AGENDA
REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY
COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY
REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, July 12, 2022
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road.
Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.
A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.
The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].
If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
1 Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.
Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.
PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.
1.OPENING MATTERS
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.2 Pledge of Allegiance to the Flag (Girl Scout Troop 33666)
1.3 Contra Costa Transportation Authority Update (Tim Haile, Executive Director)
1.4 Liberty Union High School District Update (Eric Volta, Superintendent)
1.5 Oakley Union Elementary School District Update (Jeff Palmquist, Superintendent)
2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with 2 State Law, however, no action or discussion may take place on any item not appearing on the posted agenda.
3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered.
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency / Public Financing Authority Meeting held June 14, 2022 (Libby Vreonis, City Clerk)
Minutes 06-14-22
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo
3.3 Award of Construction Contract to SofSURFACES for the Holly Creek Park Playground Resurfacing Project - Capital Improvement Program (CIP) Number 284 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Proposal
3.4 Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees (Tim Pryzybla, Finance Director) Staff Report
1. Resolution
2. Master Fee Schedule
3.5 Annexation No. 32 (Wendy’s at Bridgehead Rd and Main St) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Unanimous Approval Form
2. Resolution
3. Boundary Map
3 4. Amendment to Notice of Special Tax Lien
3.6 Creating Zone 184 within the Oakley Special Police Tax Area consisting of the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street (APN 037-040-021) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
1A. Exhibit A
2. Ordinance
2A. Exhibit A
2B. Exhibit B
3.7 Creating Zone 185 within the Oakley Special Police Tax Area consisting of the Elm Lane Apartments project located between Elm Lane and Highway 160 (APNs 051-210-019 and 051-220-005) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
1A. Exhibit A - Diagram
2. Ordinance
2A. Exhibit A - Diagram
2B. Exhibit B - Schedule for Police Service Tax
3.8 Adopt a Resolution Approving a list of projects for Fiscal Year 2022/23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 (Kevin Rohani, P.E., Director of Public Works/City Engineer)
Staff Report
1. Resolution
3.9 Agreement with TJKM, Inc. to develop a Local Roadway Safety Plan associated with Capital Improvement Program (CIP) Project Number 289 – Local Roadway Safety Plan Project (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. TJKM Proposal
2. Resolution
3.10 Side letter to the Memorandum of Understanding between the City of Oakley and the Oakley Police Association (Jeri Tejeda, Human Resources Director) Staff Report
1. Resolution
4 2. Side Letter
3.11 Consideration of a Resolution Allocating Additional American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to the City's Nonprofit Grant Program (Felicia Escover, Assistant to the City Manager) Staff Report
1. No Paws Left Behind Kitty Rescue Grant Agreement
2. Resolution
3.12 Approval of the Bethel Island Road Precise Alignment Plan for Bethel Island Road between East Cypress Road and Sandmound Boulevard (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Bethel Island Road Precise Alignment
2. Resolution
3.13 Amendment Number 3 to the Consulting Services Agreement with Pavement Engineering, Inc. to provide Construction Support Services for FY 2020-21 Street Repair and Resurfacing Project - CIP 246 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Pavement Engineering, Inc. Construction Support Services Proposal
2. Resolution
3.14 Consideration of a Resolution Approving a Loan Subordination Agreement Between Walker & Dunlop, LLC and the Successor Agency to the Oakley Redevelopment Agency (Tim Przybyla, Finance Director)
Staff Report
1. Resolution
2. Loan Subordination Agreement
4.PUBLIC HEARINGS
4.1 Public Review Draft of 2023-2031 Housing Element Update – Presentation by Ascent Environmental (Oakley’s Housing Element Consultants) on the public review draft of the 2023-2031 Housing Element Update in order to receive public comments and consensus feedback from the City Council (Ken Strelo, Planning Manager)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report and Presentation, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation
Staff Report
1. Notice of Public Hearing
5 2. 2023-2031 Housing Element Update - Public Review Draft (June 2022)
4.2 Repeal of Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” (RZ 02-22) - City-initiated application to repeal Oakley Municipal Code (“OMC”) Section 9.1.502 “Commercial Downtown District (CD)” as a clean-up item to the Zoning Code (Ken Strelo, Planning Manager) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Waive the First Reading and Introduce the Ordinance
Staff Report
1. Notice of Public Hearing
2. Oakley Municipal Code Section 9.1.502 "Commercial Downtown District (CD)"
3. Proposed Ordinance
4.3 Waive the First Reading and Introduce an Ordinance Adding Chapter 39 to Title 4 of the Oakley Municipal Code Relating to Military Equipment use by the Oakley Police Department (Derek Cole, City Attorney)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report and Presentation, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Waive the First Reading and Introduce the Ordinance Staff Report
1. Ordinance Related to Military Equipment Use by the Oakley Police Department
5.REGULAR CALENDAR
5.1 Introduce an Ordinance Adding Chapter 38 to Title 4 of the Oakley Municipal Code Concerning Spectators at Illegal Speed Contests, Exhibitions of Speed, and Side Shows (Derek Cole, City Attorney)
Staff Report
1. Ordinance Concerning Spectators at Illegal Speed Contests, Exhibitions of Speed, and Side Shows
5.2 Consider Approval of a Request for Proposals, 204 Second Street (Harumi Murata, Economic Development Manager)
Staff Report
1. Title 2, Chapter 8 of the Oakley Municipal Code
2. Invitation to Bid packet Exhibit A. Site Map and Photos
5.3 Consider Approval of a Request for Proposals and Ad Hoc Committee, Economic Development Workplan Update (Harumi Murata, Economic 6 Development Manager)
Staff Report
1. Request for Proposal (Draft)
2. 2016-2017 Economic Development Work Plan
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE
SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas
7.WORK SESSIONS
7.1 Introduction to the Yellow Roof Foundation and discussion about a potential affordable housing project at 4981, 4901 and 4911 Teakwood Drive (APN’s:
035-322-019, 035-322-020, 035-322-021) (Joshua McMurray, City Manager) Staff Report
1. Yellow Roof Foundation Letter of Intent
2. Concept Floor Plan and Elevations
8.CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Long Beach et al. v. Monsanto Company
U.S. Dist. Ct. Central Dist. Cal, Case No. CV 16-3493 FMO (ASx)
8.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
7 8.3 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4) One potential case.
9.ADJOURN
8 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held June 14, 2022
1) OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:32 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present.
1.2 Pledge of Allegiance to the Flag
The Pledge of Allegiance was led by Kimberly (Cadette Girl Scout, Troop 33784) and Samantha (Daisy Girl Scout, Troop 33787).
1.3 Update from Fire Chief Brian Helmick, East Contra Costa Fire Protection District East Contra Costa Fire Protection District Fire Chief Brian Helmick provided a PowerPoint presentation, including information regarding the District’s transition to Contra Costa Fire Protection District.
Councilmember Fuller commended Chief Helmick for his selfless leadership, for assessing and acknowledging fire protection has been insufficient, and leaving aside his own gain for the benefit of the community to find resolution.
Mayor Pope and Vice-Mayor Meadows congratulated Chief Helmick on his accomplishment.
Councilmember Higgins inquired if Chief Helmick will still be moving forward with the ISD project and inquired about 4th of July fireworks.
Chief Helmick confirmed the District is in the environmental report stage now and he hopes to report back within 6 months with an update. He reminded everyone fireworks are illegal in Contra Costa County, firework shows will be hosted by the cities of Antioch, Concord and Pittsburg on July 4th, they are collaborating with law enforcement, and they are able to take pictures without making contact of illegal fireworks and issue fines to property owners where illegal fireworks have been set off.
City Manager Joshua McMurray requested a brief pause while City Attorney Derek Cole joined the meeting via teleconference.
9 2) PUBLIC COMMENTS
Shelly Fitzgerald commented she did not speak on the zoning ordinance items at the last meeting and would like to address it now. She inquired why staff is resistant to bring an ordinance forth to protect residential properties in Oakley and shared she thinks it is to continue to cater to commercial property owners and developers who live in other cities that prioritize quality of life and residents over growth. She indicated staff has been contradictory in advising the Council and residents have had to spend time to research to show incompatibilities. She mentioned restricting four types of businesses will not severely compromise property owners but will provide protections and guide smarter growth. She mentioned a commercial property owner can always apply for a variance if a restriction is placed on its property. She mentioned this is the time to let developers know they are welcome to bring projects to the City within the City’s guidelines and it is the time to decide if the City wants to have a thriving, attractive place to live, work and play.
Lisa Kirk, volunteer for Contra Costa Society of Prevention of Cruelty of Animals, shared what non-profit rescue groups do: they are based on volunteers and donation money and take care of spay/neuter of feral animals and they are responsible to take care of all local healthy cats/kittens because the animal shelter has shut down for healthy animals. She mentioned in 2020, the County cut non-mandated services cut and the County is requesting an increase from cities, but they are not providing non-mandated services that they previously provided. She indicated they cannot work with the County unless they share some of their resources; because their non-profit provides non-mandated services, they are being left out. She encouraged the Council to look at what services they will not be receiving from the County, but will be paying more for. 3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency and Special Public Financing Authority Meeting held May 24, 2022 (Libby Vreonis, City Clerk)
3.2 Ratify Election: Adopt Ordinance No. 05-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 183 within the Oakley Special Police Tax Area for Police Protection Services for the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.3 Award of Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 246 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.4 Adopt a Resolution Calling the Regular General Municipal Election for November 8, 2022 to Elect One (1) Council Member From District 2 and One (1) Council Member from District 4; Requesting the Consolidation of Elections on November 8, 2022; Requesting the County Registrar of Voters to Perform Election Services in Connection with Said Consolidated Election; Setting Specifications of the Election 10 Order; Authorizing the City to Reimburse the Contra Costa County Registrar of Voters for All Costs Associated with Consolidation of the Election; Setting the Word Limit for Statements of Candidacy; Establishing a Filing Fee; Directing the City Clerk to Publish a Notice of Election; Determining the Action Taken in the Event of a Tie; Directing the City Clerk to Forward this Resolution to the Registrar of Voters and the Board of Supervisors of Contra Costa County; and Confirming the Nomination Period (including when and where to obtain and file candidate papers), Hours of Operation of the polls, No Change in the City Boundary and that State Law is Followed for Campaign Contribution Limits (Libby Vreonis, City Clerk)
3.5 Adopt a Resolution Designating Election Officials for the November 8, 2022 General Municipal Election (Libby Vreonis, City Clerk)
3.6 Award of Contract with H&R Plumbing and Drain Cleaning, Inc. for On-Call Storm Drain Inlet and Manhole Cleaning Services for FY 2022/23 and FY 2023/24 Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Award of Contract with Strike Doors, LLC for On-Call Electrical Gate Maintenance Services and Repairs for FY 2022/23 and FY 2023/24 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.8 Approval of Subdivision Improvement Agreement and Final Map for Ranchettes at Neroly Subdivision 9284 (Located at the southeast corner of Oakley Road and Neroly Road) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.9 Alternative Alignment for the Extension of Laurel Road from Teton Road to Sellers Avenue, CIP 273 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.10 Award of Contract with Dillon Electric, Inc. for On-Call Electrical Maintenance Services and Repair for FY 2022/23 and FY 2023/24 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.11 Annexation No. 31 (3350 Main Street) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.12 Annexation No. 8 (3350 Main Street) to the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.13 Authorize the City Manager to secure the fill material needed from the Contra Costa Flood Control and Water Conservation District for the Burroughs project (Joshua McMurray, City Manager)
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 11 4) PUBLIC HEARINGS
4.1 Public Hearing to Consider Confirming the Diagrams and Assessments and Ordering the Levy and Collection of the Annual Assessments for Fiscal Year 2022- 23 for the City of Oakley Street Lighting and Landscape Assessment District No. 1 (Kevin Rohani, P.E., Public Works Director/City Engineer) Public Works Director/City Engineer Kevin Rohani presented the staff report.
There being no questions by Councilmembers, Mayor Pope opened the public hearing and called for public comments. There being none, he closed the public hearing. He asked the City Clerk if any protests have been filed; she confirmed none were filed.
Councilmember Higgins expressed concern regarding the school parks.
Mr. Rohani explained staff is having an ongoing discussion with the school district to work toward an amenable agreement; in the meanwhile, school district invoices for parks have not been paid for over two years because work has not been done during that time; there is a lack of maintenance of the school parks and the school district has been unable to provide any back up information how it has arrived at the invoiced amounts. He indicated once the agreement is renegotiated and restructured, they can move on.
It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0)
4.2 Waive the Second Reading and Adopt an Ordinance Amending Title 7 (Building & Housing Regulations) Chapter 7.1.102 of the Oakley Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra Costa Fire Protection District Ordinance 2019-37, including Findings (Brent Smith, Community Development Director)
Community Development Director Brent Smith presented the staff report.
Councilmember Higgins inquired if he is asking the Council to approve Confire regulations before the City is officially part of Confire.
Mr. Smith explained that the ordinance goes into effect in 30 days so the timing works out and there is not much change for builders with the existing code that will be used until then.
Mayor Pope opened the public hearing and called for public comments. There being none, he closed the public hearing.
It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to waive the second reading and adopt the ordinance as presented. Motion was unanimous and so ordered. (5-0)
12 5) REGULAR CALENDAR
5.1 Consideration of a Resolution Awarding American Rescue Plan Act (ARPA) State And Local Fiscal Recovery Fund Grants to Nonprofits Serving the Oakley Community (Felicia Escover, Assistant to the City Manager) Assistant to the City Manager Felicia Escover presented the staff report and PowerPoint presentation.
Councilmember Fuller commented that he understands that modifications can be made and resubmitted for approval.
Mr. McMurray indicated if applications may not have information the Council desires or if more information is needed, more information can be obtained and presented at a future meeting.
Public Comments
Pat Walsh, President of St. Vincent de Paul-St. Anthony Conference in Oakley, shared they provide person-to person service for people in need, their food pantry serves 320-360 people twice a month, they help keep 15-20 people in their homes by helping with their utility bill, rent or other support, and they increase stability in the community, decrease homelessness, and provide hope. He thanked the Council for its consideration of their proposal.
Robin Burton, President and Founder of No Paws Left Behind, commented they were denied grant funds and hopes the Council will reconsider them for a portion of reserves or in general.
She explained there are many cats and development; it is hard to measure what they do. She explained Oakley is fast growing and no one wants feral cats with businesses and the future train station. She mentioned statistically, unaltered cats can produce 2 litters per year; at end of 9 years, 11 million cats are produced. She shared they currently have 43 feral cats taken in from the Oakley community, they work with local shelters to free up revenue there, they take cats off of the street, they are called when animal services can’t respond, and they retrieve dead animals, all at no cost to the City.
Traci Cross, volunteer and Board Member with No Paws Left Behind, advocated to allocate funding to them. She addressed financial and fiscal responsibility, how they have taken on cost; and how many cats can be produced if not fixed. She also addressed community health and safety, mentioning that during Covid no one could get animals fixed because services were shut down. She shared she is a foster mom at her cost; they are requesting funds to help fix cats.
She also addressed community collaboration; rescues are willing to help, and they would appreciate some reserves.
Julie Cook, Vice President of No Paws Left Behind, shared she is a larger foster of 350 cats last year at $100 per cat which they have to fundraise for, including a yard sale at her home which she just received notice that she can no longer do, but it raised $2-3k and all items were donated by the community. She shared she is helping an elderly woman in Oakley to get community feral cats fixed and released back into the community to reduce rodents. She expressed hope that the Council will allocate some funding to help this community. 13 Patti Esposito, member of No Paws Left Behind, currently fosters mama and kittens from a senior couple in Oakley that can no longer care for them. She shared if they cannot socialize the cats, they need to find a place for them; they have 5 properties willing to take cats in Oakley, a safe environment and they care for the feral cats which keeps rodent population down on their properties. She mentioned there are mental health benefits to cats and she has been involved in placing cats as emotional service animals. She pleaded to the Council to reconsider allocating whatever possible amount available and promised to spend funds wisely and frugally.
Lorena Campos, member of Friends of the Oakley Library, thanked the Council for considering their grant application. She commented their goals are in alignment with and found in the City’s Strategic Plan. She shared they provide access to information, job and career resources, computer technology and services, business resources, educational support, and public services support for the community. She indicated they are enthusiastic to build their membership and engagement with the community and shared events they have and will participate in. She encouraged the Council to approve their application.
Liz Fuller, on behalf of the Friends of the Oakley Library, commented that the grant will allow quality programming for Oakley residents for 1 year, their book sale funding source dried up during COVID due to the Library’s closure and then limited re-opening, and they hope grant funding will help with increasing membership, increasing sales of books that are donated, promoting the library, outreach for community support, and providing quality programs for all ages.
Lynda Green, a director for the Be Exceptional programs, shared they provide activities, sports and social events for students of all ages and abilities. She thanked the Council for its consideration of their grant application.
Elizabeth La Vasse, CEO of We Get It Foundation, shared they have served over 30,000 neurodivergent people, total family support matters, and they are grateful for the chance to help individuals. She shared scholarship information that the funding would be used toward. She thanked the Council for its consideration and support.
Daniel Trujillo with Newberry’s BLOCK which benefits leagues offering children kindness, shared they hold fundraising events to provide scholarships for kids to play in their choice of sports, but with Covid, hosting events is a thing of past and raising money is scarce. He mentioned if granted funding, the City would be helping 33 kids to participate in sports. He shared there has been a spike in applications in employed families in need of assistance, not just cash aid/food stamp families. He shared sports can be life changing and thanked the Council for its consideration.
Juli Del Barba Favalora thanked the Council for considering the East Contra Costa Historical Society and its support of its services and programs. She explained “Oakley History Through Time” will have roll up banners with themes to provide education and information regarding Oakley’s past and present.
Councilmember Fuller commented he appreciates all the work to put the grant applications together and the passion of the groups. He expressed three areas of concern: 1) Be Exceptional: He would like to see them resubmit their application with more specificity how it fits in with schools, training of staff, how they make selection with students and how they will be supervising them as the work can be rewarding but there are also some challenges; 2) Friends of the Oakley Library: He would like more specificity regarding authorships-how they are chosen 14 and how they impact Oakley residents, and he would like to see grant funding expand membership; and 3) legal immigration efforts: He doesn’t disagree with the program; it is a small segment of community and it doesn’t extend to the whole community for the intent of ARPA.
Councilmember Higgins commented she wants to give balance of funding to kitties as they are a huge issue near Teakwood, Freedom High School and Delta Vista.
Councilmember Williams thanked everyone who applied and indicated everyone was worthy of being financed and she would love to see this be ongoing. She expressed she would like to see some level of specificity before approving any applications, i.e., funding only goes to Oakley residents. She suggested there are other opportunities for non-profits to obtain funding, i.e., working events at the Concord Pavilion.
Mayor Pope inquired if the three applicants that were not chosen were asked if they would accept partial funding. He mentioned the group for the cats sound like they would and if they were next in line to be considered, he would support at least the remainder or more if there is consensus to increase the amount.
Mr. McMurray mentioned if the Council desires for funding to remain local it can express this in its motion and staff can include it in the agreements. He mentioned staff had not asked groups not chosen if they would accept partial funding; the Council approved $180k, but it can allocate additional funds by separate action and approval during the July meeting.
Councilmember Higgins commented No Paws Left Behind is Oakley-based whereas the other two are in Brentwood and she would like to increase funding to No Paws for the full asking amount.
Mayor Pope agreed with specific requirements included to benefit Oakley residents and also to be verified in grant reporting.
Mr. McMurray indicated the Council can include it in its motion to ensure the agreements reflect that funding allocated serves Oakley residents and reports must show it was used in Oakley.
Councilmember Williams suggested funding toward marketing Oakley Veterans be included as well to generate as much interest as possible.
It was moved by Councilmember Fuller to approve funding for grant applications A, C, D E, F, H, I, J, K and Q. Motion died for lack of a second.
Vice Mayor Meadows indicated Councilmember Fuller commented on three applications and inquired if he is seeking more detail on these applications to come back in the future.
Councilmember Fuller requested more specificity for the Oakley Library and Be Exceptional grants and indicated immigration serves too small of a population that will not benefit all of Oakley.
It was moved by Councilmember Higgins to approve funding for all of Attachment A, including No Paws Left Behind for its complete requested amount, and for funds to be used in Oakley on Oakley and for additional help in advertising and promoting. 15 Mr. McMurray requested clarification of the motion for full or partial funding for No Paws Left Behind.
Councilmember Higgins clarified it is for full funding; the Council awards No Paws Left Behind the remainder of the current funding and directs staff to bring back an item to increase the amount to the difference between the awarded amount and asked amount.
The motion was seconded by Councilmember Williams.
Councilmember Fuller requested clarification what they are voting on.
Mr. McMurray clarified they are voting to approve the recommended list as presented in the staff report with the addition of G, providing the remainder of the balance to No Paws Left Behind, directing staff to bring an item back in July to allocate additional ARPA funds to make No Paws Left Behind full, and have staff include in all agreements that all funds must be spent in Oakley, on Oakley residents.
AYES: Higgins, Meadows, Pope, Williams. NOES: Fuller (4-1) Mayor Pope called for a brief recess at 8:10 p.m. The City Council reconvened at 8:18 p.m.
5.2 Adopt a Resolution Approving Compensation and Benefits for General City Staff and Approving the Attached Salary Schedule Effective the First Full Pay Period in July of 2022 (Jeri Tejeda, Human Resources Director)
Human Resources Director Jeri Tejeda provided a PowerPoint presentation.
No public comments were submitted.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5.3 Discuss Position on Assembly Bill 1944 (AB 1944); Local Government: Open and Public Meetings and Provide Direction to Staff (Felicia Escover, Assistant to the City Manager)
Assistant to the City Manager Felicia Escover provided a PowerPoint presentation.
Councilmember Fuller requested clarification if the City would need to opt in for someone attending via teleconference out of state or if that would still be covered by existing law.
Ms. Escover explained that situation is not explicitly addressed in the bill and the Council must pass a resolution to opt in. She indicated the bill allows two Councilmembers to participate remotely as long as three Councilmembers are present here in person.
Councilmember Williams expressed support for it, inquired if every meeting must have a virtual option if they approve, and mentioned she believes a virtual option increases public participation.
Ms. Escover confirmed it would require every meeting to have a virtual option. 16 City Manager Joshua McMurray mentioned supporting this legislation doesn’t mean they are opting in; it is a two-part process.
Mayor Pope added it still must be passed by two houses and signed by the Governor.
Councilmember Higgins inquired how many letters of support have been submitted by cities.
Ms. Escover explained CalCities supports it and the County and school associations have signed on, but no template letter exists yet so they would have to draft it and send to the Senate Committee.
Councilmember Fuller commented he is glad it has not been approved yet as it is not something that is broken in his opinion; therefore, it doesn’t need to be fixed. He mentioned the experience with virtual participation at previous Council meetings was hellacious with phones going off and people shouting out of turn, and he is not in support of it.
Vice Mayor Meadows leaned toward supporting it and mentioned when they run for office, they commit to all responsibilities, including attending meetings, and when they make a commitment, they need to be here. He mentioned he understands where they attend meetings will not be published if this passes and it is only talking about home addresses, but their addresses are out there for other things and are not that secretive; their addresses can be found easily.
Mayor Pope partially supported it; he shared he likes the provision that if remoting from home, they don’t have to allow any public member to join in from their home, but he is uncertain about allowing live streaming all the time whether a Councilmember is remoting in or not. He mentioned the spirit of the Brown Act is open and public meetings and remote participation is probably the way of future, but he supports part of it and the other parts he is torn.
Councilmember Higgins commented they are asking for a letter to keep the ball rolling to support it later on; if they don’t support it now, they don’t give the future Council the ability to opt-in which would be doing the City a disservice.
Mayor Pope suggested they could make the letter more specific, but the bills could be amended by the time the letter gets to them, but whatever the consensus of the Council is.
Vice Mayor Meadows commented they can choose just to monitor it for now.
Mayor Pope commented it could be some time until they see what amendments are and what the Governor is presented, but they may not have a chance before it hits the Governor’s desk so he thinks they should get it on record whatever the consensus of the Council is.
Councilmember Williams supported it fully as the live feed option participation was far better; 80% population commutes and the live feed may be their only option. She shared they were all swayed by the small amount of people for kittens being here in person.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to approve the letter of support as presented.
AYES: Higgins, Meadows, Pope, Williams. NOES: Fuller (4-1) 17 5.4 Consideration of Resolutions Adopting the Fiscal Year 2022-2023 Proposed Operating Budget, Statement of Financial Policies, Appropriations Limit, Adopting the Fiscal Year 2022-2023 Capital Budget and 5-Year Capital Improvement Program (CIP) for Fiscal Years 2022-2023 through 2026-2027 and Making Findings Related Thereto, and Approving an Agreement with Contra Cost County related to Animal Services and an Agreement with Public Safety Family Counseling Group, Inc. and Authorizing the City Manager to Execute those Agreements (Tim Przybyla, Finance Director)
Finance Director Tim Przybyla provided a PowerPoint presentation.
Councilmember Higgins suggested the County advertise its vaccine clinics more to Oakley and inquired what the City can receive more of for its dollar from the County for animal services. She also inquired about how detained animals will be handled after hours.
Mr. McMurray indicated the City is not getting any more than state mandated services for animal control, but he can reach out to ensure they are promoting all services offered to residents. He mentioned with the City’s website update it will increase accessibility to information. He shared County-wide there is desire for increased levels of service but with that comes increased cost and discussions will continue on that topic.
Councilmember Williams commented deceased animals don’t always get picked up. She inquired if the professional services agreement has been in past budgets.
Mr. McMurray responded it has not been in past budgets; it is a new offering for the Police Department. He explained officers have a number of times they can access service for crisis intervention and if more is needed, the City will pay the additional costs.
Councilmember Fuller inquired if they are procedurally attempting to discuss 3 resolutions at once or work one at a time and vote on it. He expressed appreciation for the budget.
Mr. Przybyla indicated staff’s recommendation is to approve each resolution one at a time.
No public comments were submitted.
Resolution 1:
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
Resolution 2:
Councilmember Fuller commented that $6.5 million can be used for a strong need in the community for a library and he stands against a tax increase; he feels the money is better suited for development of a library rather than a train platform and parking lot. He mentioned SJJPA has budget and ARPA money and he is not in favor of them coming in with a platform and expecting the City to pay for a parking lot in a prime downtown location when it can be used for a library/community center. He commented they have enough bus routes and can renegotiate and build their own parking lot for their own platform for their own train. 18 It was moved by Councilmember Fuller to move 205 funds ($6.5 million) to a new fund for construction of the Oakley Library. The motion died for lack of a second.
