ON THE STATUS OF THE GENERAL PLAN
2022 General Plan Annual Report
ECONOMIC VITALITY
• There were no amendments to the Economic Vitality Element in 2022.
MOBILITY
• There were no amendments to the Mobility Element in 2022.
PUBLIC FACILITIES
• There were no amendments to the Public Facilities Element in 2022.
COMMUNITY SERVICES
• There were no amendments to the Community Services Element in 2022.
NATURAL RESOURCES
• There were no amendments to the Natural Resources Element in 2022.
PUBLIC HEALTH & SAFETY
• There were no amendments to the Public Health & Safety Element in 2022.
NOISE
• There were no amendments to the Noise Element in 2022.
HOUSING
• There were no amendments to the Housing Element in 2022. • During 2022 the City issued 22 Single-Family Residential building permits and issued 2 permits for an Accessory Dwelling Unit (ADU). • During 2022 the City issued 0 Certificate of Occupancies for any housing units.
• During 2022 the City continued on certain tasks associated with the SB2 Grant such as the Development of Building Plans for ADU’s and Zoning Code Amendment for ADU’s. Adoption of the Zoning Code Amendment is anticipated to occur in Spring 2023.
• On November 9, 2021 the City received an Award Letter from the State of California Department of Housing and Community Development (HCD) for the Local Early Action Planning (LEAP) Grants Program in the amount of $150,000. These funds will cover the City’s cost of preparing the 6th Cycle Housing Element Update.
• The following report addresses the progress in meeting the Regional Housing Need Allocations (RHNA) housing goals and the attainment of housing goals and objectives specified in the 2015-2023 Housing Element. The State of California Department of Housing and Community Development has required a report format that consists of Excel spreadsheets, which are attached as Exhibit A.
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
455 S 5th Avenue
Oakdale
95361
Please Start Here
General Information
2022
Oakdale
Contact Information
Amber
Jones
Management Analyst
[email protected]
2098453609
Mailing Address
Annual Progress Report January 2020
Jurisdiction Oakdale ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 71 71 0 0 064-013-015 064-013-015
219 Lundy Road Tesoro IV 2022-15 VTSM
Tesoro IV
SFD O
8/4/2022
71 71 No No No Pending
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Jurisdiction Oakdale ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Table A2
Streamlining Infill
2 3 5 6 8 9 11 12 13 14 15
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 251 251 0 0 0 0 0 0 24 24 0 0 0 0 0 0 0 0 0 0 130-016-021 130-016-021 572 Eucalyptus Ave ADU 2022-00063 ADU O 0 1 10/6/2022 1 0 N 064-008-830 064-008-030 943 Terrace Ct ADU 2022-00072 ADU O 0 1 11/16/2022 1 0 N 064-013-009 064-013-009 2125 Via Prego Tesoro II 2022-00018 SFD O 0 1 3/29/2022 1 0 N 064-013-009 064-013-009 2117 Via Prego Tesoro II 2022-00018 SFD O 0 1 3/29/2022 1 0 N 064-013-009 064-013-009 2109 Via Prego Tesoro II 2022-00018 SFD O 0 1 3/29/2022 1 0 N 064-013-009 064-013-009 2101 Via Prego Tesoro II 2022-00035 SFD O 0 1 6/10/2022 1 0 N 064-010-008 064-010-008 1624 E F St Oakdale Saddle
Club 2022-00036 MH R 0 1 6/14/2022 1 0 N
063-002-017 063-002-017 1030 Meadowlands The Meadowlands 2022-00041 SFD O 0 1 7/8/2022 1 0 N 063-024-017 063-024-017 1034 Meadowlands The Meadowlands 2022-00041 SFD O 0 1 7/8/2022 1 0 N 064-082-032 064-082-032 2050 Carmel Ranch Carmel Ranch 2022-00051 SFD O 0 1 8/19/2022 1 0 N 064-013-009 064-013-009 2133 Via Prego Tesoro II 2022-00056 SFD O 0 1 9/13/2022 1 0 N 064-013-009 064-013-009 2009 Via Prego Tesoro II 2022-00056 SFD O 0 1 9/13/2022 1 0 N 064-013-009 064-013-009 2141 Via Prego Tesoro II 2022-00057 SFD O 0 1 9/13/2022 1 0 N 064-082-001 064-082-001 1926 Carmel Ranch Carmel Ranch 2022-00062 SFD O 0 1 10/4/2022 1 0 N 064-082-002 064-082-002 1930 Carmel Ranch Carmel Ranch 2022-00062 SFD O 0 1 10/4/2022 1 0 N 064-082-035 064-082-035 1929 Carmel Ranch Carmel Ranch 2022-00063 SFD O 0 1 10/6/2022 1 0 N 064-082-036 064-082-036 1925 Carmel Ranch Carmel Ranch 2022-00063 SFD O 0 1 10/6/2022 1 0 N 064-002-027 064-002-027 919 Old Stockton Rd Whispering Oaks 2022-00071 SFD O 0 1 11/15/2022 1 0 N 064-002-027 064-002-027 919 Old Stockton Rd Whispering Oaks 2022-00071 SFD O 0 1 11/15/2022 1 0 N 064-002-027 064-002-027 919 Old Stockton Rd Whispering Oaks 2022-00071 SFD O 0 1 11/15/2022 1 0 N 064-002-027 064-002-027 919 Old Stockton Rd Whispering Oaks 2022-00071 SFD O 0 1 11/15/2022 1 0 N 064-002-027 064-002-027 919 Old Stockton Rd Whispering Oaks 2022-00072 SFD O 0 1 11/15/2022 1 0 N 063-085-042 063-085-042 1028 Longview Dr The Meadowlands 2022-00075 SFD O 0 1 11/30/2022 1 0 N 063-085-041 063-085-041 1024 Longview Dr The Meadowlands 2022-00075 SFD O 0 1 11/30/2022 1 0 N 063-012-012, 043,
