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, June 13, 2023
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.
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 public 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
1.3 Proclamation Recognizing June as LGBTQ+ Pride Month (Jimmy Ramirez, Oakley Planning Commissioner; David Carrillo, Executive Director and Kevin Martin, Empowerment Program Coordinator and Training Manager, Center for Human Development's Empowerment Program)
Proclamation
1.4 Update from Contra Costa County Water District Director Connstance Holdaway and Oliver Symonds, Senior Public Information Specialist
1.5 Update from Contra Costa Mosquito and Vector Control District (Michael Krieg, Board Trustee)
2 1.6 Youth Council Report and Recognition from the National Alliance on Mental Illness (NAMI) (Lindsey Bruno, Recreation Manager)
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.
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. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor.
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting Held May 23, 2023 (Libby Vreonis, City Clerk) Minutes 05-23-23
3.2 Accept Report Out of Closed Session Memo (Derek P. Cole, City Attorney) Memo
3.3 Acceptance of work associated with the Holly Creek Park Restroom Construction Project – Capital Improvement Project Number 248 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Notice of Completion
3.4 Award the City Parks and Landscape Maintenance Services Contract to Terracare Associates for Fiscal Year 2023/24 and Fiscal Year 2024/25 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Proposal
2. Resolution
3 3.5 Award of Construction Contract to R & R Pacific Construction, Inc. for the Construction of Fiscal Year (FY) 2022/23 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 279 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Bid Summary
3.6 Acceptance of Subdivision Improvements Associated with the Oakley Logistics Center (Phase 1) Subdivision 9513 located at Bridgehead Road and Wilbur Avenue (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Subdivision 9513 Location Map
3.7 Acceptance of Subdivision Improvements Associated with the Oakley Logistics Center (Phase 2) Subdivision 9549 located at Wilbur Avenue and Industrial Way (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Subdivision 9549 Location Map
3.8 Annexation Number 34 (Brownstone Subdivision 8803) to the City of Oakley Community Facilities District Number 2015-2 (Parks, Streetlight, Landscape, and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Unanimous Approval Form
2. Resolution Approving Annexation No. 34
3. Amended Boundary Map
4. Amendment to Notice of Special Tax Lien
3.9 Accepting the Subdivision Improvements Associated with Stonewood Unit 1A Subdivision 7662 located at southwest corner of Rose Avenue and Longhorn Way (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Vicinity Map
4 3.10 Consideration of a Resolution Authorizing the Purchase of a 2023 Chevrolet Silverado 2500 HD for $55,858.54 from California Automotive Retailing Group, Inc. DBA Dublin Chevrolet (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
3.11 Adopt a Resolution Approving a list of projects for Fiscal Year 2023/2024 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
3.12 Creating Zone 188 within the Oakley Special Police Tax Area consisting of the Honey Creekside project (Subdivision 9579) located at 463 and 560 Honey Lane (APNs 033-030-028 and 033-030-032) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution Creating Oakley Special Police Tax Zone 188 1A. Exhibit A - Diagram
2. Ordinance Establishing a Special Tax
1A. Exhibit A - Diagram
2B. Exhibit B - Schedule for Police Service Tax
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 2023-24 for the City of Oakley Street Lighting and Landscape Assessment District No. 1 (Kevin Rohani, P.E., Public Works Director/City Engineer) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Request information from the City Clerk as to whether any written protests have been filed and what level of assessable land the protests represent in order to determine whether a majority protest exists 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution
Staff Report
1. Resolution
2. Final Engineer's Report
4.2 Machado Lane Subdivision 9615 Rezone, Vesting Tentative Map, Final Development Plan, and Design Review (RZ 06-21, TM 03-21, FDP 01-21, DR 10-21) – Request for approval of a Rezone to P-1 (Planned Unit Development) 5 District, a Vesting Tentative Map to subdivide approximately 20.11 acres into 76 single family residential lots, a Final Development Plan in conjunction with the P-1 District, and Design Review. APNs 033-190-003 and 033-190-004 and Adoption of a Mitigated Negative Declaration Findings, this Project, with Mitigations, Would not Require the Adoption of an Environmental Impact Report Under the California Environmental Quality Act. (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) Introduce the Ordinance 10) Adopt the Resolution
Staff Report
1. Vicinity Map
2. Notice of Public Hearing
3. Applicant's Plans
4. Machado Lane Subdivision - Notice of Intent to Adopt a Mitigated Negative Declaration
5. Machado Lane Subdivision - Initial Study/Mitigated Negative Declaration 5a. Errata to Machado Lane Subdivision CEQA Documents
5b. Machado Lane Subdivision - Responses to Comments on IS/MND
6. Planning Commission Staff Report from February 7, 2023
7. Planning Commission Meeting Minutes from February 7, 2023
8. Planning Commission Resolution 4-23
9. Proposed Ordinance
10. Proposed Resolution
10a. Proposed Resolution Exhibit "A" Mitigation Monitoring Program
4.3 Consideration of an Ordinance to Update Mitigation Fees Imposed to Implement the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (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 Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Introduce the Ordinance
Staff Report
1. Notice of Public Hearing
2. East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study (February 2023)
3. Proposed Ordinance with Exhibit A-E
5.REGULAR CALENDAR
5.1 Consideration of Resolutions Adopting the Fiscal Year 2023-2024 Proposed Operating Budget, Statement of Financial Policies, Appropriations Limit, Adopting the Fiscal Year 2023-2024 Capital Budget and 5-Year Capital 6 Improvement Program (CIP) for Fiscal Years 2023-2024 through 2027-2028 and Making Findings Related Thereto, and Approving Additional Sworn Police Positions on a Temporary Basis (Tim Przybyla, Finance Director) Staff Report
1. Proposed Operating Budget for Fiscal Year 2023-2024 and Proposed Capital Budget for Fiscal Year 2023-2024 and Recommended 5-Year Capital Improvement Plan for Fiscal Years 2023-2024 through 2027-2028
2. Internal Controls Report
3. First Resolution
4. Second Resolution
5. Third Resolution (pertaining to over-hiring of Police Officers)
5.2 Selection of Non-Profit Organizations to Operate Beer and Wine Concessions at select City Special Events (Lindsey Bruno, Recreation Director) Staff Report
1. RFP from Rotary Club of Oakley
2. RFP from East County All Star Fundraising
3. FPPC Response to Advice No. A-23-059
5.3 Authorization for the City Manager to Execute a Purchase and Sale Agreement with Thomas Properties Inc. for the sale of property located at 1033 Main Street and 5400 Neroly Road (APN 037-050-013 and APN 037-050-014) (Harumi Murata, Economic Development Analyst)
Staff Report
1. Overview of the proposed retail development projects
2. Draft Purchase and Sale Agreement
3. Draft Resolution
5.4 Adoption of Resolution Authorizing the Mayor to Execute an Amendment to the City Manager’s Employment Agreement Providing for an Increase in Salary from $250,000 to $277,500 Annually (Derek Cole, City Attorney) Staff Report
1. Resolution
2. Amendment to City Manager Employment Agreement
5.5 Adopt a Resolution approving the Salary Schedule for Fiscal Year 2023/2024 and authorizing the addition and removal of specific job classifications (Jeri Tejeda, Human Resources Director)
Staff Report
1. Resolution
2. 2023-2024 Salary Schedule
3. Administrative Technician Job Description
4. Resolution 26-23 Compensation and Benefits General Staff 7 5. Resolution 27-23 Compensation and Benefits Police Management Staff
6. Proposed City Manager Contract Amendment
6.REPORTS
6.1 CITY MANAGER
(a) City Manager
(b) Fireworks Update
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 55-Acre Park Discussion (Joshua McMurray, City Manager and Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. 2019 55-Acre Park Master Plan
8.CLOSED SESSION
8.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Letter dated May 25, 2023 received from Electronic Frontier Foundation and ACLU of Northern California concerning use of automated license plate readers
Electronic Frontier Foundation and ACLU Letter
8.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
County of Contra Costa et al. (and City of Oakley) v. Monsanto Company et al., Contra Costa Sup. Ct. Case No. C22-02818
Schaefers v. BNSF Railway Company et. al. (and City of Oakley), Contra Costa 8 Sup. Ct. Case Nos. C22-01552 and C22-01555
McCalister v. Moeckel at al. (and City of Oakley), Contra Costa Sup. Ct. Case No.
C23-00834
City of Oakley v. Scelsi, Contra Costa Sup. Ct. Case No. MSN16-1620
9.ADJOURN
9 PROCLAMATION
LGBTQ+ PRIDE MONTH-JUNE 2023
WHEREAS, the City of Oakley is a welcoming community and an exceptional place to live, learn, work, play, and raise a family; and
WHEREAS, the nation was founded upon and is guided by a set of principles that includes that every person has been created equal, that each has rights to their life, liberty, and pursuit of happiness, and that each shall be afforded the full recognition and protection of the law; and WHEREAS, the City of Oakley recognizes the importance of equality and freedom, and is dedicated to fostering acceptance of all its citizens and preventing discrimination and bullying based on sexual orientation and gender identity; and
WHEREAS, the City of Oakley is strengthened by the rich diversity of ethnic, cultural, racial, gender, and sexual identities of its residents; all of which contribute to the vibrant character of the City; and WHEREAS, many of the residents, students, city employees, and business owners within the City of Oakley who contribute to the enrichment of the City are part of the lesbian, gay, bisexual, transgender, and questioning community; and
WHEREAS, June has become a symbolic month in which lesbians, gay men, bisexual people, transgender, questioning, and supporters come together in various celebrations of pride.
NOW, THEREFORE, BE IT RESOLVED that we, the Oakley City Council, do hereby proclaim June 2023 as LGBTQ+ Pride Month in Oakley and encourage all residents to recognize the contributions made by members of the LGBTQ+ community and to actively promote the principles of equality and liberty.
DATED: June 13, 2023
10 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority held
May 23, 2023
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 Aaron Meadows called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag
O’Hara Park Middle School students Adrianne Orais and Ashley Hopwood led the Pledge of Allegiance to the Flag.
1.3 Train Platform Update (Tamika Smith, San Joaquin Regional Rail Commission, Director of Rail Services)
Tamika Smith, San Joaquin Regional Rail Commission, Director of Rail Services, provided a PowerPoint presentation.
Councilmember Fuller inquired about the projected ridership now, if it is expected to be as it was originally before the pandemic, how they compare to other rail and transit systems, i.e. BART, and about the Cross Valley bus system going west from the foothills.
Ms. Smith shared their resilience during the pandemic and how they compare to other systems.
She indicated she would respond through the City Manager regarding projected ridership and the status of the bus system.
Vice Mayor Williams requested the presentation slide regarding the transit connection be provided on the City’s website.
2) PUBLIC COMMENTS
None.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held May 9, 2023 (Libby Vreonis, City Clerk)
11 3.2 Acceptance of work associated with Capital Improvement Project Number 275 - Fiscal Year 2022/23 Curb, Gutter, & Sidewalk Repair and Replacement Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.3 Acceptance of work associated with Capital Improvement Project Number 276 - Fiscal Year 2022/23 Street Restriping Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
There were no public comments. It was moved by Councilmember Fuller and seconded by Councilmember Shaw to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0)
4) PUBLIC HEARINGS
4.1 Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees and Refuse Fees (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report.
There were no questions from the Council. Mayor Meadows opened the public hearing; there being no public comments, he closed the public hearing. There was no deliberation by the Council.
It was moved by Councilmember Henderson and seconded by Vice Mayor Williams to adopt the resolution. Motion was unanimous and so ordered. (5-0)
5) REGULAR CALENDAR
5.1 Strategic Plan SP 27+ Update (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report.
Vice Mayor Williams requested a color-coded dashboard on the City’s website for people to see the City’s progress on the Strategic Plan which Councilmember Shaw also supported but without use of the color red. Mayor Meadows also supported it.
An audience member inquired about the Strategic Plan and asked whom to speak with regarding their family property.
Mr. McMurray explained the Strategic Plan and provided his business card to her.
Councilmember Fuller requested clarification regarding suggestions made by Vice Mayor Williams and Councilmember Shaw.
Mayor Meadows summarized that Vice Mayor Williams and Councilmember Shaw would like to have the multipage spreadsheet on the City’s website with anything completed or in progress highlighted for the public.
It was moved by Councilmember Fuller and seconded by Vice Mayor Williams to accept the update as presented. Motion was unanimous and so ordered. (5-0) 12 Item 4.1 (return)
Mayor Meadows requested to return to Item 4.1 to make a comment.
It was moved by Councilmember Fuller and seconded by Councilmember Shaw to suspend the rules of procedure to allow Mayor Meadows to make a comment on item 4.1. Motion was unanimous and so ordered. (5-0)
Mayor Meadows mentioned shared he would like to see Oakley-based businesses pay the same as Oakley residents and non-Oakley businesses to pay the tier 4 pricing.
Recreation Director Lindsey Bruno inquired if he is referring to Oakley-based businesses having a valid business license and Mayor Meadows confirmed that is correct.
City Attorney Derek Cole opined the item should be brought back to the Council at a future meeting to be properly agendized as Oakley-based businesses and non-Oakley-based businesses are being distinguished which the current agenda does not reflect. 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the following events at Civic Center Plaza/Park:
Memorial Day Remembrance, Saturday, May 27th,10:00 a.m. Friday Night Bites and Concert in the Park, Friday, June 2nd Retro Summer Block Party with movie, Honey, I Shrunk the Kids, June 3rd Inaugural Juneteenth Celebration, June 17th, 10:00 a.m.-1:00 p.m.
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
Councilmember Shaw reported that the Ironhouse Sanitary District meeting was canceled, she attended the Water Safety Day event Sunday, and the Tri-Delta Transit meeting is tomorrow.
Councilmember Henderson mentioned the bass tournament was held this past weekend which brought a lot of activity to the area. He reported he attended the swearing-in ceremony yesterday for Oakley’s 39th Police Officer.
Councilmember Fuller reported he attended the 164th commencement ceremony at the University of San Francisco last Friday where he received his Doctor of Education in Special Education with an emphasis on Disability Studies. He thanked everyone for the gift. He mentioned the next ABAG meeting will be held June 16thand as a voting member he will be sure to provide the agenda when it becomes available and receive comments. He mentioned his last time at the general assembly, there was discussion that coastal cities are joining to take a petition to the state to take back local control, especially in Berkeley where they are behind on their RHNA requirements; they want to be excused from RHNA requirements and for a bond to 13 be issued to developers that would have incentive and assistance to build in open areas of the state such as Oakley, Brentwood and other regions heading east through the Delta which are all vulnerable because coastal cities are in population centers and eastern cities do not carry that same population, so he would like to bring together local cities in this area including Rio Vista, Stockton, Sacramento, Lodi, and Elk Grove, to oppose coastal cities being excused of RHNA requirements and building being shifted eastwardly.
Mayor Meadows reported he attended the Contra Costa Transportation Authority meeting, TRANSPLAN meeting, and the swearing-in ceremony.
(b) Requests for Future Agendas
Mayor Meadows requested the fee schedule for Oakley-based businesses requesting to use the Recreation Center be brought back for the Council to consider the same fee as for Oakleybased residents. It was supported by Vice Mayor Williams.
Vice Mayor Williams requested an update on fireworks with 4th of July coming up. Mayor Meadows suggested adding the update to social media.
7) WORK SESSIONS
None.
8) CLOSED SESSION
8.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
8.2 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Meadows, Vice Mayor Williams, City Attorney Cole
Unrepresented employee: City Manager
Mayor Meadows announced the Closed Session items and mentioned the meeting will be adjourned after Closed Session. The Council heard the items in its antechamber. 9) ADJOURN
There being no further business, the meeting was adjourned at 8:05 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk
14 Date: May 24, 2023
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 JUNE 13, 2023 Background and Analysis
The City Council considered the following closed session item during its regular meeting held May 23, 2023:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: Mayor Meadows, Vice Mayor Williams, City Attorney Cole
Unrepresented employee: 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
15 DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Acceptance of work associated with the Holly Creek Park Restroom Construction Project – Capital Improvement Project Number 248 ______________________________________________________________________ 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 demand for usage of the City of Oakley recreational fields has grown over the years for organized sports for the Baseball and Soccer leagues. The field at Holly Creek Park is one of the preferred locations and one of the highly sought after fields in Oakley for leagues to play their sporting activities. With the increased usage, it was a necessity to have a permanent restroom facility to replace the use of portable toilets at this park. The restroom facility eliminates operational and sanitary issues that have been a problem with the use of portable toilets. In addition, a water fountain was constructed to complement the new restroom facility.
On August 10, 2021, the City Council awarded a contract to McNabb Construction for the Holly Creek Park Restroom Construction Project. This work has been successfully completed by McNabb Construction and Community residents are now enjoying the new restroom facility.
Consistency with the Oakley Strategic Plan 27+ This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The authorized budget for the construction of this project was $265,298. This project was completed under the authorized budget in the amount of $265,155.56.
STAFF REPORT
Approved and Forwarded to the City Council
16 Pursuant to the contract documents, 5% of the accrued costs were withheld from the amount paid to the contractor. These funds are called “retention,” and are held until the end of the project to ensure that the contractor completes the project in a timely manner.
Approval of this item will authorize the release of the retention payment to the contractor.
The retention was already budgeted as part of the contract and change order approvals, so there is no additional fiscal impact associated with this action.
Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting Capital Improvement Project Number 248 – Holly Creek Park Restroom Construction Project as constructed by McNabb Construction to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder.
Attachments
1. Resolution
2. Notice of Completion
17 Resolution No. __-23 Page 1
RESOLUTION NO. __-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ACCEPTING THE WORK AS COMPLETE BY MCNABB CONSTRUCTION FOR CAPITAL IMPROVEMENT PROJECT NUMBER 248 – HOLLY CREEK PARK
RESTROOM CONSTRUCTION PROJECT
WHEREAS, on August 10, 2021, by adopting Resolution No. 96-21 the City Council awarded a construction contract to McNabb Construction for the construction of the Holly Creek Park Restroom Construction Project – CIP No. 248; and
WHEREAS, McNabb Construction has satisfied the contractual requirements necessary for the acceptance of the Holly Creek Park Restroom Construction Project to be deemed complete in the final amount of $265,155.56.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Holly Creek Park Restroom Construction Project – CIP No. 248 is hereby accepted as complete.
BE IT FURTHER RESOLVED AND ORDERED, that the City Clerk is hereby directed to file a Notice of Completion for the Holly Creek Park Restroom Construction Project – CIP No. 248 with the County Recorder.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 13th of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Aaron Meadows, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
18 WHEN RECORDED MAIL TO:
City Clerk
City Of Oakley
3231 Main Street
Oakley, CA 94561
RECORDING REQUESTED BY:
City Of Oakley
3231 Main Street
Oakley, CA 94561
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
NOTICE OF COMPLETION
Capital Improvement Project Number 248 – Holly Creek Park Restroom Construction Project
NOTICE IS HEREBY GIVEN THAT:
The CITY OF OAKLEY, a political subdivision of the State of California, did, on August 10, 2021, enter into an agreement with McNabb Construction for the construction of Capital Improvement Project (CIP) Number 248 – Holly Creek Park Restroom Construction Project, with work located at 4758 Hagar Court, Oakley, CA. 94561.
The Owner’s nature of interest or estate in the property described below is in fee.
The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete CIP Number 248 – Holly Creek Park Restroom Construction Project.
On June 13, 2023, said contract, as a whole was completed and the work was accepted by the City Council of the City of Oakley.
______________________________________________________________________
VERIFICATION
I have read the foregoing NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed this 13th day of June 2023 at Oakley, California.
Date: ______________ By:
Libby Vreonis, City Clerk
City of Oakley, California
PURSUANT TO GOVERNMENT CODE
§6103 NO FEE IS REQUIRED FOR THE
RECORDATION OF THIS DOCUMENT
19 STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of contract to Terracare Associates, LLC for City Parks and Landscape Maintenance Services
Background and Analysis
The City of Oakley is responsible for the maintenance and operation of over 37 public parks, an assortment of street median and planter landscaping, and multiple facilities which include the Civic Center Campus and Oakley Plaza. It is of critical importance that these parks and facilities are maintained to high standards to show a positive image for the community and enhance the quality of life for the residents.
In an effort to efficiently and professionally maintain the City’s parks, landscaping, and facility assets, the City utilizes the services of contractors. The City hires contractors to perform these major maintenance tasks, since the City does not currently have the large in-house staffing and support facilities to perform these services.
To ensure that the City of Oakley receives quality maintenance service, keeping the community’s parks and facilities in the best condition, staff prepared a Request for Proposal (RFP) to select a landscape maintenance company to provide this service.
The last time an RFP was issued was in 2018 and since then the City’s inventory of parks and landscaping areas have increased and are expected to continue this upward path as new development projects construct new parks and landscaping.
The scope of work in this new RFP which was publicly published includes care and maintenance of turf, shrub/planter beds, weed control, irrigation maintenance, and fertilization. The scope of work is comprehensive and focused on all key elements of landscaping and irrigation services, which are needed to keep the public parks and landscaping areas to the highest standards for the community. The new RFP covered the intricate details of landscaping and irrigation maintenance service based on past experiences to ensure the City will receive a very professional and comprehensive maintenance service.
The City received two (2) proposals responding to the RFP from Terracare Associates, LLC ($1,799,832.00) and Brightview Landscaping Inc. ($1,734,999.96). Terracare 20 Associates, LLC is the current company who performs park and landscaping maintenance services for the City of Oakley, in addition to providing similar services for several municipalities in the East County region.
The proposals from the respective companies for park and landscape maintenance services were reviewed in detail by staff to ensure all of the content was based on the requirements of the RFP. The RFP selection process was not based solely on the lowest cost alone, staff reviewed each proposer for apparent strengths and specialties as well as client references, staffing levels, responsiveness to address urgent requests, and competitive cost.