Councilmember Fuller shared a video of Jennifer Keelan’s account of climbing to the top of the U.S. Capitol steps at 8 years old to help pass the 1990 American with Disabilities Act (ADA). He expressed he is embarrassed that only $50k has been allocated for $100 million in ADA arrears when the City is spending $6.5 million for the road and parking lot that was made possible by the City tearing down houses where disabled people resided and then used the money toward a parking lot. He indicated the City needs to start addressing ADA arrears.
It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to adopt the resolution. AYES: Higgins, Meadows, Pope, Williams. ABSTENTION: Fuller. (4-0-1) Resolution 3:
It was moved by Councilmember Higgins and seconded by Councilmember Williams to adopt the resolution provided that the County promotes animal services more. Motion was unanimous and so ordered. (5-0)
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced Movie in the Park will be held June 18, Friday Night Bites will be held July 1 without a concert, and the Oakley Summer Fest will be held July 2 with music in the Civic Center Plaza; road closures from Vintage Parkway to O’Hara Avenue will occur for the event.
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
There were no reports from City Councilmembers.
(b) Requests for Future Agendas
Councilmember Fuller requested the City recognize Juneteenth with an event and suggested an ice cream social.
Councilmember Higgins noted the City is missing pride month and requested staff move forward in presenting to the Council a proclamation list for consideration.
Mayor Pope agreed with doing something to recognize Juneteenth and suggested adding it to the list of proclamations. He mentioned Recreation staff already has a number of other upcoming events planned this year, but they could look to the future to include something. 19 7) WORK SESSIONS
8) CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
O’Hara Properties, LLC v. City of Oakley, City Council of the City of Oakley Contra Costa Superior Court Case No. N22-0924
8.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
9) ADJOURN
There being no further business, the meeting was adjourned at 10:05 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk
20 Date: June 14, 2022
To: Mayor and Members of City Council
From: Derek P. Cole, City Attorney
Cc: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF JULY 12, 2022 Background and Analysis
The City Council considered the following closed session item during its regular meeting held June 14, 2022:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
O’Hara Properties, LLC v. City of Oakley, City Council of the City of Oakley Contra Costa Superior Court Case No. N22-0924
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
Direction was provided to staff. There was no reportable action.
Fiscal Impact
None.
Recommendation
Receive and file this report.
Attachments
None.
MEMORANDUM
Office of the City Attorney
21 STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of Construction Contract to SofSURFACES for the Holly Creek Park Playground Resurfacing Project - Capital Improvement Program (CIP) Number 284
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program (CIP) Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.
The scope of work for CIP No. 284 is to remove the deteriorating rubber mulch, prepare the base, and install rubber playground tiles for the new surface of the Holly Creek Park Playground.
Since approximately 70% of all playground injuries nationwide are caused by falls to the ground, protective surfacing is the most critical safety factor on playgrounds.
Obviously, hard surfaces such as asphalt & concrete are unacceptable because they have little to no shock-absorbing characteristics. A fall to any of these hard surfaces could be life threatening. Having a safe and functional playground surface is critical to the operation of any playground.
Acceptable playground surfaces generally include mulch, wood fiber, synthetic rubber mats, poured-in-place rubberized surfaces, and rubber tiles. There are specific standards that are used in the design and construction of playground surfacing to protect the safety of the children who play at these facilities. There standards are established by the Consumer Product Safety Commission (CPSC) and International Playground Equipment Manufacturers Association (IPEMA).
The City’s priority is for the safe operations of all City parks. Staff wants to ensure that all park users can have a safe and pleasant experience using Holly Creek Park Playground and its features. Staff has selected the duraSAFE Premium rubber playground tiles as the preferred surfacing for this playground. The duraSAFE 22 Premium rubber playground tiles will have the performance that is needed at this playground, with a lifetime warranty, which is the best in the industry and has been used as the playground surfacing at Crockett Park and Civic Center Park playgrounds with great results. This product is also the City’s standard for all new park playgrounds surfacing.
The Holly Creek Park Playground Tile Installation project was selected as the preferred project because the existing loose rubber presents ADA accessibility concerns, is difficult to maintain, park user complaints, and it has begun to deteriorate and may not provide sufficient fall protection.
Staff worked with sofSURFACES, the manufacturer of duraSAFE Plus rubber playground tiles to secure a final cost proposal of $319,760.26 for purchase and installation of the new playground surfacing. This price is within 10% of the cost for other playground surfacing, and staff believes the sofSURFACES proposal is far better than the other products, with a great value, as well as a superior warranty.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety & park and Open Space goals.
Fiscal Impact
The total cost of the Holly Creek Park Playground Resurfacing Project is $319,760.26 and was included in the FY 2022/23 budget that includes $200,000 from Park Impact Fees and $203,000 from the State of California Grant for this project.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the cost proposal with sofSURFACES for an amount not to exceed $319,760.26 and authorize the City Manager to execute an agreement.
Attachments
1. Resolution
2. sofSURFACES Proposal
23 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AGREEMENT WITH sofSURFACES FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT NUMBER 284 - HOLLY CREEK PARK PLAYGROUND
RESURFACING PROJECT
WHEREAS, the Holly Creek park playground surface has deteriorated and does not meet playground safety standards which has made it unsafe for the public to use; and WHEREAS, staff evaluated the site conditions and determined the best approach is to remove the existing rubber playground surface and install new rubber playground tiles; and
WHEREAS, staff discussed the scope of this project with sofSURFACES and after negotiations secured the cost proposal for this project; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Proposal, attached as Exhibit A with sofSURFACES for the Holly Creek Playground Resurfacing Project – CIP 284, be approved for an amount not to exceed $319,760.26, and the City Manager is hereby authorized to execute an Agreement.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________
Randy Pope, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
24 Quotation
Attn:
Customer:
Jesse dela Cruz
City of Oakley
28-Feb-2022 Quote No.: Q102958-8-TP
3231 Main St
Oakley, CA 94561
925-625-7015
[email protected]
Address:
City/State:
Phone:
Fax:
E-mail:
Project: City of Oakley - Holly Creek Park
Project Contact:
Phone / Fax:
Contact SSI:
800.263.2363 / Fax 519.882.2697
Area No. 1 of 1 - City of Oakley - Holly Creek Park (Holly Creek Park) Unit Qty. Color Description Thickness Drop Ht. Weight List Price Total Weight Total List Unit Cost Installation Site:
Address:
City / State:
Ship To:
Address:
City / State:
Quote Type:
Sub Base Type:
Area (Sq. Ft.):
Holly Creek Park
4758 Hagar Ct
Oakley, CA 94561
Holly Creek Park
4758 Hagar Ct
Oakley, CA 94561
DuraSAFE Installed, Direct Buried
Compacted Granular
8378
Each 493 Azure DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 17407.83 $35,989.00 $54.75 Each 91 Denim DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 3213.21 $6,643.00 $54.75 Each 967 Emerald Green DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 34144.77 $70,591.00 $54.75 Each 49 Granite DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 1730.19 $3,577.00 $54.75 Each 454 Safari DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 16030.74 $33,142.00 $54.75 Each 10 Safari DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 353.10 $730.00 $54.75 Each 122 Sedona DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 4307.82 $8,906.00 $54.75 Each 19 Sierra Brown DuraSAFE "Premium" 4.25" 8' 0" 35.31 $73.00 670.89 $1,387.00 $54.75 Each 490 Adhesive - Tile to Tile (tube) 1.65 $9.25 808.50 $4,532.50 $9.25 Each 10 Bostik Greenfusion Adhesive - Tile to Base 56.80 $241.00 568.00 $2,410.00 $241.00 Each 63 Polyurethane Foam Sealant 1.17 $9.25 73.71 $582.75 $9.25 Area 9635 Rubber Sheeting 0.45 $0.41 4335.75 $3,950.35 $0.41 Quote Q102958-8-TP - City of Oakley - Holly Creek Park 2/28/2022 9:47 AM Prepared by: Sara Letourneau Page: 1 / 5 25 Installation
Prevailing Wage / Fair Wage - $63.00
• Tearout
• Labour Removal and disposal of existing rubber mulch. • Site Preparation
• Labour Removal and disposal of existing rubber mulch. • 1 in. Compacted Fines - Material - Included
• 4 in. Granular A - Material - Included
• Security - Included Fencing
Drainage must be checked and verfied adequate by others prior to install of the granular base.
• Miscellaneous - Included
• Installation
• Labour
• Rubber Sheeting Installation - Included
• Curvy or Rounded Perimeter Cutting Charge - Included
• Equipment Rental - Bobcat - Included
• Waste Bucket - Included
• Travel - Mobilization - Included
• Security - Not Included - To be supplied by others if required • Miscellaneous - Included Installation to be completed by non-union subcontractor SofSurfaces USA.
Quote Q102958-8-TP - City of Oakley - Holly Creek Park 2/28/2022 9:47 AM Prepared by: Sara Letourneau Page: 2 / 5 26 IMPORTANT
This quotation has been priced based on the following realities:
1. At any point during the installation process, sofSURFACES Installation crews, or certified installation crews acting on behalf of sofSURFACES will have complete and uninterrupted access to the site until the construction phase of the project has been completed.
2. sofSURFACES will not be responsible for damages incurred to grounds throughout the installation process (this includes: concrete, grading, grass, gardens and/or plants, flowers etc.). It is understood by both parties that heavy equipment may be required in order to efficiently complete the project or gain access to the site.
3. sofSURFACES will not be held responsible for any ground repair needed and will make every effort to ensure that any property damage to the grounds is kept to a minimum throughout the duration of the project.
(Quoted value is subject to change upon notice of any ancillary costs. Additional costs may include [but are not limited to] required entry fees, special training, certifications, background checks and security clearances not previously identified as required or if the installation needs to be completed during weekend hours, within a very narrow window of time or under restricted special circumstances). A $1,200/day fee will be charged for each day that our installers are on site after the agreed upon start date if the site is not ready for the installation to begin. A site features form, required photos request, completed dimensions verification form and elevation form request will be sent out for completion after the order is placed. These forms must be completed in full and returned no later than 4 business days prior to the scheduled installation start date otherwise the installation may be rescheduled to a later date at the discretion of the Installation Project Manager until said forms have been completed.
*****PLEASE NOTE: Should the sub base for your project be Compacted Granular, it MUST meet the following specification: (Type 1) 3/4 minus) compacted to 95% S.P.D. Not "clear" gravel.***** X
SIGNED Jesse dela Cruz DATE
Undersigned for City of Oakley accepts the terms and conditions which apply to this quotation.
Quote Q102958-8-TP - City of Oakley - Holly Creek Park 2/28/2022 9:47 AM Prepared by: Sara Letourneau Page: 3 / 5 27 147′ 1-13/16″
44′ 11-3/16″
89′ 11¾″
157′ 9¼″
70′ 1-7/16″
18′ 1-3/16″
17′ 11⅝″
11′ 7⅝″
72′ 6¼″
33′ 1⅛″
Tile Layout - Area Nº 1 - City of Oakley - Holly Creek Park (Holly Creek Park) The material quantities proposed are based on this layout. If the layout is altered, this may influence the quantities needed for a successful installation. Please initial that you X understand and agree.
Area (Sq. Ft.): 8378
Quote Q102958-8-TP - City of Oakley - Holly Creek Park 2/28/2022 9:47 AM Prepared by: Sara Letourneau Page: 4 / 5 28 *Estimated Monthly Payment,
FOR MAILED US PAYMENTS:
Sof Surfaces Inc.
Dept CH 19173
Palatine, IL 60055-9173
FOR COURIERED US PAYMENTS:
Sof Surfaces Inc. - Lockbox 19173
5505 N Cumberland Avenue, STE 307
Chicago, IL 50656-1471
FOR CANADIAN PAYMENTS:
Sof Surfaces Inc.
4393 Discovery Line
Petrolia, ON, N0N 1R0
X
Total List Price: $172,440.60
Discount 25.00% ($40,241.25)
Total (After Third Party Discount): $132,199.35
Installation: $165,493.41
Shipping and Handling Charge: $10,500.00
CA: 6.00% $7,931.99
CCONTRACOSTA: 0.25% $330.52
Total in USD Funds: $319,760.26
Pallets: 40 Weight: 87045
Shipping Options: Need Van, Residential Delivery
Sub Total: $308,192.76
Dealer: Peter Druck - Denver, CO
Cost per sq.ft.: $38.17
Jesse dela Cruz DATE
Undersigned for City of Oakley accepts the terms and conditions which apply to this quotation.
SIGNED
Quote valid for 60 days.
$23,660.52 USD
DOAKLEY: 2.50% $3,304.99
This proposal reflects a prevailing wage / fair wage rate of $63.00 (including fringe). Should the prevailing wage / fair wage requirement be determined to be higher or lower, a revised proposal will be required.
Upon timely completion of the project, sofSURFACES Inc. shall be entitled to, and shall submit a payment request for, the amount indicated herein. In the event that only substantial completion is accomplished (i.e., the site is usable but not completely finished), sofSURFACES Inc. shall be entitled to, and shall submit a payment request for, up to 95% of the amount indicated herein, allowing for the customer to reserve 5% until completion of the project, upon which time sofSURFACES Inc. shall be entitled to, and shall submit a payment request for, the remaining balance owed. Quoted value is subject to change upon notice of additional associated costs. Additional costs may include (but are not limited to) required entry fees, special training, certifications, background checks and security clearances. 15% Restock fee and shipping for plus tiles. No returns on premium tiles.
The drawings within this quote are based on measurements supplied to sofSURFACES and are not professional engineered drawings. It is the project manager's responsibility (not sofSURFACES or its dealer) to provide sofSURFACES with correct measurements and to ensure that all site specifications and site preparations (including without limitation slopes, ramps, and transition components) are compliant with local building codes, and prepared to sofSURFACES' requirements. *Monthly payment based on minimum 15% down deposit. Final Rate subject to OAC. For more information please contact our Finance Controller at 1-800-263-2363 or [email protected].
Finance Options Available
2 Year Term: Min. Order = $12,363.77 USD
3 Year Term: Min. Order = $8,649.41 USD
1 Year Term: Min. Order = $10,000.00
$25,000.00
$35,000.00
Quote Q102958-8-TP - City of Oakley - Holly Creek Park 2/28/2022 9:47 AM Prepared by: Sara Letourneau Page: 5 / 5 29 STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees
Background Information and Analysis
The City's Strategic Plan includes a bi-annual review and update of the City’s Fees, consistent with the goal to ensure, with only a few exceptions, that fees for City services are sufficient to fully recover the cost of providing those services. A cost of service study was prepared in keeping with the strategic objective and goal.
Like prior studies, the fees are a result of the calculation of the cost of providing services offered by the Planning Division, the Public Works/Engineering Department, the Administrative divisions and departments and the Police Department. With few exceptions, new full cost recovery is recommended for fees the City charges and deposits collected for the listed services. A copy of the proposed Master Fee Schedule update, showing the changes and additions of certain fees and deposits is attached to this report. The proposed changes are minimal and include the following:
Adding the EV charging fee under general administrative services. Taking out the developer impact fees, as they are now presented separately.
Changing the Grading, Inspection Fee for $100,000 or more from 1% to 4%. Moving from Fixed Fee to Time and Material Deposit and establishing fees for the following:
o Grading, Plan Review - $3,000 for $100,000 or less
o Grading, Inspection Fee - $5,000 for $100,000 or less Legal Requirements
State law contains a number of provisions which affect a City’s establishing and updating City fees. They can be summarized generally as follows: a City may set fees to recover the full cost of providing services, but fees cannot be levied in excess of the cost of service or for general revenue purposes. A cost of service study may be used as the basis to calculate and set fees to recover the full cost of 30 providing services; and to make findings that the fees reflect a reasonable estimate of the cost of providing the applicable services.
As for the process of adopting fees, State law requires that changes to the City’s fees be presented to the City Council at a public hearing; and that there be two publications of the meeting notice, so that advance notice is provided to any party that requests to be notified of any proposed fee adjustments, and that the full package of the proposal is made available to the public no less than 10 days prior to the Hearing. In addition, approved changes may take effect no less than 60 days after approval.
Staff has met the publishing and noticing requirements for the proposed changes herein, and Staff is recommending that any changes approved pursuant to this item become effective on Monday, September 12, 2022, which is 62 days from the date of this meeting.
Consistency with the Oakley Strategic Plan 27+
The approval of this resolution is consistent with the SP 27+ Finance and Fiscal Responsibility Goal to leverage the City’s financial resources for the long-term benefit of our residents and businesses.
Fiscal Impact
The fiscal impact of the recommended action is not expected to be significant overall.
The recommendations generally include minor increases to the existing fee levels.
Recommendation
Staff recommends the City Council adopt the resolution establishing the City’s Master Fee Schedule and incorporating the proposed changes in fees to become effective September 12, 2022.
Attachments
1. Resolution
2. Master Fee Schedule
31 Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ADOPTING A MASTER FEE SCHEDULE
WHEREAS, the City Council of the City of Oakley has the authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which fees are imposed; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff in readily locating fees and to continue governmental transparency; and WHEREAS, the proposed Master Fee Schedule will supersede any previously adopted or established fee for specified City services; and
WHEREAS, the Master Fee Schedule will be evaluated each year to ensure that services are provided while consideration is taken into account in regards to cost recovery for services provided by the City; and
WHEREAS, public comment has been received on the compilation of existing fees into a Master Fee Schedule (Exhibit “A”) and proposed fee modifications contained within the Master Fee Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. That the fees shown in Exhibit “A” are hereby adopted and supersede any previously established fee for the identified City services.
Section 3. The fees shown in Exhibit “A” shall become effective September 12, 2022.
32 Resolution No. XX-22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
33 Master Fee Schedule
Effective
September 12, 2022
34 GENERAL ADMINISTRATIVE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Passport Photos $15.00
Passport Execution Fee $35.00
Copying (8 1/2 x 11) $.40 1st page $.25 thereafter
Copying (8 1/2 x 14) $.65 1st page $.50 thereafter
Copying (11 x 17 or color copies) $1.00 1st page $.75 thereafter Promotional Items Cost + 10%
Return Check Fee $25/$35 $25 for 1st, $35 for Subsequent Zoning/Subdivision Map Time and Materials Charge
General Plan Copy Time and Materials Charge
Subpoena Services $24 per hour plus $.10 per page
Subpoena Witness Fees $275.00 Per Day plus current IRS rate per mile of travel Research & Information Services Based on Staff Estimate Time and Materials Charge Administrative Hearing Time and Materials Charge
Administrative Penalty Citation $100.00 For 1st citation in 1 year; $200 and $500 for subsequent citations in 1 year Copy of Meeting on Flash Drive, CD, or DVD Varies, fee is cost of recording media only Recreation Class Cancellation Fee $38 maximum or class fee if cancelled within 2 weeks of the first class Filing Fee for Notice of Intent to Circulate an Initiative Petition $200.00 Deposit is refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition.
Business License Annual Fee $100.00
$100 plus $10 per full time equivalent employee (pro-rated by quarter for new licenses)
CASP Annual Fee $4.00 Per SB 1186
Transfer of License or Location $10.00
Lost License/Duplicate License $10.00
EV Vehicle Charging Fee $.30/kwh
SPECIAL PERMITS & LICENSES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Adult Business Permits $1,704.00 Time and Materials Charge Massage Parlor Permits $1,196.00 Time and Materials Charge Masseuse Permits $364.00 Ability to charge are subject to limits by State Law.
Bingo Licenses
New $50.00
Renewal $10.00
Public Dance Licenses $406.00
Sound Amplification Permit $406.00
Taxicab Owner Permit $316.00
Taxicab Driver Permit $316.00
Tobacco License $458.18 Per License (Resolution 03-19)
35 PLANNING DEPARTMENT SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT VARIANCES:
Variances $2,900.00 Time and Materials Charge
CONDITIONAL USE PERMITS:
Conditional Use Permit $3,500.00 Time and Materials Charge Zoning Administrator Fees for Conditional Use Permit or Variance $649.00 SIGN PERMITS:
Administrative Approval $81.00
Planning Commission Approval $1,500.00 Time and Materials Charge DEVELOPMENT PLANS/DESIGN REVIEWS:
Zoning Administrator Review Repaint/Re-façade $162.00
Zoning Administrator Review - All Others $1,215.00
Planning Commission/City Council Review - Minor (ZA referrals, significant painting/facades) $2,400.00 Time and Materials Charge Planning Commission/City Council Review - Major (Tent. Map- Homes, New Commercial/Industrial Construction) $4,000.00 Time and Materials Charge SUBDIVISIONS:
Major Subdivisions $12,000.00 Plus $100 per lot/unit over 50 Parcel Maps $5,500.00 Time and Materials Charge
Reversion to Acreage $1,900.00 Time and Materials Charge Condo/Conversion tentative map $7,000.00 Plus $100 per lot/unit REZONINGS:
Rezoning $6,500.00 Time and Materials Charge
GENERAL & SPECIFIC PLANS:
Preliminary Review ("Merit" Review for Applicant) $2,000.00 Time and Materials Charge Formal General Plan and Specific Plan Submittal $10,000.00 Time and Materials Charge APPEALS:
Applicant appeal $1,500.00 Time and Materials Charge
Neighbor/Non-Applicant Appeal $109.00
PERMIT EXTENSIONS:
Administrative $162.00
Public hearing $1,000.00 Time and materials charge
TREES:
Application to Destroy, Cut Down or Remove Protected Tree $450.00 Per tree; only charged if not part of a project Appeal of Decision to Destroy, Cut Down or Remove Protected Tree $140.00 Per tree Damage to Protected Tree (Penalty) Per OMC
OTHER FEES:
Zoning Verification Letter $50.00
Additional HCP Application Review Fee (for applicable projects) $700.00 Time and Materials Charge Firearm Sales License and Renewals $219.00
Home Occupation Permit $109.00
Short Term Rental Permit $129.00
Vendor Permit and Renewal $129.00
DEVELOPMENT AGREEMENTS:
Preliminary Review ("Merit" Review for Applicant) $500.00 Completion of Review $3,000.00 Time and Materials Charge Construction and Debris Plan Fees (Solid Waste Diversion) $41.00 Residential Density Bonus Review $1,400.00 Time and Materials Charge
36 PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT ENCROACHMENT PERMIT REVIEW & INSPECTIONS:
SMALL ENCROACHMENT PERMIT CATEGORY All fees include inspection and current USA fee General Encroachment Permit (Curb, Sidewalk, Driveway) $370.00 Tree Removal $215.00
Debris Box/Storage Container $215.00
Site Access Permit $227.00
LARGE ENCROACHMENT PERMIT CATEGORY
Large Permit <= $10,000 $1,480.00
Large Permit > $10,000 Based on Estimate + Bond Time and Materials Charge
OTHER ENCROACHMENT
Utility Company or District Project Time and Materials Charge Work Done Without Permits $455.00 Plus double inspection and permit fees No Inspection Notification for Permitted Work $455.00 Plus inspection fees MISCELLANEOUS ROAD PERMIT APPLICATIONS:
House Move Review $613.00
House Move Inspection $230.00
Extra Legal Load $16.00 $16 set by State; or $100/yr + $100 security deposit Road Closure Permit, Ext / Mod (Major Construction Projects) $3,135.00 TEMPORARY ROAD CLOSURES/CONSTRUCTION/SPECIAL EVENTS:
Not For Profit Applicant $57.00
For Profit Applicant $799.00
SUBDIVISION MONUMENT CHECKING:
1 - 2 Monuments $575.00
3 - 5 Monuments $690.00
6 - 9 Monuments $800.00
10 or more new monuments $915.00 Plus $66 per monument over 10 Error Resolution / Discussion $1,850.00 Time and Materials Charge MAP CHECKING:
Final Map $6,500.00 Time and Materials Charge Plus $60 per lot Parcel Map $3,000.00 Time and Materials Charge Plus $60 per lot Base Map Revision $60.00 Per Lot
Certificate of Correction Review $1,500.00 Time and Materials Charge Amended Map Revision $1,500.00 Time and Materials Charge Plus $60 per lot ROAD VACATIONS:
Map Exists $2,302.00 Time and Materials Charge
No Map Exists $2,302.00 Time and Materials Charge
ROAD MISCELLANEOUS:
Road Name Change-Public Road $1,790.00 Plus $265 for 1 intersection & $64 each additional intersection Address Change/Private Road Name Change $1,790.00
PUBLIC IMPROVEMENT PLAN REVIEW:
Plan Review
$25,000 or less $4,000.00 Plus 8% of improvements
$25,000 - $50,000 $6,000.00 Plus 6% of improvements
$50,001 or more $7,500.00 Plus 2% of improvements over $50,000 Landscaping Plan Review (Parks Department) $2,000.00 Plus 2% of improvements Commercial Site Plan Review $7,500.00 Plus 2% of improvements C.3 Compliance Review $4,200.00 Time and Materials Charge Bridges or Major Structures $15,000.00 Plus 6% of improvements
37 PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT RELATED REVIEW:
Drainage Review (no improvement plans) $2,400.00 Time and Materials Charge Condition of Approval Compliance Check (no improvement plans) $2,000.00 Time and Materials Charge Certificate of Compliance $2,475.00 Time and Materials Charge Lot line adjustment $3,900.00 Time and Materials Charge PUBLIC IMPROVEMENT INSPECTION:
$100,000 or less $6,000.00 Time and Materials Charge Plus 6.5% of improvements $100,001 or more $15,000.00 Time and Materials Charge Plus 4.5% of improvements over $100,000 Commercial Site Plan Inspection $6,500.00 Time and Materials Charge Plus 8% of improvements Bridges or Major Structures $14,000.00 Time and Materials Charge Plus 7% of improvements Landscaping (Parks Department) $3,500.00 Time and Materials Charge Plus 8% of improvements FLOODPLAIN MANAGEMENT PROGRAM:
Flood Zone Determination - Office Review $80.00 Per lot, $402 max for adjacent lots Flood Zone Determination - Field Visit Review $432.00 Plus $67/lot, $734 max for adjacent lots Floodplain Management Compliance $48.00 Per Parcel
Floodplain Permit Application $2,000.00 Time and Materials Charge Floodplain Base Map Revision $56.00 Per Lot
Floodplain Map Amendments $2,000.00 Time and Materials Charge GRADING:
Plan review:
$100,000 or less $3,000.00 Time and Materials Charge Plus 3% of improvement value $100,001 or more $4,000.00 Time and Materials Charge Plus 1% of amount over $100,000 Inspection:
$100,000 or less $5,000.00 Plus 5% of improvement value $100,001 or more $6,000.00 Time and Materials Charge Plus 4% of amount over $100,000 Stock Pile Permit $3,000.00 Time and Materials Charge
38 POLICE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Abandoned Vehicle No Charge
ABC Permit Letter $50.00
Accident Report - Property Damage Only $12.00
Accident Report - Injury (1-20/20+ / Extensive) $12.00
Photos to CD $25.00
Booking Fee $564.00
Citation Sign-Off
Vehicle Inspection – Resident No Charge
Vehicle Inspection – Non-resident $38.98
Clearance Letter:
Fee for Resident $15.00
Fee for Non-Resident $42.00
Concealed Weapons Fee:
Initial Fee (Plus State Fingerprinting Processing Fee) $450.00 Plus Current DOJ Fees Renewal Fee (Plus State Fingerprinting Processing Fee) $75.00 Plus Current DOJ Fees Crime Reports $12.00
DUI Emergency Response Cost Recovery Actual cost for staff, equipment, lab work.