044
063-012-012, 043,
044
2706 and 2518 West
F Street; 8112 Crane
Road
Saddlewood
Subdivision Unit 1 VTSM 2021-36 SFD O 133 7/6/2022
133
0 0 N
063-012-040, 047 063-012-040, 047 2706 and 2518 West
F Street; 8112 Crane
Road
Saddlewood
Subdivision Unit 2 VTSM 2021-40 SFD O 33 7/6/2022
33 0 0 N
064-002-027, 064-
002-035
064-002-027, 064-
002-035
666 Hill Road, 919
Old Stockton Road Whispering Oaks VTSM, RZ, AR 2020-22 SFD O 37 2/22/2022 37 0 0 N 064-043-018 064-043-018 East F Street Multi-Family
Residential Project GPA, RZ 2019-17 SFD O 48 10/17/2022 48 0 0 N Note: "+" indicates an optional field
Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Oakdale ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - 14 - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - 1 43 - 1 - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - 4 76 4 - - - - -
Above Moderate 520 - - 101 34 119 33 95 39 24 - 445 75
1,247
- - 105 110 124 90 95 40 24 - 588 659
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
158 - - - - 14 - - - - 14 144
157
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
126
14 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
84 Moderate
315
202
210
Please contact HCD if your data is different than the material supplied here 45 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
301
Jurisdiction Oakdale
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
1.1 Capacity to
Accommodate Regional
Need
RHNA allocation of 315 very low-income
units, 202 low-income units, 210
moderate income units, and 520 above
moderate-income units during the nine
year planning period.
Annually
In September 2015, the City annexed the Crane Crossing Specific Plan which annexed 98.66 acres for 353 units. In addition, the City has received an application for annexation for the Sierra Pointe Specific Plan which is approximately 297 acres, at buildout the Specific Plan will provide approx. 901 dwelling units.
1.2 Adequate Sites for All
Housing Types and
Income Groups
Identify and maintain an adequate
supply of residential land with
appropriate zoning and land use
designations to support all housing
types and income groups including
extremely low-, very low-, moderate-,
and above-moderate.
2015-2023
The city adopted the 2030 General Plan in April, 2013. The Plan provides for a total of approx. 15,504 dwelling units. (Source: 2030 Adopted General Plan/Land Use & Community Form/Development Potential.)
1.3 Manufactured
Housing/Mobile Homes
Allow manufactured housing/mobile
homes in all residential districts
provided the manufactured
housing/mobile home meets the same
standards as conventional housing and
is placed on permanent foundation, and
continue to permit the temporary use of
mobile homes for medical
circumstances in both residential and
commercial zones.
Ongoing, 2015-2023 Manufactured homes built after 1978 are allowed by right in all residential disricts on permanent foundations.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
1.4 Single-Room
Occupancy Units
Conduct a study to determine the
feasibility of preserving and
rehabilitating existing motels and/or
residential buildings in Oakdale suitable
for single-room occupancy (SRO) units
to support housing needs for extremely
low income households in accordance
with State law, and provide incentives
(e.g., reduced developer fees, other fee
discounts, deferrals, and/or waiters) to
assist housing developers in
constructing and/or preserving SRO
facilities.
2018
The City Building staff and Code Enforcement officer provide Planning staff with a list of substandard and dilapidated housing units identified in the course of his or her duties which could benefit from rehabilitation consiustent with the requirements of the Health and Safety Code Section 17995.3.
1.5 Housing Rehabilitation
Program
*Investigate new funding opportunities
and administer funds as they become
available. *Promote engergy efficiency
improvements to households
participating in the program. *Continue
to provide informational materials about
the program at the planning department,
on the City website and in other public
places to increase awareness.
Ongoing, 2015-2023
The City continues to implement, promote, and encourage information materials at the planning department counter and website about the HOME and Community Develoment Block Grant (CDBG) Consortium for rehabilitation of the City's older housing stock through City outreach targeted at Oakdale's older neighborhoods.