Based on staff review and past expertise with these companies, staff concluded that Terracare Associates, LLC provided a superior proposal and will be best suited to provide continuity of the parks and landscaping service for the City of Oakley. The cost difference between Terracare Associates, LLC and Brightview Landscaping Inc. was not a major factor in the decision making as it was very small considering the overall cost of the contract. Terracare Associates, LLC will be providing six (6) crews to maintain the City’s parks and landscaping, which is a much better model than the five (5) crew members proposed by Brightview Landscaping Inc.
Staff met with Terracare Associates, LLC and reviewed all details of their proposal, to make sure it is clear to both parties as to all the components of the maintenance work, and that there are no misunderstandings.
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
Approval of this resolution will accept the proposal and authorize the City Manager to execute an agreement with Terracare Associates, LLC, for a cost not-to-exceed $1,799,832.00 annually. The funding sources to pay for the park and landscape maintenance services from Terracare Associates, LLC will be provided by the City’s Lighting and Landscape Districts (LLD), and Community Facilities Districts (CFD). The funds for all LLD’s and CFD’s are levied and collected to cover operating and maintenance costs for improvements within each district. The allocation and distribution of these funds is quantified during the annual Landscape and Lighting District Engineer’s Report process which is part of the citywide budget.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Terracare Associates, LLC for maintenance services for the City’s parks and landscape maintenance and authorizing the City Manager to enter into an agreement not to exceed $1,799,832.00 annually until June 31, 2026. 21 Attachments
1) Terracare Associates, LLC Proposal
2) Resolution
22 Prepared for:
Jesse Dela Cruz
Maintenance
Manager
Proposal Issued:
May 30, 2023
Proposal Valid to:
July30, 2023
Landscape
Maintenance
Services
City of
Oakley
A Monarch Landscape Company
23 1
Cover Letter
May 30, 2023
Attn: Jesse Dela Cruz
Maintenance Manager
A Monarch Landscape Company
Justin Stewart
Vice President
2800 East 18 Street
Antioch, CA 94509
Cell: 303 419 2311
Email:
[email protected]
Kris L. Dasso
Kris Dasso
Branch Manager
2800 East 18 Street Antioch,
CA 94509
Cell: 925 383 0929
Email:
[email protected]
City of Oakley, 3231 Main Street,
Oakley, CA 94561
Dear Evaluation/Selection Committee,
On behalf of Terracare Associates, LLC (TCA), we thank you, the City of Oakley for allowing us to propose Landscape Maintenance services for an additional contract period. We have enjoyed the opportunity to be your service provider over the past fourteen (14) years and look forward to continuing our successful partnership.
The intent of this proposal is to address your needs as we understand them and demonstrate our ongoing commitment to the City and its citizens. At the same time, we have sought to ensure that we are providing the best overall value for services to the City.
Additionally, we recognize that our team has become a part of your community, with our staff living, working and playing within its boundaries, therefore our approach has been to build upon this sense of “family” and provide a product which we are all proud of. We commit to continue participating in community outreach such as, the annual O'Hara and Delta Vista Middle School Garden Renovations and Friends of Marsh Creek clean up events, and other future projects. Our participation in your community events is something we take great pride in and look forward to! TCA will provide the City of Oakley a Landscape Maintenance partner who will exceed the City’s established standards of performance, communicate effectively, address problem resolution efficiently, and provide the knowledge of a company that has been providing similar services since 1985. We believe these actions are integral to the successful outcome of the agreement.
Terracare warrants that the requirements of the Agreement, as described in this RFP document, its enclosures, and all addenda, have been thoroughly reviewed and we have conducted all due diligence necessary to confirm material facts on which the proposal is based. We acknowledge the validity of the proposal contents, including proposed bid pricing.
Thank you once again for this opportunity, and we look forward to a continued partnership with the City of Oakley.
Warm Regards,
24 2
A Monarch Landscape Company
February 02, 2021
Re: Proposal & Contract Authorization Matrix
To whom it may concern:
The Board of Directors of Monarch Landscape Companies Holdings hereby authorize the following individuals to have the power to bind the company into legal contracts for services for which revenue shall be generated.
Name Title Employer Division
Brian Helgoe CEO Monarch Landscape Holdings, LLC All
Ozong Etta CFO Monarch Landscape Holdings, LLC All
Scott Gilbert SVP Corporate Services -
Secretary
Monarch Landscape Holdings, LLC All
Jeff Colton President Jensen Landscape Holdings, LLC Construction Kirk Brown VP Construction Jensen Landscape Contractor, LLC Construction Ben Green Branch Manager Jensen Landscape Contractor, LLC Construction Terracare Associates, LLC Central
Dave Mortensen Region Manager Terracare Associates, LLC Central Justin Stewart Region Vice President
Joe Weintraub Region Vice President Monarch Landscape Holdings, LLC Maintenance Frank Corzine Region Manager Monarch Landscape Holdings, LLC Maintenance Sergio Hernandez Region Manager Monarch Landscape Holdings, LLC Maintenance Matt Rogers Region Manager Terracare Associates, LLC Maintenance Various 1 Branch Managers Various Various
Various 2 Project/Ancillary/Area Managers Various Various 1 Branch managers responsible for day-to-day operations of maintenance locations 2 Managers with day-to-day responsibility for customer sites The above authorization shall cover the following revenue generation contracts or agreements:
Construction contracts
R O
Change orders for existing contracts - Construction
Revenue generating contract s base maintenance work only on Monarch originated form Revenue generating contracts for ancillary or add-on contracts on Monarch originated form
Revenue 55
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Ozong Etta
EVP, Chief Financial Officer
25 Table of
Contents
01 03
04 06
07 10
12 13
14 19
20 21
26 28
32 33
Cover Letter
Table of Contents
Form A – Statement of Organization
Form B – Non-Collusion Affidavit
Form C – Violations History
Form D – Vehicle and Equipment Inventory
Form E – Maintenance Yard
Form F – References/Work Experience
Experience/Education of Key Management
Experience of Staff
Executive Summary
Financial Stability
Transition Plan
Proposed Methodology
Quality Control Measures
Additional Information
A Monarch Landscape Company
3 A Monarch Landscape Company 26
4 A Monarch Landscape Company
Name of Company:
PROPOSER’S STATEMENT OF ORGANIZATION
1. Full Name of Business Concern (Proposer):
Principal Business Address:
2. Principal Contact Person(s):
3. Form of Business Concern (Corporation, Partnership, Joint Venture, Other):
4. Federal Tax ID #:
(If applicable: A Social Security Number may be requested and substituted during the Proposer set-up process and prior to the approval of any Purchase Orders).
5. Provide names of partners or offices as appropriate and indicate if the individual has the authority to sign in name of Proposer. Provide proof of the ability of the individuals so named to legally bind the Proposer.
Name Address Title
Day Year
If a corporation, in what state incorporated:
Date Incorporated:
Month
If a Joint Venture or Partnership, date of Agreement:
6. Identify the provisions of any agreement between parties which assigns legal or financial liabilities or responsibilities:
Terracare Associates, LLC
Terracare Associates, LLC
2800 East 18 Street Antioch, CA 94509
Justin Stewart - Vice President - 303 419 2311
Kris Dasso - Branch Manager - 925 383 0929
Corporation
26-4506454
Justin Stewart 2800 East 18 Street Antioch, CA 94509 Vice President N/A
Colorado
March 25 2009
There are no legal or financial liabilities.
Form A
27 5
A Monarch Landscape Company
7. If responding firm(s) are a partially or fully-owned subsidiary of another firm, or share common ownership with another firm, please identify the firms and relationships.
PROPOSER’S STATEMENT OF ORGANIZATION (Cont.)
8. Insurance Information:
Phone Number:
Total amount of liability insurance carried: $
Insurance Agency:
Agent’s Name:
Agent’s Address: Fax Number:
9. Bond Information:
Total amount of work the applicant can be bonded for at one time: $ Bonding Agency:
Agent’s Name: Phone Number:
Agent’s Address: Fax Number:
_______________________
_______________________
Terracare Associates, LLC
N/A
Willis Towers Watson Insurance Services West, Inc.
Carmella Garcia
300 South Grand Avenue,
Suite 2000, Los Angeles,
CA 90071
Lockton Companies – National Surety Practice
213-607-6305
Emily Newell
10,000,000 with an umbrella policy above that
415-690-5457
777 S. Figueroa Street,
52nd Fl., Los Angeles, CA
90017
N/A
N/A
Form A
Name of Company:
25,000,000
28 6
A Monarch Landscape Company
NON-COLLUSION STATEMENT OF PROPOSER
Name, , being a designated representative of the company listed above, states the follwing:
1. I (name) of (company),the Proposer that has
submitted the attached proposal;
2. I am fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. ________________(company) nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the attached proposal has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement or collision or communication or conference with any other Proposer, firm, or person to fix the price or prices in the attached RFP, or of any other Proposer, or to fix any overhead, profit or cost element of the proposal or the response of any other Proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against San Ramon, CA or any person interested in the proposed Contract; and
5. The cost proposals in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. _____________________________
(Signed) (Title)
Terracare Associates, LLC
Kris Dasso
Kris Dasso Terracare Associates, LLC
Terracare Associates, LLC
Branch Manager
FORMS Form B
Name of Company:
Kris L. Dasso
29 7
A Monarch Landscape Company
VIOLATIONS HISTORY
1. List any litigation with the owners of projects in the past five (5) years Owner’s Name Address/Phone Number Contract Amount
Nature of Litigation
2. Has the organization been charged for liquidated damages in the past five (5) years? ____YES ____NO If yes, when, where, and why?
__
3. Has any bonding company or agent of any bonding company ever completed this organizations work? ____YES ____NO If yes, when, where, and why?
__
Terracare Associates, LLC
N/A
FORMS Form C
Name of Company:
30 8
A Monarch Landscape Company
VIOLATIONS HISTORY (CONT.)
4. Has this organization or any officer or principal ever failed to qualify or prequalify as a proposer? ____YES ____NO If yes, when, where, and why?
__
5. Has this organization or any officer principal ever had prequalification denied, revoked, or suspended?
____YES ____NO If yes, when, where, and why?
__
6. Has this organization or any officer or principal ever had a license denied, revoked or suspended, including City business license?
____YES ____NO If yes, when, where, and why?
__
7. Has this organization or any officer or principal ever been found in break of a local, state or federal contract?
____YES ____NO If yes, when, where, and why?
__
Terracare Associates, LLC
N/A
FORMS Form C
Name of Company:
31 9
A Monarch Landscape Company
VIOLATIONS HISTORY (CONT.)
8. Within the last five (5) years has the organization or any officer or principal, agent or employee of applicant been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and related Acts) in any final order of the California Department of Labor Relations or United States Department of Labor, or by any court of competent jurisdiction? ____YES ____NO If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:
a. The circumstances behind any violation, including the amount(s) not paid b. Whether the amount(s) have now been paid
c. The reasons for the violation
d. All efforts undertaken to ensure that future violations will not occur
9. List of OSHA violations and fines in the past five (5) years:
__
Terracare Associates, LLC
N/A
Form C
Name of Company:
32 10
A Monarch Landscape Company
EQUIPMENT INVENTORY
10. List all equipment owned by Proposer pertaining to the requested services. List only major items.
Lump together small equipment and tools. Attach additional pages, if needed.
Quantity Make, Model, and Description
of Service Vehicles and
Equipment
Age in
Years or
Hours
Condition of Equipment If applicable, provide
estimated
replacement month/
year
11. Estimated Total market value of equipment: $
12. Does Proposer intend to rent any equipment?
____YES ____NO If yes, please provide a general description:
__
Terracare Associates, LLC
Exmark 72” Mower
Exmark 60” Mower
Exmark 36” Mower
Toro 21” Mower
Exmark 6’ 3pt Aerator
Ryan Lawnaire Aerator
Shindaiwa Weed Eater
Echo PB411 Backpack Blower
John Deere 4520 Tractor
Big Tex 12’ Maintenance Trailer
Wells Cargo 14’ Trailer
Split Tank 200-Gallon Truck
Mounted Sprayer
Tractor-Mounted Fertilizer Spreader
Ewing Pressure Washer
Miscellaneous Hand Tools: Power Edgers, Hedgers,
Loppers, Shears, Backpack Sprayers
Ford F250 2WD Regular Cab
Ford 350 Utility Irrigation Trucks
Cavie Carryall Golf Cart
10 6
6 10
3 3
50 60
3 14
10 2
8 2
as needed
27 3
2 2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
2015- present
Various
2015- present
2015- present
2015- present
$1,000,000
X
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
Satisfactory
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Form D
Name of Company:
X If needed
33 11
A Monarch Landscape Company
Terracare Associates, LLC
13. Include a brief description of your company’s equipment maintenance and replacement policy:
Effective equipment maintenance and timely replacement are critical factors in ensuring the __ Form D
Name of Company:
smooth operation, productivity, and longevity of company assets. To optimize equipment performance, minimize downtime, and align with industry best practices, Terracare has implemented the following Equipment Maintenance and Replacement Policy:
Regular Maintenance:
__
All equipment shall undergo regular maintenance as specified by the manufacturer's recommendations or guidelines. This includes routine inspections, cleaning, lubrication, calibration, and any other maintenance tasks outlined in the manufacturer's documentation.
Maintenance schedules shall be established for each type of equipment, taking into account __ the manufacturer's recommendations, usage patterns, environmental factors, and other relevant considerations.
Replacement Planning: Equipment replacement planning shall be based on a combination of factors, including the manufacturer's recommendations, equipment lifespan, __
historical performance data, technological advancements, and cost-benefit analysis.
Replacement decisions shall be made in a proactive and timely manner to avoid unexpected failures, excessive downtime, and productivity losses. The decision-making process should involve the equipment owners, maintenance personnel, and relevant stakeholders. __
By adhering to this Equipment Maintenance and Replacement Policy, Terracare aims to maximize equipment reliability, minimize unexpected downtime, control maintenance costs, and ensure compliance with manufacturers' recommendations and industry standards. 34 12
A Monarch Landscape Company
MAINTENANCE YARD or BUSINESS LOCATION
____________________________________
____________________________________
Any other Facility Comments:
Emergency Contacts & Phone Numbers (include any after-hours/emergency response contact information):
5 acres
Francisco Quintero - 925-383-0302
Juan Navarro - 925-588-1927
Terracare Associates, LLC
2800 East 18 Street Antioch, CA 94509
2800 East 18 Street Antioch, CA 94509
Kris Dasso - 925 383 0929
[email protected]
FORMS Form E
Name of Company:
Facility Location:
Business Address:
Phone/Fax Numbers:
E-mail Contact(s):
Facility Size:
Our branch is located on the immediate border
of the City of Oakley.
Alejandro Orduna - 925-383-0319
35 13
A Monarch Landscape Company
REFERENCES AND WORK EXPERIENCE
List at least three (3) major contracts for the requested services during the past five (5) years, including contact information for reference checking purposes. Preference may be given to Proposers that have experience with municipalities and/or other government agencies.
Description of Services Contracting Agency/Company
Including name of the owner, contact
person, and their address, phone
number and/or e-mail address
Dates Contract Amount
Terracare Associates, LLC
Terracare Associates provides the City of
Brentwood landscaping services for all city
parks (100 + acres), LLDs (200+ acres), and
bathroom and trash services
City of Brentwood, California
Bruce Mulder
925-516-5365
[email protected]
2009 - Ongoing $3,600,000 / yr
City of Antioch, California
Carlos Zepeda
925-382-5261
[email protected]
Our team provides, the landscape management
in City parks, open space areas, medians, trails
and cul-de-sacs throughout the City of Antioch.
2021 - Ongoing $2,800,000 / yr
City of San Carlos, CA
Lou Duran
650-802-4144
[email protected]
Terracare services all parks and sports fields
for the City of San Carlos. This includes
multiple synthetic turf fields
and Bermuda grass fields.
2016 - Ongoing $460,000 / yr
City of Livermore, California
Joe Prime
925-525-2031
[email protected]
Since 2013, Terracare has been the landscape
contractor to maintain their parks and
streetscapes throughout the city.
2013 - Ongoing $1,500,000 / yr
FORMS Form F
Name of Company:
36 A Monarch Landscape Company 14
Qualifications
Experience/Education of Key Management
Staff Resumes
Justin Stewart | Regional Vice President
The municipal and infrastructure team is led by Justin Stewart. Justin attended Rutgers University studying horticulture and has been at TCA for 30+ years. Justin Stewart’s team manages almost twenty major infrastructure projects including serving as the public works department for the City of Lone Tree, CO and the City of Centennial. He also leads major toll-road and highway authority road maintenance projects, some of the most successful public private partnerships in the country. His attention to detail and focused management style has allowed the division success through securing multi-year, multi-million dollar contracts.
Primary Responsibilities:
• Responsible to ensure on-site management has everything it needs to be successful on the property
• Overall success of client projects
RELATED EXPERIENCE:
• City of Brentwood, CA• City of Gilroy, CA• City of Livermore, CA• City of Oakley, CA• City of Folsom, CA• City of Centennial, CO• City of Lone Tree, CO We’ve assembled a team of seasoned landscape
professionals to care for you and your landscape. We believe their collective experience, client-first focus, and success in solving challenges similar to yours make them an excellent fit for the job. Here’s a quick introduction:
37 15
Qualifications
Experience/Education of Key Management
Staff Resumes
Kris Dasso | Branch Manager
Kris Dasso has been with the company for 30 years. His vast experience in all aspects of landscape maintenance and landscape construction make him a very valuable asset on our California team. Kris is currently the Branch Manager for the Northern California locations and brings strong leadership through mentoring of his staff and providing expertise to his clients. Kris’s strong communication skills provide clients and team members a cohesive forum for solving problems, creating opportunities for client enhancements and continued growth for the California team.
Primary Responsibilities:
• Ensure the City's KPIs are being met and exceeded• Manage client interaction and expectations surrounding long term planning and high-level value-added services
• Attend monthly meetings• Assists with the annual preparation of landscape asset management plan (LAMP)• Coordinates with the Terracare team to send monthly/quarterly reports of landscape activities, proposals and other feedback
RELATED EXPERIENCE:
• City of Brentwood, CA• City of Gilroy, CA• City of Livermore, CA• City of Oakley, CA• City of Folsom, CA A Monarch Landscape Company
38 16
Qualifications
Experience/Education of Key Management
Staff Resumes
Francisco Quintero | Operations Manager
Francisco Quintero has been with TCA for over 25 years and currently manages parks and recreation work for the City of Oakley. He is dedicatedto supporting the vision and goals of our clients by building out budgets andenhancement plans. He has worked closely with the City of Oakley to makea your landscape budget and vision come to life. He works hand-in-handwith our Area and Branch manager to ensure that his budgets andenhancement plans support the goals of our clients and the maintenancetasks associated with them.
Primary Responsibilities:
• Evaluate accounts and develop an effective on-going landscape asset management plan for short- and long-term projects.
• Serve as point-of-contact for high level site and project issues to expeditiously and proactively identify, address, and resolve clients needs. • Evaluate accounts and develop an effective and on-going landscape asset management plan
Francisco has 20 years of centralized irrigation system programing with a high level skill of the irrigation software; including all RAINMASTER versions and City of Oakley WEATHERTRAC systems.
RELATED EXPERIENCE:
• City of Oakley, CA• City of Brentwood, CA
A Monarch Landscape Company
39 17
Qualifications
Experience/Education of Key Management
Staff Resumes
Juan Navarro | Oakley Field Supervisor
Juan Navarro manages the day to day operations for the City of Oakley. He has been with Terracare and working on the City of Oakley project for 7years and brings over 15 years of landscaping experience to the team.
Primary Responsibilities:
• Monitor daily budget goals and weekly labor cost analysis for each project• Establish and maintain relationships with clients• Lead and successfully manager crews and field managers to ensure all projects are administered and completed within guidelines, budgets, and workhours RELATED EXPERIENCE:
• City of Oakley, CA
A Monarch Landscape Company
Juan has 15 years of centralized irrigation system field programing and a detailed understanding of all irrigation procedures including RAINMASTER and WEATHERTRAC systems.
40 18
Qualifications
Experience/Education of Key Management
Staff Resumes
Brenda Soto | Office Manager
Brenda Soto manages administration for the City of Oakley. She has been with Terracare for 1 year and brings 3 years of administration experience to the group.
Primary Responsibilities:
• The timely delivery of accurate customer billing and capturing costs for financial reporting.
A Monarch Landscape Company
41 19
Qualifications
Experience of Staff
A Monarch Landscape Company
Juan Navarro
Oakley Field
Supervisor
Years with TCA: 7 Years in Industry: 15
Mario Alvarado
Field
Supervisor
Years with TCA: 20Years in Industry: 26
Alejandro Orduna
Irrigation
Technician
Years with TCA: 7Years in Industry: 8
Jose Ancira
Irrigation
Technician
Years with TCA: 10Years in Industry: 12
Juan Rivas
Mechanic
Years with TCA: 9Years in Industry: 25
Our current staff has over 130 years of experience on the City of Oakley project!!! 42 20
Over the years, we have successfully
provided similar services to different
municipalities across the Western
United States. A few of these
municipalities include:
• City of Brentwood, CA
• City of Folsom, CA
• City of Livermore, CA
• City of Tracy, CA
• City of Gilroy, CA
• City of Lafayette, CA
• City of Oakley, CA
• City of Centennial, CO
• City of Lone Tree, CO
• Arapahoe Parks and Rec., CO
• City of Longmont, CO
A Monarch Landscape Company
Executive Summary
Company Information
Terracare Associates, LLC, established in 1985, is a recognized leader in outdoor maintenance that proudly serves the Western United States. For the past 35 years, Terracare has been providing similar services as required in this RFP. Our certified and experienced staff improves landscapes, parks, roadways and infrastructure for beautiful, safe and sustainable outdoor environments. Terracare Associates, LLC is a part of a larger organization, Monarch Landscape, who acquired Terracare in August 2017. Monarch is a collection of top local and regional landscape companies, which includes over 30 branches, over 2,500 employees and has grown to become a $275 million / year company.