False Alarm Response (more than 2 in 30 days) $100.00 After 2 alarms in 30 days Livescan Applicant Fingerprinting $21.00 Plus Current DOJ Fees Gun Storage Services pursuant to Court Order:
Administrative Processing Fee Per Incident $12.00
Storage Fee (per month or any fraction thereof) per Gun $5.00 Parties and Nuisances – Subsequent Calls for Service Hourly Charge; $415 minimum Review of Local Criminal History $44.00
Rotational Tow Application Fees $350.00
Special Event Permit –No ABC Liquor License Letter Required $411.00 Special Event – Non-Profit Organization (with or without ABC letter) $411.00 Second Hand Dealer License/Pawns $165.00 Plus Current DOJ Fees Solicitor/Peddler Permits $245.00
Subpoena Duces Tecum (Per EC 1563) $24 per hour plus $.10 per page Per EC 1563 Production of Documents Only $15.00
Appearance Request (officer/records) $275.00
Vehicle Abatement $492.00
Vehicle Repossession Fee (VIN Verification charge individuals only) $70.00 Stored Vehicle Release – Recovered Stolen Vehicle No Charge Stored Vehicle Release $100
39 OTHER INSPECTION FEES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Inspections Outside of Normal Business Hours $69.25 Per Hour (Minimum of 2 Hours) RE-Inspection Fees Assessed Under Provisions of Section 305.8 $69.25 Per Hour Inspections for Which no Fee is Specifically Indicated $69.25 Per Hour Additional Plan Review Required by Changes, Additions & Revisions to Plans $78.50 Per Hour For Use Outside Consultants for Plan Checking & Inspections or Both Time and Materials Charge Energy Compliance Fees
25% of the Building Fee Applicable to all Structures with Heaters or any Conditioned Space
Access Compliance Fees
25% of the Building Fee Applicable on all Buildings Except Residential Use Buildings with Fewer Than four (4) Dwelling Units
ADDITIONAL FEE OR DEPOSIT COMMENT
The work listed in this supplement shall be valued based on the gross square footage of the work, or where noted, as a lump sum. Where actual costs are higher, those costs shall be used for the valuation.
Residential Addition $ 94.80 Sq. Ft.
Residential Remodel (to existing floor area) By Value
Residential Use Conversion from Garage By Value
Sun room with 60% glazing, cabanas, other similar structures if conditioned space and Integrated with main Structure $18.65 Sq. Ft.
Patio Cover By Value
Deck $13.56 Sq.Ft.
Deck - With Cover By Value
Retaining Wall By Value
Freestanding Fence By Value
Portable Doughboy Pools or Portable Spa (Electrical Only) $156.16 Includes Applicable City Fees Portable Doughboy Pools or Portable Spa With Gazebo or Decking By Value Remodel or Tenant Improvement Work in Commercial Buildings By Value Re-Roofing-Single Family or Duplex $178.80 Includes Applicable City Fees Commercial Building Re-Roof By Value
Pre Fabricated Home on Permanent Foundation (Use minimum Electrical, Mechanical, and Plumbing Inspection Fees) By Value Moved Building By Value
$1,000,001.00 and UP $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,000.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00
BUILDING VALUATION DATA SUPPLEMENT
SCHEDULE OF CONSTRUCTION PERMIT FEES
$1.00 to $2,000.00 $69.25
TOTAL VALUATION FEE
BUILDING FEES
$2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.000
40 ELECTRICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 25% of the Building Permit Fee, $69.25 minimum Shell Building 25% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 20% of the Building Permit Fee, $69.25 minimum Electrical Permit $69.25 minimum. See * note.
MECHANICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 10% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 15% of the Building Permit Fee, $69.25 minimum New Commercial Building 15% of the Building Permit Fee, $69.25 minimum Shell Building 15% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 10% of the Building Permit Fee, $69.25 minimum Mechanical Permit $69 25 minimum. See * note below
PLUMBING INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 20% of the Building Permit Fee, $69.25 minimum Shell Building 20% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 15% of the Building Permit Fee, $69.25 minimum Plumbing Permit $69 25 minimum. See * note below
MISCELLANEOUS FEES FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Re inspections (When return trips to the site by an inspector are necessary) $69.25 Per Hour Owner-requested inspection of an existing building $69.25/$207.75 Per Hour with a 1 Hour Minimum. If Overtime is required the rate shall be $207.75 per hour with a 1 Hour Minimum
Inspection for Change of Occupancy $80.00 Per Hour with a 1 Hour Minimum Investigation of work without permit. When a Stop Work Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be issued for such work.
An investigation fee shall be charged equal to two times the amount of all permits fees required by this ordinance, with a minimum of $125.00. The fee is additive to the permit fees. This provision shall not apply to emergency work when it can be proven to the satisfaction of Building Official that such work was urgently necessary, that it was not practical to obtain a permit before the work was commenced, and that a permit was applied for as soon as practical.
* A plumbing permit is required for all plumbing work regulated by the Plumbing Code. Fees for work not included in Items 1-5 above shall be calculated using Building Fees and based on the contract amount of the plumbing work. Where such plumbing work is performed in conjunction a building permit, the fee may be added to that permit, and a separate plumbing permit is not required. *A mechanical permit is required for all mechanical work regulated by the Mechanical Code. Fees for work not included in Items 1-5 above shall be calculated using Building Fees and based on the contract amount of the mechanical work. Where such mechanical work is performed in conjunction a building permit, the fee may be added to that permit, and a separate mechanical permit is not required. *An electrical permit is required for all electrical work regulated by the Electrical Code. Fees for work not included in items 1-5 above shall be calculated using Building Fees and based on the contract amount of the electrical work. Where such electrical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate electrical permit is required.
41 PERMIT PROCESSING AND ISSUANCE PROGRAM FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Plan Review-Applicable when plans are required beyond a plot or site plan. 65% of Building Permit Fee Permit Review and Processing
Applicable when review for compliance can be determined through a plot or site plan, or references to a master plan previously reviewed and approved by the department.
25% of Building Permit Fee. (Subsequent houses also). $78.50 per hour minimum.
Additional Processing
Applicable when additional plan review is required due to: 1) incomplete or unacceptable follow-through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) revisions submitted during construction to reflect field changes. $78.50 Per Hour Plan Scanning:
8 1/2 x 11 $0.13 Per Sheet
11 x 17 to 12 x 18 $0.25 Per Sheet
17 x 22 to 18 x 24 $0.81 Per Sheet
24 x 34 to 24 x 36 $1.62 Per Sheet
36 x 44 to 36 x 48 $2.97 Per Sheet
Large Format Scanning $0.27 Per Square Foot
CONSTRUCTION INSPECTION PROGRAM ADDITIONAL FEE OR DEPOSIT COMMENT Building Permit The Building Permit fee shall be as set forth in the Fee Schedule (Table No. 1-A) Energy Compliance
25% of Building Permit or processing fees. Applicable on all structures with heated or air conditioned space.
Accessibility
25% of Building Permit or processing fees. Applicable on all building permits except residential use buildings with fewer than 4 dwelling units.
State of California Earthquake Assessment Fee
Residential: .10 per each $1,000 building Valuation
Commercial: .21 per each $1,000 building Valuation
ADMINISTRATION AND OVERHEAD COSTS; ACTUAL COSTS
Actual costs include the City's administrative and overhead costs.
Section 2: VALUATION
The valuation to be used in computing Construction Permit Fees shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, beating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment.
For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included.
The valuation of grading, retaining walls, paving and other site work, and any demolition work, shall be included unless such work was included in other permits issued by the Building Inspection Department.
The valuation data is used to establish consistent criteria for calculating permit fees, and the calculated total valuation does not necessarily reflect actual costs. The County Assessor does not rely on these costs, but performs independent assessments of the permitted work.
City of Oakley administrative and overhead costs are equal to 27% of all Construction Permit Fees. The City's administrative and overhead costs shall be included in the total amount charged for all Building Inspection Department services in a manner prescribed by the Building Inspection Department.
The determination of value or valuation under any provisions of the City Building Code shall be made by the Building Official. The total valuation to be used with the Fee Schedule shall be determined using the Building Valuation Data contained in the Building Standards magazine, published by the International Conference of Building Officials, Whittier, California. The data in the March-April issue of each year shall be used for the ensuing fiscal year. Work not listed in the Building Valuation Data shall be valued per the Building Valuation Data Supplement.
42 CODE ENFORCEMENT FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Annual Rental Registration & Inspection fee $108.00
Fee for property not inhabited by tenants or vacant and not listed for rent on January 1st of each calendar year will be prorated on a monthly basis Re-Inspection Fee $112.00
Non Compliance for Failure to Register & Pay Fee/Code Enforcement Violations:
First Citation $100.00
Second Citation $200.00
Third Citation $500.00
Administrative Penalty Citation for Building and Safety Codes First Citation $130.00
Second Violation of the Same Ordinance Within One Year $700.00 Each Additional Violation of the Same Year Within One Year of First $1,300.00 Rental Property Owners failing to register and pay the annual fee by January 31st of the calendar year or within 30 days of renting the property will be issued an Administrative Citation.
Administrative Citations are in addition to the Rental Registration and Inspection Fee and any other citations issued for Building and/or Code Enforcement violations.
43 User Groups:
Group 1: Oakley Resident and Oakley Based Non Profits
Group 2: Non-Resident and Non-Oakley Based Non Profits
Group 3: Community Partner
Group 4: Private Business, Group or Organizations
FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Sports Area $7.00 per hour $17.00 per hour As Outlined in Individual Agreement $40.00 per hour Creekside and Nunn Wilson Park Group Picnic Areas (up to 100 people) $100.00 per day $125.00 per day As Outlined in Individual Agreement $200.00 per day Crockett and Summer Lake Park Group Picnic Areas (under 50 people) $75.00 per day $100.00 per day As Outlined in Individual Agreement $150.00 per day FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Oakley Recreation Building Studio 1 Only available for parties with 50 or less people Monday -Thursday
$55.00 per day $75.00 per day As Outlined in Individual Agreement $100.00 per day Recreation Center Great Room Add on Kitchen to full room rental or side A for $100
M-Th $150.00 per day
F-Su $225.00 per day
M-TH $175.00 per day
F-Su $250.00 per day
As Outlined in Individual Agreement
M-TH $225.00 per day
F-Su $300.00 per day
Recreation Center Side A or Side B Add on Kitchen to full room rental or side A for $100
M-Th $75.00 per day
M-TH $100.00 per day
F-Su $135.00 per day
As Outlined in Individual Agreement
M-TH $125.00 per day
F-Su $150.00 per day
Temporary Use Permit $100 application fee + $500 deposit Special Event/Road Closure Permit (if required) $50 application fee* Park Rental Fee $250 per day
Kitchen Available Monday - Friday for $50 per hour
Recreation Center Deposit $250, insurance required on all rentals. *Large events and events serving alcohol will require $500 deposit and security
CIVIC CENTER PARK STAGE & AMPITHEATER
PICNIC AREA AND SPORTS FIELDS
PARKS & RECREATION
A $150 damage deposit is due at the time of application to reserve any park or sports area.
RECREATION CENTER FEES
*Additional fees may apply based on the nature of your event
44 STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Annexation No. 32 (Wendy’s at Bridgehead Rd and Main St) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On February 8, 2022, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 05-21) and Conditional Use Permit (CUP 2-21) for a Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street comprised of APN 037-040-021. The proposed 0.76-acre project consists of one 2,331 square-foot restaurant building including dine-in and drive-through service with associated parking, lighting, and landscaping improvements.
The Conditions of Approval for the Wendy’s project require the property owner to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. On January 12, 2016, the Oakley City Council formed City of Oakley Community Facilities District No. 2015- 2 (Parks, Streetlight, Landscape and Stormwater Services) (“CFD No. 2015-2”). CFD No. 2015-2 authorizes the annual levy of a special tax on parcels located within CFD No. 2015-2 to mitigate their financial impact to the City’s parks, streetlighting, landscape and stormwater service budgets. The property owner for the Wendy’s project has requested that the City assist them with the annexing of their development into CFD No. 2015-2 to satisfy their conditions of approval.
Prior to tonight’s City Council meeting, the property owner for the Wendy’s project executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2015-2 (existing Tax Zone 22) including the subsequent annual levy of special taxes to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. 45 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their development project to CFD No. 2015-
2. The FY 2022-23 special tax rates per commercial acre are as follows:
Therefore, successful annexation of the Wendy’s project into CFD 2015-2 could provide up to $2,212.53 (in FY 2022-23 dollars) in revenue annually when all the parcels are developed. The taxes can be collected on the property tax rolls commencing in FY 2022-23.
Recommendation
The Conditions of Approval for the Wendy’s project require the property owner to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommends that the City Council:
1. Adopt a Resolution Approving the Annexation (Annexation No. 32) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Staff recommends that the City Council adopt the Resolution Approving the Annexation (Annexation No. 32) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
Attachments
1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); 1) Exhibit A: Description of Services;
FY 2022-23 Maximum Special Tax Rates per Commercial Acre Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $471.90
Community Parks Maintenance Tax $1,042.10
Streetlighting Maintenance Tax $205.75
Neighborhood Parks & Landscape Maintenance Tax $0.00
Stormwater/Water Quality Maintenance Tax $1,191.48
Total $2,911.23
46 2) Exhibit B: Cost Estimate; and
3) Exhibit C: Supplement to the Rate and Method of
Apportionment of Special Tax – Tax Zone No. 22.
2. Resolution Approving the Annexation (Annexation No. 32) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services);
3. Map – Annexation No. 32 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); and
4. Amendment No. 32 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
47 UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 32 – Tax Zone No. 22
July 12, 2022
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:
This constitutes the Unanimous Approval (the “Unanimous Approval”) of the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) to annexation of the Property to the "City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)" (the “CFD”), and it states as follows:
1. Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.
2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services (the “Services”) described in Exhibit A hereto and made a part hereof.
3. Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services.
The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 22” attached hereto as Exhibit C and 48 -2-
made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.
4. Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.
5. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.
6. Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property.
7. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.
8. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD.
9. The Property. The Property is identified as follows:
Assessor’s Parcel No.: 037-040-021
Acres: 0.76 acres
49 -3-
By executing this Unanimous Approval, the Property Owner agrees to all of the above.
Annexation No. 32 - Tax Zone No. 22
Property Owner
By:
Name:
Title:
Notice Address:
50 Exhibit A
EXHIBIT A
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)
DESCRIPTION OF SERVICES
The captioned Community Facilities District will finance, in whole or in part, the following services ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982), including all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities:
Regional Parks
Maintenance, including servicing, repair, replacement and removal of regional parks (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD.
Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.
Community Parks
Maintenance, including servicing, repair, replacement and removal of community parks (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD.
Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.
Streetlighting
Maintenance, including servicing, repair, replacement and removal of streetlights (includes poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals and metering devices, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric and other utility costs.
51 Exhibit A
Neighborhood Parks & Landscaping
Maintenance, including servicing, repair, replacement and removal of neighborhood parks (includes park amenities such as playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.
Maintenance, including servicing, repair, replacement and removal of parkways, landscape setbacks, landscaped roadway medians, open space, environmental preserves (including performance and management of environmental mitigation monitoring and annual reporting), publicly-owned masonry walls, fences, monuments and features, trails, bike paths, etc., both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.
Stormwater
Maintenance, including servicing, repair, replacement and removal of bio-retention facilities and drainage facilities (includes field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris from the drainage areas, bioretention basins and City catch basins, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.
In addition, the following costs will also be financed by the special taxes levied within the CFD and be allocated to each improvement described above based upon their pro-rata share of needed administrative costs, operating reserves and capital reserves, and actual or estimated delinquencies.
1. Administrative Expenses including the costs incurred to determine, levy and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the general tax rolls, preparation of required reports, and any other costs incurred in the administration of the CFD by the City;
2. Any amounts needed for operating reserves and capital reserves; and
3. Any amounts needed to cure actual or estimated delinquencies in special taxes for the current or previous fiscal years.
52 Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2022-23 Dollars)
FY 2022-23
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $359
Community Parks Maintenance Tax $792
Streetlighting Maintenance Tax $156
Neighborhood Parks & Landscape Maintenance Tax $0
Stormwater/Water Quality Maintenance Tax $906
Total $2,213
53 Exhibit C
EXHIBIT C
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)
SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 22
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.
Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 32 will be annexed to Tax Zone No. 22 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with 54 Exhibit C
disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. “Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
55 Exhibit C
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.). “Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
56 Exhibit C
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. “Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
57 Exhibit C
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.
For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. 58 Exhibit C
“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015- 2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015- 2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.
B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2015-2. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (ii) the Special Tax Requirement for each Special Tax Component for the then-current Fiscal Year. Each Special Tax Component shall be levied only to pay for the related Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map. 59 Exhibit C
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:
Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one-acre parcel has commercial on the ground floor and 50 condominiums on the second floor the property owner will be charged the Non-Residential Parcel rate for one acre and the Condominium Parcel Rate for the 50 condominiums.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $157.30 per Parcel Regional Park Maintenance Tax Condominium Parcel $117.97 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $78.65 per Unit Regional Park Maintenance Tax Non-Residential Parcel $471.90 per Acre Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,042.10 per Acre Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $205.75 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $893.61 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $595.74 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Table 1: Developed Property
FY 2022-23
Maximum
Tax
60 Exhibit C
2. Undeveloped Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:
3. Escalation of Maximum Special Tax
On July 1, 2023, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $471.90 per Acre Regional Park Maintenance Tax Condominium Parcel $353.92 per Acre Regional Park Maintenance Tax Multi-Family Parcel $235.95 per Acre Regional Park Maintenance Tax Non-Residential Parcel $235.95 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,042.10 per Acre Community Parks Maintenance Tax Condominium Parcel $781.58 per Acre Community Parks Maintenance Tax Multi-Family Parcel $521.06 per Acre Community Parks Maintenance Tax Non-Residential Parcel $521.06 per Acre Streetlighting Maintenance Tax Single-Family Parcel $205.75 per Acre Streetlighting Maintenance Tax Condominium Parcel $154.31 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $102.88 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $102.88 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $1,191.48 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $1,191.48 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Maximum
Table 2: Undeveloped Property
FY 2022-23
Tax
61 Exhibit C
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property as follows:
Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.
The Special Tax for CFD No. 2015-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2015-2, and the Special Tax shall be subject to foreclosure if delinquent regardless of the manner in which it was collected.
E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
62 Exhibit C
G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.
H. REPEAL OF THE SPECIAL TAX
CFD No. 2015-2 was established to levy the Special Tax to finance the Authorized Services as a condition of the entitlement to develop the Developed Property in CFD No. 2015-2. If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2015-2, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied.
I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
63 Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE ANNEXATION (ANNEXATION NO. 32) OF PROPERTY LOCATED IN THE
FUTURE ANNEXATION AREA OF
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) RESOLVED by the City Council (the “Council”) of the City of Oakley (the “City”), County of Contra Costa, State of California, that:
WHEREAS, this Council has adopted a resolution entitled “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)” (the “CFD”) and (ii) the "City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Future Annexation Area)," authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”).
WHEREAS, under the Resolution of Formation and a resolution calling special election heretofore adopted by this Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the Act.
WHEREAS, on January 12, 2016, a special election was held among the landowner voters within the CFD, wherein such propositions were approved by the two-thirds vote required by the Act, as confirmed by resolution of this Council.
WHEREAS, on January 19, 2016, a notice of special tax lien (the “Notice of Special Tax Lien”) was recorded with the Contra Costa County Recorder’s office, thereby giving notice that the lien to secure payment of the Special Tax was imposed on the land in the CFD.
WHEREAS, the owner (the “Property Owner”) of Assessor’s Parcel Number 037-040-021 located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.
WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 64 Resolution No. XX-22 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:
1. Recitals. The foregoing recitals are all true and correct.
2. Approval of Annexation. The City Council hereby determines that Assessor’s Parcel Number 037-040-021 is annexed into Tax Zone No. 22 of the CFD.
3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Assessor’s Parcel Number 037-040-021 is added to the CFD.
4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Number 037-040-021 are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.
5. General Authority; Ratification of Previous Actions. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transactions described herein or to otherwise effectuate the purposes of this resolution. Any actions previously taken by such officers that are consistent with the purposes of this resolution are hereby ratified and confirmed.
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED, APPROVE AND ADOPTED this 12th day of July 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Randy Pope, Mayor
ATTEST:
______
Libby Vreonis, City Clerk Date
65 CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2022.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 32 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),
CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2022, BY ITS RESOLUTION No. _______________.
FILED THIS _______ DAY OF ________________, 2022, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
SHEET 1 OF 2
THIS ANNEXATION MAP ANNEXES TERRITORY TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS,
STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),
CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, ON THE 9TH DAY OF
NOVEMBER, 2015 IN BOOK 85 OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICT AT PAGE 20.
NOTE:
_______________________________
COUNTY RECORDER
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 32 - TAX ZONE NO. 22
SEE SHEET 2
ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS
OF LINES AND DIMENSIONS OF PARCELS, REFERENCE
IS MADE TO THE ASSESSOR PARCEL MAPS OF CONTRA
COSTA COUNTY FOR ASSESSOR PARCEL NUMBER
037-040-021.
ANNEXATION MAP No. 32 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 66 ±
Annexation No. 32 - Tax Zone No. 22
(Wendy's at Bridgehead Road and Main Street)
APN
037-040-021
Main St
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ANNEXATION MAP No. 32 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 0 50 100
Feet
Legend
CFD No. 2015-2 Annexation Area No. 32
Parcel Lines
SHEET 2 OF 2
67 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 32 TO
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 32 - Tax Zone No. 22
(Wendy’s at Bridgehead Rd and Main St)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.
This Amendment No. 32 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15-234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 32 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2022, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.
The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in 68 2
accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.
The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 32 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Oakley, City Hall, 3231 Main Street, Oakley, California 94561, telephone number (925) 625-7000.
Dated: As of _____________, 2022
By:
Libby Vreonis, City Clerk,
City of Oakley
69 Exhibit A
EXHIBIT A
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 32 – Tax Zone No. 22
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN
ANNEXATION NO. 32 – TAX ZONE NO. 22
Assessor’s Parcel No(s). Name(s) of Property Owner(s)
037-040-021 DHILLON PIRTHIPAL SINGH TRE
70 Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)
SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 22
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.
Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 32 will be annexed to Tax Zone No. 22 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special 71 Exhibit B
Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 72 Exhibit B
“Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.). “Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
73 Exhibit B
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. 74 Exhibit B
“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.
For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable 75 Exhibit B
to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. “Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015- 2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015- 2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.
B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2015-2. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (ii) the Special Tax Requirement for each Special Tax Component for the then-current Fiscal Year. Each Special Tax Component shall be levied only to pay for the related Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final 76 Exhibit B
Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:
Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one-acre parcel has commercial on the ground floor and 50 condominiums on the second floor the property owner will be charged the Non-Residential Parcel rate for one acre and the Condominium Parcel Rate for the 50 condominiums.
2. Undeveloped Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $157.30 per Parcel Regional Park Maintenance Tax Condominium Parcel $117.97 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $78.65 per Unit Regional Park Maintenance Tax Non-Residential Parcel $471.90 per Acre Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,042.10 per Acre Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $205.75 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $893.61 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $595.74 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Table 1: Developed Property
FY 2022-23
Maximum
Tax
77 Exhibit B
3. Escalation of Maximum Special Tax
On July 1, 2023, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $471.90 per Acre Regional Park Maintenance Tax Condominium Parcel $353.92 per Acre Regional Park Maintenance Tax Multi-Family Parcel $235.95 per Acre Regional Park Maintenance Tax Non-Residential Parcel $235.95 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,042.10 per Acre Community Parks Maintenance Tax Condominium Parcel $781.58 per Acre Community Parks Maintenance Tax Multi-Family Parcel $521.06 per Acre Community Parks Maintenance Tax Non-Residential Parcel $521.06 per Acre Streetlighting Maintenance Tax Single-Family Parcel $205.75 per Acre Streetlighting Maintenance Tax Condominium Parcel $154.31 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $102.88 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $102.88 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $1,191.48 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $1,191.48 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Maximum
Table 2: Undeveloped Property
FY 2022-23
Tax
78 Exhibit B
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property as follows:
Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.
The Special Tax for CFD No. 2015-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2015-2, and the Special Tax shall be subject to foreclosure if delinquent regardless of the manner in which it was collected.
E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
79 Exhibit B
G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.
H. REPEAL OF THE SPECIAL TAX
CFD No. 2015-2 was established to levy the Special Tax to finance the Authorized Services as a condition of the entitlement to develop the Developed Property in CFD No. 2015-2. If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2015-2, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied.
I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
80 STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Creating Zone 184 within the Oakley Special Police Tax Area consisting of the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street Background and Analysis
On February 8, 2022, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 05-21) and Conditional Use Permit (CUP 2-21) for a Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street comprised of APN 037-040-021. The proposed 0.76-acre project consists of one 2,331 square-foot restaurant building including dine-in and drive-through service with associated parking, lighting, and landscaping improvements.