1.6 Housing Condition
Survey
The code enforcement officer will
maintain a list of substandard and
dilapidated housing units identified in
the course of his or her duties which
could benefit from rehabilitation
consistent with the requirements of the
Health and Safety Code Section 1795.3.
Objective: Complete a housing
conditions survey.
Not less than every five (5)
years
The City Building staff and Code Enforcement officer provides Planning staff with a list of substandard and dilapidated housing units identified in the course of his or her duties which could benefit from rehabilitation consistent with the requirements of Health and Safety Code Section 17995.3.
1.7 Homeownership
Education and Counseling
All First Time Home-buyers receiving
City Down Payment Assistance. Ongoing, 2015-2023
The City requires all first time homebuyers receiving city down-payment assistance attend a minimum of 8-hr homeownership education, prior to close of escrow. The City refers buyers to agencies, such as Habitat for Humanity, Stanislaus County who provide free classes and counseling. Topics covered:
Planning & Preparation, Understand Credit, Managing a Budget and Protecting your Investment.
1.8 Code Enforcement
The City will enforce, on a complaint or
requst basis, local, zoning; housing, fire,
and building codes; and standards for
landscaping, maintain safe and decent
housing. Property owners with code
violations who meet eligibility
requirements for participation in local
programs will be offered an opportunity
to correct code violations utilizing
financial assistance, when funds are
available.
Ongoing, 2015-2023
In 2016, the City hired a code enforcement officer to enforce, local zoning; housing, fire, and building codes; and standards for landscaping, maintain safe and decent housing
1.9 Monitor and Preserve
Affordable Housing
The City has identifed five developments
with a total of 254 units which generally
have covenants that do not expire until
after 2030. To determine how effective
the City housing programs have been in
the development and maintenance of
affordable housing, the City will monitor
these affordable units to ensure that the
rent payments charged are consistent
with levels appropriate for the identified
income category.
Ongoing, 2015-2023
The City currenlty tracks the following affordable housing units locally through the annual certification and will be monitored annually to ensure they meet affordability requirements. Garden Apts. 42, Oakdale Apts. 42, Oakdridge Apts. 41, Oakdale Haven 80 and Hertage Oaks Apts. 49.
2.1 Housing Opportunity
Sites
To facilitate the development of
affordable housing and accommodate
the 2015-2023 RHNA allocation, the City
has identified two vacant lots located at
Pedersen and J Street with
approximately 3 acres. The property
was purchased with Neighborhood
Stabilization Program (NSP). The City
will particpate with the Stanislaus
County HOME Consortium and request
up to $1,000,000 in CDBG/NSP
consortium funds to assist in the
development of addordable multi-family
units. Objective: 35-50 affordable multifamily units.
Development by 2023
The Stanislaus County Housing Authority constructed a 56 multi-family unit apartment complex in 2020. The project is located at Pedersen and J Street with approimatley 3 acres. This project was approved by the Oakdale City Council on January 16, 2018 and was finaled in December of 2020.
2.2 Second Units
Allow second units by right in all
residential discricts to encourage
opportunities for affordable housing and
promote the development of second
units through providing information
materials on the City's website including
a description of the second unit
application process, requirements, and
potential City development
incentives.Objective: 7 low income units
Ongoing, 2015-2023
The City continues to encourage the use of second units in single-family residential areas to offer a more affordable housing option. Also the City will recevie SB 2 Grant Funds to create ready to build ADU Building Plans from 250 sf to 1,000 sf with participating jurisdictions within Stanislaus County and provide code amendments to the Oakdale Zoning Code to be consistent with State Law.
2.3 First-Time Homebuyer
Down Payment Assitance
Program
Provide first-time homebuyer down
payment assistance with funding from
the State of California Department of
Housing and Community Development
(HCD) and the U.S. Department of
Housing and Urban Development (HUD)
to lower income households and
promote and encourage program
participation through providing
informaiton on the City's website
inlcuding program guidelines, eligibility
requirements, the application, and a City
contact for more information. Objective:
25 very low-, low-, and moderate-income
households.
Ongoing, 2015-2023
Through funding from HOME and NSP funding the City received funding to assist low-income families with Down Payment Assistance in low-interest, deferred payment loans.
2.4 First-Time Homebuyer
Program
Work with local lenders and the Housing
Authority to encourage participants in
the City's First-Time Homebuyer
Program and participate with local
lenders and the Stanislaus County
Housing Authority to provide first-time
homebuyers with the ability to take 20-
percent of their annual mortgage
interest as a dollar-for-dollar tax credit
against their federall income tax.
Quantified Objective: 25 very low-, low-,
and moderate-income households.
Ongoing, 2015-2023 City staff meets and collaborates with local lenders and realtors to encourage participation in the City's First-Time Homebuyer Program.