Terracare has a Dedicated Municipal Division of over 250 employees who work solely on special district and municipal projects. We operate with a high degree of professionalism, which allows us to continually deliver the timely completion of critical landscape and infrastructure projects and meet the highest standards of our special district and municipal clients. Our service delivery model is based on establishing a project location inside of your city boundaries 100 percent dedicated to you! We recognize that our team has become a part of your community, with our staff living, working and playing within its boundaries, therefore our approach has been to build upon this sense of “family” and provide a product which we are all proud of. We commit to continue participating in your community events, and other future projects. Our participation in your community events is something we take great pride in and look forward to!
43 Financial Stability
ZURICH
April 27, 2023
® • TRAVELERSJ
RE: Surety Prequalification for Monarch Landscape Companies To Whom it May Concern:
Fidelity and Deposit Company of Maryland and Travelers Casualty and Surety Company of America are privileged to provide surety credit Monarch Landscape Companies. Monarch Landscape Companies currently has bonding capacity for single projects in excess of $25,000,000 and total program capacity of $50,000,000.
Fidelity and Deposit Company of Maryland and Travelers Casualty and Surety Company of America are admitted surety insurers authorized to issue bonds in all 50 States. Fidelity and Deposit Company of Maryland is a U.S. Treasury listed surety with an A.M. Best & Company credit rating of A+ (Superior) XV ($2 Billion or greater). Travelers Casualty and Surety Company of America is also a U.S. Treasury listed surety with an A.M. Best & Company credit rating of A++ (Superior) XV ($2 Billion or greater).
The commitment to provide bonds on any project is subject to review of acceptable contract terms and conditions, bond forms, confirmation of adequate project financing, and any other underwriting considerations at the time of the request. The issuance of any such bonds is a matter solely between Monarch Landscape Companies and ourselves, and we assume no liability to you or to other third parties by the issuance of this letter.
Sincerely,
��'---
Erin Brown, Attorney-In-Fact
Fidelity and Deposit Company of Maryland
Travelers Casualty and Surety Company of America
�
-..
. . . -- :_�
__ .. . . -
A Monarch Landscape Company 21 44
Financial Stability
A Monarch Landscape Company 22
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California
County of Los Angeles
on __ A_P_R_2_7_2_0_23 __ before me, -�□�G�a�rc=ja.._.,�N=o�t-ary'-+---'P�u�b�li-c ________ _ Date Here Insert Name and Title of the Officer
Personally appeared ------"'E-'r-'-in'--'-'B--'--ro'-w'-'--'-n'--_______________________ _ Name(s) of Signer(s)
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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an d correct.
:�::,
'
:,
:
my hao';Jl&�
Signature of Notary Public
-------------------------------------------------------------------- OPTIONAL------------------------------------------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document _______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above _____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name ____ ________ _
D Corporate Officer-Title(s) ________ _
D Partner D Limited D General
D Individual IXI Attorney in Fact
D Trustee D Guardian or Conservator
D Other ______________ _
Signer Is Representing __________ _
Signer's Name ______________ _
D Corporate Officer-Title(s) =---------
0 Partner D Limited □General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
Dother -----------------
Signer Is Representing ___________ _
45 Financial Stability
A Monarch Landscape Company 23
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMP ANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL :MEN BY THESE PRESENTS: That the ZURJCH A:MERJCAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL A:MERJCAN CASUALTY AND SURETY COMP ANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint B. ALEMAN, Ethan SPECTOR, Timothy NOONAN, Janina MONROE, Adriana VALENZUELA, Jennifer OCHS, Aidan SMOCK, Lisa CRAIL, Simone GERHARD, Erin BROWN, Paul RODRIGUEZ, Emily NEWELL, D. GARCIA, KD WAPATO, Marina TAPIA, Edward C. SPECTOR, Ethan SPECTOR of Los Angeles, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURJCH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.
By: Robert D. Murray
Vice President
H)w01,, {;, LfJi&tO'----
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 07th day of February, AD. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally knov-'!1 to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �a..�
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 46 Financial Stability
A Monarch Landscape Company 24
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact The ChiefExecutive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instmments on behalf of the Company, and may authorize any officer or any such �
ttorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any tnne."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey ... Auy such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONJAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOL Y�Q;. "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any. :Vfo,�.pres,(dent; Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a ce1,t
1t\d \◊PY ·of·�i;.j:iower: of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect aslhougl1 manually.1iJfi;ced ...
...... • • < ':'. •
IN .TE$11�01'fY. WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
_
.. <fay of�. _-APR 2 7 2.1)23---·
By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
Ph: 800-626-4577
If your jurisdiction allows for electronic reporting of surety claims, please submit to:
[email protected]
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 47 Financial Stability
A Monarch Landscape Company 25
� TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Erin Brown of LOS ANGELES , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
City of Hartford ss.
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
.�<,,."ft:� ,. .... � •.
/ ··.
;, ..
{w *}
l l
..;��
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-inf act for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 27th day of April , 202�- . . _.-·· .
t Kevin E. Hughes, Assistant Secretary
Please
To veril'y the authenticity of this Power of Attorney, please call us at .1.-800-421-3880. f(lf.fflr to the above-named Attorney{s}-in-Fact and the details of the bond to which this Power of Attorney is attached. 48 A Monarch Landscape Company 26
Technical Proposals
Transition Plan
As the incumbent landscape provider, TCA offers unique advantages and added value to our clients compared to a new landscape provider. Here are the key benefits of continuing our long lasting partnership:
In-depth Knowledge and Experience: Our team has extensive knowledge and experience working on your landscape. We have developed a deep understanding of your specific requirements, environmental conditions, and unique challenges. This familiarity allows us to efficiently address issues and provide tailored solutions without a learning curve.
Established Relationships: Over the course of our partnership, we have built strong relationships with you and your organization. We understand your preferences, expectations, and long-term goals for your landscape. This established rapport enables us to provide personalized service and ensures a seamless working relationship, based on trust and open communication.
Proven Track Record: As the incumbent provider, we have a track record of delivering high-quality results. Our portfolio showcases successful projects, demonstrating our ability to meet and exceed expectations. Our consistent performance, reliability, and attention to detail provide peace of mind, knowing that your landscape is in capable hands.
Tailored Services and Continuous Improvement: Having worked with you for an extended period, we have fine-tuned our services to align with your evolving needs. We proactively adapt our approach based on your feedback and changing requirements. This commitment to continuous improvement allows us to deliver customized solutions that maximize the beauty, functionality, and sustainability of your landscape.
Efficient Transition and Minimal Disruption: Choosing a new landscape provider can involve a transition period that may disrupt your daily operations. As the incumbent provider, we ensure a smooth transition with minimal disruption. We seamlessly integrate our services, processes, and personnel, minimizing any potential challenges and maintaining business continuity 49 A Monarch Landscape Company 27
Technical Proposals
Transition Plan
Cost Efficiency and Value Optimization: Our longstanding relationship allows us to optimize costs and maximize value for your landscape. We have a deep understanding of your budgetary considerations, allowing us to provide cost-effective solutions without compromising quality. We leverage our experience to streamline operations, identify cost-saving opportunities, and provide accurate budget forecasting.
Comprehensive Knowledge of the City of Oakley: Over time, we have acquired comprehensive knowledge of your property's unique characteristics, such as soil conditions, irrigation systems, plant species, and infrastructure. This in-depth understanding enables us to implement proactive maintenance strategies, prevent potential issues, and deliver customized care to promote the longterm health and beauty of your landscape.
Choosing Terracare as your landscape provider like us ensures a seamless, efficient, and reliable service that leverages our established relationships, expertise, and comprehensive knowledge of your property. We are committed to exceeding your expectations, delivering outstanding results, and nurturing a long-term partnership focused on the success and sustainability of your landscape. 50 A Monarch Landscape Company 28
Technical Proposals
Proposed Methodology
Our team possesses an extensive understanding of the City's operational requirements. Having been the landscape partner since 2009, we have crafted a tailored and comprehensive plan that encompasses all aspects of your scope of work. Our plan prioritizes not only providing top-notch landscape management but also emphasizes the principles of LEAN management to maximize efficiency.
We provide our employees playbooks for our teams to follow each service visit and have our seasonal tasks mapped out for our crews in the form of monthly calendars. This helps us ensure we are always providing best in class quality; no seasonal tasks are missed, or any issues such as inclement weather, special events, holidays, traffic conditions, unscheduled employee absence.
Our by providing our employees these playbooks and additionally having a unique knowledge of the city, our approach is proven to save time and money on your property by guiding our crews through the site in the most smart and effective manner possible – ensuring that every park and facility is getting touched every week. Additionally, this allows us to do the following to help us better serve you:
• Sharpen our pencils. We can precisely
estimate the labor needed to accomplish
your landscape goals. If budget constraints
require us trim specifications, we can do so
quickly, enabling our team to still be your
best choice even in challenging economic
environments
• Optimize our city routes, equipment and
decrease physical exertion on our crew
members
• Reduces wasted time and increases the
percentage of value-added maintenance
time in order to reduce cost
• Less time on site allows for an increase in
likelihood of an injury occurring.
• Communicate where we’ve been and where
we’re going on your property
• Give detailed instructions to our Operations
Team to ensure what we communicate to you
is implemented in the field
• Ensure that each location is maintained with
the correct equipment, trained crews and
through the most efficient property route
• Creates crew member functions broken out
into weekly, bi-weekly, seasonal & yearly
• Continual improvement of landscape
maintenance that delivers less down-time for
the space
• Doing the work that matters most to our
customers to match our service with their
investment Crisis Response
Proactive Alerts: Utilizing smart controllers and asset management to proactively identify & alert you to potential issues regarding your tenant safety and landscaping Quick Solutions: In the event of an emergency, our team will dispatch teams to conduct an initial assessment, strategically plan our recovery, communicate the plan to you and go. We’ll partner with you every step of the way
Business Continuity: Our team has clearly defined roles and responsibilities to ensure our service delivery to you remains unaffected during times of crisis.
51 MONDAY
City Park-service Civic Plaza-service
Manuel Rios -Forem
Elio Estrada
Ronaldo Delgado Dewey P.(mow day)
Casa Blanca(service)
Leopards Store Park
ing Lot
24 MONDAY
Jesus Carranza-Forem Juan Hernandez
IManresa P.(mow day
Lakewood.(mow day
Jose Escobedo Leward P.(mow day)
Lakeside.(mow day)
Sycamore.(mow day)
Catamaran(mow day) Crockett P.(mow day)
24 Column1 Monday
Jose Silva- Foreman
Ismael Rios Street Scapes On; Jorge Soto Main Street- from Ramp-1-60 to 7th St.
24 MONDAY
!Jesus Perez
Vincent Baltazar Street Scapes on:
Gabriel Gomez Cypress Grove
Subdivicion
24 CITY OF OAKLEY MANAGEMENT SCHEDULE. PARKS/ STREETSCAPE 5/2/2022
TUESDAY
Street Scapes on:
WEDNESDAY
Street Scapes on:
THURSDAY
Street Scape on:
Laurel Rd: from Main St Laurel Rd: from Main St Main St: from Laurel Rd to the Bypass to the Bypass to Simoni Open Space.
Simoni Ranch Open Sp
Rose Ave
Live Oak Park (mow DJ
24 24
TUESDAY WEDNESCDAY
Nunn vv11son (mow day)
THURSDAY
Laurel ts t-IeIas(mow U)
Koda Dog Park (Mow D) Summer Lake(mow day) Shady Oak.(mow day) Atletic Park (mow day)
Holly Creek{mow day)
Street Scape on:
Live Oak St, El Dorado,
and Neroly Ave
24 24
TUESDAY WEDNESAY THURSDAY
Street Sca(!es On:
Vintage Parkway
Street Sca(!es On.
Neroly from:
Street Sca(!es On.
Car(!enter from:
O'Hara to Brown
Live Oak-Zone 3-18
Novarina Slo(!es
O'Hara to Em(!ire Ave
Brown from:
Neroly to Car(!enter
24 24
TUESDAY WEDNESDAY THURSDAY
Street Scapes on: Street Scaoes on: Street Scapes on:
Cypress Grove Cypress Grove Subdivicio Main and Almondtree Subdivicion Main and Bernard Street
Cypress Grove P(mow J Main and Laurel East sid
Oak Grove Park(mow )
Teton Rd
24 24
FRIDAY
[City t-ark (mow aayJ
Civic Plaza (service)
Marsh Creek G (mow day)
Creekside Park (mow day)
Salvador St
24 24
FRIDAY
t-reaom ( mow aayJ Oakley Ranch.{mow day)
Heartwood Park(mow day Harvest Park (mow day)
24 24
FRIDAY
Nugmet Park {mow day}
Main Park {mow dal£l
Daffodil! Park {mow day)
Magnolia Park {mow dal£}
Novarina Park {mow day}
24 24
FRIDAY
Street Scapes on:
Brown from Carpenter to
Laurel Rd
Carpenter from Brown to
Empire Rd
O'Hara Ave from Fco Villa
to Laurel Rd
24 24
Technical Proposal - Sample ScheduleProposed Methodology 29 52
Technical Proposal - Sample Schedule
30 -
Ricardo Diaz-Foreman
Miguel Llamas
Christoper Cisneros
Emilio Jasso
Ronaldo Rivera
Freddlt'. Talavera
Juan Navarrro
Pending
MONDAY TUESDAY
Riata Park (Mow Day) Street Scapes on:
Claremon Park(Mow) Neroly Rd from: O'Hara
Oakley Rd Medians to the End of Neroly
Neroly Trail O'Hara from: Neroly Rd
Lois Ln / Cypress to Laurel Rd
Key Street
Medians on Neroly and
Empire Rd
24 24
MONDAY TUESDAY
Emerson Ranch Park Emerson Ranch Park
Delayne Park Delayne Park
Mow Day
24 24
Field Supervisor--------- 925-588-1927
Alejandro Orduna--- ----Irrigation Tech ---925-724-3848 Jose Alcira Irrigation Tech- 925-490-5753
WEDNESDAY THURSDAY FRIDAY
Riata Park Laurel Rd: From O'Hara Recreation Center(mow D) Cypress / Ponderosa to Main St. Duarte Park (Mow Day)
Sinammon Ridge Duarte Basing
Brownstone Steet Rose Ave: From Laurel
Empire Ave: From to Barn Dance
Neroly to Main Street
24 24 24
WEDNESDAY THURSDAY FRIDAY
Emerson Ranch Park Emerson Ranch Park Emerson Ranch Park Delayne Park Delayne Park Delayne Park
24 24 24
53 Technical Proposal - Sample Org. Chart
31 54
A Monarch Landscape Company 32
Technical Proposals
Quality Assurance Methods
Terracare Associates will conduct routine, daily, weekly and monthly quality checks on each of the parks and streetscapes associated with this contract. Those checks will be conducted by the project team, and upper management. The various landscape areas will be rotated by different team members so each area is viewed by a different set of eyes each month. Below is an explanation of our quality assurance program.
Quality Assurance Program – Our Branch Manager, Operations Manager, Foremen and upper management will conduct quality control audits. We will then generate any necessary work orders for repair in our IFS work order management system and complete the necessary corrections.
Service Complaints – Since TCA is the service provider for many large municipal contracts, we have put in place many procedures to handle both work orders and client comments. As stated above, any comment or issue that comes into our office via email, text, phone or fax will be made into a work order in our IFS system and given a number for processing. The work order will then be reviewed by our Operations Manager, and he will distribute the work order to the appropriate field personnel to complete the repair.
1. Depending on the type of complaint and/or issue that is generated into a work order, the Operations Manager will assign a time of completion to each work order which will also be entered into our system. The system is set up to alert the Project Manager if the work order has not been closed by the time of assigned completion. It is a safeguard to make sure we take care of all our work orders in a timely manner. For all emergencies, we will respond within 30 minutes. Those emergencies will be logged and documented.
2. To minimize repeats of the same issues, the Operations Manager, our Branch Manager and our Vice President will review the monthly report generated from IFS and discuss with all involved how to better handle our service in a given location so as not to experience the same issues in the future.
3. Corrective actions will be immediate. Any items that are caused by the negligence of Terracare Associates will be corrected at no charge to the city . If emergency items are called in, we will get direction as to cost containment from the city contact prior to taking action, if at all possible.
Reports
We will continue to provide tailored to reports with the exact data that the City is interested in capturing. Generally, we capture labor hours, materials, costs consumed and equipment utilized on all of our projects. We conduct quality control checks weekly, bi-weekly and monthly, depending on the size and scope of the project. 55
Everyone at TCA is excited at the opportunity to continue working with and for the City of Oakley. We have enjoyed our relationship with the city, and we are proud of the work we have accomplished together. Below are some of the main points of our proposal and a re-emphasis of our commitment to the City of Oakley. ■ We are currently willing and have shown a willingness and ability to add landscape areas to the contract at a fair price. We have the capacity to expand our services as needed. ■ We are reducing our current pricing and are able to pass along these savings due to efficiencies we have created in the field.
■ Our Operations Manager and Oakley resident, Francisco Quintero, will remain in charge of the project. ■ Our core group of field managers will also remain on the project. ■ TCA's municipal management group is certified in all aspects of landscape management, including:
Professional Landcare Network Certified, Water Manager, Pesticide Applicator, Arborist and Bay-Friendly Managers.
■ All new hires for city-based work will go through a rigorous training program that is ongoing. ■ We have a local office located at Antioch.
■ Local TCA employees can respond immediately to after-hour emergencies. ■ We are intimately familiar with the city’s computer based irrigation system, on-site equipment and pump systems. We are also knowledgeable in working with reclaimed/recycled water and can be a source of expertise as the city increases its usage.
■ We will continue to implement a more comprehensive Water Management Program. ■ Our goal will be to continue saving the city water and resources by continuously refining the irrigation systems in each zone.
■ The equipment we utilize for the project will continue to be the best on the market and serviced by our mechanics weekly.
■ As a company, we utilize the latest technology to make doing business with TCA easy. ■ We always think safety first. All of our work, whether in the parks or the streetscaping, will be conducted with all OSHA and traffic safety laws in mind. Our main goal is to keep our employees, users of the parks and the citizens of Oakley safe when we are working in the city. ■ We will continue to invoice in the fashion that the city desires. ■ All reports will be produced and distributed to the city on time and with the appropriate information for city management to make decisions from.
■ Project management will continue to enforce our quality commitment to the city by conducting routine quality assurance surveys for each park and zone. We will be self-directed when correcting issues that come up during our surveys.
■ We will respond immediately to issues that arise during business hours and after-hour emergencies. ■ It will be a priority to continue our Integrated Pest Management program, using all the latest in IPM practices before resorting to pesticides. We will control invertebrates and fix damage that occurs.
Additional Information
Why TCA?
A Monarch Landscape Company 3356
Prepared for:
Jesse Dela Cruz
Maintenance
Manager
Proposal Issued:
May 30, 2023
Proposal Valid to:
July30, 2023
Landscape
Maintenance
Services
City of
Oakley
A Monarch Landscape Company
57 1
Pricing
A Monarch Landscape Company
EXHIBIT C
BID PRICING SCHEDULE
Contracted Landscape Services
Landscape Services Pricing Matrix
58 2
Pricing
A Monarch Landscape Company
59 Resolution No. Page 1 of 1
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN
AWARD OF CONTRACT WITH TERRACARE ASSOCIATES, LLC FOR PARK AND
LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS AND FACILITIES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Oakley Public Works Department is responsible for the overall maintenance and operation of all of the City’s Parks and Facilities; and WHEREAS, the City of Oakley uses outside contractors for a variety of maintenance services related to the public infrastructure assets of the community; and WHEREAS, To ensure that the City of Oakley receives quality service keeping the community’s parks and facilities in best condition; staff prepared a Request for Proposal (RFP) which was publicly published and on May 30, 2023 the City received proposals from Terracare Associates, LLC and Brightview Landscaping Inc.; and
WHEREAS, after detailed review and evaluation of the proposals by staff it was determined Terracare Associates, LLC to be best suited for providing park and landscape maintenance services for the City Parks and Facilities; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the Maintenance Services agreement with Terracare Associates, LLC for Park and Landscape Maintenance Services for City Parks and Facilities for an amount not to exceed $1,799,832.00 annually is hereby approved, and the City Manager is authorized to execute said agreement. The terms of the agreement will be three (3) years, from July 1, 2023, to June 31, 2026. At the end of the initial three (3) year term, if the services have been acceptable and cost efficient, the City Manager is authorized to execute an amendment to extend the maintenance contract an additional two (2) years. The City Manager or his designee is authorized to approve unscheduled, additional services up to an amount not to exceed 20% of the agreement amount without further City Council approval, so long as funds are available in the applicable Lighting and Landscape Assessment District Funds.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
______ ______
Libby Vreonis, City Clerk Date
60 DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Award of Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2022/23 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 279
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program 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.
Each year the pavement conditions change due to wear and tear; and the streets must routinely undergo preventative maintenance to ensure their functionality. The City uses this annual project to perform rehabilitative and preventative maintenance on the public street network through a series of dig-outs, crack sealing, slurry sealing, pavement overlays and removal and replacement of the asphalt surface on streets where it has failed. The project will be completed with the placement of new striping and pavement markings.
CIP 279 will include street repair and resurfacing on multiple areas throughout the City which include Main Street, Oakley Road, the Wildcat and Gardenia neighborhood, E. Cypress Road, the Cypress Grove neighborhood, the Parklands at Laurel Creek neighborhood, Raye Avenue, and sections of Empire Avenue. This project complements the street resurfacing work that has been taking place over the years on the arterial and collector roads in the community. All these projects will not only improve the quality of the street infrastructure in the community, but also enhance the quality of life for the residents.