The Conditions of Approval for the Wendy’s project require the property owner to mitigate the financial impact their project has on the City’s police services budget.
The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Wendy’s project has requested that the City assist with annexing the project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.
Beginning May 2016, the City established its own police department and no longer contracts with the Sheriff’s office to provide public safety. In order to ensure that revenue grows at a rate sufficient to cover the cost of providing police services, City Council approved Resolution No. 113-16 on July 12, 2016, that allows for an adjustment in the annual tax per parcel by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area to become effective July 1, 2016. Adoption of the attached resolution and introduction of the attached ordinance will set an election date for August 12, 2022, which shall be conducted by the City Clerk via a mail ballot election. The vote will then be ratified at the September 13, 2022 regular City Council meeting, and the ordinance will take effect at that time assuming a favorable vote.
81 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 184 to the Oakley Special Police Tax Area. The FY 2022-23 special tax rate for “Drive-in Restaurants” parcels is $1,846.10/parcel (FY 2022-23 rates). Therefore, successful creation of the Zone is expected to provide up to $1,846.10 (in FY 2022-23 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2023-
24. Staff Recommendation
The Conditions of Approval for the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street require the property owner to mitigate their financial impact on the police services budget.
Adoption of this Resolution and Ordinance will set an election to be held on August 12, 2022. The election will then be ratified at the September 13, 2022, regular City Council meeting. Staff recommends that the City Council:
1. Adopt the Resolution Creating Zone 184 within the Oakley Special Police Tax Area consisting of theWendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street; and
2. Introduce the Ordinance establishing a special tax for police protection.
Attachments
1) Resolution Creating Oakley Special Police Tax Zone 184 1) Exhibit A - Diagram
2) Ordinance Establishing a Special Tax
1) Exhibit A – Diagram
2) Exhibit B – Schedule for Police Service Tax
82 Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY CREATING OAKLEY SPECIAL POLICE TAX AREA ZONE 184 WITHIN THE OAKLEY SPECIAL POLICE TAX AREA FOR THE WENDY’S PROJECT LOCATED APPROXIMATELY 295 FEET EAST OF THE NORTHEAST INTERSECTION OF BRIDGEHEAD ROAD AND MAIN STREET (EXISTING APN 037-040-021) WHEREAS, it is the intention of the City Council to create Oakley Special Police Tax Area Zone 184 (Zone 184) within the Oakley Special Police Tax Area and authorize an election; and
WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for police services within Zone 184; and
WHEREAS, the City recognizes the need for increased police protection services within Zone 184 and the difficulty of funding the current or increased level of police services with revenues now available; and
WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct the election required by Government Code Section 53978, to be conducted by mail ballot pursuant to Elections Code Section 4108 and to be held on the earliest date permitted by law; and
WHEREAS, on February 8, 2022, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 05-21) and Conditional Use Permit (CUP 2-21) for a Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street comprised of APN 037-040- 021. The proposed 0.76-acre project consists of one 2,331 square-foot restaurant building including dine-in and drive-through service with associated parking, lighting, and landscaping improvements. The Conditions of Approval for the Wendy’s project require the developer mitigate the financial impact their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Wendy’s project has requested the City assist with annexing the project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval. The initial annual special tax rate for Drivein Restaurant parcels is $1,846.10/parcel (FY 2022-23 rates) per the rate schedule that was adopted by the City Council on July 12, 2016, by Resolution No. 113-16; and WHEREAS, this Resolution is adopted pursuant to Government Code section 53978; and WHEREAS, under Government Code section 53978 and for the purposes of this Resolution, a "voter" entitled to vote on the creation of Zone 184 is a person who owns real property within Zone 184 at the time Ordinance No. __ is adopted, as shown on the last equalized assessment roll prepared by the Contra Costa County Assessor's Office. 83 Resolution No. XX-22 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby finds and determines as follows:
1. All of the City of Oakley shall be considered as the Oakley Special Police Tax Area.
2. That portion of the City of Oakley shown on the plats titled Exhibit "A" is established as Zone 184 of the Oakley Special Police Tax Area.
3. That Ordinance No. __ introduced this date is to be presented for approval of the voters of Zone 184 by a mail ballot election, to be held on August 12, 2022.
The ballot proposition shall read as follows:
"Shall Ordinance No. __ of the City Council of the City of Oakley be approved so as to authorize a special tax on property located in Zone 184 of the Oakley Special Police Tax Area to maintain the present level of police protection service and provide additional funding for increased police protection service? The initial annual special tax rate for County use code 46 (Drive-in Restaurants) is $1,846.10 per parcel and $615.37 per vacant parcel per the current FY 2022-23 rate schedule"
4. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held on a date other than the same date as a statewide direct primary election on statewide general election as specified above.
5. Zone 184 of the Oakley Special Police Tax Area shall not be created, and the tax authorized in Ordinance No. __ shall not be imposed if the Ordinance is not approved by two-thirds of the voters participating in the election called in Ordinance No. __.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
84 Main St
APN
037-040-021
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 184
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
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Zone 184 Boundary
Parcel Lines
85 Ordinance No. XX-22 Page 1 of 4
ORDINANCE NO. XX-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 184 WITHIN THE
OAKLEY SPECIAL POLICE TAX AREA FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE WENDY’S PROJECT LOCATED
APPROXIMATELY 295 FEET EAST OF THE INTERSECTION OF BRIDGEHEAD ROAD AND MAIN STREET (EXISTING APN 037-040-021)
The Voters of the City of Oakley do ordain as follows:
Section 1. Purpose, Intent and Authority.
It is the purpose and intent of this Ordinance to authorize the levy of a special tax on Assessor Parcel Number 037-040-021 of real property on the secured property tax roll of Contra Costa County that is within Oakley Special Police Tax Area Zone 184 of the Oakley Special Police Tax Area in order to provide funding for police protection to serve the property and persons within said Zone.
This Tax is a special tax within the meaning of Section 4 of the Article XIIlA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law.
The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 184.
This Ordinance is enacted pursuant to the authority of Government Code Section 53978.
Section 2. Definitions.
The following definitions shall apply throughout this Ordinance.
A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services 86 Ordinance No. XX-22 Page 2 of 4
for the City of Oakley's cost of obtaining police services. The base amount shall be the amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.
B. "Fiscal year" means the period of July 1 through the following June 30.
C. "Oakley Special Police Tax Area" includes all properties within the jurisdictional limits of the City of Oakley.
D. Oakley Special Police Tax Area Zone 184 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.
E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 184, nor any land or improvements owned by any governmental entity.
F. Pursuant to Government Code §53978, "voter" means a person owning real property within the Zone at the time this Ordinance was adopted, as shown on the last equalized assessment role prepared by the Contra Costa County Assessor's Office.
Section 3. Amount and Level of Taxes.
The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
87 Ordinance No. XX-22 Page 3 of 4
B. For Subsequent Fiscal Year:
The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2023, by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to afford itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
In no event shall the tax per parcel for any fiscal year be less than the amount established for the previous fiscal year.
C. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.
Section 4. Collection and Administration.
A. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.
B. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which the County of Contra Costa collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exceptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
i) The secured roll tax bills shall be the only notices required for this tax, and ii) The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
C. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
88 Ordinance No. XX-22 Page 4 of 4
Section 5. Severability Clause.
If any article, section, subsection, sentence, phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.
Section 6. Effective Date and Posting.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on August 12, 2022, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.
PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ______
Libby Vreonis, City Clerk Date
89 Main St
APN
037-040-021
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 184
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
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Legend
Zone 184 Boundary
Parcel Lines
90 PROPERTY USE
CODE CATEGORY DESCRIPTION
FY21/22 TAX
PER PARCEL
FY22/23 TAX
PER PARCEL
11 Single Family Residence – 1res., 1 site $1,172.12 $1,230.73 12 Single Family Residence – 1 res., 2 or more sites $1,172.12 $1,230.73 13 Single Family Residence – 2 res., on 1 or more sites $1,875.39 $1,969.17 14 Single Family Residence – other than single fam. Land $1,172.12 $1,230.73 15 Misc. Improvements – 1 site $1,172.12 $1,230.73
16 Misc. Improvements – 2 or more sites $1,172.12 $1,230.73 17 Vacant – 1 site $586.06 $615.37
18 Vacant – 2 or more sites $586.06 $615.37
19 Single Family Residence – Det. W/common area $1,172.12 $1,230.73 20 Vacant – Multiple $586.06 $615.37
21 Duplex $1,875.39 $1,969.17
22 Triplex $2,813.09 $2,953.75
23 Fourplex $3,750.78 $3,938.34
24 Combinations $1,172.12 $1,230.73
25 Apartments (5 –12 Units) $4,688.48 $4,922.92
26 Apartments (13 – 24 Units) $12,190.05 $12,799.59
27 Apartments (25 – 59 Units) $23,442.40 $24,614.60
28 Apartments (60+ units) $56,261.76 $59,075.04
29 Attached PUDs: Cluster Homes, Condos, etc. $1,172.12 $1,230.73 30 Vacant – Commercial $586.06 $615.37
31 Commercial Stores – Not Supermarkets $2,344.24 $2,461.46 32 Small Grocery Stores – (7-11, etc.) $3,516.36 $3,692.19 33 Office Buildings $2,344.24 $2,461.46
34 Medical, Dental $2,344.24 $2,461.46
35 Service Stations, Car Wash $2,344.24 $2,461.46
36 Garages $2,344.24 $2,461.46
37 Community Facilities (Recreational, etc.) $4,688.48 $4,922.92 38 Golf Courses $2,344.24 $2,461.46
39 Bowling Alleys $1,172.12 $1,230.73
40 Boat Harbors $2,930.30 $3,076.83
41 Supermarkets – (not shopping centers) $3,516.36 $3,692.19 42 Shopping Centers $4,688.48 $4,922.92
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,172.12 $1,230.73 44 Motels, Hotels & Mobile Home Parks $5,860.60 $6,153.65 45 Theaters $2,637.27 $2,769.14
46 Drive-in Restaurants $1,758.18 $1,846.10
47 Restaurants $1,758.18 $1,846.10
48 Multiple & Commercial $1,758.18 $1,846.10
49 New Car Agencies $1,758.18 $1,846.10
50 Vacant Land (not part of Ind. Park or P. & D.) $439.55 $461.52 51 Industrial Park $3,516.36 $3,692.19
52 Research & Development $1,758.18 $1,846.10
53 Light Industrial $1,758.18 $1,846.10
54 Heavy Industrial $1,758.18 $1,846.10
55 Mini Warehouses (public storage) $3,516.36 $3,692.19 56 Misc. Improvements $3,516.36 $3,692.19
61 Rural, Res., Improvement 1A-10A $879.09 $923.05
62 Rural, w/or w/o structure 1A-10A $879.09 $923.05
70 Convalescent Hospitals / Rest Homes $1,758.18 $1,846.10 73 Hospitals $1,758.18 $1,846.10
74 Cemeteries / Mortuaries $1,758.18 $1,846.10
75 Fraternal & Service Organizations $1,758.18 $1,846.10 76 Retirement Housing Complex $5,860.60 $6,153.65
78 Parks & Playgrounds $3,516.36 $3,692.19
85 Public & Private Parking $1,758.18 $1,846.10
87 Common Area $1,758.18 $1,846.10
88 Mobile Homes $879.09 $923.05
89 Other (split parcels in different tax code areas) $879.09 $923.05 99 Homeowner's Association Owned Common Areas $703.27 $738.44
CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2021-22 in the San Francisco-Oakland-Bay Area Consumer Price 5.00% Index for all Urban Consumers.
CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2022/2023
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
6/1/2022
91 STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Creating Zone 185 within the Oakley Special Police Tax Area consisting of the Elm Lane Apartments project located between Elm Lane and Highway 160 (APNs 051-210-019 and 051-220-005)
Background and Analysis
On June 10, 2021, the City Council approved a development plan with certain Conditions of Approval for the proposed project of a 170-unit affordable/workforce housing project. The proposed project consists of seven multi-family housing apartment buildings with associated parking, lighting, and landscaping as shown on the project plans dated April 22, 2021. The Elm Lane Apartments project, located between Elm Lane and Highway 160, is currently comprised of APNs 051-210-019 and 051-220-005.
The Conditions of Approval for the Elm Lane Apartments project require the property owner to mitigate the financial impact that their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Elm Lane Apartments project has requested that the City assist with annexing the project (APNs 051-210-019 and 051-220-005) into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.
Beginning May 2016, the City established its own police department and no longer contracts with the Sheriff’s office to provide public safety. In order to ensure that revenue grows at a rate sufficient to cover the cost of providing police services, City Council approved Resolution No. 113-16 on July 12, 2016 that allows for an adjustment in the annual tax per parcel by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area to become effective July 1, 2016. Adoption of the attached resolution and introduction of the attached ordinance will set an election date for August 12, 2022, which shall be conducted by the City Clerk via a mail ballot election. The vote will then be ratified at 92 the September 13, 2022 regular City Council meeting, and the ordinance will take effect at that time assuming a favorable vote.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 185 to the Oakley Special Police Tax Area. The FY 2022-23 special tax rate for Apartment (60+units) parcels is $59,075.04/parcel. (FY 2022-23 rates). The project is anticipated to consist of one parcel at build-out. Therefore, successful creation of the Zone is expected to provide up to $59,075.04 (in FY 2022-23 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2023-24.
Staff Recommendation
The Conditions of Approval for the Elm Lane Apartments project located between Elm Lane and Highway 160 (APNs 051-210-019 and 051-220-005) require the property owner to mitigate their financial impact on the police services budget. Adoption of this resolution and ordinance will set an election to be held on August 12, 2022. The election will then be ratified at the September 13, 2022 regular City Council meeting.
Staff recommends that the City Council:
1. Adopt the Resolution Creating Zone 185 within the Oakley Special Police Tax Area consisting of the Elm Lane Apartments project located between Elm Lane and Highway 160 (APNs 051-210-019 and 051-220- 005); and
2. Introduce the Ordinance Establishing a Special Tax for Police Protection.
Attachments
1) Resolution Creating Oakley Special Police Tax Zone 185 1) Exhibit A - Diagram
2) Ordinance Establishing a Special Tax
1) Exhibit A – Diagram
2) Exhibit B – Schedule for Police Service Tax
93 Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY CREATING OAKLEY SPECIAL POLICE TAX AREA ZONE 185 WITHIN THE OAKLEY
SPECIAL POLICE TAX AREA FOR THE ELM LANE APARTMENTS PROJECT LOCATED BETWEEN ELM LANE AND HIGHWAY 160
(APNs 051-210-019 AND 051-220-005)
WHEREAS, it is the intention of the City Council to create Oakley Special Police Tax Area Zone 185 (Zone 185) within the Oakley Special Police Tax Area and authorize an election; and
WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for police services within Zone 185; and
WHEREAS, the City recognizes the need for increased police protection services within Zone 185 and the difficulty of funding the current or increased level of police services with revenues now available; and
WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct the election required by Government Code Section 53978, to be conducted by mail ballot pursuant to Elections Code Section 4108 and to be held on the earliest date permitted by law; and
WHEREAS, on June 10, 2021, the City Council approved a development plan with certain Conditions of Approval for the proposed project of a 170-unit affordable/workforce housing project. The proposed project consists of seven multi-family housing apartment buildings with associated parking, lighting, and landscaping as shown on the project plans dated April 22, 2021. The Elm Lane Apartments project, located between Elm Lane and Highway 160, is currently comprised of APNs 051-210-019 and 051-220-005. The Conditions of Approval for the Elm Lane Apartments project require the developer to mitigate the financial impact that their project has on the City’s police services budget.
The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Elm Lane Apartments project has requested that the City assist with annexing APNs 051-210-019 and 051-220- 005 into the Oakley Special Police Tax Area to satisfy their Conditions of Approval. The initial annual special tax rate for Apartment (60+ units) parcels is $59,075.04/parcel (FY 2022-23 rates) per the rate schedule that was adopted by the City Council on July 12, 2016, by Resolution No. 113-16; and
WHEREAS, this Resolution is adopted pursuant to Government Code section 53978; and WHEREAS, under Government Code section 53978 and for the purposes of this Resolution, a "voter" entitled to vote on the creation of Zone 185 is a person who owns real property within Zone 185 at the time Ordinance No. __ is adopted, as shown on the last equalized assessment roll prepared by the Contra Costa County Assessor's Office. 94 Resolution No. XX-22 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby finds and determines as follows:
1. All of the City of Oakley shall be considered as the Oakley Special Police Tax Area.
2. That portion of the City of Oakley shown on the plats titled Exhibit "A" is established as Zone 185 of the Oakley Special Police Tax Area.
3. That Ordinance No. __ introduced this date is to be presented for approval of the voters of Zone 185 by a mail ballot election, to be held on August 12, 2022.
The ballot proposition shall read as follows:
"Shall Ordinance No. __ of the City Council of the City of Oakley be approved so as to authorize a special tax on property located in Zone 185 of the Oakley Special Police Tax Area to maintain the present level of police protection service and provide additional funding for increased police protection service? The initial annual special tax rate for County use code 28 (Apartments (60+ units)) is $59,075.04 per parcel and $615.37 per vacant parcel per the current FY 2022-23 rate schedule"
4. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held on a date other than the same date as a statewide direct primary election on statewide general election as specified above.
5. Zone 185 of the Oakley Special Police Tax Area shall not be created, and the tax authorized in Ordinance No. __ shall not be imposed if the Ordinance is not approved by two-thirds of the voters participating in the election called in Ordinance No. __.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022, by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
95 MAIN ST
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 185
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
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Legend
Zone 185 Boundary
Parcel Lines
ELM LANE APARTMENTS
96 Ordinance No. XX-22 Page 1 of 4
ORDINANCE NO. XX-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 185 WITHIN THE
OAKLEY SPECIAL POLICE TAX AREA FOR A SPECIAL TAX FOR POLICE
PROTECTION SERVICES FOR THE ELM LANE APARTMENTS PROJECT LOCATED BETWEEN ELM LANE AND HIGHWAY 160
(APNs 051-210-019 AND 051-220-005)
The Voters of the City of Oakley do ordain as follows:
Section 1. Purpose, Intent and Authority.
It is the purpose and intent of this Ordinance to authorize the levy of a special tax on Assessor Parcel Numbers 051-210-019 and 051-220-005 of real property on the secured property tax roll of Contra Costa County that is within Oakley Special Police Tax Area Zone 185 of the Oakley Special Police Tax Area in order to provide funding for police protection to serve the property and persons within said Zone.
This Tax is a special tax within the meaning of Section 4 of the Article XIIlA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law.
The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 185.
This Ordinance is enacted pursuant to the authority of Government Code Section 53978.
Section 2. Definitions.
The following definitions shall apply throughout this Ordinance.
A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services for the City of Oakley's cost of obtaining police services. The base amount shall be the 97 Ordinance No. XX-22 Page 2 of 4
amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.
B. "Fiscal year" means the period of July 1 through the following June 30.
C. "Oakley Special Police Tax Area" includes all properties within the jurisdictional limits of the City of Oakley.
D. Oakley Special Police Tax Area Zone 185 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.
E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 185, nor any land or improvements owned by any governmental entity.
F. Pursuant to Government Code §53978, "voter" means a person owning real property within the Zone at the time this Ordinance was adopted, as shown on the last equalized assessment role prepared by the Contra Costa County Assessor's Office.
Section 3. Amount and Level of Taxes.
The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
B. For Subsequent Fiscal Year:
The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2023, by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI 98 Ordinance No. XX-22 Page 3 of 4
adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
In no event shall the tax per parcel for any fiscal year be less than the amount established for the previous fiscal year.
C. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.
Section 4. Collection and Administration.
A. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.
B. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which the County of Contra Costa collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exceptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
i) The secured roll tax bills shall be the only notices required for this tax, and ii) The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
C. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
Section 5. Severability Clause.
If any article, section, subsection, sentence, phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.
99 Ordinance No. XX-22 Page 4 of 4
Section 6. Effective Date and Posting.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on August 12, 2022 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.
PASSED, APPROVED AND ADOPTED this 13th day of September, 2022, by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
100
MAIN ST
N
E
R
O
LY
R
D
ELM LANE
APN
051-210-019
APN
051-220-005
HWY
1 60
EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 185
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
±
0 500
Feet
Legend
Zone 185 Boundary
Parcel Lines
ELM LANE APARTMENTS
101
PROPERTY USE
CODE CATEGORY DESCRIPTION
FY21/22 TAX
PER PARCEL
FY22/23 TAX
PER PARCEL
11 Single Family Residence – 1res., 1 site $1,172.12 $1,230.73 12 Single Family Residence – 1 res., 2 or more sites $1,172.12 $1,230.73 13 Single Family Residence – 2 res., on 1 or more sites $1,875.39 $1,969.17 14 Single Family Residence – other than single fam. Land $1,172.12 $1,230.73 15 Misc. Improvements – 1 site $1,172.12 $1,230.73
16 Misc. Improvements – 2 or more sites $1,172.12 $1,230.73 17 Vacant – 1 site $586.06 $615.37
18 Vacant – 2 or more sites $586.06 $615.37
19 Single Family Residence – Det. W/common area $1,172.12 $1,230.73 20 Vacant – Multiple $586.06 $615.37
21 Duplex $1,875.39 $1,969.17
22 Triplex $2,813.09 $2,953.75
23 Fourplex $3,750.78 $3,938.34
24 Combinations $1,172.12 $1,230.73
25 Apartments (5 –12 Units) $4,688.48 $4,922.92
26 Apartments (13 – 24 Units) $12,190.05 $12,799.59
27 Apartments (25 – 59 Units) $23,442.40 $24,614.60
28 Apartments (60+ units) $56,261.76 $59,075.04
29 Attached PUDs: Cluster Homes, Condos, etc. $1,172.12 $1,230.73 30 Vacant – Commercial $586.06 $615.37
31 Commercial Stores – Not Supermarkets $2,344.24 $2,461.46 32 Small Grocery Stores – (7-11, etc.) $3,516.36 $3,692.19 33 Office Buildings $2,344.24 $2,461.46
34 Medical, Dental $2,344.24 $2,461.46
35 Service Stations, Car Wash $2,344.24 $2,461.46
36 Garages $2,344.24 $2,461.46
37 Community Facilities (Recreational, etc.) $4,688.48 $4,922.92 38 Golf Courses $2,344.24 $2,461.46
39 Bowling Alleys $1,172.12 $1,230.73
40 Boat Harbors $2,930.30 $3,076.83
41 Supermarkets – (not shopping centers) $3,516.36 $3,692.19 42 Shopping Centers $4,688.48 $4,922.92
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,172.12 $1,230.73 44 Motels, Hotels & Mobile Home Parks $5,860.60 $6,153.65 45 Theaters $2,637.27 $2,769.14
46 Drive-in Restaurants $1,758.18 $1,846.10
47 Restaurants $1,758.18 $1,846.10
48 Multiple & Commercial $1,758.18 $1,846.10
49 New Car Agencies $1,758.18 $1,846.10
50 Vacant Land (not part of Ind. Park or P. & D.) $439.55 $461.52 51 Industrial Park $3,516.36 $3,692.19
52 Research & Development $1,758.18 $1,846.10
53 Light Industrial $1,758.18 $1,846.10
54 Heavy Industrial $1,758.18 $1,846.10
55 Mini Warehouses (public storage) $3,516.36 $3,692.19 56 Misc. Improvements $3,516.36 $3,692.19
61 Rural, Res., Improvement 1A-10A $879.09 $923.05
62 Rural, w/or w/o structure 1A-10A $879.09 $923.05
70 Convalescent Hospitals / Rest Homes $1,758.18 $1,846.10 73 Hospitals $1,758.18 $1,846.10
74 Cemeteries / Mortuaries $1,758.18 $1,846.10
75 Fraternal & Service Organizations $1,758.18 $1,846.10 76 Retirement Housing Complex $5,860.60 $6,153.65
78 Parks & Playgrounds $3,516.36 $3,692.19
85 Public & Private Parking $1,758.18 $1,846.10
87 Common Area $1,758.18 $1,846.10
88 Mobile Homes $879.09 $923.05
89 Other (split parcels in different tax code areas) $879.09 $923.05 99 Homeowner's Association Owned Common Areas $703.27 $738.44
CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2021-22 in the San Francisco-Oakland-Bay Area Consumer Price 5.00% Index for all Urban Consumers.
CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2022/2023
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
6/1/2022
102
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Resolution Adopting a List of Projects for Fiscal Year 2022/23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 Background and Analysis
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 increases several tax adjustments for inflation every year so that the purchasing power of the revenues does not diminish as it has historically.
Beginning in November 2017, portions of SB 1 revenues were deposited into the Road Maintenance and Rehabilitation Account (RMRA) and subsequently made available to eligible cities and counties, which must comply with RMRA funding requirements as determined by the California Transportation Commission (CTC).
SB 1 prioritizes this funding towards critical maintenance, rehabilitation, and safety improvements on state highways, local streets and roads, and bridges and to improve the state’s trade corridors, transit, and active transportation facilities. As codified in the Streets and Highways Code (SHC), RMRA local streets and roads allocations must be used for projects that include, but are not limited to, the following:
Road maintenance and rehabilitation
Road Safety projects
Railroad grade separations
Traffic control devices
Complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project.
STAFF REPORT
Approved and Forwarded to the City Council
103
As part of SB 1’s various accountability and transparency measures, the City will annually submit a proposed project list to the CTC and subsequently provide year end updates on the progress of previously proposed projects.
It is estimated that the City will receive approximately $949,872 in FY 2022/23 from RMRA funding. To be eligible to receive this funding, the City must submit a proposed project list to the CTC along with a formalized resolution in July 2022 documenting the City Council’s approval of the City’s Capital Improvement Program Budget reflecting the projects with specific RMRA funding allocations.