2.5 Multi-Family
Afforadable Housing
Developer Incentive
Program
Provide incentives to affordable housing
developers that provide for very low-and
low-income housing units.Quantified
Objective: 80 very low-, low-, and
moderate-income households
As development
applications are submitted
and reviewed annually,
2015-2023
The City contracted with the Housing Authority to administer its NSP program and purchased 2 vacant parcels (approx. 3 acres) on Pedersen Rd. & J Street. Oakdale City Council approved this project on January 16, 2018 and the project was completed in December 2020.
2.6 Alternative Housing
Models
The City regognizes the changing
housing needs of its populaton,
including aging seniors, and disabled
residents, inlcuding the developmentally
disabled in need of suportive services.
To meet such needs, the City can
encourage the provision of more
innovative housing types that may be
suitable for the community, including
community care fcilities, supportive
housing, and assisted living for seniors
and the disabled. Assisted living
facilties are designed for individuals
needing assistance with activities fo
daily living, but desiring to live as
independlty as possible for as long as
possible. Such facilities bridge the gap
between independent living and nursing
homes, and offer residents help with
daily activities such as eating, bathing,
dressing, laundry, housekeeping, and
assitance with medications. Assisted
living can help to meet the housing and
supportive service needs of the senior
and disabled population. Quantified
Objective: Facilitate the development of
alternative housing models suited to the
community housing needs through the
provision of flexible zoning regualtions.
Continiue to provide appropriate
standards to encourage development of
Ongoing, 2015-2023
The City currently has in construction an Assisted Living Project at 1450 West F Street. The project will consist of 110,580 gross square feet of building space involving 110 units. Phase 1 will consist of an assisted lving facility, memory care building space. The assisted lving faciltiy will consist of 67,487 square feet involing 60 units total. Phase II will consit of a memory care facilty and villas. The memory care facilty is 18,697 square fee involving 26 units. The villas buliding is 22,952 square feet involving 24 untis.
2.7 State and Federal
Housing Programs
Seek and use all available funding
programs and other types of housing
assistance (CDBG, HOME, Cal HOME,
Proposition 46 and Proposition 1-C,
CHFA, HUD Section 202, HUD Section
811 and Federal Low Income Housing
Tax Credits) in effort to accommodate
the housing needs unique to special
needs groups including funding
specifically targeted for the develoment
of housing affordable to extremely lowincome households. The City will monitor the availability of local, State,
and federal housing programs on an
annual basis. Quantified Objective: 25
extremely low-, very low-, and low-, and
moderate-income households.
Annually The City participates in the Stanislaus HOME Consortium, which receives annual federal entitlement of HOME funds.
2.8 Jobs Housing Balance
Maintain a sufficient inventory of land
zoned for commercial and industrial
uses to permit economic development
necessary to provide employment for
the new households identified in the
Regional Housing Needs Assessment
(RHNA).
Ongoing, 2015-2023
The adopted 2030 General Plan provides for a total of approx. 18 million sq. ft. of non-residential uses accommodating approx. 31,849 employees. When jobs and housing are compared, the General Plan provides for a ratio of 2.0 jobs for each housing unit. (Source: City of Oakdale 2030 General Plan/Land Use/Development Potential). Currently, the City maintains an inventory of land zoned for commercial and industrial uses within the East F Street Specific Plan, the South Oakdale Industrial Specific Plan and the Crane Crossing Specific Plan.
2.9 Reduced Fees for Infill
Sites
Provide incentives (e.g., reduced
developer fees, other fee discounts,
deferrals, and/or waivers) in an effort to
remove constraints in developing infill
sites for projects that include extremely
low-income, very low-income, lowincome, or senior units.
Ongoing, 2015-2023
In January 2016, the City Council adopted a resolution updating the City's Capital Facilities Fees in accordance with Government Code 6600 Et Seq. In this update some fees decreased.
2.10 Research Deveoping
and Affordable Housing
Program
Research the possibility of developing
an affordable housing program through
the creation of a City Municipal Code
ordinance that would require new
residential development to provide for a
specified proportion of low- and
moderate-income housing units along
with the market-rate units. The potential
requirements of such an ordinance will
be explored and options will be brought
before the City Council to decide if an
affordable housing ordinance is an
effective strategy for the provision of
affordable housing in Oakdale.
2018
Staff continues to make every effort to work with other agencies and non-profit developers to create and maintain affordable housing . The development of Hertiage Oaks is an excellent example of a project successfully completed with staff guidance, assistance and support. Staff has been working with the Stanislaus County Housing Authority for the development of Oak Leaf Meadows project which consists of 56 unit multi-family project that completed construction in December 2020.
2.11 Water and Sewer
Service Priority for
Affordable Housing
Provide a copy of the adopted City of
Oakdale Housing Element in accordance
with State law to all water and sewer
providers serving Oakdale in support of
granting priority for service allocations
to proposed developments that include
housing units affordable to lower
income households.