On May 25, 2023, a total of three (3) bids were received and R & R Pacific Construction, Inc. was the lowest bidder for the project at a total cost of $4,085,980.85. The regional economic climate has activated a great deal of construction activity, both in private development and in public works projects. This is reflected in the bids that all agencies are receiving on their projects. Staff will continue to work on implementing the CIP projects for the City of Oakley as effectively as possible, taking economic trends into consideration, and strategically executing
STAFF REPORT
Approved and Forwarded to the City Council
61 the bidding and construction of projects in Oakley. The construction of CIP 279 is scheduled to take place during the summer months while schools are closed, and as a result, less traffic on the streets.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The FY 2022/23 budget has allocated funding from Street Maintenance and Gas Tax Funds, which will fully fund this construction project.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the construction agreement with R & R Pacific Construction, Inc. for an amount not to exceed $4,085,980.85 and authorize the City Manager to execute the agreement.
Additionally, due to variables associated with construction projects, and to address unforeseen circumstances during construction; staff further recommends that the City Council authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $500,000 for work beyond what is defined in the base project bid.
Attachments
1) Resolution
2) Bid Summary
62 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AGREEMENT WITH R & R PACIFIC CONSTRUCTION, INC. FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT NO. 279 – FISCAL YEAR (FY) 2022/23 STREET REPAIR AND RESURFACING PROJECT
WHEREAS, Pavement Engineering Inc., prepared the plans, specifications, and estimates for CIP No. 279 – FY 2022/23 Street Repair and Resurfacing Project; and WHEREAS, the plans, specifications and special provisions were publicly advertised for bidding, with the bid period closing at 2:00 P.M. on May 25, 2023; and WHEREAS, three (3) total bids were received prior to the close of the bidding process; and
WHEREAS, R & R Pacific Construction, Inc. submitted the lowest responsible bid for a total cost of $4,085,980.85 for the work, and the bid summary is attached as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Agreement with R & R Pacific Construction, Inc. for the FY 2022/23 Street Repair and Resurfacing Project – CIP 279, for an amount not to exceed $4,085,980.85 is approved, and the City Manager is hereby authorized to execute the Agreement and change orders in an amount not to exceed $500,000 as necessary.
PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
_____ _____
Libby Vreonis, City Clerk Date
63 64
STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Acceptance of Subdivision Improvements Associated with the Oakley Logistics Center (Phase 1) Subdivision 9513 located at Bridgehead Road and Wilbur Avenue
Background and Analysis
On December 17, 2019, the City Council adopted Resolution 147-19 approving the Oakley Logistics Center Vesting Tentative Map (TM 05-18) and Design Review (DR 12-18) conditionally approving the tentative map to subdivide the 375.7-acre site 8 parcels. The subdivision is located on the east side of Bridgehead Road and Wilbur Avenue. The entire project was phased in 2 phases. Phase 1 is comprised of Buildings 1 and 2 and Phase 2 constructed Buildings 3, 4, and 5.
On April 14, 2020, the City Council adopted Resolution 46-20 approving the final map for Subdivision 9513 and Resolution 44-20 approving the Subdivision Improvement Agreement with NP Oakley LLC, to construct the necessary subdivision improvements. These subdivision improvements include the construction of the public frontage improvements along Bridgehead Road, signal modification at Main Street and Bridgehead Road, a new traffic signal at Bridgehead Road and Wilbur Avenue, and private infrastructure, such as grading, roadway improvements, streetlights, storm drain, sidewalk, curb, gutter, and landscaping. The in-tract improvements will be privately owned and maintained by Northpoint Development. The frontage improvements along Bridgehead Road will be maintained by the City. Landscaping maintenance along Bridgehead Road will be maintained by the City once the 6-month plant establishment period has been completed.
The Developer has since completed all the required improvements for Subdivision 9513 Phase 1 as shown in the attached Vicinity Map, and the Developer has requested that the City accept the improvements as complete. The Public Works and Engineering staff has completed a final inspection of all subdivision improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, the developer will be required to repair any defective construction. A warranty bond in the 65 amount of 10% of the total cost of the improvements will be on file following acceptance to ensure that the Developer completes any necessary warranty repairs.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
Upon acceptance of the improvements, the City will be obligated to maintain the subdivision improvements along Bridgehead Road such as streetlights, traffic signal, and street sweeping along the project frontage. Preventative street maintenance for public roadways are currently funded using Gas Tax and Stormwater Utility Assessments. Storm drains, lighting, and landscaping are funded through the Community Facilities District. Private subdivision improvements will be funded by Northpoint Development and their will be no fiscal impact to the City.
Staff Recommendation
Staff recommends that the City Council adopt the Resolution accepting the subdivision improvements associated with Subdivision 9513 and to begin the oneyear warranty period.
Attachments
1) Resolution
2) SD 9513 Location Map
66 Resolution No. __-23 Page 1
RESOLUTION NO. __-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY,
ACCEPTING THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
OAKLEY LOGISTICS CENTER SUBDIVISION 9513 AND BEGINNING THE
ONE-YEAR WARRANTY PERIOD FOR THE SUBDIVISION IMPROVEMENTS WHEREAS, On December 17, 2019, the City Council adopted Resolution 147-19 approving the Oakley Logistics Center Vesting Tentative Map (TM 05-18) and Design Review (DR 12-18) conditionally approving the tentative map to subdivide the 375.7-acre site 8 parcels. The subdivision is located on the east side of Bridgehead Road and Wilbur Avenue.; and,
WHEREAS, On April 14, 2020, the City Council adopted Resolution 46-20 approving the final map for Subdivision 9513 and Resolution 44-20 approving the Subdivision Improvement Agreement with NP Oakley LLC to construct the necessary subdivision improvements. This subdivision improvements includes the construction of the public frontage improvements along Bridgehead Road, signal modification at Main Street and Bridgehead Road, a new traffic signal at Bridgehead Road and Wilbur Avenue, and private infrastructure such as grading, roadway improvements, streetlights, storm drain, sidewalk, curb, gutter, and landscaping. The in-tract improvements will be privately owned and maintained by Northpoint Development. The frontage improvements along Bridgehead Road will be maintained by the City. Landscaping maintenance along Bridgehead Road will be maintained by the City once the 6-month plant establishment period has been completed; and,
WHEREAS, The Developer has since completed all the required improvements for Subdivision 9513 and the Developer has requested that the City accept the improvements as complete. The Public Works and Engineering staff has completed a final inspection of all subdivision improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, the developer will be required to repair any defective construction. A warranty bond in the amount of 10% of the total cost of the improvements will be on file following acceptance to ensure that the Developer completes any necessary warranty repairs; and,
NOW THEREFORE, the City Council of the City of Oakley hereby resolves as follows:
a) The Subdivision Improvements associated with Subdivision 9513 have been accepted as complete and the areas designated for private use such as Parcels B (Wilbur Avenue, and Logistics Center Drive) and Parcel A, will be maintained by the property management company; and, 67 Resolution No. __-23 Page 2
b) Accept the dedication for Bridgehead Road, for roadway purposes as public right of way. Frontage improvements such as roadway improvements, curb, gutter, sidewalk, storm drain, and lighting will be maintained by the city. Frontage landscape improvements along Bridgehead Road will be maintained by the city once the six-month plant establishment period is completed; and,
c) In accordance with the City Clerk’s Statement on the Subdivision 9513 Final Map, the roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted; and,
d) The one-year warranty period required by the agreement for Subdivision Improvements has begun as of the date of adoption of this resolution and that NP Oakley LLC, shall repair any defective subdivision improvements associated with Subdivision 9513, as identified by City personnel, so long as the defective improvements are identified within one-year of the date of adoption of this resolution.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 13th of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
ATTEST: Aaron Meadows, Mayor
______
Libby Vreonis, City Clerk Date
68 Maxar
Wilbur Avenue
Wilbur Avenue
Logistics Center Drive
¯
0 0.05 0.1 0.2 Miles Vicinity Map
Subdivision 9513
Oakley Logistics Center
Legend
Public Street
Private Street
Lot 1
Lot 2
69 STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Acceptance of Subdivision Improvements Associated with the Oakley Logistics Center (Phase 2) Subdivision 9549 located at Wilbur Avenue and Industrial Way
Background and Analysis
On December 17, 2019, the City Council adopted Resolution 147-19 approving the Oakley Logistics Center Vesting Tentative Map (TM 05-18) and Design Review (DR 12-18) conditionally approving the tentative map to subdivide the 375.7-acre site 8 parcels. The subdivision is located on Wilbur Avenue and Industrial Way. The entire project was phased in 2 phases. Phase 1 is comprised of Buildings 1 and 2 and Phase 2 constructed Buildings 3, 4, and 5.
On November 10, 2020, the City Council adopted Resolution 144-20 approving the final map for Subdivision 9549 and Resolution 143-20 approving the Subdivision Improvement Agreement with NP Oakley LLC to construct the necessary subdivision improvements. These subdivision improvements include the construction of private infrastructure for “D Street” (now named Industrial Way) such as grading, roadway improvements, streetlights, storm drain, sidewalk, curb, gutter, and landscaping. The in-tract improvements will be privately owned and maintained by Northpoint Development.
The Developer has since completed all the required improvements for Subdivision 9549 Phase 2 as shown in the attached Vicinity Map, and the Developer has requested that the City accept the improvements as complete. The Public Works and Engineering staff has completed a final inspection of all subdivision improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, the developer will be required to repair any defective construction. A warranty bond in the amount of 10% of the total cost of the improvements will be on file following acceptance to ensure that the Developer completes any necessary warranty repairs. 70 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
No Fiscal Impact to the city. Private subdivision improvements will be funded by Northpoint Development.
Staff Recommendation
Staff recommends that the City Council adopt the Resolution accepting the subdivision improvements associated with Subdivision 9549 and to begin the oneyear warranty period.
Attachments
1) Resolution
2) SD 9549 Location Map
71 Resolution No. __-23 Page 1
RESOLUTION NO. __-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY,
ACCEPTING THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH
OAKLEY LOGISTICS CENTER SUBDIVISION 9549 AND BEGINNING THE
ONE-YEAR WARRANTY PERIOD FOR THE SUBDIVISION IMPROVEMENTS WHEREAS, On December 17, 2019, the City Council adopted Resolution 147-19 approving the Oakley Logistics Center Vesting Tentative Map (TM 05-18) and Design Review (DR 12-18) conditionally approving the tentative map to subdivide the 375.7-acre site 8 parcels. The subdivision is located on the east side of Bridgehead Road and Wilbur Avenue.; and,
WHEREAS, On November 10, 2020, the City Council adopted Resolution 144-20 approving the final map for Subdivision 9549 and Resolution 143-20 approving the Subdivision Improvement Agreement with NP Oakley LLC to construct the necessary subdivision improvements. This subdivision improvements includes the construction of private infrastructure for “D Street” (now named as Industrial Way) such as grading, roadway improvements, streetlights, storm drain, sidewalk, curb, gutter, and landscaping. The in-tract improvements will be privately owned and maintained by Northpoint Development; and, WHEREAS, The Developer has since completed all the required improvements for Subdivision 9549 and the Developer has requested that the City accept the improvements as complete. The Public Works and Engineering staff has completed a final inspection of all subdivision improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, the developer will be required to repair any defective construction. A warranty bond in the amount of 10% of the total cost of the improvements will be on file following acceptance to ensure that the Developer completes any necessary warranty repairs; and,
NOW THEREFORE, the City Council of the City of Oakley hereby resolves as follows:
a) The Subdivision Improvements associated with Subdivision 9549 have been accepted as complete and the areas designated for private use such as Parcel A (“D Street” now named as Industrial Way), Parcel B, Parcel C, Parcel D, and Parcel E, will be maintained by the property management company; and,
b) In accordance with the City Clerk’s Statement on the Subdivision 9549 Final Map, the roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted; and,
72 Resolution No. __-23 Page 2
c) The one-year warranty period required by the agreement for Subdivision Improvements has begun as of the date of adoption of this resolution and that NP Oakley LLC, shall repair any defective subdivision improvements associated with Subdivision 9549, as identified by City personnel, so long as the defective improvements are identified within one-year of the date of adoption of this resolution.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 13th of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
ATTEST: Aaron Meadows, Mayor
______
Libby Vreonis, City Clerk Date
73 Maxar
D Street
Legend
Public Street
Private Street
¯
0 0.1 0.2 0.4 Miles
Vicinity Map
Subdivision 9549
Oakley Logistics Center
Lot 5
Lot 4
Lot 3
74 STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to City Council:
Joshua McMurray, City Manager
Date: June 13, 2023
To: Joshua McMurray, City Manager
From: Kevin Rohani, Public Works Director/City Engineer SUBJECT: Annexation Number 34 (Brownstone Subdivision 8803) to the City of Oakley Community Facilities District Number 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On February 12, 2007, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed project comprised of 50 single-family residential lots. The Brownstone (SD 8803) project, located on the north side of Brownstone Road west of Main Street and east of Wallen Lane, is currently comprised of Assessor’s Parcel Number 034-210-009-6.
The Conditions of Approval for the Brownstone project require the property owner to mitigate their 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 Brownstone has requested the City assist them with the annexation 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 Brownstone 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 including the subsequent annual levy of special taxes to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets.
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.
75 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 project to CFD No. 2015-2. The FY 2023-24 special tax rates per single-family parcel are as follows:
Therefore, successful annexation of the Brownstone project into CFD 2015-2 could provide up to $39,356 (in FY 2023-24 dollars) in revenue annually when all units are constructed. The taxes will be collected on the property tax rolls commencing in FY 2023-24.
Recommendation
The conditions of approval for Brownstone (SD 8803) require the property owner to mitigate their 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. 34) 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)
Conclusion
Staff recommends that the City Council adopt the Resolution Approving the Annexation (Annexation No. 34) 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).
FY 2023-24 Maximum Special Tax Rates per Single-Family Parcel Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $165.16
Community Parks Maintenance Tax $364.74
Streetlighting Maintenance Tax $72.01
Neighborhood Parks & Landscape Maintenance Tax $157.64
Stormwater/Water Quality Maintenance Tax $27.56
Total $787.11
76 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); a. Exhibit A: Description of Services;
b. Exhibit B: Cost Estimate; and
c. Exhibit C: Supplement to the Rate and Method of
Apportionment of Special Tax – Tax Zone No. 31.
2. Resolution Approving the Annexation (Annexation No. 34) 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. 34 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); and
4. Amendment No. 34 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
77 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. 34 – Tax Zone No. 31
June 13, 2023
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. 31” attached hereto as Exhibit C and 78 -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.: 034-210-009-6
Acres: 10.91 acres
79 -3-
By executing this Unanimous Approval, the Property Owner agrees to all of the above.
Annexation No. 34 - Tax Zone No. 31
Property Owner
By: CLYDE MILES DEVELOPMENT LLC
Name:
Title:
Notice Address:
80 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.
81 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.
82 Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2023-24 Dollars)
FY 2023-24
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $8,258
Community Parks Maintenance Tax $18,237
Streetlighting Maintenance Tax $3,601
Neighborhood Parks & Landscape Maintenance Tax $7,882
Stormwater/Water Quality Maintenance Tax $1,378
Total $39,356
83 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. 31
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. 34 will be annexed to Tax Zone No. 31 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 84 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).
85 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.
86 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.
87 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. 88 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. 89 Exhibit C
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2023-24 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 $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $157.64 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $118.23 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $78.82 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 $692.59 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $169.52 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
90 Exhibit C
2. Undeveloped Property - The Fiscal Year 2023-24 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, 2024, 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 $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $969.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $969.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $969.62 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 $969.62 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $169.52 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $169.52 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $169.52 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $169.52 per Acre Tax
Maximum
Table 2: Undeveloped Property
FY 2023-24
91 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.
92 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.
93 RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 34) 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 twothirds 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 034- 210-009-6 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. 94 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 034-210-009-6 is annexed into Tax Zone No. 31 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 034-210-009-6 is added to the CFD.
4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Number 034-210-009-6 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 AND ADOPTED by the City Council of the City of Oakley at a meeting held on June 13, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Aaron Meadows, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
95 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 ______________, 2023. _______________________________LIBBY VREONIS, CITY CLERKCITY OF OAKLEYCONTRA COSTA COUNTYSTATE OF CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATIONNo. 34 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 AREGULAR MEETING THEREOF, HELD ON THE _______ DAY OF_______________, 2023, BY ITS RESOLUTION No. _______________.
FILED THIS _______ DAY OF ________________, 2023, 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 CLERKCITY OF OAKLEYCONTRA COSTA COUNTYSTATE 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 RECORDERCONTRA COSTA COUNTYSTATE OF CALIFORNIA Legend
CFD No. 2015-2 BoundaryOakley City Limits/CFD No. 2015-2 Future Annexation AreaParcel Lines 0 2,500 5,000 Feet
±
ANNEXATION NO. 34 - TAX ZONE NO. 31
SEE SHEET 2
ANNEXATION MAP No. 34 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OFLINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TOASSESSOR'S PARCEL NO. 034-210-009-6. 96 ±
SHEET 2 OF 2
APN
034-210-009-6
Brownstone Road
Main Street
W Bolton Road
0 100 200
Feet
Legend
CFD No. 2015-2 Annexation Area No. 34City of Oakley BoundaryParcel Lines Annexation No. 34 - Tax Zone No. 31
(Brownstone SD 8803)
ANNEXATION MAP No. 34 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) 97 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 34 TO
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 34 - Tax Zone No. 31
(Brownstone SD 8803)
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. 34 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. 34 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2023, 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 98 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 with in 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. 34 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 _____________, 2023
By:
Libby Vreonis, City Clerk,
City of Oakley
99 Exhibit A
EXHIBIT A
CITY OF
OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 34 – Tax Zone No. 31
PARCEL DESCRIPTION AND OWNER OF LAND WITHIN
ANNEXATION NO. 34 – TAX ZONE NO. 31
Assessor’s Parcel No. Name(s) of Property Owner(s)
034-210-009-6 CLYDE MILES DEVELOPMENT LLC
100
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. 31
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. 34 will be annexed to Tax Zone No. 31 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 101
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. 102
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.
103
Exhibit B
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having 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 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. 104
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 105
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 106
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 2023-24 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 2023-24 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 $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $157.64 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $118.23 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $78.82 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 $692.59 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $169.52 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
107
Exhibit B
3. Escalation of Maximum Special Tax
On July 1, 2024, 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 $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $969.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $969.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $969.62 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 $969.62 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $169.52 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $169.52 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $169.52 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $169.52 per Acre Tax
Maximum
Table 2: Undeveloped Property
FY 2023-24
108
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.
109
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.
110
STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Accepting the Subdivision Improvements Associated with Stonewood Unit 1A Subdivision 7662 located at southwest corner of Rose Avenue and Longhorn Way
Background and Analysis
On January 9, 2006, the City Council approved the final map for Stonewood 1A Subdivision 7662 and the Subdivision Improvement Agreement with Albert D.
Seeno Construction Company, Inc. hereinafter referred to as the (Developer), to construct the necessary public infrastructure for this subdivision.
The Developer has since completed all the required improvements for Rose Avenue, Longhorn Way, Pato Lane, Millwood Court, Riverwood Court, Cloverbrook Avenue, Frazier Drive and Grapevine Lane as shown in the attached vicinity map. At this time, the Developer has requested that the city accept the subdivision improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety section goal to provide safe streets.
Fiscal Impact
Upon acceptance of the improvements, the City will be obligated to maintain the public infrastructure. Preventative street maintenance for public roadway improvements will be funded using the Gas Tax and landscaping improvements through Zone 3-23.
Staff Recommendation
Staff recommends that the City Council adopt the resolution accepting the subdivision improvements associated with Stonewood Unit 1A Subdivision 7662 and for the City to begin the maintenance of the public infrastructure for this subdivision. 111
Attachments
1) Resolution
2) Vicinity Map
112
Resolution No. __-23 Page 1
RESOLUTION NO. __-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY,
CALIFORNIA, ACCEPTING THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH STONEWOOD UNIT 1A SUBDIVISION 7662 LOCATED
AT THE SOUTHWEST CORNER OF ROSE AVENUE AND LONGHORN WAY WHEREAS, On January 9, 2006, the City Council approved the final map for Stonewood Unit 1A Subdivision 7662 and the Subdivision Improvement Agreement with Albert D. Seeno Construction Company, Inc., hereinafter referred to as the (Developer), to construct the necessary public infrastructure for this subdivision;
WHEREAS, the City of Oakley Public Works and Engineering staff has inspected the Subdivision Improvements and have determined the Developer has since completed all of the required improvements for Rose Avenue, Longhorn Way, Pato Lane, Millwood Court, Riverwood Court, Cloverbrook Avenue, Frazier Drive and Grapevine Lane as shown in the attached vicinity map. At this time, the Developer has requested that the city accept the improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans; WHEREAS, staff recommends that the City Council adopt the Resolution accepting the subdivision improvements associated with Stonewood Unit 1A Subdivision and for the City to begin the maintenance of the public infrastructure for this subdivision;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley as follows:
a) Accept the dedication for Rose Avenue, Longhorn Way, Pato Lane, Millwood Court, Riverwood Court, Cloverbrook Avenue, Frazier Drive and Grapevine Lane as shown in the attached vicinity map for public use as recorded in Subdivision 7662 in Map Book 489 page16, and
b) The roadway improvements for Rose Avenue, Longhorn Way, Pato Lane, Millwood Court, Riverwood Court, Cloverbrook Avenue, Frazier Drive and Grapevine Lane as shown in the attached vicinity map are accepted and begin the maintenance by the City, and c) In accordance with the City Clerk’s Statement on the Subdivision 7662 Final Map, this portion of the map related to these roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted.
113
Resolution No. __-23 Page 2
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 13th of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
ATTEST: Aaron Meadows, Mayor
_____________________
Libby Vreonis, City Clerk Date
114
Maxar, Microsoft
Longhorn Way
Pato Lane
Rose Avenue
Riverwood Court Millwood Court
Cloverbrook Avenue
Frazier Drive
Grapevine Lane
Vicinity Map
Subdivision 7662
Stonewood Unit 1A
¯
0 0.02 0.04 0.09 Miles
115
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Consideration of a Resolution Authorizing the Purchase of a 2023 Chevrolet Silverado 2500 HD for $55,858.54 from California Automotive Retailing Group, Inc. DBA Dublin Chevrolet
Background and Analysis
The Maintenance Division of the Public Works Department is responsible for maintaining the City of Oakley owned infrastructure that includes streets, trails, sidewalks, curb and gutter, parks, playgrounds, facilities, traffic signals, streetlights, storm drain systems, and detention basins.