In order to meet SB 1’s eligibility and reporting requirements, the $949,872 of RMRA funding must be specifically differentiated from the Highway Users Tax Account (HUTA) funding. Each project utilizing RMRA funds is required to include the following information: project description, specific location, proposed schedule for its completion, and the estimated useful life. Since the CTC strongly discouraged proposed RMRA funded projects to be listed as “citywide”. The following Capital Improvement Projects: CIP 205 – Downtown Gateway Plaza Roadway and Parking Lot Project, CIP 215 – Downtown Parking Lot Project, CIP 246 – FY 2021/22 Street Repair and Resurfacing Project, CIP 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road), CIP 274 – Neroly Road Repair and Resurfacing Project (Empire Avenue to O’Hara Avenue) are designated as the City of Oakley’s project for utilization of this RMRA funding.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The newly established RMRA Gas Tax funding is allocated to the Capital Improvement Projects within the Road Maintenance and Rehabilitation Account (RMRA). CIP 205 – Downtown Gateway Plaza Roadway and Parking Lot Project, CIP 215 – Downtown Parking Lot Project, CIP 246 – FY 2021/22 Street Repair and Resurfacing Project, CIP 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road), CIP 274 – Neroly Road Repair and Resurfacing Project (Empire Avenue to O’Hara Avenue) are identified in the FY 2022/23 Capital Improvement Program Budget to receive the RMRA funding.
Staff Recommendation
Staff recommends that the City Council adopt the resolution establishing a list of projects to support CIP 205 – Downtown Gateway Plaza Roadway and Parking Lot Project, CIP 215 – Downtown Parking Lot Project, CIP 246 – FY 2021/22 Street Repair and Resurfacing Project, CIP 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road), CIP 274 – Neroly Road Repair and Resurfacing Project (Empire Avenue to O’Hara Avenue) to be funded with the Road Maintenance and Rehabilitation Account (RMRA) revenues.
Attachments
1) Resolution
104
Resolution No. XX-22 Page 1 of 4
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022/23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Oakley must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Oakley, will receive an estimated $949,872 in RMRA funding in Fiscal Year 2022/23 from SB 1; and
WHEREAS, this is the sixth year in which the City of Oakley is receiving SB 1 funding and will enable the City of Oakley to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Oakley has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Oakley used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities’ priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of Oakley maintain and rehabilitate several neighborhood streets throughout the City this year which have not received any maintenance or rehabilitative treatments in over a decade; and 105
Resolution No. XX-22 Page 2 of 4
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Oakley’s streets and roads are in very good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an “excellent/very good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits citywide.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves; and
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022/23 Road Maintenance and Rehabilitation Account revenues:
Project Title: CIP 205 – Downtown Gateway Plaza Roadway and Parking Lot Project
Project Description: New Road with complete streets components, bus/transit, Curb and Gutter, Sidewalk, Landscaping, Safety Lighting, Crack Seal, Slurry Seal, Striping and Parking Lot, and Gateway Plaza. The Gateway Plaza and parking lot are just a portion of the project and the RMRA will not be funding these portions of the work.
Project Location: Between Norcross Lane and 2nd Street.
Estimated Project Schedule: Construction Start (December 2022) – Construction Completion (October 2023)
Estimated Project Useful Life: 20 Years
3. Project Title: CIP 215 – Downtown Parking Lot Project Project Description: New Road with complete streets components, Crack Seal, Slurry Seal, Curb and Gutter, Sidewalk, Landscaping, Safety Lighting, Striping and 106
Resolution No. XX-22 Page 3 of 4
Parking Lot. The parking lot is just a portion of the project and the RMRA will not be funding this portion of the work.
Project Location: Between Main Street and BNSF Railroad and a New Roadway from Norcross Lane west 250 feet to end of the road.
Estimated Project Schedule: Construction Start (September 2021) – Construction Completion (October 2022)
Estimated Project Useful Life: 20 Years
4. Project Title: CIP 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road)
Project Description: Roadway Widening, Curb and Gutter, Sidewalk, Landscaping, Safety Lighting, Striping
Project Location: Roadway Widening, between Knightsen Avenue and Jersey Island Road.
Estimated Project Schedule: Construction Start (December 2022) – Construction Completion (October 2023)
Estimated Project Useful Life: 20 Years
5. Project Title: CIP 274 – Neroly Road Repair and Resurfacing Project (Empire Avenue to O’Hara Avenue)
Project Description: Base Repair and Asphalt Overlay
Project Location: The Repair and Resurfacing of areas between Empire Avenue and O’Hara Avenue.
Estimated Project Schedule: Construction Start (September 2022) – Construction Completion (December 2022)
Estimated Project Useful Life: 15 Years
6. The following previously proposed and adopted projects may also utilize Fiscal Year 2022/23 Road Maintenance and Rehabilitation Account revenues in their 107
Resolution No. XX-22 Page 4 of 4
delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Oakley is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Title: CIP 246 – Fiscal Year 2020/21 Street Repair and Resurfacing Project
Project Description: Crack Seal, Slurry Seal, Base Repair and Asphalt Overlay Project Location: The Repair and Resurfacing Project consists of the following Streets: Live Oak Avenue between Oakley Road and Neroly Road, Miguel Drive and Teixeira Way, and Brownstone Road from 1500’ east of O’Hara Avenue to Main Street.
Estimated Project Schedule: Construction Start (July 2022) – Construction Completion (October 2022)
Estimated Project Useful Life: 15 Years
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________
ATTEST: Randy Pope, Mayor
_____
Libby Vreonis, City Clerk Date
108
STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Agreement with TJKM, Inc. to develop a Local Roadway Safety Plan associated with Capital Improvement Program (CIP) Project Number 289 – Local Roadway Safety Plan Project
Background and Analysis
Federal regulations require that each State have a Strategic Highway Safety Plan (SHSP). A SHSP is a statewide data-driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis areas.
The SHSP addresses the 4 E’s of traffic safety: Engineering, Enforcement, Education, and Emergency Medical Services.
A Local Roadway Safety Plan (LRSP) provides a structure for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements in a similar manner on local and rural roads. Preparing an LRSP provides an opportunity to address unique roadway safety needs in the City of Oakley while contributing to the success of the State’s Strategic Highway Safety Plan. The process would further help the City Council to prioritize future safety improvements on the local streets.
In addition, an LRSP will be a requirement for an agency to be eligible to apply for federal funds such as the HSIP Cycle 11 or One Bay Area Grant (OBAG) Cycle 3.
The completion of an LRSP will ensure that the City continues to meet the eligibility requirements to apply and receive HSIP funds in the future.
The Caltrans Highway Safety Improvement Plan’s (HSIP) purpose is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads. The LRSP will develop a framework to systematically identify and analyze roadway safety concerns and recommend potential safety improvements in the City. The LRSP will identify opportunities to improve and enhance roadway safety within the City focusing on engineering, enforcement, education, and emergency services. The LRSP will identify emphasis areas including pedestrian and bicycle safety and remedies through public outreach and various stakeholder collaboration. The LRSP scope of work 109
includes a public involvement component and will be developed through collaboration with residents, businesses, schools, community groups as well as a wide range of stakeholders. The development of the LRSP includes review of historical traffic collision data citywide, review of key vehicle and active transportation corridors, identify and analyze roadway safety concerns for all modes of travel, and recommend potential safety improvements and policies.
Staff has selected TJKM, Inc. as best suited for the project and negotiated the final scope of work at a cost of $69,973.19. Contracts involving such specialized professional services are exempt from the competitive bidding process. However, this company has provided the City with Traffic Engineering services over the past several years at very competitive pricing. TJKM, Inc. is a leading traffic engineering firm in the bay area with in-depth expertise in developing LRSP’s for a wide range of municipalities across California.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The funding for this project is allocated from the Measure J Fund.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with TJKM, Inc. for the development of the City’s Local Roadway and Safety Plan associated with CIP No. 289 – Local Roadway Safety Plan Project and to authorize the City Manager to enter into an agreement not to exceed an amount of $69,973.19.
Attachments
1. TJKM Inc. Proposal
2. Resolution
110
CALIFORNIA | FLORIDA | TEXAS
Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 P. 925.463.0611 | F. 925.463.3690 | www.TJKM.com
June 20, 2022
Jason Kabalin
Capital Projects Engineer
City of Oakley
[email protected]
Subject: Proposal for Conducting the City of Oakley’s Local Roadway Safety Plan Dear Mr. Kabalin,
TJKM Transportation Consultants (TJKM) is pleased to submit our proposal for developing a Local Roadway Safety Plan (LRSP) for the City of Oakley. We understand that the City has recently allocated some funding for this project and is looking to start in early FY 2022-23. Our work on six other LRSPs in Contra Costa County (including two East County cities: Antioch and Pittsburg), means we are ready to hit the ground running on this project. Presented below is TJKM’s experience in preparing LRSP’s, our proposed staffing for this project, team’s project experience, and proposed scope of work/fee to successfully complete the project.
EXPERTISE
TJKM has extensive experience in developing safety programs and viable safety projects for small, medium, and large cities and counties across California. The TJKM Team has successfully delivered Systemic Safety Analysis Reports (SSAR’s) for the Cities of Crescent City, Pittsburg, Yuba City, Concord, Isleton, Dinuba, and Counties of Del Norte, San Luis Obispo, and Yuba. We have also completed LRSP’s for the Cities of Folsom, Dinuba, and Farmersville.
Our team is currently conducting LRSP’s for the Cities of Pinole, Antioch, Pittsburg, Orinda, Moraga, Danville, San Bruno, Napa, Culver City, Glendale, Yorba Linda, San Bruno, Chowchilla, Williams, Cupertino, Pico Rivera, and the Counties of Solano, Merced, Yuba, and Tulare. TJKM is also conducting multi-jurisdictional LRSPs in the Counties of Kern, Mendocino, and Santa Clara (VTA). Recently, the County of Santa Clara also awarded their LRSP’s to TJKM. The map on the following page shows our relevant safety project experience across California.
111
Mr. Kabalin
June 1, 2022
112
Mr. Kabalin
June 1, 2022
PERSONNEL QUALIFICATIONS
TJKM has assembled a very skilled and talented group of engineers and planners to assist City of Oakley to develop their LRSP. Each of our team members has worked on multiple LRSPs together and we are confident in our teams’ ability to provide high quality deliverables in a timely manner to the City. The proposed team is fully integrated under the direction of Ms. Ruta Jariwala, PE, TE Principal in Charge and Mr. Cory Peterson, PTP, Project Manager. Ms. Jariwala and Mr. Peterson have experience in working on many other LRSPs together. Mr. Peterson will be responsible for overall coordination on this contract, maintaining the effectiveness and efficiency of the work, schedule, and ensuring the work products are to the satisfaction of the City and stakeholders. We anticipate working closely with the City staff to ensure understanding of project objectives from start to project completion. Mr. Peterson will also be responsible for day-to-day coordination and activities.
TJKM will be able to provide additional support staff as needed if necessary to complete the project.
The table below shows the proposed staff members that have been assigned to this project and a summary of their role, qualifications and experience.
Name, Role,
& Years of Experience
Registration
Number Specialized Expertise Qualifications & Experience Ruta Jariwala, PE, TE
Principal-in-Charge
21 Years of Experience
CA C73840
CA TR2465
Traffic Planning
Safety Studies
Project Management
Signal Coordination
Traffic Impact Studies
Traffic Operations
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Roadway Safety Plan, Folsom
Local Roadway Safety Plan, Culver City
Local Roadway Safety Plan, Antioch
Local Roadway Safety Plan, Farmersville
Local Roadway Safety Plan, Chowchilla
Local Road Safety Plan, Kern COG
Local Road Safety Plan, Mendocino COG
Systemic Safety Analysis Report, Yuba City
Systemic Safety Analysis Report Program, Yuba County
Regional Systemic Safety Analysis Report, Del Norte
Rural Road System Safety Analysis Report, San Luis
Obispo
Systemic Safety Analysis Report Program, Pittsburg
Systemic Safety Analysis Report, Dinuba
Citywide Safety Audit & Sign Upgrade HSIPL, Manteca
Cory Peterson, PTP
Project Manager
5 Years of Experience
CA PTP 803 Safety Studies
Transportation
Planning
Complete Streets
Bicycle & Pedestrian
Planning
Grant Writing &
Administration
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Roadway Safety Plan, Danville
Local Roadway Safety Plan, Orinda
Local Roadway Safety Plan, Moraga
Local Roadway Safety Plan, Napa
Local Roadway Safety Plan, Solano County
Local Roadway Safety Plan, Isleton
Local Roadway Safety Plan, Dinuba
Local Roadway Safety Plan, Farmersville
Local Roadway Safety Plan, Williams
Local Roadway Safety Plan, Pico Rivera
113
Mr. Kabalin
June 1, 2022
Name, Role,
& Years of Experience
Registration
Number Specialized Expertise Qualifications & Experience Local Roadway Safety Plan, Cupertino
Local Roadway Safety Plan, Yuba County
Systemic Safety Analysis Report & HSIP Cycle 10 Grant Writing, Yuba City
Dinuba Complete Streets Program, Dinuba
Active Transportation Program Cycle 5 Grant Writing,
Dinuba
Sayed Fakhry, PE, TE
QA/QC Manager
33 Years of Experience
CA TR2237
CA C48249
Roadway Safety &
Complete Street
Pedestrian & Bicycle
Safety Improvements
Neighborhood Traffic
Management Plan
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Roadway Safety Plan, Folsom
Local Roadway Safety Plan, Culver City
Local Roadway Safety Plan, Antioch
Local Roadway Safety Plan, Chowchilla
Local Road Safety Plan, Kern COG
Local Road Safety Plan, Mendocino COG
Rutvij Patel, EIT
Project Engineer
13 Years of Experience
CA EIT
154117
Safe Routes to School
Bicycle & Pedestrian
Implementation
Complete Streets
Traffic Operations
Traffic Handling
Signage Plans
Traffic Signal Design
Intelligent
Transportation Design
ITS Planning
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Roadway Safety Plan, Folsom
Local Road Safety Plan, Culver City
Local Road Safety Plan, Antioch
Local Roadway Safety Plan, Farmersville
Local Road Safety Plan, Glendale
Local Road Safety Plan, Kern COG
Local Road Safety Plan, Mendocino COG
Systemic Safety Analysis Report Program, Yuba County
Systemic Safety Analysis Report Program, Del Norte
Rural Road System Safety Analysis Report, San Luis
Obispo
Systemic Safety Analysis Report Program, Pittsburg
Systemic Safety Analysis Report Program, Dinuba
Citywide Safety Audit & Sign Upgrade - HSIPL Project, Manteca
Anna Highsmith, EIT
Assistant
Transportation
Engineer
4 Years of Experience
CA EIT
164696
Traffic Signal Design
Traffic Handling
Pavement Delineation
Signage Plans
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Roadway Safety Plan, Mendocino COG
Local Roadway Safety Plan, Folsom
HSIP Citywide Traffic Signal Hardware Upgrade,
Concord
HSIP Traffic Signal Improvement Project, Pittsburg
HSIP Traffic Signal Update, Manteca
Calaveras Blvd Near-Term Improvements, Santa Clara
County
Mark Doty
Senior Planner
16 Years of Experience
N/A Transportation
Planning
Active Transportation
Plans
Complete Streets
Safety Studies
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Road Safety Plan, Pittsburg
Local Road Safety Plan, San Bruno
Local Road Safety Plan, Williams
Local Roadway Safety Plan, Moraga
114
Mr. Kabalin
June 1, 2022
Name, Role,
& Years of Experience
Registration
Number Specialized Expertise Qualifications & Experience Local Roadway Safety Plan, Pico Rivera
Local Roadway Safety Plan, Kern COG
Local Roadway Safety Plan, Albany
Local Road Safety Plan, Solano County
Pranav Happa, PE
Project Engineer
4 Years of Experience
TX CE
119973
Safety Studies/Crash
Analysis
Transportation
Planning
Traffic Capacity
Analysis
Traffic Safety Design
Corridor Operations
Studies
Countywide Local Roads Safety Plan, Santa Clara
County (VTA)
Local Roadway Safety Plan, Pico Rivera
Local Roadway Safety Plan, Moraga
Local Roadway Safety Plan, Yuba County
Local Roadway Safety Plan, Danville
Utsav Domadia, EIT
Assistant
Transportation
Engineer
2 Years of Experience
TX EIT 70316 Safety Studies
Traffic Impact Studies
Parking Studies
Traffic Operations
Geographic
Information Systems
Local Roadway Safety Plan, Napa
Local Roadway Safety Plan, Danville
Local Roadway Safety Plan, Tulare County
Local Roadway Safety Plan, Pittsburg
Local Roadway Safety Plan, Solano County
Local Roadway Safety Plan, Isleton
Local Roadway Safety Plan, Dinuba
Local Roadway Safety Plan, Pinole
Local Roadway Safety Plan, Antioch
Local Roadway Safety Plan, Chowchilla
115
Mr. Kabalin
June 1, 2022
SCOPE OF WORK
TJKM understands that the City of Oakley is seeking comprehensive services to develop a LRSP. We understand that, based on Caltrans Highway Safety Improvement Program (HSIP) guidelines, a LRSP will be required for applying in the Cycle 11 call-for-projects and in future cycles. The overarching goal of a LRSP is to reduce fatal and severe injury traffic collisions. The LRSP will include at a minimum:
literature review, safety (collision) analysis, countermeasure toolbox, viable safety projects, and an implementation plan. The LRSP is implemented through a holistic approach incorporating the 4 E’s of traffic safety (Education, Enforcement, Engineering, and Emergency Medical Services) that will enhance safety for all modes of transportation. The project will also consider equity and the impact of collisions on disadvantaged communities. A successful LRSP will also identify viable safety projects with reasonable cost estimates and phasing. It will contain a monitoring mechanism to evaluate effectiveness of the plan itself.
The scope TJKM proposes builds on the scope outlined in the Request for Proposal (RFP) and has been expanded based on our extensive experience developing numerous LRSP’s across California.
Task 1. Project Management
SUBTASK 1.1 KICK-OFF MEETING
Within a week of notice-to-proceed, TJKM will facilitate a virtual project Kick-off meeting with the City’s Project Manager (PM) and others suggested departmental staff. The purpose of the meeting will be to:
• Discuss and define specific goals of the LRSP with respect to crash reduction • Discuss and finalize the tasks to perform, timeline, and project milestones • Discuss critical data needs and data analysis
• Discuss potential list of stakeholders
TJKM will prepare meeting materials including agenda, sign-in sheets, and related handouts, PowerPoint presentations (if necessary), and summarize and action items.
SUBTASK 1.2 MONTHLY MEETINGS AND SCHEDULE UPDATES
TJKM expects constant correspondence with City’s PM during the development of the LRSP. We will also facilitate monthly meetings to ensure the project is on track and within budget. We assume that the meetings will be held, under COVID-19 situation, through Zoom virtual conferencing. For each meeting, TJKM will prepare an agenda, updated schedule, meeting minutes, and action items.
SUBTASK 1.3 SAFETY PARTNERS
This task includes identifying and meeting with stakeholders whom should be involved in the development of the LRSP. We have scoped for up to two (2) virtual stakeholder meetings.
The intent of the meetings and ongoing interactions is to solicit input with regard to transportation safety concerns associated with the E’s (i.e., Education, Enforcement, EMS, and Engineering). It also ensures that the vision of the LRSP aligns across departments and community members.
At the kick-off meeting, TJKM will work with City’s PM to obtain a roster of potential stakeholders and begin the recruitment process of the stakeholder group. This could include CCTA, Caltrans, law 116
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enforcement, fire departments, emergency response personnel, community residents, businesses, and schools.
SUBTASK 1.4 COMMUNITY OUTREACH
Our team understands that the key to a successful LRSP is to ensure that community input informs the subsequent recommendations of the LRSP. We propose to center the community engagement process around a project website with an interactive map input tool. The project website will consists of: 1) project overview; 2) progress update; 3) upcoming events; and 4) interactive map input. We will generate city specific URLs, e.g., OakleySafeStreets.com.
We will work with City staff to promote the project website on the City’s official website and social media (e.g., Facebook, Instagram, Next Door, YouTube, and Twitter) pages with graphics and verbiages.
We will maintain and frequently update the website with latest project information.
Task 1 Deliverables
Meeting agendas and minutes for all meetings
Project schedule and updates
Stakeholder meetings (up to two), meeting agendas and recordings for all meetings Project website with interactive map tool
Task 2. Data Collection and Analysis
SUBTASK 2.1 SYSTEM REVIEW
The purpose of this task is to ensure the LRSP vision and goals are aligned with prior planning efforts and that the potential E’s strategies are consistent with local and regional policies, guidelines, and programs. TJKM will first collect and review documents pertaining to the LRSP, such as the City’s General Plan, any bicycle/pedestrian plans, neighborhood plans, Plan Bay Area 2050, etc. Our team will review the City’s capital improvement projects to identify planned safety improvements. We will summarize contents and key transportation projects and efforts to address traffic safety of the aforementioned documents in a Technical Memorandum. Based on our firm’s experience we will ensure the LRSP is developed in consistence with the following documents:
Example of project website and interactive map input. Project website and interactive map input provide citizens with a platform to express their concerns and feedback anywhere, anytime via smartphones, tablets, laptops and desktops. It allows project team in monitoring and compiling responses. Sample: Culver City LRSP, 2020. 117
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• Caltrans Local Road Safety Manual (LRSM) (April 2020) • National Association of County Engineers (NACE) – A Template for Local Roadway Safety Plan • Federal Highway Administration (FHWA) – Local and Rural Road Safety Briefing Sheets: Local Road Safety Plans
• FHWA – Developing Safety Plans: A Manual for Local and Rural Road (2012) • FHWA – Systemic Safety Project Selection Tool (2013)
• FHWA – Local and Rural Road Safety Program
• California’s Strategic Highway Safety Plan (SHSP)
• Highway Safety Manual
• NACTO, American Association of State Highway and Transportation Officials (AASHTO), California Manual on Uniform Traffic Control Devices (MUTCD)
SUBTASK 2.2 DATA COLLECTION
Collision Data: TJKM will obtain the latest five years of collision data from the Transportation Injury Mapping System (TIMS), and the Statewide Integrated Traffic Records System (SWITRS) for crosschecking. We will reference additional supplemental information from the City, such as a complaint database, if available.
Volume Data: We will work closely with City staff to obtain Average Daily Traffic (ADT) volumes and intersection turning movement counts available from City’s recent studies, e.g., Engineering and Traffic Survey, traffic impact studies, etc.
Field Observation: TJKM will conduct field reconnaissance for verifying roadway configurations and infrastructure deficiencies and opportunities for improvements. We will identify major risk factors attributed to historical collisions. The following are roadway features that we will record:
SUBTASK 2.3 SYSTEMIC SAFETY ANALYSIS AND TREND ANALYSIS TJKM will conduct a countywide collision analysis on unincorporated roadways with an emphasis on Fatal and Severe Injury (KSI) collisions. This will be a data-driven process including the following steps:
• Multimodal activity, demand, and behavior
• Right of way information, including number
of lanes, lane width, median type and width,
shoulder type and width (if any)
• Pavement markings and signage
• Horizontal and vertical curvature, superelevation, delineation or advance warning devices
• Presence of lighting
• Sight Distance
• Intersection traffic control device, including
number of signal heads vs. number of lanes,
presence of back plates, etc.
• Intersection skew angle
• Intersection located in or near horizontal
curve
• Presence of left-turn or right-turn lanes
• Left-turn phasing
• Allowance of right-turn-on-red
• Overhead versus pedestal mounted signal
heads
• Pedestrian crosswalk presence, crossing
distance, signal head type
• Posted speed limit or operating speed
• Presence of nearby railroad crossing
• Location and presence of bus stops
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• Collision Trend: Analyzing and summarizing collision distribution including severity, travel mode, trend over time, lighting conditions, weather conditions, time of day, demographics of the victims and parties at-fault, collision type and violation category. • Collision Profile: Combining collision factors to identify prominent collision types. • Bicycle/Pedestrian Collisions: We will separately examine bicycle and pedestrian involved collisions to understand the factors leading to these collisions.
We will produce GIS-based mappings, charts, and other visualizations to help inform decision-making.
We will summarize the collision analysis and maps in a technical memorandum.
SUBTASK 2.4 IDENTIFY HIGH-RISK NETWORK
This is a critical step to identify collision-prone locations throughout the City so that future incidents can be prevented. Primarily, TJKM will identify a high-risk network, which will include a list of the top 10 high-risk intersections and top 10 roadway segments in Oakley.
Location Ranking/EPDO: TJKM proposes to use the Equivalent Property Damage Only (EPDO) methodology from the Highway Safety Manual, to identify and rank the locations from most needing safety improvement to the least.
GIS Coding and Processing: TJKM will identify collisions within 250 feet of an intersection for calculating EPDO rate. For roadway segments, we will employ the Sliding Window Algorithm as per the Highway Safety Manual to partition the city’s roadway system into equal segments (0.3 mile). A
0.3-mile “window” then slides by an increment of 0.1 mile to identify the segments of roadways for safety improvements.
Task 2 Deliverables
Draft and Final Memorandum summarizing Task 2
GIS shapefiles and Excel sheets of the collision database and high-risk network database Task 3. Countermeasures Development
SUBTASK 3.1 EMPHASIS AREAS
Based on the collision history analyzed, high-risk network identified, and stakeholder input, TJKM will identify up to 10 emphasis areas. The emphasis areas could include infrastructure deficiencies, collision types, and human factors. Each emphasis area will include a description, objective, target outcome, the potential E’s strategies, and performance indicators. The emphasis areas will be developed in consultation with the stakeholder group.
SUBTASK 3.2 COUNTERMEASURE TOOLBOX
As we determine emphasis areas for enhancing safety for all roadway users in the City, TJKM will build a toolbox of E’s strategies for each of the aforementioned emphasis areas. This toolbox will inform City engineers, other staff, elected officials, and the general public about measures to address traffic safety issues in the City.
TJKM will leverage our expertise in traffic calming, complete streets, active transportation, ITS technologies, and traffic operations. We will also consider the safety improvements identified as part of other studies within the City at high-risk locations, and will review the effectiveness of any improvements that have previously been implemented by comparing collision trends. 119
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TJKM will select feasible and HSIP-eligible countermeasures based on numerous data attributes, e.g., roadway characteristics: number of lanes, pavement conditions, and traffic control types; collision information: collision types, collision locations, and primary collision factors. We will use the FHWA Crash Modification Factor Clearinghouse and other published research papers to evaluate the Crash Reduction Factor and effectiveness of each countermeasure.
SUBTASK 3.3 SAFETY PROJECTS, COST ESTIMATE, AND BENEFIT-COST RATIO ANALYSIS Based on previously completed tasks, TJKM will identify viable safety projects (engineering) in accordance with Caltrans LRSM. This will include combinations of HSIP-eligible countermeasures identified in previous tasks. We will first develop detailed cost estimates for the identified projects. At the time, we will submit the first draft of projects for City review. Upon receiving comments, TJKM will finalize the list of projects and conduct a Benefit-Cost Ratio (BCR) analysis on all the identified projects for ranking. We will utilize LRSM approved BCR formula, crash costs in 2021 dollars, as well as the HSIP BCR Analyzer for verification purposes.