Deliver Housing Element
within 30-days of
Adoption. Prepare
Procedures Manual by end
of 2018
The City is the sole provider of water and sewer for potential new developments within its city limits. Copies of the Housing Element have been shared with Public Works Staff.
2.12 Coordination with
Other Agencies to Monitor
At-Risk Projects
Monitor at-risk assisted housing
projects to ensure the affordability
covenants remain and work with the
necessary agencies and sources of atrisk projects (e.g., California Housing Partnership Corporation (CHPC), the
Housing Authority, the owners of at-risk
units, HCD, and HUD) to provide support
and coordination in addressing the wide
range of preservation needs, issues, and
opportunities.
Ongoing, 2015-2023
In 2018, staff expedited the Building plan check review process for the Oak Leaf Meadows project. The expedited plan review allowed the developer to meet the requirements for the Low-Income Housing Tax Credit funding in a timely matter to preserve affordable covenants. That project was completed in December of 2020.
2.13 Crane Crossing
Specific Plan Annexation
The City shall maintain its vacant sites
inventory by facilitating the
development of the Crane Crossing
Specific Plan, and designate thereinsufficient sites to accommodate the dwelling units identified in Table 3-42,
and specifically, those sites designated
for higher density development in order
to meet the reginal housing needs of
lower income households. On July 22,
2015, Stanislaus LAFCO approved the
annexation of the Crane Crossing
Specific Plan into the City of Oakdale.
The official annexation became effective
in September, 2015. To promote
housing for lower-income groups, the
City shall permit the development of
sites designated for higher density
development in accordance with Section
65583.2(h) and (i) of the Government
Code, including permitting multi-family
housing without discretionary review, or
beyond what is typically required by the
city. The City will also consider allowing
additional density bonuses within the
Crane Crossing Specific Plan for
affordable housing development
projects that commit to provding
Extremely Low-, Very Low-, and Low
Income Housing.
Ongoing, 2015-2023 Ongoing as development projects are submitted for consideration.
2.14 Crane Crossing
Specific Plan- Lot
Consolidation
In an effort to assist in the multi-family
development within the Crane Crossing
Specific Plan, the City will play an active
role in facilitating lot consolidation for
parcels listed in Table 3-42A. For
example, the City will work with nonprofit developers and owners of small sites to identify and consolidate parcels
to facilitate the development of housing
affordable to lower income households.
The lot consolidation procedure will also
be discussed with developers during the
pre-applcation review process.
Ongoing, 2015-2023, and
as interested parties
inquire about multi-family
development within the
Crane Crossing Specific
Plan
Ongoing as development projects are submitted for consideration.
2.15 Monitoring of
Residential Capacity (No
Net Loss)
The City will monitor the consumption of
residential acreage to ensure an
adequate inventory is available to meet
the City's Regional Housing Need
Allocation obligations. To ensure
sufficient residential capacity is
maintained to accommodate the RHNA,
the City will annually review its invetory
available for residential develoment.
Should a reduction in capacity below the
residential capacity needed to
accommodate the remaining need for
lower-income households, the City will
indentify and, if necessary, rezone
sufficient sites to accommodate the
shortfall and ensure a "no net loss" in
capacity to accommodate the RHNA.
Annually Ongoing as development projects are submitted for consideration.
3.1 Remove Development
Constraints
Staff will periodically review the
development standards for the
residential zones to identify standards
that may constrain the development of
affordable housing and housing for
special groups, such as disabled
individuals. The City is flexible and is
committed to working with developers
to build affordable units, which may
require modifications to constraining
standards. Flexible development
standards provision allow for variation
of the development/design standards
required by the multifamily zones when
affordable units are include in
development. Allowed modifications
inlcude such standards as parking, unit
size, lot size lot dimensions, setbacks,
common open space, art in public
spaces standard/fees and public work
improvements. Quantified Objective:
*On an annual basis, review
development standards, to ensure that
the development of lower inocme
housing can occur. Revise the
development code to address all
constraints identified in the Housing
Constraints section. *Continue to offer
flexible development standards to
facilitate the development of affordable
housing through promotion of maximum
Ongoing, 2015-2023 Ongoing as development projects are submitted for consideration.
3.2 Streamline Application
Process
Streamline and improve the
development review process through
the City’s “One Stop Shop” efforts to
eliminate any unnecessary delays and/or
restrictions to the development of
affordable housing including projects
with extremely low-income units built by
the Housing Authority, nonprofits, and
other affordable housing providers.
Ongoing, 2015-2023
The City continues its "One Stop Shop" efforts to streamline and improve the development review process to eliminate any unnecssary delays and/or restrictions.
3.3 Large Family
Households
Provide incentives to developers to
encourage the inclusion of units with
three or more bedrooms to
accommodate low-income large family
households. Individual projects will be
evaluated to determine if they qualify for
any incentives on a case by case basis.
Objective: Provide information at the
planning counter and the City website.