The Public Works maintenance staff utilizes a wide range of equipment and vehicles to perform these maintenance services. As the Public Works Department continues to grow, and to keep up with increasing public infrastructure that is added to its maintenance inventory; efforts have been made in recent years to upgrade its fleet of vehicles to replace the standard pickup trucks to trucks with service bodies, as shown in the picture below. This will allow space for organizing tools and equipment on the truck, and to have a more efficient operation.
STAFF REPORT
Approved and Forwarded to the City Council
116
The breakdown of a pickup truck that was used by the Building Inspection Division from the Community Development Department, has made it prohibitive to repair a 10-year-old truck with repair costs over the actual value of the truck. This situation presented an opportunity to address the needs of multiple vehicles across departments. The win-win solution that staff collaborated on is for a 2021 GMC Sierra 1/2 standard pickup truck from the Public Works Department to be transferred to the Community Development Department, and be assigned to the Building Inspection Division, so that inspection services will continue unimpeded. The Public Works Department would then purchase a 3/4-ton heavy duty truck with a service body that is much more usable for Public Works operations and needs for pulling trailers and equipment, and to replace the pickup truck that was transferred to the Community Development Department.
Staff solicited quotes from truck dealers for the purchase of the 3/4-ton heavy duty truck with a service body and received (5) five quotes ranging from $55,858.54 to $64,153.14. The lowest quote was from Dublin Chevrolet and included government discounts for municipal fleets and a very good price of $55,858.54. This truck is available at the dealer’s lot and ready for purchase.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Finance and Fiscal Responsibility goals.
Fiscal Impact
The purchase of this truck is funded from the Lighting and Landscaping Assessment District funds that are used for park maintenance services. This new truck will be used in daily park maintenance services. No General Fund dollars would be used for this purchase.
Staff Recommendation
Staff recommends that the City Council Adopt the Resolution approving the purchase of a 3/4- ton heavy duty truck with a service body from Dublin Chevrolet in amount of $55,858.54 and authorize the City’s Purchasing Agent to complete the purchase process.
Attachments
1. Resolution
117
Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE PURCHASE OF A 3/4 TON HEAVY DUTY TRUCK WITH A SERVICE BODY
FROM DUBLIN CHEVROLET
WHEREAS, the Maintenance Division of the Public Works Department is responsible for maintaining the City of Oakley owned infrastructure; and WHEREAS, due to the breakdown of an existing pickup truck that was used for Building Inspection services by the Community Development Department, and the transfer of a Public Works pickup truck to backfill the Community Development Department truck; and WHEREAS, staff has solicited bids from truck dealers for a 3/4-ton heavy duty truck with a service body for use in the Parks Division of the Public Works Department, and received the lowest cost of $55,858.54 from Dublin Chevrolet; and WHEREAS, the City’s Purchasing Policy requires City Council approval for vehicles costing $50,000 or more; and
WHEREAS, funds are available from the current fiscal year’s Landscaping and Lighting Assessment District budget to cover the cost of this purchase.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does hereby approve the purchase of a 3/4-ton heavy duty truck with a service body from Dublin Chevrolet and authorizes the City’s Purchasing Agent to complete the purchase process.
PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
118
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving a list of projects for Fiscal Year 2023/2024 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 done 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
119
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 $1,100,866 in Fiscal Year (FY) 2023/24 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 before July 1, 2023, 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 $1,100,866 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 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road), CIP 293 – Main Street Slurry Seal Project (at Hwy 160), CIP 294 – Pedestrian Crossing Lighting System on O’Hara at Marsh Creek Trail Crossing, CIP 295 – FY 2023/24 Curb, Gutter, Sidewalk Repair and Reconstruction Project, CIP 296 – FY 2023/24 Street Restriping Project, CIP 297 – FY 2023/24 Street Repair and Resurfacing Project are identified in the FY 2023/24 Capital Improvement Program Budget to receive the 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
Adopting the resolution establishing a list of projects will make the City eligible to receive approximately $1,100,866 of RMRA funding. 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 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road), CIP 293 – Main Street Slurry Seal Project (at Hwy 160), CIP 294 – Pedestrian Crossing Lighting System on O’Hara at Marsh Creek Trail Crossing, CIP 295 – FY 2023/24 Curb, Gutter, Sidewalk Repair and Reconstruction Project, CIP 296 – FY 2023/24 Street Restriping Project, CIP 297 – FY 2023/24 Street Repair and Resurfacing Project are identified in the FY 2023/24 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 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road), CIP 293 – Main Street Slurry Seal Project (at Hwy 160), CIP 294 – Pedestrian Crossing Lighting System on O’Hara at Marsh Creek Trail Crossing, CIP 295 – FY 2023/24 Curb, Gutter, Sidewalk Repair and Reconstruction 120
Project, CIP 296 – FY 2023/24 Street Restriping Project, CIP 297 – FY 2023/24 Street Repair and Resurfacing Project to be funded with the Road Maintenance and Rehabilitation Account (RMRA) revenues.
Attachments
1) Resolution
121
Resolution No. XX-23 Page 1 of 5
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/2024 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 $1,100,866 in RMRA funding in Fiscal Year 2023/24 from SB 1; and
WHEREAS, this is the seventh 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 122
Resolution No. XX-23 Page 2 of 5
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 2023/24 Road Maintenance and Rehabilitation Account revenues:
Project Title: CIP 293 – Main Street Slurry Seal Project (at Hwy 160) Project Description: Crack Seal, Slurry Seal
Project Location: The Repair and Resurfacing Project consists of the following Streets: On Main Street near the Highway 160 interchange.
Estimated Project Schedule: Construction Start (July 2023) – Construction Completion (August 2023)
Estimated Project Useful Life: 15 Years
Project Title: CIP 294 – Pedestrian Crossing Lighting System on O’Hara Avenue at Marsh Creek Trail Crossing
Project Description: Install New Pedestrian Crossing Lighting System Project Location: The Project is located on O’Hara Avenue at the Marsh Creek Trail Crossing
Estimated Project Schedule: Construction Start (October 2023) – Construction Completion (February 2024)
Estimated Project Useful Life: 20 Years
123
Resolution No. XX-23 Page 3 of 5
Project Title: CIP 295 – Fiscal Year 2023/24 Curb, Gutter, Sidewalk Repair and Reconstruction Project
Project Description: The project will repair uplifted and broken curb gutter and sidewalk caused by tree roots and overgrowth.
Project Location: The Repair and Reconstruction Project locations will be finalized once determined; locations will be provided during the report.
Estimated Project Schedule: Construction Start (February 2024) – Construction Completion (May 2024)
Estimated Project Useful Life: 20 Years
Project Title: CIP 296 – Fiscal Year 2023/24 Street Restriping Project Project Description: Restripe existing striping.
Project Location: The Restriping Project locations will be finalized once determined; locations will be provided during the report.
Estimated Project Schedule: Construction Start (April 2024) – Construction Completion (May 2024)
Estimated Project Useful Life: 10 Years
Project Title: CIP 297 – Fiscal Year 2023/24 Street Repair and Resurfacing Project
Project Description: Repair and Resurface Existing Streets Project Location: The Repair and Resurfacing Project locations will be finalized once determined; locations will be provided during the report.
Estimated Project Schedule: Construction Start (June 2024) – Construction Completion (December 2024)
Estimated Project Useful Life: 15 Years
3. The following previously proposed and adopted projects may also utilize Fiscal Year 2023/24 Road Maintenance and Rehabilitation Account revenues in their 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:
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Resolution No. XX-23 Page 4 of 5
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 (November 2023)
Estimated Project Useful Life: 20 Years
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 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 (August 2023)
Estimated Project Useful Life: 20 Years
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 (October 2023) – Construction Completion (October 2024)
Estimated Project Useful Life: 20 Years
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Resolution No. XX-23 Page 5 of 5
PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
___________________
ATTEST: Aaron Meadows, Mayor
_________
Libby Vreonis, City Clerk Date
126
STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Creating Zone 188 within the Oakley Special Police Tax Area consisting of the Honey Creekside project (Subdivision 9579) located at 463 and 560 Honey Lane (APNs 033-030-028 and 033-030-032)
Background and Analysis
On April 26, 2022, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed Honey Creekside project (Subdivision 9579) (the “Project”). The Project is designated as Single Family Residential in the Oakley 2020 General Plan and zoned R-6 (Single Family Residential) on the City of Oakley Zoning Map. The Project is currently comprised of APNs 033-030-028 and 033-030- 032, which is expected to be subdivided into 57 single-family residential units at buildout.
The Conditions of Approval for the Project require the Developer 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 Project has requested 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 July 18, 2023, which shall be conducted by the City Clerk via a mail ballot election. The vote will then be ratified at the July 25, 2023, regular City Council meeting, and the ordinance will take effect at that time assuming a favorable vote.
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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 188 to the Oakley Special Police Tax Area. The FY 2023-24 special tax rate for single family parcels is $1,282.30/parcel (FY 2023-24 rates). The project is anticipated to consist of 57 parcels at build-out.
Therefore, successful creation of the Zone is expected to provide up to $73,091.10 (in FY 2023-24 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 Honey Creekside project located at 463 and 560 Honey Lane (APNs 033-030-028 and 033-030-032) 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 July 18, 2023. The election will then be ratified at the July 25, 2023, regular City Council meeting. Staff recommends that the City Council:
1. Adopt the Resolution creating Zone 188 within the Oakley Special Police Tax Area consisting of the Honey Creekside project located at 463 and 560 Honey Lane (APNs 033-030-028 and 033-030-032); and
2. Introduce the Ordinance Establishing a Special Tax for Police Protection.
Attachments
1) Resolution Creating Oakley Special Police Tax Zone 188 1) Exhibit A - Diagram
2) Ordinance Establishing a Special Tax
1) Exhibit A – Diagram
2) Exhibit B – Schedule for Police Service Tax
128
CITY OF OAKLEY
RESOLUTION NO. ___-23
A RESOLUTION CREATING OAKLEY SPECIAL POLICE TAX AREA ZONE 188
WITHIN THE OAKLEY SPECIAL POLICE TAX AREA FOR THE HONEY CREEKSIDE PROJECT (SUBDIVISION 9579) LOCATED AT 463 AND 560 HONEY LANE (APNs 033-030-028 and 033-030-032)
WHEREAS, it is the intention of the City Council to create Oakley Special Police Tax Area Zone 188 (Zone 188) 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 188; and
WHEREAS, the City recognizes the need for increased police protection services within Zone 188 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, the property located at 463 and 560 Honey Lane known as Honey Creekside (the “Project”) is designated as Single Family Residential in the Oakley 2020 General Plan and zoned R-6 (Single Family Residential) on the City of Oakley Zoning Map. The Project is currently comprised of APNs 033-030-028 and 033-030-032, which are expected to be subdivided into 57 single-family residential units at build-out. The Conditions of Approval for the 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 Developer/property owner for the 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 single family parcels is $1,282.30/parcel (FY 2023-24 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 188 is a person who owns real property within Zone 188 at the time Ordinance No. __-23 is adopted, as shown on 129
the last equalized assessment roll prepared by the Contra Costa County Assessor's Office.
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 188 of the Oakley Special Police Tax Area.
3. That Ordinance No. __-23 introduced this date is to be presented for approval of the voters of Zone 188 by a mail ballot election, to be held on July 18, 2023.
The ballot proposition shall read as follows:
"Shall Ordinance No. __-23 of the City Council of the City of Oakley be approved so as to authorize a special tax on property located in Zone 188 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 11 (Single Family Residence – 1 res., 1 site) is $1,282.30 per parcel and $641.15 per vacant parcel per the current FY 2023-24 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 188 of the Oakley Special Police Tax Area shall not be created, and the tax authorized in Ordinance No. __-23 shall not be imposed if the Ordinance is not approved by two-thirds of the voters participating in the election called in Ordinance No. __-23.
PASSED AND ADOPTED by the City Council of the City of Oakley at a 130
meeting held on June 13, 2023, by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
131
APN
033-030-028
APN
033-030-032
Marsh Creek
Cre
e
k
sid
e
Wa
y
Ramos Ranch Road
EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 188
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
HONEY CREEKSIDE (SUBDIVISION 9579)
Legend
Zone 188 Boundary
Parcel Lines
132
CITY OF OAKLEY
ORDINANCE NO. __-23
AN ORDINANCE OF THE CITY OF OAKLEY ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 188 WITHIN THE OAKLEY SPECIAL POLICE TAX
AREA FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE HONEY CREEKSIDE PROJECT (SUBDIVISION 9579) LOCATED AT 463 AND 560 HONEY LANE (APNs 033-030-028 and 033-030-032)
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 real property that is within Oakley Special Police Tax Area Zone 188 of the Oakley Special Police Tax Area as shown on the Exhibit A map attached hereto 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 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 188.
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 133
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 188 (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 188, 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, 2023, through June 30, 2024) 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.
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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, 2024, 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.
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.
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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 July 18, 2023 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.
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on July 25, 2023, by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Aaron Meadows, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
136
APN
033-030-028
APN
033-030-032
Marsh Creek
Cre
e
k
sid
e
Wa
y
Ramos Ranch Road
EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 188
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
HONEY CREEKSIDE (SUBDIVISION 9579)
Legend
Zone 188 Boundary
Parcel Lines
137
PROPERTY USE
CODE CATEGORY DESCRIPTION
FY22/23 TAX
PER PARCEL
FY23/24 TAX
PER PARCEL
11 Single Family Residence – 1res., 1 site $1,230.73 $1,282.30 12 Single Family Residence – 1 res., 2 or more sites $1,230.73 $1,282.30 13 Single Family Residence – 2 res., on 1 or more sites $1,969.17 $2,051.68 14 Single Family Residence – other than single fam. Land $1,230.73 $1,282.30 15 Misc. Improvements – 1 site $1,230.73 $1,282.30
16 Misc. Improvements – 2 or more sites $1,230.73 $1,282.30 17 Vacant – 1 site $615.37 $641.15
18 Vacant – 2 or more sites $615.37 $641.15
19 Single Family Residence – Det. W/common area $1,230.73 $1,282.30 20 Vacant – Multiple $615.37 $641.15
21 Duplex $1,969.17 $2,051.68
22 Triplex $2,953.75 $3,077.52
23 Fourplex $3,938.34 $4,103.36
24 Combinations $1,230.73 $1,282.30
25 Apartments (5 –12 Units) $4,922.92 $5,129.20
26 Apartments (13 – 24 Units) $12,799.59 $13,335.92
27 Apartments (25 – 59 Units) $24,614.60 $25,646.00
28 Apartments (60+ units) $59,075.04 $61,550.40
29 Attached PUDs: Cluster Homes, Condos, etc. $1,230.73 $1,282.30 30 Vacant – Commercial $615.37 $641.15
31 Commercial Stores – Not Supermarkets $2,461.46 $2,564.60 32 Small Grocery Stores – (7-11, etc.) $3,692.19 $3,846.90 33 Office Buildings $2,461.46 $2,564.60
34 Medical, Dental $2,461.46 $2,564.60
35 Service Stations, Car Wash $2,461.46 $2,564.60
36 Garages $2,461.46 $2,564.60
37 Community Facilities (Recreational, etc.) $4,922.92 $5,129.20 38 Golf Courses $2,461.46 $2,564.60
39 Bowling Alleys $1,230.73 $1,282.30
40 Boat Harbors $3,076.83 $3,205.75
41 Supermarkets – (not shopping centers) $3,692.19 $3,846.90 42 Shopping Centers $4,922.92 $5,129.20
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,230.73 $1,282.30 44 Motels, Hotels & Mobile Home Parks $6,153.65 $6,411.50 45 Theaters $2,769.14 $2,885.18
46 Drive-in Restaurants $1,846.10 $1,923.45
47 Restaurants $1,846.10 $1,923.45
48 Multiple & Commercial $1,846.10 $1,923.45
49 New Car Agencies $1,846.10 $1,923.45
50 Vacant Land (not part of Ind. Park or P. & D.) $461.52 $480.86 51 Industrial Park $3,692.19 $3,846.90
52 Research & Development $1,846.10 $1,923.45
53 Light Industrial $1,846.10 $1,923.45
54 Heavy Industrial $1,846.10 $1,923.45
55 Mini Warehouses (public storage) $3,692.19 $3,846.90 56 Misc. Improvements $3,692.19 $3,846.90
61 Rural, Res., Improvement 1A-10A $923.05 $961.73
62 Rural, w/or w/o structure 1A-10A $923.05 $961.73
70 Convalescent Hospitals / Rest Homes $1,846.10 $1,923.45 73 Hospitals $1,846.10 $1,923.45
74 Cemeteries / Mortuaries $1,846.10 $1,923.45
75 Fraternal & Service Organizations $1,846.10 $1,923.45 76 Retirement Housing Complex $6,153.65 $6,411.50
78 Parks & Playgrounds $3,692.19 $3,846.90
85 Public & Private Parking $1,846.10 $1,923.45
87 Common Area $1,846.10 $1,923.45
88 Mobile Homes $923.05 $961.73
89 Other (split parcels in different tax code areas) $923.05 $961.73 99 Homeowner's Association Owned Common Areas $738.44 $769.38
CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2022-23 in the San Francisco-Oakland-Bay Area Consumer Price 4.19% Index for all Urban Consumers.
CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2023/2024
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.
5/25/2023
138
STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 13, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Public Hearing to Consider Confirming the Diagrams and Assessments and Ordering the Levy and Collection of the Annual Assessments for Fiscal Year 2023-24 for the City of Oakley Street Lighting and Landscape Assessment District No. 1
Background and Analysis
On July 10, 2000, the City Council approved a resolution ordering the formation of the City of Oakley Street Lighting and Landscape Assessment District No. 1 (District) to fund the annual costs to operate and maintain public parks, landscaping, and streetlighting within the District. Prior to July 10, 2000, the annual operation and maintenance costs were funded through the Countywide Landscaping and Lighting District (LL-2) and County Service Area L-100 (CSA L-100).
In accordance with the Landscape and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.), the City is required to have an Engineer’s Report prepared annually. As in past years, the City Engineer utilized the services of Francisco & Associates to prepare this year’s Engineer’s Report. The Fiscal Year (FY) 2023-24 Engineer’s Report contains; a full and detailed description of the improvements to be operated and maintained, the ensuing year’s operation and maintenance budget, the method used to spread the operation and maintenance costs to the benefitting parcels within the District, a diagram showing the boundaries of the District and each zone within the District, and a listing of each individual parcel’s assessment. The FY 2023-24 Engineer’s Report has been filed with the City Clerk in advance of the Public Hearing.
On May 9, 2023, the City Council approved Resolution No. 47-23 initiating the annual approval process and approved Resolution No. 48-23 declaring the intent to levy and collect assessments for FY 2023-24, approving the Preliminary Engineer’s Report, and setting June 13, 2023, as the date for the Public Hearing. As required by law, a notice for the Public Hearing was published in the local newspaper at least ten days in advance of the Public Hearing.
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The District includes three zones, two of which are Citywide. Zone 1, commonly known as the Citywide Parks and Landscaping Zone, provides for the operation and maintenance of community parks, landscaping, and recreational facilities throughout the City. Zone 2, commonly known as the Citywide Street Lighting Zone, provides for the operation and maintenance of streetlights within the public right of ways throughout the City. Zone 3, commonly known as the Neighborhood Zone contains 26 neighborhood sub-zones and provides for the operation and maintenance of landscaping and neighborhood parks for specific developments.
While the purpose of the Engineer’s Report is to establish the assessment rates to be levied for the year, Staff uses the document to review the overall financial health of the individual zones within the District. It is important to note that the budgets are based on the best current information and Staff’s projections for the ensuing fiscal year.
There are no proposed assessment rate increases in the District for Fiscal Year 2023- 24 above the allowed maximum assessment rates.
Zone 1 has had several projects come on-line in recent years including the Marsh Creek restoration project, the Main Street medians in the downtown area that are being expanded as part of the road improvement project, the addition of new landscaping located at the Highway Off Ramp/Main Street at Neroly Rd intersection, and improvements to the Moura property.
Zone 2 continues to rely on a contribution from Gas Tax to fund the PG&E utility charges. Assessments are expected to be up slightly from what was budgeted last year, but a Gas Tax contribution of approximately $190,000 for FY 2023-24 is expected, based on FY 2022-23 costs. There are avenues Staff is pursuing to offset the Gas Tax contribution. First, all new development in the City is annexing into the City’s Community Facilities District No. 2015-2 in lieu of the LLAD and in-tract streetlighting for these new developments is funded by the CFD. Also, CFD No. 2015- 2 is apportioned a share of cost associated with streetlights located along arterials and major roadways. Furthermore, the installation of new LED lamps is expected to lower energy costs into the future.
Zone 3 consists of 26 sub-zones, each of which has its own individual City fund and corresponding budget table. Each sub-zone’s projected revenues roughly equal or exceed its annual expenditures. Careful review of the individual sub-zone budgets will reveal that some total expenditures are slightly higher than the revenues; in practicality Staff will be managing actual costs throughout the year to try and not spend more funds than are being generated annually, unless absolutely necessary. Some of the older zones need to be managed very closely to ensure adequate funds are available, but that is no different than years past.
The Public Hearing also provides an opportunity for the Council to hear testimony regarding the proposed FY 2023-24 assessments, and at the conclusion of the Public Hearing, the City Clerk must tabulate all written protests that have been filed and not withdrawn. If property owners owning more than 50% of the assessable land within 140
the proposed District have filed written protests, the Council must abandon the proceedings to levy assessments for FY 2023-24. However, if written protests representing less than 50% of the assessable land within the proposed District have been filed, the Council may proceed with ordering the levying of assessments for FY 2023-24.