Our design team and planners have extensive experience in preparing safety programs and design plan cost estimates. The team will develop a robust cost estimate sheet per project in construction, design, environmental, mobility, administrative, and with reasonable contingency.
Task 3 Deliverables
Draft and Final Countermeasure Development Memorandums summarizing emphasis areas and countermeasure toolbox
Draft and Final Safety Projects, Cost Estimate, and BCR Analysis Task 4. Implementation Program
The implementation program will phase safety strategies and engineering projects into a short, mid, or long term action. It will also categorize projects into maintenance versus capital improvements with associated timing and responsible departments, which will inform budgeting of the City’s Capital Improvement Program. It will also consist of a template by which the City can continuously update the LRSP as needs arise and the resources necessary to do so.
TJKM can assist in writing a Vision Zero policy and associated goals/performance metrics, if desired by the City. CCTA recently adopted a Countywide Vision Zero Plan and is working with each jurisdiction to develop Vision Zero goals/policies. The LRSP has a lot of overlap with Vision Zero and as such could benefit from consolidated efforts. The goals will be structured in a way that provides action items for City staff and help to work towards a goal of zero traffic fatalities in Oakley.
Potential funding sources for each project will depend on types of improvements and travel modes.
TJKM will develop a matrix of pursuable Federal and State grant fact sheets that instructs City staff with materials and timeline for each funding opportunity.
Task 4 Deliverables
Implementation Program
Vision Zero Policy (if desired)
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Task 5. LRSP Development
Based on the work completed under previous tasks, TJKM will prepare the Oakley LRSP report, first in draft format for review by City’s Project Manager and stakeholders and, after receiving comments, a final report. The LRSP report will contain at a minimum the following sections (subject to adjustments):
• Executive Summary
• Introduction, Vision, Goals and Objectives
• Safety Partners and Community Outreach
• Collision Data, Systemic Safety Analysis,
and Results
• Emphasis Areas, Existing Efforts, 4E
Strategies, and Performance Measures
• Countermeasure Toolbox
• Safety Projects, Cost Estimate, and BCR
• Prioritization and Implementation Action
Plan
• Monitoring and Ongoing Coordination
We will prepare a PDF version of the report for County staff comment. Once comments are received, we will address them and produce a digital PDF and Word version of the Final Report.
Task 5 Deliverables
Draft and Final LRSP
PROJECT SCHEDULE
Our proposed team is an experienced team with specific strengths in each of the areas required to deliver this project on schedule and within budget to the satisfaction of the City of Oakley. Our proposed team has a proven record of accomplishment of successful similar projects and is dedicated to providing high-quality products. With our available resources and experience, TJKM is equipped to provide the level of responsiveness required by the City, all while providing professional and quality services. We have developed an individualized approach for each task, combined with an active project management and team-oriented approach will ensure the delivery of timely, high-quality services.
Our proposed personnel are available to work on the project for the entire duration of the project and has the availability to accept and complete this key project on schedule and within budget.
TJKM will complete this project in accordance with the schedule shown below. 121
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COST
TJKM proposes a not-to-exceed fee of $69,973.19 for completing the aforementioned scope of work, billed as time and materials. Detailed estimate by task is as follows:
Note that additional tasks beyond the aforementioned scope of work will require an additional fee.
Thank you for considering TJKM for this important project. If you have any questions regarding our proposal, please feel free to reach out to me at (512) 757-7660 or [email protected]. We look forward to the selection process.
Sincerely,
TJKM Transportation Consultants
Cory Peterson, PTP
Senior Transportation Planner
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING
THE CITY MANAGER TO SIGN A CONSULTING SERVICES AGREEMENT WITH TJKM, INC. FOR THE DEVELOPMENT OF A LOCAL ROADWAY AND SAFETY
PLAN (LRSP) FOR THE CITY OF OAKLEY, CAPITAL IMPROVEMENT PROJECT NUMBER 289
WHEREAS, as part of the Fiscal Year 2022/23 Budget the City of Oakley approved a 5- Year Capital improvement Program (CIP); and
WHEREAS, Cities will be required to have an LRSP to apply for future Federal Highway Safety Improvement Program (HSIP) and One Bay Area Grant (OBAG) funding for traffic safety improvements along local roads; and
WHEREAS, Project Number 289 is to develop a Local Roadway and Safety Plan (LRSP); and
WHEREAS, staff solicited a proposal from TJKM, Inc. to develop the LRSP for the City of Oakley; and
WHEREAS, TJKM, Inc. has submitted a proposal for engineering services for CIP Project Number 289 for an amount not to exceed $69,973.19; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from TJKM, Inc. for engineering services for CIP Project Number 289 for an amount not to exceed $69,973.19, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute this into an Agreement.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________
ATTEST: Randy Pope, Mayor
_____
Libby Vreonis, City Clerk Date
124
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt a Resolution approving a side letter to the Oakley Police Officers Association Memorandum of Understanding
______________________________________________________________________ Background and Analysis
The memorandum of understanding (MOU) with the Oakley Police Officers Associations (OPOA) was approved at the May 24,2022 council meeting.
The MOU is a five-year document, starting July 1, 2022 and expiring June 30, 2027. From time to time and if agreed upon by both parties, there may be a need for updated language to help clarify an intent of an item, or to ensure consistency on how things are applied. When these are identified we will look to improve upon the language in the form of a side letter.
While working through the shift bid process for the upcoming July shifts, it was determined by the Police Management staff as well as the Oakley Police Officers Association board that there was a need to improve upon the language in section 7.9 Shift Bidding.
Item three was added to 7.9 to clarify how we handle those employees who are currently on a leave of absence. This language update will ensure that we apply the rules consistently year over year and will help to further clarify the shift bidding process.
The City, Police Management and the OPOA board have discussed this side letter and all agree this is in the best interest of all parties involved.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plan, sustainable organization goal. By clarifying language so that it can be applied consistently it will help us to build trust at City Hall as well as reinforce Team Oakley through communication and transparency.
STAFF REPORT
Approved and Forwarded to the City Council
125
Fiscal Impact
There is no fiscal impact related to this item.
Staff Recommendation
Adopt a Resolution approving a side letter to the Oakley Police Officers Association Memorandum of Understanding
Attachments
1. Resolution
2. Side Letter
126
Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A
SIDE LETTER TO THE OAKLEY POLICE OFFICERS ASSOCIATION MEMORANDUM
OF UNDERSTANDING
WHEREAS, the Oakley Police Officers Association (OPOA) and the City have a memorandum of understanding (MOU) that was approved at the May 24, 2022 council meeting, and
WHEREAS, Police Management and the OPOA board found a need to improve upon the language in section 7.9 Shift Bidding, and
WHEREAS, it is agreed that updating language will allow for clarity and consistency , and WHEREAS, the City, Police Management and the OPOA board have discussed this side letter and all agree it is the best interest of all parties involved, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the Side Letter to the Memorandum of Understanding for the Oakley Police Officers Association, attached as Exhibit A.
PASSED, APPROVED AND ADOPTED this 12th day of July 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_____
Randy Pope, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
127
SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE OAKLEY POLICE OFFICERS ASSOCIATION AND THE CITY OF OAKLEY
This Side Letter of Agreement is entered into by and between the Oakley Police Officers Association and the City of Oakley effective July 1, 2022. The items listed in this Agreement shall supersede any provisions included in the current Memorandum of Understanding (MOU). The parties agree to the following Terms and Conditions:
7.9 Shift Bidding
1. Shift bidding is a process which allows employees to choose a shift and days off based on seniority. Specialized units including, but not limited to Investigations, K9 and Traffic Officers are not subject to shift bidding and are assigned based on the needs of the Department. Shift and day off selection within a specialized unit will be based on time in unit rather than Department seniority.
2. Shift bidding shall take place every six (6) months and shall be completed within seven (7) calendar days after bidding begins, and thirty (30) days before the start of the new shift. The start of the new shift will be the first day of the 28-day work period closest to the fifteenth (15th) of January and July.
3. If an employee is on leave for any reason and unable to return to full duty within 30 days of the start of the new shift, they will not be eligible to bid for a shift. The employee must provide a doctors’ release to full duty, without conditions within the 30 day period, after the start of the new shift.
4. Prior to the beginning of the bidding process, a new shift sign up folder will be created and maintained in the Sergeants' office until the close of the bidding process. An employee, or the employee’s designee, may bid for a shift by writing their name next to their top three shift choices. At the close of the bidding process, the scheduling sergeant (as designated by the Police Chief) will assign employees to shifts based on their choices and seniority. The results of the completed shift bid and new shift assignments will be posted in the Sergeants' office.
5. There shall be a thirty (30) day grace period starting from the first day of each new shift.
The grace period allows for an employee to fill an unexpected vacancy which arises after the start of a new shift. The desired shift must have been one of the officer's initial three (3) choices. Any vacancy that arises after the thirty (30) day grace period may be filled based on the needs of the department and only with approval of the Chief or designee.
6. In rare circumstances, and only in consultation with the POA and the City Manager, the Police Chief reserves the right, for cause, to adjust the shift bidding results when deemed in the best interest of the department. Notification of any changes in shifts shall be provided to the affected employees in writing and with at least fifteen (15) days' notice.
DocuSign Envelope ID: 02204A5B-23C2-4FC6-B74B-331D06D5581B 128
City of Oakley Oakley Police Officers' Association
Joshua McMurray, City Manager Date Tyler Radcliffe, President Date DocuSign Envelope ID: 02204A5B-23C2-4FC6-B74B-331D06D5581B 6/28/2022 6/28/2022
129
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Felicia Escover, Assistant to the City Manager
SUBJECT: Consideration of a Resolution Amending the City of Oakley Fiscal Year 2022-2023 Budget to Allocate Additional American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to the City’s Nonprofit Grant Program and Authorizing the City Manager to Execute a Grant Agreement with the Nonprofit No Paws Left Behind Kitty Rescue ______________________________________________________________________ Background and Analysis
The City Council allocated $180,000 of the City’s American Plan Act Funds to a nonprofit grant program in January 2022. On June 14, 2022, these funds were distributed to 14 nonprofits serving the Oakley community following a competitive process. One of those nonprofits was No Paws Left Behind Kitty Rescue.
No Paws Left Behind Kitty Rescue requested $15,000 to assist with a trap, neuter, and return (TNR) program, which helps prevent feline overpopulation as well as decrease the spread of disease among feral colonies. After initial grant awards were made, there was a balance of $6,850, which the City Council chose to award to No Paws Left Behind Kitty Rescue. A motion was made to provide funding for the entire grant requested, requiring staff to bring forward an item requesting $8,150 in ARPA funds be added to the City’s nonprofit grant program.
Staff is bringing forward this item to carry out the motion made by the City Council at the June 14, 2022 meeting.
Fiscal Impact
The adoption of a resolution allocating additional American Rescue Plan Act funds to the City’s Non-Profit Grant Program will not have an impact on the City’s General Fund. The additional $8,150 appropriation represents a budget amendment, which will come from the over $4 million of unappropriated fund balance in the ARPA Fund (Fund 120).
STAFF REPORT
Approved and Forwarded to the City Council
130
Staff Recommendation
Staff recommends that the City Council adopt a resolution allocating an additional $8,150 in ARPA funds and authorizing the City Manager to execute a grant agreement with the nonprofit No Paws Left Behind Kitty Rescue.
Attachments
1. No Paws Left Behind Kitty Rescue Grant Agreement
2. Resolution
131
2022 City of Oakley Grant Program
“Kitty Rescue”
This Agreement ("Agreement") is made at Oakley, California, dated for reference this 1st of July 2022, by and between the City of Oakley, a municipal corporation and charter City ("CITY"), and NO PAWS LEFT BEHIND (“GRANTEE”), a non-profit organization:
RECITALS
WHEREAS, GRANTEE, as a non-profit organization with a mission to rescue cats and kittens and find them their permanent homes while also helping our community with the stray and feral cats in their neighborhoods by assisting with TNR (Trap, Neuter, & Return); and
WHEREAS, GRANTEE’s provision of such services that are aligned with the City of Oakley’s goal to foster and maintain strong relationships with our public-private partnerships to mutually benefit our shared goals; and
WHEREAS, the CITY wishes to award a grant to GRANTEE to assist with trap, neuter, and return (TNR) which helps prevent overpopulation as well as decrease the spread of disease amount of feral colonies.
NOW, THEREFORE, the parties agree as follows:
SECTION 1. Status of GRANTEE. GRANTEE represents and warrants that it is a nonprofit organization in good standing under the law and shall remain as such for the term of this Agreement. GRANTEE further represents and warrants that its signatory is authorized to bind GRANTEE and execute this Agreement on GRANTEE’s behalf.
SECTION 2. Payment of Grant Award. CITY hereby agrees to pay GRANTEE an amount not to exceed $15,000 (“Grant Award”) according to the schedule set forth in Exhibit A and subject to the terms and conditions of this Agreement. CITY may elect in its sole discretion to withhold payment of Grant Award if GRANTEE defaults under any of the provisions of this Agreement.
SECTION 3. Expenditure of Grant Award. GRANTEE shall expend the Grant Award solely on the programs and/or projects set forth in Exhibit A. An expenditure that does not comply with this Agreement shall constitute a disallowed cost (“disallowed cost”) and be subject to reimbursement as specified in Section 15 of this Agreement. Under no circumstances shall GRANTEE expend any portion of the Grant Award for religious or political purposes or for any other purpose prohibited under law, including but not limited to promoting or inhibiting religion in general or any religion in particular, conveying a religious message, or advocating for or against a political candidate or ballot measure.
SECTION 4. Acknowledgment of Funding Source. Unless otherwise agreed upon in writing between the parties, the GRANTEE agrees that any publications, studies, or reports which are made possible by or derived, in whole or in part, from the Grant Award 132
and any news articles, brochures, seminars, or other promotional materials or media or events through which GRANTEE publicizes the programs or projects funded in whole or in part by CITY will acknowledge the CITY’s support in the following manner: “Funding for this project has been provided by/contributed by the City of Oakley.”
SECTION 5. The Parties’ Relationship. This Agreement shall not be construed as giving rise to any agency, partnership, joint venture, or employment relationship between CITY and GRANTEE. GRANTEE shall have no ability to bind the CITY and shall not hold itself out as having any such ability. Neither GRANTEE nor any of GRANTEE’s officers, employees, agents, or subcontractors, if any, is an employee of CITY by virtue of this Agreement. GRANTEE’s employees and agents shall not be entitled to any salary or benefits relating to CITY employment.
SECTION 6. No Assignment. GRANTEE shall not assign this Agreement without CITY’s written authorization. Any unauthorized assignment shall be void and shall be considered a material breach of this Agreement.
SECTION 7. Indemnification. GRANTEE shall indemnify, hold harmless, and defend CITY, its City Council, boards and commissions, officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with this Agreement, GRANTEE’s performance hereunder, GRANTEE’s or subcontractor’s negligence including active or passive, or strict liability, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of GRANTEE, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless of any limitation of coverage by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
SECTION 8. Insurance Requirements. GRANTEE agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for GRANTEE.” Failure to maintain the required insurance at all times shall constitute a default and material breach.
SECTION 9. Non-Discrimination. In performing this Agreement, GRANTEE, shall not, and shall ensure that any and all contractors or subcontractors, employees, agents, volunteers, officers, officials, directors, volunteers, and affiliates, also shall not discriminate, harass, or allow harassment against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, sexual orientation, actual or perceived gender identity, or any other basis prohibited under law. GRANTEE shall include the 133
nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
SECTION 10. Compliance with All Applicable Laws. In performing this Agreement, GRANTEE warrants it shall comply with all applicable state and federal laws, rules, and regulations, whether now in force or hereinafter enacted.
SECTION 11. Accounting. For purposes of performance under this Agreement and receipt and expenditure of Grant Award, GRANTEE shall at all times maintain an accounting system that comports with generally accepted accounting principles.
SECTION 12. Financial Records and Financial Report. GRANTEE shall maintain satisfactory financial accounts, books, records, documents, and other evidence sufficient to properly reflect the amount, receipt, and expenditure of Grant Award.
Grantee shall submit to CITY a Final Report in the form identified in Exhibit B. The CITY reserves the right to request quarterly reports relating to the expenditure of the Grant Award or additional information as needed for American Rescue Plan Act reporting requirements. Said Quarterly Reports shall be in the form identified in Exhibit B. Said Final Report shall be submitted to CITY within fourteen (14) calendar days following the full expenditure of the grant award.
All financial records and financial reports shall be prepared in accordance with general accounting principles. The Annual and Quarterly Reports shall be public records and may be posted on the CITY’s website. Failure to maintain proper financial records and submittal of timely financial reports shall be cause for termination as outlined in this agreement (See Section 17).
SECTION 13. Audit and Examination. Upon request, CITY’s authorized representatives shall be provided with access and shall have the right to examine all financial records, documents, facilities, and activities related to GRANTEE’s performance of this Agreement and to the receipt and expenditure of the Grant Award. Failure to comply with the request for audit, or a lack of documentation and records, may cause termination of this agreement (See Section 17). Termination of this agreement for failure to comply will require all unused or disallowed funds provided to GRANTEE to be refunded to the CITY.
SECTION 14. Preservation of Records. GRANTEE shall preserve and make available all records related to performance of this Agreement and related to the receipt and expenditure of the Grant Award until the expiration of June 31, 2030 from the date of final payment to GRANTEE or as required by applicable law, whichever is longer.
SECTION 15. Reimbursement of Disallowed Costs. Within ten (10) business days of the date of CITY’s written notice to GRANTEE, GRANTEE agrees to reimburse to CITY any portion of the Grant Award paid by the CITY which CITY has in its sole discretion determined constitutes a disallowed cost.
SECTION 16. Term. This Agreement shall be for a term commencing on July 1, 2022, 134
and expiring on June 30, 2023 unless terminated sooner per this Agreement.
SECTION 17. Termination. This Agreement may be terminated with or without cause by either CITY or GRANTEE with thirty (30) calendar days’ written notice of termination. No later than ten (10) calendar days of transmission of the termination notice from CITY, GRANTEE shall refund any unused or disallowed portion of the Grant Award. In the event of a breach of this Agreement, CITY may elect to provide written notice of such breach and a reasonable time period in which GRANTEE must cure the breach. If GRANTEE fails to cure the breach in accordance with said notice, CITY may terminate this Agreement for cause, and any unused or disallowed portions of the Grant Funds shall be returned to the City within ten (10) calendar days of said termination date.
SECTION 18. Notice. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective five (5) calendar days from the date of mailing or if personally delivered, from the date of personal delivery. If notice is given by mail, it shall be delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
CITY: Felicia Escover
Assistant to the City Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
(925) 625-7162
[email protected]
GRANTEE: Robin Ryder
Founder/President
No Paws Left Behind Kitty Rescue
1441 Gamay Circle
Oakley, CA 94561
(925) 206-2143
[email protected]
SECTION 19. Severability. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
SECTION 20. Waiver. No term or provision hereof will be considered waived by either party, and no breach is excused or consented to by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted.
No express or implied consent by either party to, waiver of, or failure of a party to enforce its rights with respect to a breach by the other party shall constitute consent to or, waiver of any subsequent or other breach by the other party.
135
Section 21. Amendment. This Agreement may be amended by mutual agreement in writing between the GRANTEE and the CITY. Any request by the GRANTEE for amendments must be in writing stating the amendment request and reason for the request. The GRANTEE shall make requests in a timely manner and in no event less than thirty (30) calendar days before the effective date of the proposed amendment.
Section 22. List of Exhibits:
Exhibit A - Scope of Work
Exhibit B - Grant Agreement Report Exhibit
Exhibit C - Insurance Requirements
Section 23. Entire Agreement. This Agreement and any attached Exhibits shall constitute the entire Agreement between the parties hereto relating to the Grant Award and may not be modified except by an instrument in writing signed by the parties hereto. (signatures on next page)
136
IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first hereinabove appearing.
No Paws Left Behind Kitty Rescue City of Oakley,
a non-profit organization a local government agency
By:
Robin Ryder
Founder/President
DATE: ____________________
(City Seal)
By:________________________
Joshua McMurray
City Manager
DATE:________________________
ATTEST:
By:________________________
Libby Vreonis
City Clerk
APPROVED AS TO CONTENT:
__________________________
Felicia Escover
Assistant to the City Manager
APPROVED AS TO FORM:
Derek Cole
City Attorney
137
EXHIBIT A
SCOPE OF WORK
Project Description:
The project shall entail a trap-neuter-return program for felines in Oakley.
Deliverables & Performance Measures:
The No Paws Left Behind Kitty Rescue shall carry out a TNR program, facilitate adoptions, and foster kittens.
Performance measures that will need to be reported include:
- Spay/Neuter, vaccinate, and microchip a minimum of 85 cats - Adopt 90 cats to homes that have been vetted by members of the nonprofit Payment Schedule & Eligible Expenditures:
All expenditures must comply with the Coronavirus State and Local Recovery Funds Final Rule. Additionally, all funds must be spent exclusively on Oakley community members, and materials shall be sourced locally to the greatest extent. Funding used for expenditures not included in the list below, or spent improperly, will require repayment to the City.
The grant funds will be used to support the “Kitty Rescue” project. Eligible expenditures under this grant agreement include:
- Materials
o Medical supplies
o Foster and adoption
food, litter, potty pads, formula, kennels, litter boxes, blankets, collars, cat toys
o Marketing materials
- Services
o Spay and neuter fees
o Grant administration (maximum of $250)
The grant funds will be dispersed in a lump sum following the full execution of this agreement.
138
Exhibit B
Grant Agreement Report
Organization Agreement No.
Contact Person Contact Title
Phone Number Email
Report Type ☐ annual Reporting Period
☐ quarterly
Grantee Information
Grant Amount
Funding expended during the reporting period
Funding expended to date
Remaining award amount
Award Details
Receipts and thorough documentation of grant fund expenditures have been maintained and can be produced upon request
☐ yes ☐ no
Performance Measures & Outcomes
Please provide outcomes that were accomplished through the grant funds Part I: Quantitative Outcomes
Number of Individuals Served
Population(s) Served
Performance Measures per Agreement
Narrative – description of how the funds were used and what was accomplished. 139
Grantee Representative Signature
I hereby declare under the penalty of perjury that the goods or materials covered by this report have been performed with the project specifications, are complete and accurate, and are eligible under the agreement.
Printed Name
Title
Signature Date
140
EXHIBIT C
INSURANCE REQUIREMENTS
Grantee shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Grantee, their agents, representatives, or employees or subcontractors.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Grantee under this agreement.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $2,000,000)
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Grantee has no owned autos, Code 8 (hired) and 9 (nonowned), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (WC insurance is not required if the grantee provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Grantee’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 policy aggregate.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
141
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Grantee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 forms if later revisions used).
2. For any claims related to this contract, the Grantee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Grantee’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with thirty (30) days prior written notice to the City.
Waiver of Subrogation
Grantee hereby grants to City a waiver of any right to subrogation which any insurer of said Grantee may acquire against the City by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Grantee to provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any coverage required is written on a claims-made basis:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the 142
Grantee must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Grantee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Grantee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Grantee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Grantee shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01.
Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 143
Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING THE CITY OF OAKLEY FISCAL YEAR 2022-2023 BUDGET TO ALLOCATE
ADDITIONAL AMERICAN RESCUE PLAN ACT (ARPA) STATE AND LOCAL FISCAL RECOVERY FUNDS TO THE CITY’S NONPROFIT GRANT PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH
THE NONPROFIT NO PAWS LEFT BEHIND KITTY RESCUE
WHEREAS, in January 2022, the City Council allocated a portion of the City’s American Plan Act Funds which included $180,000 toward a grant program to support nonprofits supporting Oakley community members; and
WHEREAS, 14 nonprofits were awarded grant funding at the June 14, 2022 City Council meeting following a competitive process; and
WHEREAS, the City Council expressed the desire to fund the entirety of the No Paws Left Behind Kitty Rescue grant proposal; and
WHEREAS, an additional $8,150 must be allocated to the City’s nonprofit grant program in order to carry out the desire of the City Council; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Oakley City Council amends the FY 22-23 budget to allocate $8,150 of the City’s American Rescue Plan Act Funds to the nonprofit grant program.
BE IT FURTHER RESOLVED, that the City Council awards a $15,000 grant to No Paws Left Behind.
BE IT FURTHER RESOLVED, that the City Council directs the City Manager to execute a grant agreement with No Paws Left Behind Kitty Rescue.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
144
STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of the Bethel Island Road Precise Alignment Plan for Bethel Island Road between East Cypress Road and Sandmound Boulevard Background and Analysis
On October 25, 2011, the City Council of Oakley approved a resolution for the approval of the Summer Lake North Subdivision 9307 (TM 01-11) vesting tentative map subdividing 409 acres into 824 residential lots. The conditions of approval (COA) for this development requires the developer to submit a preliminary plan and profile of Bethel Island Road depicting the horizontal and vertical alignment of the ultimate roadway (COA #51 of Resolution No. 116-11).
DeNova Homes is the developer for this subdivision and has engaged Carlson, Barbee, and Gibson, Inc. (CBG) as the project’s design engineer. Staff has collaborated with CBG on the various private development projects slated along this corridor of Bethel Island Road to prepare the Bethel Island Road Precise Alignment plan that will establish the proposed roadway alignment to be designed by private development projects and capital improvement projects in this area.
Establishing of the right of way lines and improvements along Bethel Island Road between East Cypress Road to Sandmound Boulevard has been planned with the East Cypress Corridor Specific Plan Project (ECCSP) since 2004. The City of Oakley General Plan (GP) Transportation Element 2020, and the ECCSP Environmental Impact Report includes the ultimate improvements of Bethel Island Road. This section of Bethel Island Road was analyzed in the East Cypress Corridor Specific Plan EIR and Supplemental EIR (SCH # 2004092011), collectively, “ECCSP EIRs”, certified by the City Council in March of 2006 and 2009, respectively. The City has reviewed the precise alignment plan and determined that approval of the project will not result in any new, or substantially more adverse, significant environmental impacts than those disclosed in the ECCSP EIRs.