Ongoing, 2015-2023
The City continues to seek and use all available funding programs and other types of housing assistance in an effort to accommodate the housing needs unique to large family households. The Oak Leaf Meadows Project will have 2 and 3 bedroom units to accomodate large family households.
3.4 Reasonable
Accommodations
Information and Referral
Provide information to individuals with
disabilities regarding reasonable
accommodations policies, practices,
and procedures based on guidelines
from the California Housing and
Community Development Department
(HCD). This information will be
disseminated through postings and
pamphlets at City and other public
buildings and the City’s website
(http://www.oakdalegov.com). The
information will also have the
information distributed through the fair
housing agency Project Sentinel,
Disability Resource Agency for
Independent Living (DRAIL), and the
Housing Authority.
Ongoing
The City provides information to individuals and referral to free technical advice and services such as removing ability barriers from home or property Administered by the Disability Resource Agency for Independent Living (DRAIL) located at 920 12th Street, Modesto, CA 95354; (209) 521-7260.
3.5 Handicapped Barrier
Removal Program
Support the Handicapped Barrier
Removal Program administered by the
Disability Resource Agency for
Independent Living (DRAIL), which
provides free technical advice and
funding options regarding the removal
of ability barriers from home or property.
Ongoing
The the City was awarded a Caltrans Sustainable Transporation Planning Grant for an Accessibility Master Plan. The plan will enable the City to address deficiencies in the pedestrian infrastructure by identifying and priortizing solutions through extensive interation with the public, youth, elderly and the disabled and committing to an action plans to implement solutions. This plan was adopted by the City Council on December 4, 2018.
3.6 Water and Wastewater
Providers
Pursuant to Chapter 727, Statues of 2005
(SB 1087), deliver adopted housing
element and any amendment thereto to
local water and wastewater service
providers. This legislation allows for
coordination between a jurisdiction and
water and wastewater providers when
considering approval of new residential
projects, to ensure that the providers
have an opportunity to provide input on
the Element.
Within one year of
Housing Element adoption
A copy of the Housing Element is on the City website. The City is the sole provider of water and sewer for potential new develoment within its city limits.
Copies of the Housing Element have been shared with Public Works Staff.
3.7 Flood Management
Review and revise where appropriate the
Conservation and Safety Elements
(Public Health & Safety Element of the
2030 General Plan) to consider flood
risks when making land use decisions in
accordance with Government Section
65302.
Ongoing, 2015-2023
On December 5, 2016 the City Council adopted Resolution No. 2016-140 approving the General Plan Amendment to the Public Health and Safety Element pursuant to the requirement of California Senate Bill 5 and associated legislation related to provision of 200-Year Flood Protection for California Urban Areas.
4.1 Fair Housing
Participate in local fair housing
strategies, including collaborating with
Project Sentinel, the local Fair Housing
Agency, as well as other federal and
State fair housing agencies to help
identify the impediments to fair housing
choice. Comply fully with all federal,
State, and local non-discrimination laws
and with the rules and regulations
governing Fair Housing and Equal
Opportunity in housing and
employment. Accept complaints for
forwarding to the California Department
of Fair Employment and Housing.
Distribute fair housing policies and
public information on the enforcement
activities of the State Fair Employment
and Housing Commission through
posting at City department offices and
other public buildings, distributing with
other housing program materials, within
employment notices, and on the City’s
website (http://www.oakdalegov.com).
When appropriate, publish informational
notices in both English and Spanish.
Ongoing, 2015-2023
The City referes fair housing complaints to Project Sentinel Fair Housing in Modesto (209) 236-1577. The City will continue to participate in local fair housing strategies, including collaborating with Project Sentinel, the local Fair Housing Agency, as well as other Federal and State fair housing agencies to help identify the impediments to fair housing choice. When appropriate, publish informational notices in both English and Spanish.
4.2 Housing Choice
Voucher Program
Support the Stanislaus County Housing
Authority who sponsors and implements
the County's Housing Choice voucher
program that is available to qualifying
extremely low- and very low- income
households and work with the Housing
Authority to provide information to
Oakdale residents on the availability of
the Section 8 program. Quantified
Objective: 60 extremely low-and 60 very
low-income units.
Ongoing, 2015-2023
The City continues to support the Housing Authority of Stanislaus County in implementing the County's Housing Choice Voucher program through providing information and referrals to the Authority.
4.3 Coordination with
Agencies Serving
Homeless
Work with homeless service providers
and agencies in the region to support
the efforts of homeless assistance, site
identification, and funding applications.
Ongoing, 2015-2023
As a participating member of the Stanislaus County Consortium, the City continues to work with agencies such as the County Social Services Agency, Women's Haven, the Community Housing and Shelter Services, and the Unitied Way.