At the close of the Public Hearing and prior to adopting the Resolution, the Mayor should request information from the City Clerk as to whether any written protests have been filed and what level of assessable land the protests represent in order to determine whether a majority protest exists.
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
For FY 2023-24, it is estimated that the City of Oakley Street Lighting and Landscape Assessment District No. 1 will provide the following revenue:
Zone 1 (Community Parks) - $1,458,540
Zone 2 (Citywide Streetlighting) - $255,916
Zone 3 (Project Specific Landscaping) - $3,170,015
Total $4,884,471
Recommendation
At the conclusion of the Public Hearing, if no majority protest has been filed with the City Clerk protesting the assessments, staff recommends that the City Council adopt the Resolution confirming the diagrams and assessments and ordering the levy and collection of the annual assessments for FY 2023-24 for the City of Oakley Street Lighting and Landscape Assessment District No. 1.
Attachments
1. Resolution confirming the diagrams and assessments and ordering the levy and collection of the annual assessments for FY 2023-24 for the City of Oakley Street Lighting and Landscape Assessment District No. 1
2. FY 2023-24 Final Engineer’s Report
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Resolution No. XX-23 Page 1 of 2
RESOLUTION NO. XX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY CONFIRMING
THE DIAGRAMS AND ASSESSMENTS AND ORDERING THE LEVY AND
COLLECTION OF THE ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR
THE CITY OF OAKLEY STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1
WHEREAS, on July 10, 2000, the City of Oakley Street Lighting and Landscape Assessment District No. 1 (the “District”) was formed by the adoption of Resolution 67-00; and WHEREAS, subsequent to the July 10, 2000, formation of the District, various new subdivisions have been annexed into the District in accordance with the requirements of the Landscape and Lighting Act of 1972 and Proposition 218; and WHEREAS, on May 9, 2023, the City Council adopted Resolution 48-23 approving the Preliminary Engineer’s Report, Declaring the Intent to Levy and Collect Assessments for Fiscal Year (FY) 2023-24, and setting the Public Hearing for June 13, 2023, for the City of Oakley Street Lighting and Landscape Assessment District No. 1; and WHEREAS, the City Clerk has published notice of this hearing as required by law; and WHEREAS, at the time appointed on June 13, 2023, the City Council did conduct a duly noticed Public Hearing at which all interested persons were afforded an opportunity to be heard and to register their protest against the proposed assessments; and WHEREAS, the assessment revenues and operating expenditures estimates in the Engineer’s Report represent an update to the amounts estimated in the City’s Recommended Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby finds and determines as follows:
1. A majority protest has not been filed with the City Clerk protesting the levy and collection of assessments for FY 2023-24 for the City of Oakley Street Lighting and Assessment District No. 1.
2. The plans and specifications for the proposed maintenance, operation, and/or servicing as contained in the Final Engineer’s Report are hereby approved and confirmed.
3. The Engineer’s actual itemized and total costs and expenses of said maintenance, operation and/or servicing and of the incidental expenses in connection therewith, contained in said report are approved and confirmed.
4. The diagrams indicating the assessment district referred to and described in 142
Resolution No. XX-23 Page 2 of 2
Resolution No. XX-23 are hereby approved and confirmed.
5. The proposed assessments upon the parcels of land with the proposed boundaries of the assessment district in proportion to the estimated benefits to be received from said maintenance, operation and/or servicing, and of the incidental expenses thereof, as contained in the Final Engineer’s Report are hereby approved and confirmed.
6. The Engineer of Work is directed to submit the Engineer’s Report to the County Auditor for the collection and enforcement of the assessments at the same time and in the same manner as county taxes are collected for FY 2023-24.
7. The Finance Director is directed to adjust the FY 2023-24 City’s Budget to reflect the assessment revenues and operating expenditures shown in the Engineer’s Report for each Lighting and Landscaping District Fund.
PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________
Aaron Meadows, Mayor
ATTEST:
________ ____
Libby Vreonis, City Clerk Date
143
Street LighƟng and Landscape
Assessment District No. 1
Fiscal Year 2023‐24
Final Engineer’s Report
June 13, 2023
144
City of Oakley
Street Lighting and Landscape Assessment District No. 1 TABLE OF CONTENTS i
Page No.
City of Oakley City Council Members and Staff ............................................................ ii Certificates .................................................................................................................. iii SECTION I – Introduction ........................................................................................... 1 SECTION II – Annexation of Territory ......................................................................... 4 SECTION III – Engineer’s Report ................................................................................ 6 Part A – Plans and Specifications ..................................................................... 8 Part B – Estimate of Cost ................................................................................. 16 Table No. 1 – FY 2023-24 Budget Summary ...................................... 16 Part C – Assessment District Diagram ............................................................. 17 Part D – Method of Apportionment of Assessment ........................................... 21 General vs. Special Benefit ................................................................ 22 Part E – Property Owner List & Assessment Roll ............................................. 41
APPENDICES
Appendix A – Benefit Zone 1 (Community Parks, Landscaping & Recreation) – Detailed Maintenance Diagrams
Appendix B – Benefit Zone 3 (Interior Landscaping/Neighborhood Parks) – Detailed Maintenance Diagrams
Appendix C – Detailed Cost Estimate of the Improvements for each Benefit Zone Appendix D – Benefit Zone 2 - Streetlighting Equivalent Dwelling Units by Land Use Classification
Appendix E – Assessment Roll
145
City of Oakley
Street Lighting and Landscape Assessment District No. 1 AGENCY DIRECTORY ii
CITY OF OAKLEY
STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1 FISCAL YEAR 2023-24
CITY OF OAKLEY CITY COUNCIL MEMBERS AND STAFF
Aaron Meadows
Mayor
Anissa Williams
Vice Mayor
George Fuller
Council Member
Shannon Shaw
Council Member
Hugh Henderson
Council Member
Joshua McMurray
City Manager
Derek P. Cole
City Attorney
Tim Przybyla
Finance Director
Kevin Rohani, P.E.
Public Works Director/City Engineer
Francisco & Associates
Assessment Engineer
146
City of Oakley
Street Lighting and Landscape Assessment District No. 1 CERTIFICATES iii
ENGINEER’S REPORT
CITY OF OAKLEY
STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1 FISCAL YEAR 2023-24
The undersigned, acting on behalf of the City of Oakley, respectfully submits the enclosed Engineer’s Report as directed by the Oakley City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, and Section 22500 et seq of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: May 18, 2023 By:
Kevin Rohani
City Engineer
RCE No. 51138
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram, thereto attached, was filed with me on the day of , 2023.
Libby Vreonis
City Clerk
City of Oakley, California
By:
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of City of Oakley, California, on the day of , 2023.
Libby Vreonis
City Clerk
City of Oakley, California
By:
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram, thereto attached, was filed with the Contra Costa County Auditor, on the day of , 2023.
Libby Vreonis
City Clerk
City of Oakley, California
By:
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City of Oakley SECTION I
Street Lighting and Landscape Assessment District No. 1 INTRODUCTION 1 SECTION I
INTRODUCTION
ENGINEER'S REPORT
CITY OF OAKLEY
STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1 FISCAL YEAR 2023-24
In 1999 the City of Oakley was incorporated. Certain areas within the City limits of Oakley were previously located within and benefited from the Contra Costa Countywide Landscaping District (LL-2) and the Street Lighting Assessment District (L-100). Through the formation of the Street Lighting and Landscaping Assessment District No. 1 (“District”) in Fiscal Year 2000-01, the City of Oakley transferred the responsibility of the park and recreational, streetlighting and landscaping improvements from the County to the City.
As required by the 1972 Act, the City sent notices to each property owner informing them of the formation of the District and allowed them the opportunity to attend a Public Meeting and a Public Hearing held June 26, 2000 and July 10, 2000, respectively. At the Public Hearing, written protests representing more than 50% of the parcels being assessed were not received and, accordingly, the City Council was permitted to form the assessment district. City Council subsequently adopted a resolution confirming the levy of assessments. Following the adoption of this resolution, the Assessor’s Roll was prepared and filed with the County Auditor’s Office to be included on the Fiscal Year 2000-01 tax roll.
Background Information for Zone 1 (Community Parks, Landscaping & Recreation) The Contra Costa County Board of Supervisors, through the Landscaping and Lighting Act of 1972, approved the formation of the Countywide Landscaping District (LL-2).
Improvements that were authorized to be constructed, operated, maintained and serviced included:
Landscaping, irrigation, landscape and recreational lighting, park and recreational facilities, including but not limited to playground equipment, play courts, public restrooms, and associated appurtenant facilities.
Generally the public improvements were constructed by developers as a part of the conditions permitting the developer to construct new housing or commercial/industrial developments. However, the ongoing operation and maintenance of the various improvements were financed through the LL-2. The LL-2 is composed of benefit zones to ensure that the operation and maintenance costs of the landscaping and park and recreational improvements are specifically paid for by those property owners who directly benefit from the improvements.
The Oakley Municipal Advisory Council’s Parks Subcommittee recognized the need to develop attractive parks, well-maintained landscaped areas and recreation facilities and 148
City of Oakley SECTION I
Street Lighting and Landscape Assessment District No. 1 INTRODUCTION 2 wanted to provide a funding source that would satisfy those needs. On September 22, 1987, the Board of Supervisors of Contra Costa County adopted Resolution No. 87-566 for the annexation of the Oakley area to the Countywide Landscaping District, forming Zone 16. When the City of Oakley incorporated in 1999, Zone 16 of LL-2 became Zone 1 of the Oakley Street Lighting & Landscape Assessment District. The original assessment per single family residence was $29.80 which was set in FY 1987-88. The assessment rate was subsequently increased to $31.88 per single-family parcel and has remained at this rate since FY 1995-96. The Zone 1 assessment rate was not intended to be increased until such time that the annual costs to maintain the facilities exceeded the annual revenue generated through the levy of assessments.
In Fiscal Year 2003-04, City Staff analyzed the Zone 1 assessment rate to determine if the revenues would be sufficient to meet the newly adopted goals of the City’s Parks & Recreation Master Plan 2021 which stipulates a goal of 6.0 acres of parkland per 1,000 residents. The analysis of the Zone 1 rate concluded that the City would need to charge future (new) development $211.33 (in FY 2004-05 dollars) per single family home to ensure that a stable revenue source would be available for the newly adopted goal of 6.0 acres of parkland per 1,000 residents. On May 27, 2003, City Staff presented this analysis to Council and Council concurred that the assessment rate for all future (new) development would be $211.33 per single family home resulting in the creation of Zone 1-A. Commencing with FY 2004-05, the maximum assessment rate for Zone 1-A has been increased annually based upon the change in the Consumer Price Index for the Bay Area.
In FY 2005-06, Contra Costa County created Zone 1-B to provide a stable funding source for the Summer Lake Community Park as part of the Summer Lake Development and other community facilities. The City subsequently annexed this territory into the City of Oakley in 2006.
Background Information for Zone 2 (Streetlighting)
The Contra Costa County Board of Supervisors, on October 31, 1978, instructed the Public Works Director to develop an alternate means to supplement the ad-valorem tax revenue to fund streetlighting in various County Service Areas. As provided in the County Service Area Law, Government Code, Sections 25210.1 and following, the Board of Supervisors adopted Ordinance No. 79-42 on March 27, 1979 confirming the formation of a Street Lighting Assessment District (L-100) to fund the operation and maintenance of streetlights. Improvements that are authorized to be constructed, operated, maintained and serviced include:
Poles, fixtures, bulbs, conduits, wiring equipment including guys, anchors, posts and pedestals, metering devices and associated appurtenant facilities.
The areas of the County streetlighting district that were subsequently annexed into the City of Oakley in 2000 are now a part of the City of Oakley Street Lighting and Landscape 149
City of Oakley SECTION I
Street Lighting and Landscape Assessment District No. 1 INTRODUCTION 3 Assessment District No. 1. This portion of the streetlighting assessment is identified as Zone 2 of the Oakley Street Lighting and Landscape Assessment District No. 1.
In Fiscal Year 2005-06, City Staff analyzed the Zone 2 assessment rate to ensure that revenues would be sufficient to meet the rising energy costs. The analysis of Zone 2 concluded that the City would need to charge new development $42.81 (in FY 2005-06 dollars) per single family home to ensure that a stable revenue source for rising energy costs would be created. Commencing with FY 2006-07, the maximum assessment rate for Zone 2-A has been increased annually based upon the change in the Consumer Price Index for the Bay Area.
Background Information for Zone 3 (Interior Landscaping/Neighborhood Parks) In addition to Zone 16 of LL-2, many of the subdivisions within LL-2 included public landscaping improvements which had individual Zones for the operation and maintenance of the interior landscaping. When the City of Oakley incorporated in 1999, these existing landscaping Zones were transferred to the Oakley Street Lighting and Landscape Assessment District No. 1 as subzones of Zone 3. The facilities that are operated and maintained within these subzones are described in further detail in Section III, Part A of this report. As new properties are developed, they are required to annex into an existing subzone or form a new subzone to operate and maintain the facilities.
Current Information
As required by the Landscaping and Lighting Act of 1972, this annual Engineer’s Report includes: (1) a description by benefit zone of the improvements to be operated, maintained and serviced by the District, (2) an estimated budget by benefit zone for the District, and (3) a listing of the proposed assessments to be levied upon each assessable lot or parcel within the District.
The Oakley City Council will hold a Public Hearing on June 13, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the Assessor’s Roll will be prepared and filed with the Contra Costa County Auditor’s Office, to be included on the FY 2023-24 tax roll.
Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.
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City of Oakley SECTION II
Street Lighting and Landscape Assessment District No. 1 ANNEXATION OF TERRITORY 4 SECTION II
ANNEXATION OF TERRITORY
CITY OF OAKLEY
STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1 FISCAL YEAR 2023-24
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.
These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases to an assessment or annexation of territory to an existing District that creates a new assessment must comply with the provisions of Proposition 218. However, if the increase in assessment were anticipated in the assessment formula (e.g., consumer price index increase or assessment cap) then the assessment would be in compliance with the intent and provisions of Proposition 218.
Future Annexation Information
Generally, developers as a part of their conditions permitting the developer to construct new housing or commercial/industrial developments, construct public improvements such as parks, landscaping and streetlighting. The ongoing operation, maintenance and servicing of these improvements can be financed through the District. Annexation of the development project to the District ensures that the operation, maintenance and servicing of the improvements are specifically paid for by those property owners who directly benefit from the improvements.
In order to comply with the requirements of Proposition 218, the City of Oakley implements the following procedures:
1) Every property owner within the area being annexed will be mailed a ballot, which will allow the property owner to cast their vote on whether to annex into the existing assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, the basis upon which the assessment is calculated, and the date and time for a public hearing will accompany the ballots.
2) After the close of the set Public Hearing, the ballots, which are returned within 45 days after mailing, will be tabulated to determine whether or not a majority protest against the assessment exists.
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City of Oakley SECTION II
Street Lighting and Landscape Assessment District No. 1 ANNEXATION OF TERRITORY 5 3) The ballots are weighted based on the proportionate amount of their maximum assessment for each Zone they are being annexed into. 4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities.
All property owners within an annex area will be noticed in accordance with Proposition 218 prior to the Public Hearing. At the conclusion of the Public Hearing, and after the ballots have been tabulated, the City Council may adopt a resolution confirming the maximum assessment rate.
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 ENGINEER'S REPORT 6 SECTION III
ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
CITY OF OAKLEY
STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1 FISCAL YEAR 2023-24
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation No. 47-23 and Resolution of Intention, accepting the Preliminary Engineer’s Report No. 48-23, both adopted on May 9, 2023, by the Oakley City Council, State of California, in connection with the proceedings for:
CITY OF OAKLEY
STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT NO. 1 Herein after referred to as the "Assessment District", I, Kevin Rohani, P.E., the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements to be maintained within the District. Plans and specifications for the improvements are on file in the Public Works Department.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the administration, maintenance, operations, and servicing of the improvements in each benefit zone as described in Part A (Plans and Specifications). This part includes the estimated expenses for Fiscal Year 2023-24 in addition to the proposed budget for Fiscal Year 2023-24 for each of the benefit zones.
The detailed budget information is on file in the Public Works Department.
PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates by reference a diagram of the Assessment District showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. This diagram is on file in the Office of the City Clerk of the City of Oakley.
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 ENGINEER'S REPORT 7 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the Assessment District, in proportion to the estimated special benefits to be received.
PART E: PROPERTY LIST & ASSESSMENT ROLL
This part contains a list of the parcels and proposed assessment amount on each benefited lot or parcel of land within the District. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference and is filed in the Office of the City Clerk of the City of Oakley.
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 8 PART A
PLANS AND SPECIFICATIONS
The assessment district is composed of three (3) benefit zones. Benefit Zone 1 (Community Parks, Landscaping & Recreation Facilities) consists of all the parcels that benefit from the construction, operation, maintenance, and servicing of community park, landscaping, and recreational facilities. Benefit Zone 2 (Streetlighting) consists of all the parcels that benefit from the construction, operation, maintenance, and servicing of streetlighting facilities. Benefit Zone 3 (Interior Landscaping/Neighborhood Parks) consists of twenty-six (26) sub-zones and includes all the parcels that benefit from the construction, operation, maintenance and servicing of landscaping and neighborhood park facilities. The improvements associated with each benefit zone are described below:
Benefit Zone 1 – Community Parks, Landscaping & Recreation Facilities The community park, landscaping and recreation facilities consist of, but are not limited to: operation and maintenance of park and recreation facilities, plants, shrubbery, trees, irrigation systems, hardscape, sidewalks, trails, lights, playground equipment, play courts, restrooms, and associated appurtenant facilities located within the public rights-of-way, public property and designated easements within the boundaries of the Assessment District. A listing of the current parks maintained is listed below and is also shown in Appendix “A”:
Contribution to Vintage Parkway, O'Hara, Oakley & Gehringer School Parks (these are owned by the Oakley Union Elementary School District) Main Street Landscaping (segments)
Empire Avenue Landscaping (segments)
Crockett Park (4.66 acres)
Main Street Park (.40 acres)
Laurel Ball Fields Park (13.63 acres)
Freedom Basin Park (8.5 acres)
Laurel Road Landscaping (segments)
Civic Center Park (1.0 acres)
Dewey Park (0.20 acres)
Cypress/Marsh Creek Trailhead
Neroly Road Landscaping (segments)
O’Hara Avenue Landscaping (segments)
Hwy 160 Off Ramp/Main Street Neroly Rd
Vintage Parkway Landscaping (Main Street to the overpass) Contribution to Zone 3-17 for Creekside Park (10.0 acres) Contribution to Zone 3-18 for Nutmeg Park (2.6 acres) Contribution to Zone 3-19 for Nunn-Wilson Family Park (3.0 acres) Contribution to Zone 3-22 for Cypress Grove Park (6.0 acres) Contribution to Zone 3-23 for Shady Oak Park (5.0 acres) Contribution to Zone 3-25 for Magnolia Park (5.0 acres) Contribution to Zone 3-26 for Summer Lake Park (17 acres) 155
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 9 Benefit Zone 2 - Streetlighting
The lighting facilities consist of, but are not limited to: poles, fixtures, bulbs, conduits, wiring, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting located within the public rights-ofway, public property and designated easements within the boundaries of the Assessment District.
Benefit Zone 3 – Interior Landscaping/Neighborhood Parks The landscaping facilities consist of, but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, sidewalks, trails, and appurtenant facilities located within public rights-of-way, public property and designated easements within the boundaries of the Assessment District.
The following is a detailed description of each of the twenty-six (26) landscaping subzones located within Benefit Zone 3 and is also shown in Appendix “B”.
Zone 3-1 (Vintage Parkway)
Landscaping, irrigation, and related improvements within public street rights-of-way of Subdivisions 6333, 6821, 6862, 7089, 7193, 7229, 7372, 7585, 7654, and portions of 6452, 6576 and 6577, and along the frontage on Big Break Road north until the end of Tract 6333 and on from Big Break Road to Highway 4. Includes Vintage Parkway, Rutherford Way, Piper Lane, and Walnut Meadows Drive.
Zone 3-2 (Oakley Ranch)
Landscaping, irrigation, and related improvements along the east side of State Highway 4 and the east side of Charles Way.
Zone 3-3 (Empire)
Landscaping, irrigation, and related improvements along the east side of Empire Avenue at the Hemlock Drive intersection.
Zone 3-4 (Oakley Town Center)
Maintain and service landscaping and irrigation system along sidewalk area on Empire Avenue and Highway 4 and median islands on Empire Avenue.
Zone 3-5 (Oak Grove)
Maintain and service landscaping and irrigation facilities system along the southerly side of Laurel Road frontage and along State Highway 4 frontage from Laurel Road south to the north side of Honey Lane. Improvements to the Oak Grove Homeowner’s Association owned Oak Grove Park (0.80 acres) include a play lot, barbecues, and picnic tables located on Parcel B on Subdivision 6922.
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 10 Zone 3-6 (Laurel Woods/Luna Estates)
Maintain and service walkway area on Laurel Road. Landscaping and irrigation within the public right-of-way along 120 linear feet of the north side of Laurel Road fronting Tract 7489.
Zone 3-7 (South Forty)
Maintain and service landscaping and irrigation system along the frontage areas of Neroly Road.
Zone 3-8 (Claremont)
Landscaping, maintenance, and operation of Claremont Bay Park (0.25 acres) consisting of playground equipment, benches, tables, turf, and irrigation improvements. Also, landscaping and maintenance responsibilities of a parking bay.
Zone 3-9 (Gateway)
Maintain and service landscaping and irrigation system along frontage and sidewalk areas on Cypress Road and Empire Avenue frontage of the Gateway Subdivision.