The establishment of the right of way lines are intended to reserve sufficient right of way for future road construction. Approval of the precise alignment plan to establish 145
the future right of way lines will not result in the immediate acquisition of any property.
The dedication of the right of way will be a part of Conditions of Approval for future private development projects.
The proposed future right of way for Bethel Island Road between East Cypress Road to Sandmound Boulevard is 150 feet, consisting of 4 lanes with a divided median, bike lane, sidewalk, and landscaped parkways. A future levee connection at the northern limits of this roadway segment is necessary to provide the regional flood protection necessary for the development of this area. The proposed vertical alignment for this area assumes the additional clearance necessary for future utilities that will also need to cross over the levee at this location.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
There is no immediate fiscal impact associated with this action. The new right of way will be dedicated by the respective private developers in the future, as new development projects are processed by the City.
Staff Recommendation
Staff recommends that the City Council adopt the Resolution for the approval of the Bethel Island Road Precise Alignment between East Cypress Road and Sandmound Boulevard.
Attachments
1) Bethel Island Road Precise Alignment
2) Resolution
146
SHEET INDEX SHEET NO.SHEET TITLE SANDMOUND BOULEVARD EXISTING BETHEL ISLAND ROAD LEVEE LEVEE LEVEE LEVEE (BY OTHERS) REGIONAL LEVEE ULTIMATE CYPRESS ROAD JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\1.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA BETHEL ISLAND ROAD PRECISE ALIGNMENT CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA JUNE 2022 VICINITY MAP PROJECT SITE ABBREVIATIONS: EXISTING PROPOSED DESCRIPTION LEGEND X BASIS OF BEARINGS: BENCHMARK: SITE PLAN SUMMER LAKE NORTH SUMMER LAKE NORTH SUMMER LAKE NORTH COVER SHEET 1 REVIEWED FOR CONFORMANCE WITH THE CITY OF OAKLEY STANDARDS REQUIREMENTS. CONSTRUCTION DOCUMENTS ARE REQUIRED TO IMPLEMENT ALIGNMENT AND ROADWAY FACILITIES DEPICTED. ADOPTED BY CITY COUNCIL RESOLUTION NUMBER: DATE: FINAL DESIGN OF BETHEL ISLAND ROAD TO COMPLY WITH THE CITY OF OAKLEY GREEN INFRASTRUCTURE PLAN.
ENTRY ROAD ENTRY ROAD ROADWAY DESIGN DATA STA 20+00 TO 51+94 STA 51+94 TO 67+72 147
JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\2.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA ULTIMATE BETHEL ISLAND ROAD SECTION * * SUMMER LAKE NORTH ULTIMATE BETHEL ISLAND ROAD SECTION SUMMER LAKE NORTH TYPICIAL STREET SECTIONS 2 BIORETENTION AREA SIZING TO BE IN ACCORDANCE WITH CONTRA COSTA COUNTY CLEAN WATER PROGRAM, STORMWATER C.3 GUIDEBOOK DATED MAY 17, 2017 * * * 148
JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\3.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA ULTIMATE BETHEL ISLAND ROAD SECTION SUMMER LAKE NORTH ULTIMATE BETHEL ISLAND ROAD SECTION ULTIMATE BETHEL ISLAND ROAD SECTION SUMMER LAKE NORTH TYPICAL STREET SECTIONS 3 * * * * BIORETENTION AREA SIZING TO BE IN ACCORDANCE WITH CONTRA COSTA COUNTY CLEAN WATER PROGRAM, STORMWATER C.3 GUIDEBOOK DATED MAY 17, 2017 * 149
EXISTING LEVEE LEVEE ACCESS ROAD LEVEE LEVEE ACCESS ROAD CYPRESS ROAD BETHEL ISLAND ROAD (ULTIMATE) PROFILE SCALE: 1" = VERTICAL 1" = HORIZONTAL 50' 5' JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\4.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA 25+00 24+00 23+00 22+00 21+00 20+00 19+00 18+00 17+00 16+00 15+00 14+00 13+00 12+00 11+00 10+00 SCALE: BETHEL ISLAND ROAD (ULTIMATE) 1" = 50' SEE SHEET 5
MATCH LINE STA 24+00
SEE SHEET 5
MATCH LINE STA 24+00 -1001020 -10010 PLAN AND PROFILE BETHEL ISLAND ROAD (STA 10+00 TO 24+00) 4 SUMMER LAKE NORTH ROADWAY DESIGN DATA STA 20+00 TO 51+94 STA 51+94 TO 67+72 150
LEVEE ACCESS ROAD LEVEE LEVEE ACCESS ROAD LEVEE ACCESS ROAD LEVEE LEVEE ACCESS ROAD CC SEE SHEET 9 BETHEL ISLAND ROAD (ULTIMATE) PROFILE SCALE: 1" = VERTICAL 1" = HORIZONTAL 50' 5' -10010 JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\5.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA 38+00 37+00 36+00 35+00 34+00 33+00 32+00 31+00 30+00 29+00 28+00 27+00 26+00 25+00 24+00 SCALE: BETHEL ISLAND ROAD (ULTIMATE) 1" = 50' SEE SHEET 6
MATCH LINE STA 38+00
SEE SHEET 6
MATCH LINE STA 38+00
MATCH LINE STA 24+00
SEE SHEET 4
MATCH LINE STA 24+00
SEE SHEET 4 20 -10010 PLAN AND PROFILE BETHEL ISLAND ROAD (STA 24+00 TO 38+00) 5 SUMMER LAKE NORTH SUMMER LAKE NORTH ROADWAY DESIGN DATA STA 20+00 TO 51+94 STA 51+94 TO 67+72 151
CC LEVEE LEVEE ACCESS ROAD LEVEE ACCESS ROAD LEVEE ACCESS ROAD SEE SHEET 9 BETHEL ISLAND ROAD (ULTIMATE) PROFILE SCALE: 1" = VERTICAL 1" = HORIZONTAL 50' 5' -10010 JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\6.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA 51+00 50+00 49+00 48+00 47+00 46+00 45+00 44+00 43+00 42+00 41+00 40+00 39+00 38+00 SCALE: BETHEL ISLAND ROAD (ULTIMATE) 1" = 50' SEE SHEET 7
MATCH LINE STA 51+00
SEE SHEET 7
MATCH LINE STA 51+00
MATCH LINE STA 38+00
SEE SHEET 5
MATCH LINE STA 38+00
SEE SHEET 5 20 -10010 PLAN AND PROFILE BETHEL ISLAND ROAD (STA 38+00 TO 51+00) 6 SUMMER LAKE NORTH ROADWAY DESIGN DATA STA 20+00 TO 51+94 STA 51+94 TO 67+72 20 152
AA BB LEVEE ACCESS ROAD LEVEE ACCESS ROAD LEVEE LEVEE ACCESS ROAD LEVEE SEE SHEET 9
SEE SHEET 9
ENTRY ROAD ENTRY ROAD BETHEL ISLAND ROAD (ULTIMATE) PROFILE SCALE: 1" = VERTICAL 1" = HORIZONTAL 50' 5' -10010 JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\7.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA 65+00 64+00 63+00 62+00 61+00 60+00 59+00 58+00 57+00 56+00 55+00 54+00 53+00 52+00 SCALE: BETHEL ISLAND ROAD (ULTIMATE) 1" = 50' MATCH LINE 65+00 SEE SHEET 8 SEE SHEET 8
MATCH LINE STA 65+00
MATCH LINE 51+00
SEE SHEET 6
MATCH LINE STA 51+00
SEE SHEET 6 20 -10010 PLAN AND PROFILE BETHEL ISLAND ROAD (STA 51+00 TO 65+00) 7 REGIONAL LEVEE (BY OTHERS) ULTIMATE 51+00 SUMMER LAKE NORTH SUMMER LAKE NORTHROADWAY DESIGN DATA STA 20+00 TO 51+94 STA 51+94 TO 67+72 153
L E V E E L E V E E A C C E S S R O A D SANDMOUND BOULEVARD BETHEL ISLAND ROAD (ULTIMATE) PROFILE SCALE: 1" = VERTICAL 1" = HORIZONTAL 50' 5' -10010 JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\8.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA 73+00 72+00 71+00 70+00 69+00 68+00 67+00 66+00 SCALE: BETHEL ISLAND ROAD (ULTIMATE) 1" = 50' SEE SHEET 7 MATCH LINE STA 65+00 MATCH LINE STA 65+00 SEE SHEET 7 20 -10010 PLAN AND PROFILE BETHEL ISLAND ROAD (STA 65+00 TO 71+00) 8 65+00 SUMMER LAKE NORTH 20 ROADWAY DESIGN DATA STA 20+00 TO 51+94 STA 51+94 TO 67+72 154
-100-51052015 -100-51052015 -100-51052015 INTERIM ENTRY ROAD ULTIMATE ENTRY ROAD ULTIMATE ENTRY ROAD SECTION A-A JOB NO. 1292-100 G:\1292-100\ACAD\EXHIBITS\BIR Plan Line (Ultimate)\9.dwg 9 OFSHEET SHEETS CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 DRAWN BY: DATE: BFN PROJ. ENGR: PROJ. MGR: JJN 06/2022 BFN BETHEL ISLAND ROAD - ULTIMATE CITY OF OAKLEY PRECISE ALIGNMENT CALIFORNIA ROADWAY PLAN LINE EXHIBIT CROSS SECTION DETAILS 9 SECTION B-B SECTION C-C 155
Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY TO APPROVE
THE BETHEL ISLAND ROAD PRECISE ALIGNMENT PLAN FOR BETHEL ISLAND
ROAD BETWEEN EAST CYPRESS ROAD AND SANDMOUND BOULEVARD
WHEREAS, the adoption of the precise roadway alignment for Bethel Island Road between East Cypress Road and Sandmound Boulevard has been identified as necessary to maintain the Level of Service standards set forth in the Circulation Element and Growth Management Element of the City of Oakley General Plan; and WHEREAS, this section of Bethel Island Road was analyzed in the East Cypress Corridor Specific Plan EIR and Supplemental EIR (SCH # 2004092011), collectively, “ECCSP EIRs”, certified by the City Council in March of 2006 and 2009, respectively. The City has reviewed the information submitted with the project and determined that approval of the project will not result in any new, or substantially more adverse, significant environmental impacts than those disclosed in the ECCSP EIRs; and,
WHEREAS, on October 25, 2011, the City Council of Oakley approved a resolution for the approval of the Summer Lake North Subdivision 9307 (TM 01-11) vesting tentative map subdividing 409 acres into 824 residential lots. The conditions of approval (COA) for this development requires the developer to submit a preliminary plan and profile of Bethel Island Road depicting the horizontal and vertical alignment of the ultimate roadway (COA #51 of Resolution No. 116-11).; and,
WHEREAS, the Bethel Island Road Precise Alignment Plan between East Cypress Road and Sandmound Boulevard prepared by Carlson, Barbee, and Gibson, Inc. attached to this resolution, depicts the ultimate roadway right of way and roadway alignment in this section of Bethel Island Road; and,
WHEREAS, any private development project and capital improvement project will be designed to meet this roadway alignment for future projects; and, NOW, THEREFORE, the City Council of the City of Oakley resolves as follows:
1. Precise Roadway Alignment Adopted
A precise roadway alignment is hereby adopted for Bethel Island Road between East Cypress Road and Sandmound Boulevard, as described more particularly in the attached “Bethel Island Road Precise Alignment” plan prepared by Carlson, Barbee, and Gibson, Inc..
2. Recordation
The City Council of the City of Oakley directs that the Precise Alignment Plan shall be recorded in the Clerk-Recorder’s Office of Contra Costa County. 156
Resolution No. XX-22 Page 2 of 2
3. Road Dedication Standards of City of Oakley Municipal Code The effect of said precise roadway alignment shall be governed by the provisions of Chapter 3 for Road Dedication Standards of the City of Oakley Municipal Code.
4. Effective Date
This Resolution shall become effective immediately.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________
ATTEST: Randy Pope, Mayor
____________________ ________________
Libby Vreonis, City Clerk Date
157
STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Authorize the City Manager to Execute Amendment Number 3 to the Consulting Services Agreement with Pavement Engineering Inc., to provide Construction Support Services for FY 2020/21 Street Repair and Resurfacing Project – Capital Improvement Project 246 Background and Analysis
The construction contract for this project was awarded on June 14, 2022. With the execution of the agreements the contractor will start construction in mid-July. In February 2021, the City Council awarded a design contract to Pavement Engineering, Inc. for performing the design and the preparation of construction documents for this project. The scope of this project design was to complete the rehabilitation of Live Oak Avenue, Brownstone Road, Miguel Drive, Teixeira Way. This work will involve the excavation and removal of all failed roadway base material that contains Sierra-Crete, the minor widening of the Live Oak Avenue, the repair and rehabilitation of Brownstone Road, Miguel Drive and Teixeira Way. The design of the project has been completed and the construction phase of this project is beginning.
Construction Support Services are an important element in this project because of the complexity of the design and coordination work involved. The following summary has been prepared in order to better understand the distribution of the work efforts for the construction of this project.
The key components of the construction for this project are:
• Day-to-day construction inspections: The City Engineering Inspector will monitor and inspect the contractor’s daily work; measure and document quantities of material used on the project and ensure compliance with the plans and specifications. • Coordination with the design team during construction: City Engineering staff will work closely with the contractor, residents, and the design team to provide responses to inquiries and questions that may arise during the course of the project’s construction.
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• Construction Support Services: This work requires the project consultant to review all shop drawings and various product submittals for the construction, provide design clarifications and information, and attend various meetings.
In order to ensure consistency and quality control as the project moves forward into the construction phase, staff now proposes to amend the Pavement Engineering Inc., contract to include support for the construction phase of the project from this firm.
Pavement Engineering, Inc. will be assigned the task of providing Construction Support Services for this project along with their sub-consultants, as outlined in the attached proposal and scope of work. Staff recommends approval of Amendment Number 3 to the Pavement Engineering, Inc. contract to provide Construction Support Services in an amount not to exceed $15,000.00
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
Approval of this resolution will accept the proposal and authorize the City Manager to execute Amendment Number 3 to the agreement with Pavement Engineering, Inc. for a cost not to exceed $15,000.00. The funding of this contract amendment will be from the Gas Tax fund.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Pavement Engineering, Inc. and amend the agreement to provide Construction Support Services associated with FY 2020/21 Street Repair and Resurfacing Project - CIP 246 and authorize the City Manager to sign Amendment Number 3 to the consulting agreement.
Attachments
1. Pavement Engineering, Inc. Construction Support Services Proposal
2. Resolution
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160
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NUMBER 3 TO THE CONSULTING SERVICES AGREEMENT WITH PAVEMENT ENGINEERING INC. FOR
CONSTRUCTION SUPPORT SERVICES FOR FY 2020/21 STREET REPAIR AND RESURFACING PROJECT - CIP 246
WHEREAS, as part of the Fiscal Year 2020/21 Budget, the City Council approved a 5- Year Capital improvement Program (CIP); and
WHEREAS, Pavement Engineering Inc., was awarded the design contract by City Council on February 23, 2021; and
WHEREAS, the construction of CIP 246 is a multifaceted process, and in order to ensure consistency and quality control as the project moves forward into the construction phase with its many components, Construction Support Services are needed from Pavement Engineering, Inc. as well; and
WHEREAS, as requested by the City, Pavement Engineering, Inc. has submitted a proposal to provide Construction Support Services for FY 2020/21 Street Repair and Resurfacing Project - CIP 246 for an amount not to exceed $15,000; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from Pavement Engineering, Inc. for providing Construction Support Services for FY 2020/21 Street Repair and Resurfacing Project - CIP 246, for an amount not to exceed $15,000, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute Amendment Number 3 to the original design agreement.
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________
ATTEST: Randy Pope, Mayor
____________________ ________________
Libby Vreonis, City Clerk Date
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Consideration of a Resolution of the City Council of the City of Oakley Acting as the Successor Agency to the Oakley
Redevelopment Agency, Approving a Loan Subordination
Agreement Between Walker & Dunlop, LLC and the Successor Agency to the Oakley Redevelopment Agency
Background and Analysis
Under the terms of a loan agreement dated February 8, 2000 between the Oakley Redevelopment Agency (RDA) and the Developer, Oakley Senior Associates, the RDA loaned $1,800,000 to fund the acquisition and development costs to construct eighty units of affordable housing for low and moderate income seniors. That loan is secured by a deed of trust on the Summer Creek property, which loan is due in 55 years from the issuance of the certificate of completion but not later than 2058 and bears simple interest at 3 percent. A portion of the loan had been funded by the RDA Projects Fund and with the dissolution of the RDA effective February 1, 2012, the assets of the RDA Projects Fund, including a portion of the Oakley Senior Housing loan in the amount of $623,082, were assumed by the Successor Agency to the RDA.
A tax credit limited partner of Oakley Senior Associates is dissolving their fund associated with the Summer Creek property and Oakley Senior Associates would prefer to buy out the interest of their tax credit limited partner, rather than sell off the property. There is sufficient equity in the Summer Creek property to enable Oakley Senior Associates to secure an approximately $5.9 million loan from Walker & Dunlop, LLC on the property to buy out the interest of their tax credit limited partner and to address some deferred maintenance needs on the Summer Creek property.
Oakley Senior Associates is seeking the approval from the Successor Agency to the Oakley Redevelopment Agency for the requested loan subordination agreement, which puts the Successor Agency’s loan in second position to the primary lender, Walker & Dunlop, LLC and facilitates the completion of the loan. Staff believes that it is in the best interest of the City of Oakley for Oakley Senior Associates to continue to provide affordable housing for low and moderate income seniors and is recommending approval of the proposed loan subordination agreement.
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Fiscal Impact
Staff does not believe that the adoption of this resolution approving the proposed loan subordination agreement will have a material fiscal impact on the Successor Agency.
Representatives of Oakley Senior Associates have completed and shared with staff an analysis of their cash flow from the last four years and what they are projecting for 2022 and 2023. They anticipate that, even with the new debt, they will realize approximately the same cash flow as previous years and there shouldn’t be much difference in the payments that they will remit to the Successor Agency from their residual income/cash flow.
Staff Recommendation
Staff recommends the City Council, acting as the Successor Agency to the Oakley Redevelopment Agency, adopt the attached Resolution, Approving a Loan Subordination Agreement Between Walker & Dunlop, LLC and the Successor Agency to the Oakley Redevelopment Agency.
Attachments
1. Resolution
2. Loan Subordination Agreement
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Resolution No. SA XX-22 Page 1 of 2
RESOLUTION NO. SA XX-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACTING AS
THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
APPROVING A LOAN SUBORDINATION AGREEMENT BETWEEN WALKER &
DUNLOP, LLC AND THE SUCCESSOR AGENCY TO THE OAKLEY
REDEVELOPMENT AGENCY
WHEREAS, under the terms of a loan agreement dated February 8, 2000 between the Oakley Redevelopment Agency (RDA) and the Developer, Oakley Senior Associates, the RDA loaned $1,800,000 to fund the acquisition and development costs to construct eighty units of affordable housing for low and moderate income seniors; and WHEREAS, the loan is secured by a deed of trust on the Summer Creek property, which loan is due in 55 years from the issuance of the certificate of completion but not later than 2058 and bears simple interest at 3 percent; and WHEREAS, a portion of the loan had been funded by the RDA Projects Fund and with the dissolution of the RDA effective February 1, 2012, the assets of the RDA Projects Fund, including a portion of the Oakley Senior Housing loan in the amount of $623,082, were assumed by the Successor Agency to the RDA; and
WHEREAS, a tax credit limited partner of Oakley Senior Associates is dissolving their fund associated with the Summer Creek property; and
WHEREAS, Oakley Senior Associates would prefer to buy out the interest of their tax credit limited partner, rather than sell off the property; and WHEREAS, there is sufficient equity in the Summer Creek property to enable Oakley Senior Associates to secure an approximately $5.9 million loan from Walker & Dunlop, LLC on the property to buy out the interest of their tax credit limited partner and to address some deferred maintenance needs on the Summer Creek property; and WHEREAS, Oakley Senior Associates is seeking the approval from the Successor Agency to the Oakley Redevelopment Agency for the requested loan subordination agreement, which puts the Agency’s loan in second position to the primary lender, Walker & Dunlop, LLC and facilitates the completion of the loan; and WHEREAS, it is in the best interest of the City of Oakley for Oakley Senior Associates to continue to provide affordable housing for low and moderate income seniors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley acting as the Successor Agency to the Oakley Redevelopment Agency does hereby approve the subordination agreement between Walker & Dunlop, LLC and the Successor Agency to the Oakley Redevelopment Agency.
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Resolution No. SA XX-22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 12th day of July 2022 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
________________
Randy Pope, Chair
ATTEST:
___________________ ________________
Libby Vreonis, Secretary Date
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Prepared by, and after recording
return to:
Shelley J. King, Esq.
Krooth & Altman LLP
1850 M Street, NW, Suite 400
Washington, DC 20036
SUBORDINATION AGREEMENT
GOVERNMENTAL ENTITY
(Revised 3-15-2022)
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Subordination Agreement – Governmental Entity Page 1
Freddie Mac Loan Number: 508033012
Property Name: Summer Creek Place
SUBORDINATION AGREEMENT
GOVERNMENTAL ENTITY
(Revised 3-15-2022)
THIS SUBORDINATION AGREEMENT (“Agreement”) is entered into this ___ day of July, 2022, by and between (i) WALKER & DUNLOP, LLC, a limited liability company organized and existing under the laws of the State of Delaware (“Senior Lender”) and (ii) the SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY, a public body corporate and politic (“Subordinate Lender”).
RECITALS
A. OAKLEY SENIOR ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a limited partnership organized under the laws of the State of California (“Borrower”) is the owner of certain land located in Contra Costa County, California, described in Exhibit A (“Land”). The Land is improved with a multifamily rental housing project (“Improvements”).
B. Senior Lender has made or is making a loan to Borrower in the original principal amount of [$5,895,000] (“Senior Loan”) upon the terms and conditions of a Multifamily Loan and Security Agreement dated as of July ___, 2022 between Senior Lender and Borrower (“Senior Loan Agreement”) in connection with the Mortgaged Property. The Senior Loan is secured by a Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated as of the date of the Senior Loan Agreement (“Senior Mortgage”) encumbering the Land, the Improvements and related personal and other property described and defined in the Senior Mortgage as the “Mortgaged Property.”
C. Pursuant to a Loan Agreement dated March 1, 1999 between Contra Costa County Redevelopment Agency (“Original Subordinate Lender”) and Borrower (“Subordinate Loan Agreement”), Original Subordinate Lender has made or is making a loan to Borrower in the original principal amount of $1,800,000 (“Subordinate Loan”). The Subordinate Loan is or will be secured by a Deed of Trust and Security Agreement dated as of February 8, 2000 (“Subordinate Mortgage”) encumbering all or a portion of the Mortgaged Property. Original Subordinate Lender has transferred its interest in the Subordinate Loan to Subordinate Lender. 168
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D. The Senior Mortgage will be recorded in the Official Records of Contra Costa County, California (“Recording Office”). The Subordinate Mortgage is recorded in the Recording Office at Instrument No. 2000-0051487.
E. The execution and delivery of this Agreement is a condition of Senior Lender’s making of the Senior Loan.
AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1. Definitions. The following terms, when used in this Agreement (including, as appropriate, when used in the above recitals), will have the following meanings:
The terms “Condemnation,” “Imposition Deposits,” “Impositions,” “Leases,” “Rents” and “Restoration,” as well as any term used in this Agreement and not otherwise defined in this Agreement, will have the meanings given to those terms in the Senior Loan Agreement.
“Bankruptcy Proceeding” means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders.
“Borrower” means all persons or entities identified as “Borrower” in the first Recital of this Agreement, together with their successors and assigns, and any other person or entity who acquires title to the Mortgaged Property after the date of this Agreement; provided that the term “Borrower” will not include Senior Lender if Senior Lender acquires title to the Mortgaged Property.
“Casualty” means the occurrence of damage to or loss of all or any portion of the Mortgaged Property by fire or other casualty.
“Enforcement Action” means any of the following actions taken by or at the direction of Subordinate Lender: the acceleration of all or any part of the Subordinate Indebtedness, the advertising of or commencement of any foreclosure or trustee’s sale proceedings, the exercise of any power of sale, the acceptance of a deed or assignment in lieu of foreclosure or sale, the collecting of Rents, the obtaining of or seeking of the appointment of a receiver, the seeking of default interest, the taking of possession or control of any of the Mortgaged Property, the commencement of any suit or other legal, administrative, or arbitration proceeding based upon the Subordinate Note or any other of the Subordinate Loan Documents, the exercising of any banker’s lien or rights of set-off or recoupment, or the exercise of any other remedial action against Borrower, any other party liable for 169
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any of the Subordinate Indebtedness or obligated under any of the Subordinate Loan Documents, or the Mortgaged Property.
“Enforcement Action Notice” means a Notice given from Subordinate Lender to Senior Lender following one or more Subordinate Mortgage Default(s) and the expiration of any applicable notice or cure periods, setting forth in reasonable detail the Subordinate Mortgage Default(s) and the Enforcement Actions proposed to be taken by Subordinate Lender.
“Lien” means any lien, encumbrance, estate or other interest, recorded against or secured by the Mortgaged Property.
“Loss Proceeds” means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty.
“Notice” means all notices, requests, demands, consents, approvals or other communication pursuant to this Agreement provided in accordance with the provisions of Section 10.
“Regulatory Agreement” means the Regulatory Agreement and Declaration of Restrictive Covenants between Borrower and Subordinate Lender dated March 15, 2000 and recorded at Instrument No. 2000-0051489 in the Recording Office of Contra Costa County, California.
“Senior Indebtedness” means the “Indebtedness” as defined in the Senior Loan Agreement.
“Senior Lender” means the “Lender” as defined in the Senior Mortgage. When any other person or entity becomes the legal holder of the Senior Note, such other person or entity will automatically become Senior Lender.
“Senior Loan Documents” means the “Loan Documents” as defined in the Senior Loan Agreement, as such documents may be amended.
“Senior Mortgage Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of Notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Senior Loan Agreement. “Senior Note” means the promissory note or other evidence of the Senior Indebtedness and any replacement of the Senior Note.
“Subordinate Indebtedness” means all sums evidenced or secured or guaranteed by, or otherwise due and payable to Subordinate Lender pursuant to, the Subordinate Loan Documents.