5.1 Density Bonus
Ordinance
To allow for an encourage the
development of higher density
residential project to increase
opportunities for affordable units, the
City will implement, promote, and
encourage the City's Density Bonus
Ordiance by targeting the development
community through informational
materials on the City's website that
describes the density donus application
process, requirements, and list the
available developer incentives or
concessions.Quantified Objective: 75
very low-and low-income units
Ongoing, 2015-2023
The City permitted an additional 8 units for the Hertiage Oaks Senior Apts. (income/age restricted project) for a total of 50 units on 1.5 acres. To allow for an encourage the development of higher density residential projects to increase opportunities for affordable units, the City will implement, promote, and encourage the City’s Density Bonus Ordinance (Chapter 36, Section 36-18-20.3 and 36-18-20.10) by targeting the development community through informational materials on the City’s website (http://www.oakdalegov.com) that describes the density bonus application process, requirements, and lists the available developer incentives or concessions (e.g., increased density, reduction of site development standards, modification of Zoning Code or architectural design requirements, or deferred development impact fees).
5.2 Fee Subsidies for
Extremely Low-Income
Households
Provide information about fee subsidies
for projects that include units affordable
to ELI households at the planning
counter, on the City website and in other
public places to increase awareness.
Create a handout to be distributed with
land development applications.
Implement process by
2016
Ongoing as development projects are submitted for consideration. Program information is located at the planning counter and on the City website. In the past the city has considered reduced fees, fee exemptions, flexible development standards, deferment of payment of CFF until occupancy.
5.3 Housing for
Developmentally Disabled
Person Program
To accommodate residents with
develpmental disabilties the City will
seek State and Federal monies, as
funding becomes available, in support
of housing construciton and
rehabilitation targeted for persons with
disabilities, including developmental
disabilities. The City will also provide
regulatory incentives, such as expedited
permit processing and fee waivers and
deferrals, to projects target for persons
with disabilities, inlcuding persons with
developmental disabilities. Additionally,
the City shall refer developmentally
disabled person to the Valley Mountain
Regional Center for information on
housing and services. Objective:
Continue to offer specific regulatory
incentives throughout the planning
period, when fuding is available, to
encouarage the development of housing
for the developmentally disabled.
Ongoing, 2015-2023 Ongoing as development projects are submitted for consideration.
5.4 Farmworker Housing
Persons Program
Provide incentives to developers to
encourage housing for farmworkers.
Objective: Provide information at the
planning counter and the City website.
Develop informational
brochure by end of 2017
and provide annual
outreach to developers
and/or non-profit
agencies.
Ongoing as development projects are submitted for consideration.
6.1 Home Energy
Conservation
Programs/Assistance
Promote home energy conservation
programs (e.g., energy educations,
weatherization, and energy-efficient
appliances) through informational
brochures and City website
annoucements that target low income
households. The California HERO
Program is being offered to allow
property owners in participating cities
and counties to finance renewable
energy, enery water efficiency
improvements and electric vehicle
charging infrastructure on their
property.
Ongoing 2015-2023
On April 21, 2014 the City Council adopted a resolution consenting to the Inclusion of Properties within the City's Jurisdiction in the California HERO Program to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and approved an Amendment to a Certian Joint Powers Agreement. The City has also adopted and enforces the California Green Building Code.
6.2 Water Conservation
Promote water conservation efforts, the
City will seek out and purse funding
programs that reduce or conserve water
construction and rehabilitation of
housing developments. Specifically the
City will assist developers and residents
in conserving resources and lowering
utility costs by partnering with utility
providers to establish programs that
promote: the use of drought tolerant
landscaping, bioswales and other
stormwater systems; installation of
water meters and other water
conservation devices; and other
measure to identify and to eliminate
unnecessary or wasteful water
consumption.
Ongoing, 2015-2023
The City continues to promote water conservation to meet the State mandated reduction in SBx7-7. In addition, the City maintains and implements the adopted Urban Water Management Plan.
Jurisdiction Oakdale
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
24 24
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 251 21 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 2 0
MH 0 1 0
Total 251 24 0
1 71
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Jurisdiction Oakdale
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
7th Cycle Housing Element Update $150,000.00 $0.00 None Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
251
251
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
24 24
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 150,000.00
Task Status
In Progress
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date: March 20, 2023
To: Mayor Bairos and Members of the City Council
From: Colleen Andersen, Council Services Manager
Reviewed by: Bryan Whitemyer, City Manager
Subject: Consider a Resolution Nominating a Candidate for Appointment to the Governing Board of the San Joaquin Valley Air Pollution Control District – Stanislaus County Seat.
I. BACKGROUND
The San Joaquin Valley Air Pollution Control District notified the City on March 8, 2023 that there is currently a vacancy on the San Joaquin Valley Air Pollution Control District Governing Board that must be filled by a Council Member from a “large” city, having a population of 100,000 or more, within Stanislaus County.
II. DISCUSSION
According to the procedures adopted by the San Joaquin Valley Special City Selection Committee, the next step in the appointment process is for all cities within Stanislaus County to select a candidate from the applicants for the vacant Stanislaus County seat.
The City Council has the option to either nominate one of the applicants listed below to the San Joaquin Valley Air Pollution Control District Special City Selection Committee for appointment to the District Governing Board, or reject all applicant. There is one applicant for the position, Council Member Rosa Escuita-Braaton with the City of Modesto. The applicant’s application is provided in Attachment C.
III. FISCAL IMPACT
None.
IV. RECOMMENDATION
Adopt a Resolution nominating a candidate to the Special City Selection Committee for appointment to serve on the Governing Board of the San Joaquin Valley Air Pollution Control District – Stanislaus County Seat.
V. ATTACHMENT
Attachment A: Draft City Council Resolution 2023-___
Attachment B: Rosa Escutia-Braaton Candidate Application.
AGENDA ITEM 13.1
IN THE CITY COUNCIL OF
THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2023-__
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL
NOMINATING AN APPLICANT TO THE
SAN JOAQUIN VALLEY AIR POLUTION CONTROL DISTRICT
SPECIAL CITY SELECTION COMMITTEE
FOR APPOINTMENT TO
THE DISTRICT GOVERNING BOARD – STANISLAUS COUNTY SEAT
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, Health and Safety Code Section 40600.5 created a Special City Selection Committee for the appointment of city members of the San Joaquin Valley Air Pollution Control District (District) Governing Board; and,
WHEREAS, the Special City Selection Committee has adopted procedures and a rotation schedule for making their appointments, and based upon the adopted rotation schedule a City Council Member representing a city with a population of 100,000 or more from Stanislaus County shall be appointed to the District Governing Board; and,
WHEREAS, in selecting a nominee for appointment by the Special City Selection Committee to the District Governing Board, the City Council considered the application materials from the eligible candidates; and,
WHEREAS, the vote to select a nominee took place as an item on the publicly noticed agenda and was discussed during the normal city council meeting with time for public comment.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL of the CITY OF OAKDALE hereby nominates ______________________, Council Member, City of Modesto to the Special City Selection Committee for appointment to the District Governing Board.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 20th DAY OF MARCH 2023, by the following vote:
AYES: COUNCIL MEMBERS: ( )
NOES: COUNCIL MEMBERS: ( )
ABSENT: COUNCIL MEMBERS: ( )
ABSTAINED: COUNCIL MEMBERS: ( )
SIGNED:
ATTEST:
Christopher Smith, Mayor Pro Tem
Rouzé Roberts, City Clerk
Attachment B
February 24, 2023
To: San Joaquin Valley Air Pollu�on Control District
Atached please find my applica�on for considera�on to the San Joaquin Valley Air Pollu�on Control District Board. I believe my status as a Councilmember for District 1 of the City of Modesto (popula�on 220,000) meets with the entrance requirements necessary for this opportunity.
Much of my work as Councilmember for the City of Modesto supports the District’s vision of seeking to have healthful air that meets or exceeds air quality standards for all Valley residents. Some of these works include but are not limited to the following:
• As a Board Member for the Stanislaus County of Governments I ac�vely seek to improve air quality in the region by coordina�ng with other organiza�ons with common values and mission, including but not limited to:
o Collabora�ng with SJVAPCD, other MPOs, and the Environmental Protec�on Agency to resolve air quality issues to meet state and federal regula�ons; o Analyzing air quality impacts from mobile sources (ie cars, and trucks) emissions and inform member agencies about air quality programs and Federal air quality regula�ons, and o Monitoring and responding to the air quality conformity regula�ons for the region, including State and Federal Clean Air Acts.
• As a previous member of the Stanislaus County Waste to Energy Joint Power Authority. o I addressed cri�cal issues that impacted air quality in our region; and o heard public tes�mony regarding nega�ve impacts to disadvantage communi�es due to landfills, waste treatment plants and other environmental contributors.
Growing up the youngest in a farming family the environmental impacts of air quality were highly visible to me and my family:
• While my mother and father worked in the fields harves�ng the fruit/vegetable product they were directly exposed to chemicals and pes�cides (from the air and ground); • My home and neighborhood play-grounds where directly across from a tomato cannery which filled the air with huge clouds of smoke from its refining plants; • Combined with the emissions from the dozens of trucks that drove in and around our neighborhood was so frequent that the dense and poignant smell of the air in my neighborhood was what I grew up thinking was normal.
In addi�on to my professional and personal experience referenced above, I bring the following experience that I believe may add value to the Board: I have served as a Planning Commissioner for the City of Modesto for seven years; and, have over 25 years of public policy experience in both private and public sectors, including serving a Gubernatorial Appointee to both Governor Davis and Governor Schwarzenegger.
Outside my professional endeavors I enjoy serving on non profit organiza�ons such as American Heart Associa�on, La�no Community Roundtable, and Stanislaus Medical Society Alliance.
Sincerely,
Rosa Escu�a-Braaton
rescu�[email protected]