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“Subordinate Lender” means the person or entity named as such in the first paragraph of this Agreement and any other person or entity who becomes the legal holder of the Subordinate Note after the date of this Agreement.
“Subordinate Loan Documents” means the Subordinate Mortgage, the Subordinate Note, the Subordinate Loan Agreement, the Regulatory Agreement and all other documents at any time evidencing, securing, guaranteeing, or otherwise delivered in connection with the Subordinate Indebtedness, as such documents may be amended. “Subordinate Mortgage Default” means any act, failure to act, event, condition, or occurrence which allows (but for any contrary provision of this Agreement), Subordinate Lender to take an Enforcement Action.
“Subordinate Note” means the promissory note or other evidence of the Subordinate Indebtedness and any replacement of the Subordinate Note. “Surplus Cash” means, with respect to any period, any revenues of Borrower remaining after paying, or setting aside funds for paying, all the following:
(a) All sums due or currently required to be paid under the Senior Loan Documents, including any reserves and Imposition Deposits.
(b) All reasonable operating expenses of the Mortgaged Property, including real estate taxes, insurance premiums, utilities, building maintenance, painting and repairs, management fees, payroll, administrative expenses, legal expenses and audit expenses (excluding any developer fees payable with respect to the Mortgaged Property).
2. Subordinate Lender’s Representations and Warranties. (a) Subordinate Lender represents and warrants that each of the following is true as of the date of this Agreement:
(i) Subordinate Lender is now the owner and holder of the Subordinate Loan Documents.
(ii) No Subordinate Mortgage Default has occurred and is continuing. (iii) The current unpaid principal balance of the Subordinate Indebtedness is $________.
(iv) No scheduled payments under the Subordinate Note have been prepaid. (b) Without the prior written consent of Senior Lender, Subordinate Lender will not do any of the following:
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(i) Pledge, assign, transfer, convey, or sell any interest in the Subordinate Indebtedness or any of the Subordinate Loan Documents.
(ii) Take any action which has the effect of increasing the Subordinate Indebtedness, except to cure a Senior Mortgage Default as contemplated under Section 5(a) of this Agreement.
(iii) Accept any prepayment of the Subordinate Indebtedness.
3. Terms of Subordination.
(a) Agreement to Subordinate. The Subordinate Indebtedness is and will at all times continue to be subject and subordinate in right of payment to the prior payment in full of the Senior Indebtedness. Each of the Subordinate Loan Documents is, and will at all times remain, subject and subordinate in all respects to the liens, terms, covenants, conditions, operations, and effects of each of the Senior Loan Documents.
(b) Subordination of Subrogation Rights. If Subordinate Lender, by indemnification, subrogation or otherwise, acquires any Lien on any of the Mortgaged Property, then that Lien will be fully subject and subordinate to the receipt by Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Subordinate Indebtedness and the Subordinate Loan Documents are subordinate pursuant to this Agreement. (c) Payments Before Senior Loan Default; Soft Subordinate Debt. Until the occurrence of a Senior Mortgage Default, Subordinate Lender will be entitled to retain for its own account all payments of the principal of and interest on the Subordinate Indebtedness pursuant to the Subordinate Loan Documents; provided that Subordinate Lender expressly agrees that it will not accept any such payment that is made more than 10 days in advance of its due date and provided further that Subordinate Lender will not accept any payment in an amount that exceeds 75% of then available Surplus Cash.
(d) Payments After Senior Loan Default or Bankruptcy.
(i) Immediately upon Subordinate Lender’s receipt of Notice or actual knowledge of a Senior Mortgage Default, Subordinate Lender will not accept any payments of the Subordinate Indebtedness, and the provisions of Section 3(d) of this Agreement will apply.
(ii) If Subordinate Lender receives any of the following, whether voluntarily or by action of law, after a Senior Mortgage Default of which Subordinate Lender has actual knowledge (or is deemed to have actual knowledge as provided in Section 4(c)) or has been given Notice, such will be received and held in trust for Senior Lender:
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(A) Any payment, property, or asset of any kind or in any form in connection with the Subordinate Indebtedness.
(B) Any proceeds from any Enforcement Action.
(C) Any payment, property, or asset in or in connection with any Bankruptcy Proceeding.
(iii) Subordinate Lender will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets described in Section 3(d)(ii) to Senior Lender. Senior Lender will apply any payment, asset, or property so received from Subordinate Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender determines in its sole and absolute discretion.
(e) Bankruptcy. Without the prior written consent of Senior Lender, Subordinate Lender will not commence, or join with any other creditor in commencing, any Bankruptcy Proceeding. In the event of a Bankruptcy Proceeding, Subordinate Lender will not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Lender has also voted affirmatively in favor of such plan.
4. Default Under Subordinate Loan Documents.
(a) Notice of Subordinate Loan Default and Cure Rights. (i) Subordinate Lender will deliver to Senior Lender a copy of each Notice delivered by Subordinate Lender pursuant to the Subordinate Loan Documents within 5 Business Days of sending such Notice to Borrower.
Neither giving nor failing to give a Notice to Senior Lender pursuant to this Section 4(a) will affect the validity of any Notice given by Subordinate Lender to Borrower.
(ii) For a period of 90 days following delivery to Senior Lender of an Enforcement Action Notice, Senior Lender will have the right, but not the obligation, to cure any Subordinate Mortgage Default. However, if such Subordinate Mortgage Default is a non-monetary default and is not capable of being cured within such 90-day period and Senior Lender has commenced and is diligently pursuing such cure to completion, Senior Lender will have such additional period of time as may be required to cure such Subordinate Mortgage Default or until such time, if ever, as Senior Lender takes either of the following actions:
(A) Discontinues its pursuit of any cure.
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(B) Delivers to Subordinate Lender Senior Lender’s written consent to the Enforcement Action described in the Enforcement Action Notice.
(iii) Senior Lender will not be subrogated to the rights of Subordinate Lender under the Subordinate Loan Documents as a result of Senior Lender having cured any Subordinate Mortgage Default.
(iv) Subordinate Lender acknowledges that all amounts advanced or expended by Senior Lender in accordance with the Senior Loan Documents or to cure a Subordinate Mortgage Default will be added to and become a part of the Senior Indebtedness and will be secured by the lien of the Senior Mortgage. (b) Subordinate Lender’s Exercise of Remedies After Notice to Senior Lender. (i) In the event of a Subordinate Mortgage Default, Subordinate Lender will not commence any Enforcement Action until 90 days after Subordinate Lender has delivered to Senior Lender an Enforcement Action Notice.
During such 90-day period or such longer period as provided in Section 4(a), Subordinate Lender will be entitled to seek specific performance to enforce covenants and agreements of Borrower relating to income, rent, or affordability restrictions contained in the Regulatory Agreement, subject to Senior Lender’s right to cure a Subordinate Mortgage Default set forth in Section 4(a).
(ii) Subordinate Lender may not commence any other Enforcement Action, including any foreclosure action under the Subordinate Loan Documents, until the earlier of:
(A) The expiration of such 90-day period or such longer period as provided in Section 4(a).
(B) The delivery by Senior Lender to Subordinate Lender of Senior Lender’s written consent to such Enforcement Action by
Subordinate Lender.
(iii) Subordinate Lender acknowledges that Senior Lender may grant or refuse consent to Subordinate Lender’s Enforcement Action in Senior Lender’s sole and absolute discretion. At the expiration of such 90-day period or such longer period as provided in Section 4(a) and, subject to Senior Lender’s right to cure set forth in Section 4(a), Subordinate Lender may commence any Enforcement Action.
(iv) Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any 174
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Enforcement Action Notice or Enforcement Action by Subordinate Lender. No action or failure to act on the part of Senior Lender in the event of a Subordinate Mortgage Default or commencement of an Enforcement Action will constitute a waiver on the part of Senior Lender of any provision of the Senior Loan Documents or this Agreement. (c) Cross Default. Subordinate Lender acknowledges that a Subordinate Mortgage Default constitutes a Senior Mortgage Default. Accordingly, upon the occurrence of a Subordinate Mortgage Default, Subordinate Lender will be deemed to have actual knowledge of a Senior Mortgage Default. If Subordinate Lender notifies Senior Lender in writing that any Subordinate Loan Default of which Senior Lender has received Notice has been cured or waived, as determined by Subordinate Lender in its sole discretion, then provided that Senior Lender has not conducted a sale of the Mortgaged Property pursuant to its rights under the Senior Loan Documents, any Senior Loan Default under the Senior Loan Documents arising solely from such Subordinate Loan Default will be deemed cured, and the Senior Loan will be reinstated.
5. Default Under Senior Loan Documents.
(a) Notice of Senior Loan Default and Cure Rights.
(i) Senior Lender will deliver to Subordinate Lender a copy of any Notice sent by Senior Lender to Borrower of a Senior Mortgage Default within 5 Business Days of sending such Notice to Borrower. Failure of Senior Lender to send Notice to Subordinate Lender will not prevent the exercise of Senior Lender’s rights and remedies under the Senior Loan Documents. (ii) Subordinate Lender will have the right, but not the obligation, to cure any monetary Senior Mortgage Default within 30 days following the date of such Notice. During such 30-day period Senior Lender will be entitled to continue to pursue its remedies under the Senior Loan Documents. (iii) Subordinate Lender may, within 90 days after the date of the Notice, cure a non-monetary Senior Mortgage Default if during such 90-day period, Subordinate Lender keeps current all payments required under the Senior Loan Documents. If such a non-monetary Senior Mortgage Default creates an unacceptable level of risk relative to the Mortgaged Property, or Senior Lender’s secured position relative to the Mortgaged Property, as determined by Senior Lender in its sole discretion, then during such 90-day period Senior Lender may exercise all available rights and remedies to protect and preserve the Mortgaged Property and the Rents, revenues and other proceeds from the Mortgaged Property.
(iv) All amounts paid by Subordinate Lender to Senior Lender to cure a Senior Mortgage Default will be deemed to have been advanced by Subordinate 175
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Lender pursuant to, and will be secured by the lien of, the Subordinate Mortgage. Notwithstanding anything in this Section 5(a) to the contrary, Subordinate Lender’s right to cure any Senior Mortgage Default will terminate immediately upon the occurrence of any Bankruptcy Proceeding. (b) Release of Mortgaged Property.
(i) Subordinate Lender consents to and authorizes any future release by Senior Lender of all or any portion of the Mortgaged Property from the lien, operation, and effect of the Senior Loan Documents. Subordinate Lender waives to the fullest extent permitted by law, all equitable or other rights it may have in connection with the release of all or any portion of the Mortgaged Property, including any right to require Senior Lender to do any of the following:
(A) To conduct a separate sale of any portion of the Mortgaged Property.
(B) To exhaust its remedies against all or any portion of the Mortgaged Property or any combination of portions of the Mortgaged Property or any other collateral for the Senior Indebtedness.
(C) To proceed against Borrower, any other party that may be liable for any of the Senior Indebtedness (including any general partner of Borrower if Borrower is a partnership), all or any portion of the Mortgaged Property or combination of portions of the Mortgaged Property or any other collateral, before proceeding against all or such portions or combination of portions of the Mortgaged Property as Senior Lender determines. Subordinate Lender waives to the fullest extent permitted by law any and all benefits under California Civil Code Sections 2845, 2849 and 2850.
(ii) Subordinate Lender consents to and authorizes, at the option of Senior Lender, the sale, either separately or together, of all or any portion of the Mortgaged Property. Subordinate Lender acknowledges that without Notice to Subordinate Lender and without affecting any of the provisions of this Agreement, Senior Lender may do any of the following:
(A) Extend the time for or waive any payment or performance under the Senior Loan Documents.
(B) Modify or amend in any respect any provision of the Senior Loan Documents.
(C) Modify, exchange, surrender, release, and otherwise deal with any additional collateral for the Senior Indebtedness.
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(c) Termination Upon Foreclosure. The lien of the Subordinate Loan Documents will automatically terminate upon the acquisition by Senior Lender or by a third-party purchaser of title to the Mortgaged Property pursuant to a foreclosure of, deed in lieu of foreclosure, or trustee’s sale or other exercise of a power of sale or similar disposition under the Senior Mortgage.
6. Conflicts. If there is any conflict or inconsistency between the terms of the Subordinate Loan Documents and the terms of this Agreement, then the terms of this Agreement will control. Borrower acknowledges that the terms and provisions of this Agreement will not, and will not be deemed to do any of the following:
(a) Extend Borrower’s time to cure any Senior Loan Default or Subordinate Loan Default.
(b) Give Borrower the right to receive notice of any Senior Loan Default or Subordinate Loan Default, other than that, if any, provided, respectively under the Senior Loan Documents of the Subordinate Loan Documents. (c) Create any other right or benefit for Borrower as against Senior Lender or Subordinate Lender.
7. Rights and Obligations of Subordinate Lender Under the Subordinate Loan Documents and of Senior Lender under the Senior Loan Documents. (a) Insurance.
(i) All requirements pertaining to insurance under the Subordinate Loan Documents (including requirements relating to amounts and types of coverages, deductibles and special endorsements) will be deemed satisfied if Borrower complies with the insurance requirements under the Senior Loan Documents and of Senior Lender.
(ii) All original policies of insurance required pursuant to the Senior Loan Documents will be held by Senior Lender.
(iii) Nothing in this Section 7(a) will preclude Subordinate Lender from requiring that it be named as a mortgagee and loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of Loss Proceeds, or that Subordinate Lender be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Mortgaged Property.
(b) Condemnation or Casualty.
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In the event of a Condemnation or a Casualty, the following provisions will apply:
(i) The rights of Subordinate Lender (under the Subordinate Loan Documents or otherwise) to participate in any proceeding or action relating to a Condemnation or a Casualty, or to participate or join in any settlement of, or to adjust, any claims resulting from a Condemnation or a Casualty, will be and remain subordinate in all respects to Senior Lender’s rights under the Senior Loan Documents, and Subordinate Lender will be bound by any settlement or adjustment of a claim resulting from a Condemnation or a Casualty made by Senior Lender.
(ii) All Loss Proceeds will be applied either to payment of the costs and expenses of Restoration or to payment on account of the Senior Indebtedness, as and in the manner determined by Senior Lender in its sole discretion; provided however, Senior Lender agrees to consult with Subordinate Lender in determining the application of Casualty proceeds.
In the event of any disagreement between Senior Lender and Subordinate Lender over the application of Casualty proceeds, the decision of Senior Lender, in its sole discretion, will prevail.
(iii) If Senior Lender holds Loss Proceeds, or monitors the disbursement of Loss Proceeds, Subordinate Lender will not do so. Nothing contained in this Agreement will be deemed to require Senior Lender to act for or on behalf of Subordinate Lender in connection with any Restoration or to hold or monitor any Loss Proceeds in trust for or otherwise on behalf of Subordinate Lender, and all or any Loss Proceeds may be commingled with any funds of Senior Lender.
(iv) If Senior Lender elects to apply Loss Proceeds to payment on account of the Senior Indebtedness, and if the application of such Loss Proceeds results in the payment in full of the entire Senior Indebtedness, any remaining Loss Proceeds held by Senior Lender will be paid to Subordinate Lender unless another party has asserted a claim to the remaining Loss Proceeds.
(c) Modification of Subordinate Loan Documents. Subordinate Lender agrees that, until the principal of, interest on and all other amounts payable under the Senior Loan Documents have been paid in full, it will not, without the prior written consent of Senior Lender, increase the amount of the Subordinate Loan, increase the required payments due under the Subordinate Loan, decrease the term of the Subordinate Loan, increase the interest rate on the Subordinate Loan, or otherwise amend the Subordinate Loan terms in a manner that creates an adverse effect upon Senior Lender under the Senior Loan Documents. If Subordinate Lender either (i) amends the Subordinate Loan Documents in the manner set forth above 178
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or (ii) assigns the Subordinate Loan without Senior Lender’s consent then such amendment or assignment will be void ab initio and of no effect whatsoever. (d) Modification of Senior Loan Documents. Senior Lender may amend, waive, postpone, extend, renew, replace, reduce or otherwise modify any provisions of the Senior Loan Documents without the necessity of obtaining the consent of or providing Notice to Subordinate Lender, and without affecting any of the provisions of this Agreement. Notwithstanding the foregoing, Senior Lender may not modify any provision of the Senior Loan Documents that increases the Senior Indebtedness, except for increases in the Senior Indebtedness that result from advances made by Senior Lender to protect the security or lien priority of Senior Lender under the Senior Loan Documents or to cure defaults under the Subordinate Loan Documents.
(e) Commercial or Retail Leases. If requested, Subordinate Lender will enter into attornment and non-disturbance agreements with all tenants under commercial or retail Leases, if any, to whom Senior Lender has granted attornment and nondisturbance, on the same terms and conditions given by Senior Lender. (f) Consent Rights. Whenever the Subordinate Loan Documents give Subordinate Lender approval or consent rights with respect to any matter, and a right of approval or consent for the same or substantially the same matter is also granted to Senior Lender pursuant to the Senior Loan Documents or otherwise, Senior Lender’s approval or consent or failure to approve or consent will be binding on Subordinate Lender. None of the other provisions of Section 7 are intended to be in any way in limitation of the provisions of this Section 7(f). (g) Escrows. Except as provided in this Section 7(g), and regardless of any contrary provision in the Subordinate Loan Documents, Subordinate Lender will not collect any escrows for any cost or expense related to the Mortgaged Property or for any portion of the Subordinate Indebtedness. However, if Senior Lender is not collecting escrow payments for one or more Impositions, Subordinate Lender may collect escrow payments for such Impositions; provided that all payments so collected by Subordinate Lender will be held in trust by Subordinate Lender to be applied only to the payment of such Impositions.
(h) Certification. Within 10 days after request by Senior Lender, Subordinate Lender will furnish Senior Lender with a statement, duly acknowledged and certified setting forth the then-current amount and terms of the Subordinate Indebtedness, confirming that there exists no default under the Subordinate Loan Documents (or describing any default that does exist), and certifying to such other information with respect to the Subordinate Indebtedness as Senior Lender may request.
8. Refinancing. Subordinate Lender agrees that its agreement to subordinate under this Agreement will extend to any new mortgage debt which is for the purpose of refinancing all or any part of the Senior Indebtedness (including reasonable and necessary costs 179
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associated with the closing and/or the refinancing, and any reasonable increase in proceeds for rehabilitation in the context of a preservation transaction). All terms and covenants of this Agreement will inure to the benefit of any holder of any such refinanced debt, and all references to the Senior Loan Documents and Senior Lender will mean, respectively, the refinance loan documents and the holder of such refinanced debt.
9. Governmental Powers. Nothing in this Agreement is intended, nor will it be construed, to in any way limit the exercise by Subordinate Lender of its governmental powers (including police, regulatory and taxing powers) with respect to Borrower or the Mortgaged Property to the same extent as if it were not a party to this Agreement or the transactions contemplated by this Agreement.
10. Notices.
(a) Any Notice required or permitted to be given pursuant to this Agreement will be in writing and will be deemed to have been duly and sufficiently given if (i) personally delivered with proof of delivery (any Notice so delivered will be deemed to have been received at the time so delivered), or (ii) sent by a national overnight courier service (such as FedEx) designating earliest available delivery (any Notice so delivered will be deemed to have been received on the next Business Day following receipt by the courier), or (iii) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any Notice so sent will be deemed to have been received on the date of delivery as confirmed by the return receipt), addressed to the respective parties as follows:
Notices intended for Senior Lender will be addressed to:
Walker & Dunlop, LLC
7272 Wisconsin Avenue, Suite 1300
Bethesda, Maryland 20814
Attention: Servicing
Notices intended for Subordinate Lender will be addressed to:
City of Oakley
3633 Main Street
Oakley, California 94561
Attention: Executive Director/ City Manager
(b) Any party, by Notice given pursuant to this Section 10, may change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses, for its Notices, but Notice of a change of address will only be effective upon receipt. Neither party will refuse or reject delivery of any Notice given in accordance with this Section 10. 180
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11. Miscellaneous Provisions.
(a) Assignments/Successors. This Agreement will be binding upon and will inure to the benefit of the respective legal successors and permitted assigns of the parties to this Agreement. No other party will be entitled to any benefits under this Agreement, whether as a third-party beneficiary or otherwise. This Agreement may be assigned at any time by Senior Lender to any subsequent holder of the Senior Note.
(b) No Partnership or Joint Venture. Nothing in this Agreement or in any of the Senior Loan Documents or Subordinate Loan Documents will be deemed to constitute Senior Lender as a joint venturer or partner of Subordinate Lender. (c) Further Assurances. Upon Notice from Senior Lender, Subordinate Lender will execute and deliver such additional instruments and documents, and will take such actions, as are required by Senior Lender to further evidence or implement the provisions and intent of this Agreement.
(d) Amendment. This Agreement may be amended, changed, modified, altered or terminated only by a written instrument signed by the parties to this Agreement or their successors or assigns.
(e) Governing Law. This Agreement will be governed by the laws of the State in which the Land is located.
(f) Severable Provisions. If any one or more of the provisions contained in this Agreement, or any application of any such provisions, is invalid, illegal, or unenforceable in any respect, the validity, legality, enforceability, and application of the remaining provisions contained in this Agreement will not in any way be affected or impaired.
(g) Term. The term of this Agreement will commence on the date of this Agreement and will continue until the earliest to occur of the following events:
(i) The payment of all the Senior Indebtedness; provided that this Agreement will be reinstated in the event any payment on account of the Senior Indebtedness is avoided, set aside, rescinded or repaid by Senior Lender. (ii) The payment of all the Subordinate Indebtedness other than by reason of payments which Subordinate Lender is obligated to remit to Senior Lender pursuant to this Agreement.
(iii) The acquisition by Senior Lender or by a third-party purchaser of title to the Mortgaged Property pursuant to a foreclosure of, deed in lieu of foreclosure, or trustee’s sale or other exercise of a power of sale or similar disposition under the Senior Mortgage.
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(iv) With the prior written consent of Senior Lender, without limiting the provisions of Section 4(b)(iv), the acquisition by Subordinate Lender of title to the Mortgaged Property subject to the Senior Mortgage pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale under) the Subordinate Mortgage.
(h) Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument.
(i) Entire Agreement. This Agreement represents the entire understanding and agreement between the parties regarding the matters addressed in this Agreement, and will supersede and cancel any prior agreements regarding such matters. (j) Authority. Each person executing this Agreement on behalf of a party to this Agreement represents and warrants that such person is duly and validly authorized to do so on behalf of such party with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations under this Agreement.
(k) No Waiver. No failure or delay on the part of any party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of such right, power, or remedy, nor will any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy or the exercise of any other right, power or remedy under this Agreement.
(l) Remedies. Each party to this Agreement acknowledges that if any party fails to comply with its obligations under this Agreement, the other parties will have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. [SIGNATURE AND ACKNOWLEDGMENT PAGES FOLLOW]
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IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written.
SENIOR LENDER:
WALKER & DUNLOP, LLC,
a Delaware limited liability company
By: ________________________________ (SEAL)
Aisha James
Senior Closing Officer
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF MARYLAND )
) ss:
COUNTY OF ANNE ARUNDEL )
On ____________________, 2022, before me, ______________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of ____________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature__________________________
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SUBORDINATE LENDER:
SUCCESSOR TO THE OAKLEY
REDEVELOPMENT AGENCY
By: ______________________________________
Name: ___________________________________
Title: ____________________________________
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ___________ )
On ____________________, 2022, before me, ______________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature__________________________
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CONSENT OF BORROWER
Borrower acknowledges receipt of a copy of this Subordination Agreement, dated ___________________, 2022, by and between WALKER & DUNLOP, LLC AND THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY and consents to the agreement of the parties set forth in this Agreement.
BORROWER:
OAKLEY SENIOR ASSOCIATES, A CALIFORNIA LIMITED
PARTNERSHIP,
a California limited partnership
By: TPC Holdings I, LLC,
an Idaho limited liability company,
doing business in California as ROOPE L.L.C.,
its General Partner
By: ______________________________(SEAL)
Caleb Roope
Manager
By: Better Opportunities Builder, Inc.,
a California nonprofit public benefit corporation,
its Managing General Partner
By: ________________________________(SEAL)
Michael Duarte
Chief Executive Officer
By: _____________________________________(SEAL)
William R. Spann
General Partner
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Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ___________ )
On ____________________, 2022, before me, ______________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature__________________________
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Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ___________ )
On ____________________, 2022, before me, ______________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature__________________________
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Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ___________ )
On ____________________, 2022, before me, ______________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature__________________________
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is in the State of California, County of Contra Costa, an Unincorporated area, and is described as follows:
Parcel B of Minor Subdivision 163-79 filed May 9, 1980, in Book 86 of Parcel Maps, Page 12, Contra Costa County Records.
EXCEPTING THEREFROM:
All oil, gas, minerals and other hydrocarbon substances, below a depth of 500 feet, but without the right of surface entry, as reserved in the Deed from Grace Muma, et al, recorded June 24, 1975 in Book 7547, Page 383, Series No. 55124, Official Records. 189
STAFF REPORT
Approved and Forwarded to the City
Council Commission
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Planning Manager with Ascent Environmental, Inc. (Housing Element Update Consultants)
SUBJECT: Public Review Draft of 2023-2031 Housing Element Update Summary
This is a presentation by Ascent Environmental (Oakley’s Housing Element Consultants) on the public review draft of the 2023-2031 Housing Element Update to receive public comments and consensus feedback from the City Council.
Housing Element Overview
The Housing Element is one of the mandatory elements that must be included in City’s General Plan. State law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community.
Unlike other mandatory general plan elements, the Housing Element is required to be updated every eight years according to a State-mandated schedule and must be reviewed and certified by the California Department of Housing and Community Development (“HCD”) for compliance with State law.
The Housing Element includes the following major components:
Housing Needs Assessment: Provides demographic and housing need information.
Constraints Analysis: Analyzes existing and potential constraints to the development of housing and how those will be addressed. Housing Sites Inventory and Analysis: Identifies sites available for development or redevelopment and that are appropriately zoned to support housing development to accommodate the City’s Regional Housing Needs Allocation (“RHNA”).
Fair Housing Assessment: A new requirement to analyze fair housing issues and include strategies to affirmatively further fair housing (“AFFH”). Housing Resources: Identifies financial and other resources available to support housing development, especially affordable housing.
190
Subject: Public Review Draft of 2023-2031 Housing Element Update Date: July 12, 2022