Zone 3-10 (Countryside aka Village Green)
Landscaping and irrigation facilities of a parkway strip behind the sidewalk along Cypress Road and Lois Lane.
Zone 3-11 (Country Fair aka Meadow Glen)
Landscaping, irrigation, and miscellaneous facilities within the public right-of-way of Highway 4 (400 feet) and Bernard Road (300 feet) of this development.
Zone 3-12 (California Sunrise)
This project consists of the installation of landscaping and irrigation improvements such as water lines, sprinklers, and plants along the north side of Cypress Road fronting Tract 7365 and Waterford Way.
Zone 3-13 (California Visions aka Laurel Heights)
Landscaping, irrigation, and miscellaneous facilities within the public right-of-way along 660 linear feet of the south side of Laurel Avenue east of O'Hara Avenue. The landscaping strip varies in width from three feet to eight feet and is located on Laurel Avenue. Includes maintenance of frontage landscaping on Rose Lane.
Zone 3-14 (Claremont Heritage)
Landscaping, irrigation, and miscellaneous facilities within the public right-of-way along 275 linear feet of the north side of Main Street (State Route 4). The landscaping strip varies in width from three feet to eight feet. Landscaping and irrigation within the public right-of-way along 565 linear feet of Highway 4 (aka Main Street) fronting Tracts 7775, 7366 and 7367.
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 11 Zone 3-15 (Country Fair aka Meadow Glen II)
Landscaping and irrigation within the public right-of-way along 1,265 linear feet of Gum Tree Road adjacent to Tract 7704 and 452 linear feet frontage along Live Oak Avenue;
Maintain and service landscaping and irrigation system along sidewalk areas on Empire Avenue, El Monte Drive, Holly Drive, and Tate Lane. Includes islands and hardscape across from the subdivisions;
Landscaping and irrigation maintenance of landscape facilities and 750 linear feet of frontage and median landscaping along Oakley Road. Landscape improvements along the frontage of Oakley Road total approximately 1,030 linear feet; Landscaping and irrigation within the public right-of-way along 1,140 linear feet of Empire Avenue and along 550 linear feet of Oakley Road fronting tracts 7385, 7830 through 7833; and
Landscaping and irrigation maintenance for Heather Park (0.25 acres) and Holly Creek Park (6.7 acres) is also included.
Development Plan 3022-94 is one parcel (037-390-101) consisting of 50 affordable senior housing units. The landscape improvements consist of maintaining landscape and irrigation facilities along Oakley Road, approximately 403 linear feet. These are currently maintained by a private entity.
Zone 3-16 (Sundance)
Landscaping within public right-of-way along Almondtree Lane, Highway 4 and Cypress Road, fronting Subdivision 7837, totaling 1,200 linear feet and varying in width from five feet to 21 feet.
Zone 3-17 (Laurel Anne)
Landscaping improvements are located within the public right-of-way, fronting Laurel Road and Highway 4, along the frontage of Subdivisions 6935 and 7809 to their point of intersection. Landscape improvements also include the Laurel Road median islands and Parcel B;
Landscape improvements include frontage along Teton Road located within subdivisions 6963 and 8650;
Landscape improvements total approximately 2,150 linear feet along Laurel Road and Highway 4 and vary in width from ten to fifteen feet. The Laurel Road median improvements are approximately 1,160 linear feet and vary in width from five to sixteen feet;
The maintenance of Harvest Park (0.05 acres) (Parcel “B” of Subdivision 7809); and 158
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 12 The maintenance of Creekside Park (10.0 acres) is also included (a portion of the maintenance is funded by Zone 1).
Zone 3-18 (Country Place)
Landscape improvements are located within the public right-of-way fronting Kay Lane, O’Hara Avenue and Carpenter Road. Landscape improvements total approximately 38,000 square feet along Kay Lane, approximately 17,000 square feet along O’Hara Avenue and approximately 3,000 square feet along Carpenter Road; and The maintenance of Nutmeg Park (2.6 acres) located within Subdivision 7640 is also included (a portion of the maintenance is funded by Zone 1).
Zone 3-19 (Laurel Crest)
Landscape improvements are located within the public right-of-way fronting Laurel Road, Brown Road, Oxford Drive, Empire Avenue – East, Carpenter Road, Joshua Street (between Carpenter Road and Pinenut Street) and the Laurel Road and Hampton Way medians. Landscape improvements total approximately 74,000 square feet; and
The maintenance of Nunn-Wilson Family Park (3.0 acres) and Basin (Phase 2) and the Trail along Brown Road are also included (a portion of the park maintenance is funded by Zone 1).
Zone 3-20 (Marsh Creek Glenn)
Landscape improvements include the maintenance of Marsh Creek Glenn Park (2.4 acres), consisting of maintenance of the concrete walkway, the play apparatus, the masonry wall and landscape maintenance in and around the Park, in addition to frontage along Salvador Lane north of Amador Court.
Zone 3-21 (Quail Glen) and Zone 3-21A (4411 Live Oak Avenue) Landscape improvements include the maintenance and operation of landscaping and irrigation, including approximately 5,250 square feet along the Live Oak Avenue frontage of Subdivision 7359 and approximately 2,500 square feet along Neroly Road frontage of Subdivision 7359. In Fiscal Year 2015-16, Zone 3-21A was annexed into the District and added maintenance of the landscaping along the frontage of Live Oak Avenue and the frontage of El Dorado Road that are adjacent to the parcel located at 4411 Live Oak Avenue.
Zone 3-22 (Cypress Grove)
Landscape improvements include the maintenance and operation of landscaping and irrigation of the following:
Cypress Road north and south right-of-way, Frank Hengle east and west right-ofway, Picasso Way east and west right-of-way (3.04 acres); Trail Landscaping (3.40 acres);
Detention Pond Buffer (2.26 acres);
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 13 Briarwood Park (old Cypress Grove) (2.0 acres);
Cypress Grove Park (6.0 acres) (a portion of the maintenance is funded by Zone 1); and
6’ Fencing along E. Cypress Rd and Picasso Dr (Iron House Elementary School).
Zone 3-23 (South Oakley)
Landscape improvements include the maintenance and operation of landscaping and irrigation of the following:
Shady Oak Drive right-of-way (.43 acres);
Simoni Ranch Road right-of-way (1.94 acres);
Main Street right-of-way (0.54 acres);
Rose Avenue right-of-way (0.16 acres);
Carpenter Road right-of-way (0.08 acres);
Grapevine Way right-of-way (0.09 acres);
Cinnamon Ridge right-of-way (0.33 acres);
Entry Trail (0.17 acres);
Brownstone Road right-of-way landscaping (Subdivision 8530 – 23,810 square feet);
O’Hara Avenue right-of-way landscaping and median (Subdivision 8530 – 27,480 square feet);
Neroly Road right-of-way landscaping and medians (Subdivision 8530 – 39,840 square feet);
O’Hara Avenue right-of-way landscaping (Subdivision 8734 – 15,564 square feet); Oakley Road right-of-way landscaping (Subdivision 8823 – 4,400 square feet); Main Street right-of-way landscaping (Subdivision 8916 – 8,800 square feet); Rose Avenue right-of-way landscaping (Subdivision 8981 – 5,400 square feet); Rose Avenue right-of-way landscaping (Subdivision 9183 – 30,384 square feet); Carpenter Road right-of-way (Subdivision 9183 – 10,260 square feet); Live Oak Ranch Park (1.0 acre);
Simoni Ranch Park (1.0 acre);
Riata Park (Subdivision 8530 -1.7 acres);
Heartwood Park (Subdivision 8916 – 1.5 acres);
Shady Oak Park (5.0 acres) (a portion of the maintenance is funded by Zone 1); Rose/Carpenter Park (4.4 acres) – not anticipated to be turned over to the City for maintenance for Fiscal Year 2022-23 (a portion of the maintenance will be funded by Zone 1); and
6’ Fencing along Simoni Ranch Road (Gehringer Elementary School).
Zone 3-24 (Reserve/Stonecreek)
Landscape improvements include the maintenance and operation of landscaping and irrigation of the following:
Teton Road frontage (1.14 acres);
Sellars Road by Subdivision 8973 (0.77 acres);
C Street landscaping (0.21 acres);
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 14 F Street landscaping (3,120 square feet);
Tamarack Road Weed Abatement (5,096 square feet);
Teton Road Entry Features at Northwest & Southwest;
C Street Entry Feature (1,000 square feet);
Marsh Creek Buffer Area (0.19 acres);
Stonecreek Park (115,362 square feet) – not anticipated to be turned over to the City for maintenance for Fiscal Year 2023-24 (a portion of the maintenance will be funded by Zone 1); and
Teton Road Park (2.91 acres) – not anticipated to be turned over to the City for maintenance for Fiscal Year 2023-24 (a portion of the maintenance will be funded by Zone 1).
Zone 3-25 (Magnolia Park)
Landscape improvements include the maintenance and operation of landscaping and irrigation, of the following:
Carpenter right-of-way landscaping (24,900 square feet); Brown Road right-of-way landscaping (118,800 square feet); Neroly Road right-of-way landscaping (159,500 square feet); Neroly Road Median landscaping (34,135 square feet);
Empire Avenue right-of-way landscaping (16,975 square feet); Project Entry Streets Median landscaping (1,890 square feet); Dynasty Drive right-of-way landscaping (5,280 square feet); Dynasty Drive Median landscaping (725 square feet);
O’Hara Avenue right-of-way landscaping (32,200 square feet); Carpenter Trail, Parcel F Subdivision 8731 (158,994 square feet); Railroad Trail (Old Neroly Road) (82,125 square feet); Neroly Daffodil Entry Feature, Parcel I Subdivision 8731 (13,131 square feet) Pedestrian Trail, Parcel J Subdivision 8731 (2,997 square feet); Pedestrian Trail, Parcel K Subdivision 8731 (3,608 square feet); Novarina Trail Park, Parcel E Subdivision 8731 (2.0 acres); Neroly Road, Frontage (Subdivision 9199 – 17,600 square feet); Pedestrial Trail, Parcel A, Subdivision 9274 (9,155 square feet); Dynasty Drive right-of-way landscaping (Subdivision 9199 – 1,800 square feet); Pedestrian Trail, Parcel A Subdivision 9199 (3,224 square feet); Neroly Road right-of-way (Subdivision 9274 – 42,900 square feet); Brown Road right-of-way (Subdivision 9274 – 9,900 square feet); and Pedestrian Trail, Subdivision 9274 (9,155 square feet); Silver Bell Way right-of-way;
Daffodil Park, Parcel G Subdivision 8731 (1.78 acres); and Magnolia Park (5 acres) (a portion of the maintenance is funded by Zone 1). 161
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART A 15 Zone 3-26 (Summer Lake South)
Landscape improvements include the maintenance and operation of landscaping and irrigation, of the following including:
Lakewood Park (0.58 acres);
Manresa Park (0.26 acres);
Sycamore Park (0.24 acres);
Lakeside Park (1.64 acres);
Leeward Park (0.71 acres);
Catamaran Park and Greenbelt (0.79 acres); and
Summer Lake Park (17.0 acres) (a portion of the maintenance is funded by Zone 1 funds).
In addition, the following Landscape improvements are within the landscape and lighting zone boundaries, however maintenance responsibility belongs to the Homeowner’s Association:
Phase 1 Summer Lake Drive ROW Streetscape (Cypress Road south to South Well Pump Station & Phase 2 Limits);
Phase 2 Summer Lake Drive ROW Streetscape (South Well Pump Station north to Cypress Road);
Phase 1 Cypress Road ROW Streetscape & Entry (Bethel Island Road to second Summer Lake Drive Intersection); and
Wetlands Frontage Landscape and Wetland.
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART B 16 PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of construction, operation, maintenance and servicing of the park and recreational, streetlighting and landscaping facilities can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees, and all other costs associated with the construction, operation, and maintenance and servicing of the District can also be included.
The estimated 2023-24 fiscal year expenditures for the proposed facilities in the City of Oakley have been provided by City Staff and are estimated as follows:
For a detailed breakdown on the annual operation, maintenance and servicing costs for each zone and sub-zone, refer to Appendix “C”. Appendix C also includes a detail of the Asset Lifecycle Replacement Program for each zone and sub-zone, as well. The Asset Lifecycle Replacement Program detail is used as a guide to calculate approximate replacement costs of the assets in each Zone and sub-zone and establishing reserves necessary to ensure asset replacements and funds for remediation projects are available when needed. Reserves are used to pay for the replacement or remediation of items in the detail but are not limited strictly to those items. The reserves are eligible to fund the replacement, remediation, or improvement of any asset or amenity in the Zone or subzone.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.
FY 2023-24 Budget Summary
Zone 1 Zone 2 Zone 3
Community Parks,
Landscaping &
Recreation Budget
Streetlighting
Budget
Neighborhood
Landscaping &
Parks Budget Total Budget
Annual Revenue*:
Assessments $1,458,540 $255,916 $3,170,015 $4,884,471
Interest Income $19,750 $900 $10,850 $31,500
Other Sources (Gas Tax, Zone 1 Cont. to Zone 3) $0 $190,000 $225,831 $415,831 Total Revenue: $1,478,290 $446,816 $3,406,696 $5,331,802 Annual Expenses*:
Operating Expenses ($1,789,386) ($480,000) ($2,624,173) ($4,893,559) Incidental Expenses ($400,104) ($32,920) ($646,301) ($1,079,325) Total Expenditures: ($2,189,490) ($512,920) ($3,270,474) ($5,972,884) *When annual revenues are in excess of annual expenses, that money is used to fund reserves in each Zone as appropriate.
Table No. 1
Street Lighting and Landscape Assessment District No. 1 163
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART C 17 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of City of Oakley Street Lighting and Landscape Assessment District No. 1 are completely within the boundaries of the City of Oakley. An Assessment Diagram for the City of Oakley Street Lighting and Landscape Assessment District No. 1, which incorporates each of the zones for FY 2023-24, is on file in the Office of the City Clerk of the City of Oakley and is included on the following pages. A detailed diagram for each of the twenty-six (26) subzones in Zone 3 is referenced in this Report as Appendix “B”.
The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.
164
LEGEND
Zone 1-B Boundary
Zone 1-A Boundary
Future Parks
Zone 1 Boundary & Oakley City Limit
Parks maintained by Zone 1
exclusively
Parks located in Zone 3, but receive
a portion of funding from Zone 1
Parks owned by the School District, but
receive a portion of funding from Zone 1
City of Oakley
Zone 1 -- Community Park,
Landscaping & Recreation Facilities
** Other parks not included on this map are funded through Zone 3 assessments and are shown in Appendix A
* Creekside, Nutmeg, Nunn-Wilson, Cypress Grove, Shady Oak, Rose/Carpenter, Teton, Magnolia and Summer Lake Parks receive a portion of their funding from Zone 1 2,500 0 2,500 5,000 Feet
¯
CYPRESS RD
MAIN ST
SELLERS AVE
LIVE OAK AVE
HWY 4 OAKLEY RDROSE AVE
CONTRA COSTA CANAL
CONTRA COSTA CANAL
EMPIRE AVE
LAUREL RD
BETHEL ISLAND RD
DELTA RD
OHARA AVE
AT & SF RAILROAD
CANAL
MARSH CREEK MAIN ST
CYPRESS RD
NEROLY RD
O'Hara Park
Creekside Park*
Laurel Ball Fields Park
Freedom
Basin
Park
Summer Lake
Park*
Crockett
Park
Vintage Parkway
Park
Shady Oak
Park*
Oakley School
Park
Cypress Grove
Park*
Nutmeg Park*
Magnolia
Park*
Teton Park*
(FUTURE) Rose
/Carpenter Park*
(FUTURE)
Main Street
Park
Nunn-Wilson
Park*
Civic Center
Park Dewey
Park
Gehringer
Elementary
School Park
165
¯
City of Oakley
Zone 2 -- Street Lighting
LEGEND
Zone 2 Boundary
& Oakley City Limit
Zone 2-A Boundary
CYPRESS RD
MAIN ST
SELLERS AVE
LIVE OAK AVE
HWY 4 OAKLEY RDROSE AVE
CONTRA COSTA CANAL
CONTRA COSTA CANAL
EMPIRE AVE
LAUREL RD
BETHEL ISLAND RD
DELTA RD
OHARA AVE
AT & SF RAILROAD
CANAL
MARSH CREEK MAIN ST
CYPRESS RD
NEROLY RD
2,500 0 2,500 5,000 Feet
166
CYPRESS RD
MAIN ST
SELLERS AVE
LIVE OAK AVE
HWY 4 OAKLEY RDROSE AVE
CONTRA COSTA CANAL
CONTRA COSTA CANAL
EMPIRE AVE
LAUREL RD
BETHEL ISLAND RD
DELTA RD
OHARA AVE
AT & SF RAILROAD
CANAL
MARSH CREEK MAIN ST
CYPRESS RD
NEROLY RD
3-12
3-11
3-16
3-23
3-13
3-21 3-03
3-04
3-06
3-08 3-10
3-01
3-26
3-23
3-22
3-25
3-15
3-19
3-09
3-24
3-15
3-20
3-17 3-05
3-23
3-17
3-18
3-07
3-14
3-02
¯
City of Oakley
Zone 3 -- Interior Landscaping/Neighborhood Parks
2,500 0 2,500 5,000 Feet
LEGEND
Oakley City Limit
Zone 3 Boundaries
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 21 PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total assessments to the properties within the District.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in each benefit zone of the District over and above the general benefits conferred to the public at large. The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.
Discussion of Benefit
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements, which include the operation, maintenance, and servicing of park and recreational, streetlighting, and landscaping improvements.
Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements."
“The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]."
In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax".
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
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City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 22 In addition, Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities.
General versus Special Benefit
In the absence of an annual assessment, the improvements in each benefit zone of the District would not be provided, therefore the improvements are “over and above” what otherwise would be provided in other portions of the City as part of General Services. All the assessment proceeds derived from each benefit zone will be utilized to fund the cost of providing a level of tangible “special benefits” in the form of proximate landscaping and other permanent public improvements. The assessments are also structured to provide specific improvements within each benefit zone, further ensuring the improvements funded by the assessments are of specific and special benefit to property within each benefit zone.
Specific Benefit has been quantified as:
Unique proximity to improved landscaped areas;
Access to improved landscape areas;
Improved views within each Zone; and
Extension of a property’s outdoor area for properties within close proximity to the improvements.
Although these improvements may be available to the general public at large, the public landscaping and other public improvements in each benefit zone of the District were specifically designed, located and created to provide additional and improved public resources for the direct advantage of property inside the benefit zone, and not the public at large. The boundaries of the benefit zones have been narrowly drawn to include those parcels that receive a direct advantage from the improvements.
Other properties that are outside a benefit zone do not enjoy the unique proximity, access, views, and other special benefit factors described previously. Moreover, many of the homes and other improvements on parcels in the benefit zones would not have been built if the assessments were not established because an assessment for public landscaping was a condition of development approval.
Without the assessments, the public improvements within the benefit zones would not be maintained and would turn into brown, unmaintained and unusable public improvements and public lands. If this happened, it would create a significant and material negative impact on the desirability, utility, and value of property in the benefit zone. The improvements are, therefore, clearly above what otherwise would be provided. In fact, it is reasonable to assume that if assessments were not collected and the improvements 169
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 23 were not maintained as a result, properties in the benefit zones would decline in desirability, utility, and value by significantly more than the amount of the assessments.
It is therefore concluded that all the landscaping improvements funded by the assessments are of 99% special benefit to the identified benefiting properties located within the benefit zones and that the value of the special benefits from such improvements to property in the benefit zones reasonably exceeds the cost of the assessments for every assessed parcel in the benefit zones. (In other words, as required by Proposition 218: the reasonable cost of the proportional special benefit conferred on each parcel reasonably exceeds the cost of the assessments.)
The City owns, maintains, rehabilitates, and replaces curb and gutter along the border of the benefit zone improvements. This curb and gutter serves to support, contain, retain, and manage irrigation flow and plant growth and provide a boundary for the improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.
BENEFIT ZONES
Because there are varying degrees of improvements throughout the boundaries of the District, three (3) separate and distinct benefit zones have been created. Benefit Zone 1 consists of all the parcels that benefit from the construction, operation, maintenance and servicing of park and recreational facilities. In addition, Benefit Zone 1 consists of two sub-zones which includes all parcels that benefit from the construction of new park facilities. Benefit Zone 2 consists of all the parcels that benefit from the construction, operation, maintenance and servicing of streetlighting facilities. In addition, Benefit Zone 2 consists of one sub-zone which includes all parcels that benefit from the increased energy costs of streetlights. Benefit Zone 3 consists of twenty-six (26) sub-zones and includes all the parcels that benefit from the construction, operation, maintenance and servicing of landscaping facilities.
ASSESSMENT METHODOLOGY
The total operation, maintenance and servicing cost for the park and recreational, streetlighting, and landscaping improvements are apportioned in accordance with the methodology that is consistent with standard assessment engineering practices. The method for spreading the costs to each parcel is based on the Equivalent Dwelling Unit (EDU) factor.
Since the assessment is levied on the owners of properties as shown on the tax rolls, the assessments must be assigned by Assessor's Parcel Number. If assessments were to be distributed by parcel, not considering land use, this would not be equitable, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are distributed to each parcel of land based on their pro-rata share of EDUs compared to the total number of EDUs within a benefit zone or benefit sub-zone. For example, if a single-family residential parcel is assigned 1.00 EDU and there is a total of 100 EDUs 170
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 24 within their benefit zone then the single family residential parcel would be responsible for
1.00% (1.00 EDU/100.00 EDUs) of the annual budget for that benefit zone.
Below is a summary of the assessment methodology used to allocate the costs for the operation, maintenance, and servicing costs of the park and recreational, streetlighting, and landscaping improvements.
BENEFIT ZONE 1
COMMUNITY PARKS, LANDSCAPING AND RECREATION FACILITIES BENEFIT
DETERMINATION
The overall quality of life and desirability of an area is enhanced when public park and recreational facilities are in place, improved, operable, safe, clean, and maintained.
Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism.
Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events and other miscellaneous activities.
Studies in a number of communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved to be an important factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion long held by planning authorities as to the economic value of parks and recreational facilities in a community. “The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake” (National Recreation and Park Association, June 1985) “Recreation and park amenities are central components in establishing the quality of life in a community [businesses’] main resource is their employees for whom quality of life is an important issue. The availability and attractiveness of local parks and programs influences some companies’ relocation decisions the presence of a park encourages real estate development around it.” (California Parks & Recreation, Winter 1997) The benefit of parks and other recreational facilities to residential and commercial/industrial properties has been summarized by a number of studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded that:
"Parks and recreation stimulate business and generate tax revenues." "Parks and recreation help conserve land, energy, and resources." 171
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 25 "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values." "Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast-paced and demanding life." Proper maintenance and operation of the parks within the District benefit those properties within the service areas of the parks by providing environmental quality and recreational enhancement. The amount of benefit received will vary with the different land use on the property. There are two categories from which the total benefit of a parcel is derived:
1. Environmental Quality Benefit. The improvement of the quality of air, visual aesthetics, and attractiveness of the community as a place to live and work and do business.
2. Recreation Enhancement Benefit. The availability of usable and safe park and recreational facilities.
Recent studies have shown that adequate park and recreation facilities and recreation programs help to reduce crime and vandalism. This results in a savings to property owners by improved property values and promotes the well-being of the community.
COMMUNITY PARKS, LANDSCAPING AND RECREATION FACILITIES BENEFIT
ASSESSMENT METHODOLOGY
The single-family residential parcel has been selected as the basic unit for the calculation of assessments and is defined as one (1) Equivalent Dwelling Unit (EDU). Commercial and industrial parcels benefit similarly to residential parcels because of increased property values and the ability to have their workers and patrons use the park and recreational facilities. Commercial and industrial parcels are assessed based on their acreage because larger parcels have the ability to generate larger pedestrian flows. The methodology used to assign EDUs to other land uses in proportion to the benefit they receive relative to the single-family residential parcel is shown below.
Developed Single Family Residential - The developed single-family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per the Contra Costa County land use code, or those parcels that have had a building permit pulled prior to July 1 are assessed one (1.00) EDU.
Developed Multiple Residential - The EDUs for land designated as developed multifamily uses which includes condominiums, mobile homes, and apartments are assessed a factor of one-half (0.50) EDU per dwelling unit (e.g. a parcel with a 100-unit apartment would be assessed 50 EDUs). Based on data from representative cities in Northern California, the multiple family residential factor of 50% is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with density per unit.
172
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 26 Developed Commercial/Industrial, Recreational, Institutional, and Other Miscellaneous Uses - Developed commercial and industrial properties include commercial, industrial, recreational, institutional, or miscellaneous uses per the Contra Costa County land use codes. The parcels are assessed based upon the acreage of the parcel. In converting developed commercial/industrial properties to EDUs, the factor used was from the Contra Costa County's average single-family lot residential lot size. The parcels will be assessed one (1.00) EDU for the first acre or any portion thereof, and one (1.00) EDU/acre for each additional acre or any portion thereof, up to a maximum of three (3.00) EDUs (3.00 acres). The minimum number of EDUs per parcel will be one (1.00) EDU.
Undeveloped Single Family Residential - Parcels defined as undeveloped single-family residential parcels will be assessed at 50% of the developed single-family rate.
Undeveloped Non-Single Family Residential - Parcels defined as undeveloped nonsingle family residential will be assessed at a 50% of the developed commercial/industrial rate. These parcels include undeveloped multi-family residential, commercial/industrial, recreational, institutional, and other miscellaneous parcels. These parcels will be assessed at 0.50 EDUs per acre or any portion thereof, with a minimum of 0.50 EDU per parcel and a maximum of 1.50 EDUs per parcel (3.00 acres). Incremental acreage greater than 3.00 acres is considered to be open space area and therefore receives no further assessment.
Exempt - Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
COMMUNITY PARKS, LANDSCAPING AND RECREATION FACILITIES
ASSESSMENT RATES BY ZONE
The Fiscal Year 2023-24 Assessment Rates for Zone 1 are shown below. For further detail regarding annual revenues and expenditures in Zone 1, please see Appendix “C” in this Report.
Zone 1 (Community Parks, Landscaping & Recreation Facilities) 9,101.85 EDUs for Fiscal Year 2023-24
Maximum Rate: $31.88/EDU
FY 2023-24 Rate: $31.88/EDU
Zone 1-A (Community Parks, Landscaping & Recreation Facilities) Zone 1-A includes parcels added after FY 2004-05 that benefit from the construction, operation, and maintenance of park and recreation facilities that are anticipated to meet the City’s Parks & Recreation Master Plan 2021 goal of 6.0 acres of parkland per 1,000 residents. Starting with FY 2004-05 through FY 2015-16, all parcels with 173
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Street Lighting and Landscape Assessment District No. 1 PART D 27 new developments have been annexed into Zone 1-A. In January 2016, the City formed Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape, and Stormwater Services) and beginning FY 2016-17 all parcels with new developments have been annexed into Community Facilities District No. 2015-2.
Formed: January 12, 2004 (Sub 8655)
2,615.16 EDUs for Fiscal Year 2023-24
Subdivision 8727 (27 units) annexed June 14, 2004
Subdivision 8725 (48 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7655 (28 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7590 (60 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7760 (67 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7426 (21 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 8765 (25 units) annexed Fiscal Year 2005-06, November 8, 2004 Subdivisions 8678 (100 units), 8679 (201 units) & 8680 (240 units), Fiscal Year 2006-07, November 14, 2005
Subdivisions 7662 (215 units), 7681 (40 units), & 8541 (354 units), Fiscal Year 2006- 07, February 13, 2006
Subdivisions 8737 (58 units), 8973 (176 units), 8994 (109 units), Fiscal Year 2006- 07; June 12, 2006
Subdivision 8731 (388 units), Fiscal Year 2006-07; November 13, 2006 Subdivision 8734 (26 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8736 (42 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8916 (41 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8530 (110 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8981 (17 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8823 (6 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8843 (13 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8985 (1 unit) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 9183 (11 units) annexed Fiscal Year 2012-13, August 9, 2011 Subdivision 9199 (43 units) annexed Fiscal Year 2012-13, August 9, 2011 Subdivision 9274 (117 units) annexed Fiscal Year 2012-13, August 9, 2011 Laurel Plaza Shopping Center (5.59 acres of Commercial) annexed Fiscal Year 2012-13, August 9, 2011
Immanuel Baptist Church (5.00 EDUs) annexed Fiscal Year 2012-13, August 9, 2011
Corporation for Better Housing (196 MFR and 208 Senior units) annexed Fiscal Year 2012-13, August 9, 2011
Minor Subdivision 09-976 (0.99 Acres) annexed Fiscal Year 2012-13, August 9, 2011
4411 Live Oak Avenue (041-021-029) (1 unit) annexed Fiscal Year 2015-16, July 14, 2015
Subdivision 9104 (20 units) annexed Fiscal Year 2015-16, July 14, 2015 The maximum assessment rate of $211.33 per Equivalent Dwelling Unit for Benefit Zone 1-A was approved in Fiscal Year 2004-05, which may be annually adjusted 174
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Street Lighting and Landscape Assessment District No. 1 PART D 28 based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI was the rate set on April 2004 by the Bureau of Labor and Statistics which was 198.3. The CPI as of February 2023 is 337.17.
Maximum Rate: $359.33/EDU
FY 2022-23 Rate: $359.33/EDU
Zone 1-B (Summer Lake Community Park) – Subdivisions 8900, 8955, & 7562 Zone 1-B includes parcels benefiting from the Summer Lake Community Park and was created by Contra Costa County in FY 2005-06 as part of the Summer Lake Development to provide additional funding for the Summer Lake Park and other Community Parks, landscaping, and recreational facilities.
Formed: April 25, 2006 (by Contra Costa County)
636.37 EDUs for Fiscal Year 2023-24
The maximum assessment rate of $805.71 per Equivalent Dwelling Unit for Benefit Zone 1-B was approved in Fiscal Year 2005-06, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI was the rate set on June 2005 by the Bureau of Labor and Statistics which was 201.2. The CPI as of February 2022 is 337.17. The maximum rate for FY 2023-24 is $1,350.21/EDU. However, the anticipated FY 2023-24 expenditures are less than the maximum assessment rate would produce in revenue, therefore the actual rate for FY 2023-24 will be set at $359.33/EDU, which is equal to the rate in Zone 1-A.
Maximum Rate: $1,350.21/EDU
FY 2023-24 Rate: $359.33/EDU
BENEFIT ZONE 2
STREETLIGHTING BENEFIT DETERMINATION
The proper functioning of streetlighting throughout the City of Oakley is imperative for the welfare of the property owners. Streetlighting provides protection to pedestrian traffic by illuminating the sidewalk and street crossing areas during nighttime hours. In addition, the proper operation, maintenance, and servicing of a streetlighting system benefits properties by providing additional security for the pedestrian traffic and reduces the possibility of vandalism to property during nighttime hours.
STREETLIGHTING BENEFIT ASSESSMENT METHODOLOGY
The degree of benefit for each parcel is determined by the use of each individual parcel, the intensity of illumination provided, the number of pedestrians generated, and the enhanced security during hours of darkness. Benefit Zone 2 has been established to identify the parcels that benefit from these streetlighting improvements. 175
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Street Lighting and Landscape Assessment District No. 1 PART D 29 Developed Single Family Residential – The single-family residential parcel is considered one unit of benefit (1.00 EDU). All other land uses have been analyzed to determine the benefit they receive from the intensity of illumination provided, the number of pedestrians generated by their property, and the enhanced security to their property during hours of darkness compared to that of a single-family residential parcel.
Other Land Uses – All other land uses have been analyzed to determine the intensity of illumination provided, the number of pedestrians generated by their property, and the enhanced security to their property during hours of darkness. For a detailed listing of the equivalent dwelling unit factors for each land use refer to Appendix “D”.
Exempt – Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
FY 2023-24 - STREETLIGHTING ASSESSMENT RATES BY ZONE
The Fiscal Year 2023-24 Assessment Rates for Zone 2 are shown below. For further detail regarding Zone 2 annual revenues and expenditures, please see Appendix “C” in this Report.
Zone 2 (Oakley Streetlighting Facilities)
9,138.00 EDUs for Fiscal Year 2023-24
Maximum Rate: $14.94/EDU
FY 2023-24 Rate: $14.94/EDU
Zone 2-A (Oakley Streetlighting Facilities)
Zone 2-A includes parcels that benefit from the construction, operation, and maintenance of increased lighting after FY 2006-07. Starting with FY 2004-05 through FY 2015-16, all parcels with new developments have been annexed into Zone 2-A. In January 2016, the City formed Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape, and Stormwater Services) and beginning FY 2016-17 all parcels with new developments have been annexed into Community Facilities District No. 2015-2.
Formed: June 12, 2006
1,675.00 EDUs for Fiscal Year 2023-24
Subdivision 8731 (403.5 EDUs), Fiscal Year 2006-07; November 13, 2006 Subdivision 7562, 8900, & 8955 (625.5 EDUs), Fiscal Year 2007-08 Subdivision 8734 (26 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8736 (42 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8916 (41 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8530 (110 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8981 (17 units) annexed Fiscal Year 2007-08, July 9, 2007 176
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Street Lighting and Landscape Assessment District No. 1 PART D 30 Subdivision 8823 (6 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8843 (13 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8985 (1 unit annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 9183 (10 units) annexed Fiscal Year 2012-13, August 9, 2011 Subdivision 9199 (43 units) annexed Fiscal Year 2012-13, August 9, 2011 Subdivision 9274 (117 units) annexed Fiscal Year 2012-13, August 9, 2011 Laurel Plaza Shopping Center (6.88 acres of Commercial) annexed Fiscal Year 2012-13, August 9, 2011
Immanuel Baptist Church (11.00 EDUs) annexed Fiscal Year 2012-13, August 9, 2011
Corporation for Better Housing (196 MFR and 208 Senior units) annexed Fiscal Year 2012-13, August 9, 2011
Minor Subdivision 09-976 (0.99 Acres) annexed Fiscal Year 2012-13, August 9, 2011
Summer Lake South Development
4411 Live Oak Avenue (041-021-029) (1 unit) annexed Fiscal Year 2015-16, July 14, 2015
Subdivision 9104 (20 units) annexed Fiscal Year 2015-16, July 14, 2015 The maximum assessment rate of $42.81 per Equivalent Dwelling Unit for Benefit Zone 2-A was approved in Fiscal Year 2005-06, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI was the rate set on April 2005 by the Bureau of Labor and Statistics which was 202.50. The CPI as of February 2022 is 337.17.
Maximum Rate: $71.28/EDU
FY 2023-24 Rate: $71.28/EDU
BENEFIT ZONE 3
INTERIOR LANDSCAPING/NEIGHBORHOOD PARKS
Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade, and enhancement of the desirability of the surroundings. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
"... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly. Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..."
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Street Lighting and Landscape Assessment District No. 1 PART D 31 It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.
Proper maintenance and operation of the roadway landscaping provides beautification and enhancement of the desirability of surroundings. The roadway landscaping maintained by each subzone typically includes the entryways into each geographical area and as such provide beautification to the subzone. These improvements provide special and direct benefit to each property located within the subzone.
LANDSCAPING BENEFIT ASSESSMENT METHODOLOGY
The single-family residential parcel has been selected as the basic unit for the calculation of assessments and is defined as one (1) Equivalent Dwelling Unit (EDU). Commercial and industrial parcels benefit similarly to residential parcels because of increased property values and the desirability of their location. Commercial and industrial parcels are assessed based on their acreage because larger parcels have the ability to generate larger pedestrian flows. The methodology used to assign EDUs to other land uses in proportion to the benefit they receive relative to the single-family residential parcel are shown below.
Developed Single Family Residential - The developed single-family parcel has been selected as the basic unit for calculation of the benefit assessments. Parcels designated as developed single family residential uses per the Contra Costa County land use code or those parcels that have had a building permit pulled prior to July 1 are assessed one (1.00) EDU.
Developed Multiple Residential - The EDUs for land designated as developed multifamily uses which includes condominiums, mobile homes, and apartments are assessed a factor of one-half (0.50) EDU per dwelling unit (e.g. a parcel with a 100-unit apartment would be assessed 50 EDUs). Based on data from representative cities in Northern California, the multiple family residential factor of 50% is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with density per unit.
Developed Commercial/Industrial, Recreational, Institutional, and Other Miscellaneous Uses - Developed commercial and industrial properties include commercial, industrial, recreational, institutional, or miscellaneous uses per the Contra Costa County land use codes. The parcels are assessed based upon the acreage of the parcel. In converting developed commercial/industrial properties to EDUs, the factor used was from the Contra Costa County's average single-family lot residential lot size. The parcels will be assessed one (1.00) EDU for the first acre or any portion thereof, and one (1.00) EDU/acre for each additional acre or any portion thereof, up to a maximum of three (3.00) EDUs (3.00 acres). The minimum number of EDUs per parcel will be one (1.00) EDU.
Undeveloped Single Family Residential - Parcels defined as undeveloped single-family residential parcels will be assessed at 50% of the developed single-family rate. 178
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Street Lighting and Landscape Assessment District No. 1 PART D 32 Undeveloped Non-Single Family Residential - Parcels defined as undeveloped nonsingle family residential will be assessed at a 50% of the developed commercial/industrial rate. These parcels include undeveloped multi-family residential, commercial/industrial, recreational, institutional, and other miscellaneous parcels. These parcels will be assessed at 0.50 EDUs per acre or any portion thereof, with a minimum of 0.50 EDU per parcel and a maximum of 1.50 EDUs per parcel (3.00 acres). Incremental acreage greater than 3.00 acres is considered to be open space area and therefore receives no further assessment.
Exempt - Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-way, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities.
FY 2023-24 - LANDSCAPING ASSESSMENT RATES BY ZONE
The Fiscal Year 2023-24 Assessment Rates for each of the Subzones in Zone 3 are shown below. For further detail regarding the annual revenue and expenditures for each Subzone, please see Appendix “C” in this Report.
Zone 3-1 (Vintage Parkway) Subdivisions 6333, por. 6452 & 6576 & 6577, 6821, 6862, 7089, 7193, 7229, 7372, 7585, & 7654
Formed: July 16, 1985
1,275.00 EDUs
Maximum Rate: $57.86/EDU
FY 2023-24 Rate: $57.86/EDU
Zone 3-2 (Oakley Ranch) Subdivision 6634
Formed: April 21, 1987
133.00 EDUs
Maximum Rate: $198.84/EDU
FY 2023-24 Rate: $198.84/EDU
Zone 3-3 (Empire) Subdivision 6656
Formed: June 16, 1987
45.00 EDUs
Maximum Rate: $100.76/EDU
FY 2023-24 Rate: $100.76/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 33 Zone 3-4 (Oakley Town Center) Subdivision 7045
Formed: May 9, 1989
9.17 Acres
Maximum Rate: $1,193.16/Acre
FY 2023-24 Rate: $1,193.16/Acre
Zone 3-5 (Oak Grove) Subdivisions 6922 & 6927
Formed: August 13, 1991
Additional Parcels Annexed: June 20, 1995
149.50 EDUs
Maximum Rate: $190.00/EDU
FY 2023-24 Rate: $190.00/EDU
Zone 3-6 (Laurel Woods/Luna Estates) Subdivisions 6971 & 7489.
Formed: August 1, 1989; Tract 7489: April 28, 1992
60.00 EDUs
Maximum Rate: $127.80/EDU
FY 2023-24 Rate: $127.80/EDU
Zone 3-7 (South Forty) Subdivision 6969
Formed: August 7, 1990
53.00 EDUs
Maximum Rate: $185.00/EDU
FY 2023-24 Rate: $185.00/EDU
Zone 3-8 (Claremont) Subdivision 7163
Formed: August 13, 1991
50.00 EDUs
Maximum Rate: $152.56/EDU
FY 2023-24 Rate: $152.56/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 34 Zone 3-9 (Gateway) Subdivisions 6394, 6488, 6571, 6613, 6664, 6726, 6727, 6762, 6764 & 6858.
Formed: July 31, 1990
459.00 EDUs
Maximum Rate: $40.00/EDU
FY 2023-24 Rate: $40.00/EDU
Zone 3-10 (Countryside aka Village Green) Subdivisions 7164, & 7293 Formed: October 2, 1990
21.00 EDUs
Maximum Rate: $125.00/EDU
FY 2023-24 Rate: $125.00/EDU
Zone 3-11 (Country Fair aka Meadow Glen) Subdivision 6840 Formed: August 6, 1991
32.00 EDUs
Maximum Rate: $169.48/EDU
FY 2023-24 Rate: $169.48/EDU
Zone 3-12 (California Sunrise) Subdivision 7365
Formed: November 19, 1991
128.00 EDUs
Maximum Rate: $27.36/EDU
FY 2023-24 Rate: $27.36/EDU
Zone 3-13 (California Visions aka Laurel Heights) Subdivision 7667 Formed: November 17, 1992
96.00 EDUs
Maximum Rate: $125.00/EDU
FY 2023-24 Rate: $125.00/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 35 Zone 3-14 (Claremont Heritage) Subdivisions 7775, 7367, and 7366 Formed as Zone 41: November 17, 1992
Tracts 7366, 7367 Annexed: July 26, 1994
114.00 EDUs
Maximum Rate: $160.00/EDU
FY 2023-24 Rate: $160.00/EDU
Zone 3-15 (Country Fair aka Meadow Glen II) Subdivisions 6867, 6980, 6996, 7003, 7090, 7165, 7330, 7368, 7385, 7704, 7707, 7808, 7830, 7831, 7832, 7833, 8725, 7655, 7590, 7760, 7426 8823, 8843, & DR 3022-94
Formed: July 26, 1994
889.00 EDUs
Subdivision 8725 (48 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7655 (28 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7590 (60 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7760 (67 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 7426 (21 units) annexed Fiscal Year 2004-05, July 12, 2004 Subdivision 8823 (6 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8843 (13 units) annexed Fiscal Year 2007-08, July 9, 2007 There are also 50 additional senior units located within in Zone 3-15, but the improvements are privately maintained. The maximum annual assessment for the 50 senior units is $8,541.00. The applicant (Ecumenical Association for Housing) requested that the landscaping improvements for this development be maintained privately because of the manner in which the project was designed. By having this area privately landscaped, it will allow more privacy for the senior citizen residents.
The estimated maintenance costs for DP3022-94 will therefore not be included in the annual maintenance cost in FY 2022-23.
Maximum Rate: $138.00/EDU
FY 2023-24 Rate: $138.00/EDU
Zone 3-16 (Sundance) Subdivision 7837
Formed: December 20, 1994
81.00 EDUs
Maximum Rate: $110.00/EDU
FY 2023-24 Rate: $110.00/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 36 Zone 3-17 (Laurel Anne) Subdivisions 6935, 6963, 7809, 8650, 8708, 8748, 8752, 8816, & 8822
Formed: June 20, 1995
321.00 EDUs
Maximum Rate: $273.16/EDU
FY 2023-24 Rate: $273.16/EDU
Zone 3-18 (Country Place) Subdivisions 6968, 7640, MS 7-95, & 7946 Formed: June 20, 1995
Subdivision 6968 (42 units) annexed Fiscal Year 2002-03 130.00 EDUs
Maximum Rate: $180.00/EDU
FY 2023-24 Rate: $180.00/EDU
Zone 3-19 (Laurel Crest) Subdivisions 7630, 7657, 7658, 8168, 8169, 8403, 8440, & 8655
Formed: May 5, 1998
438.00 EDUs
Sub 7658, 8168, 8169, 8656 (154 units) annexed Fiscal Year 2001-02 Sub 8403 (72 units) annexed Fiscal Year 2002-03, November 13, 2001 Sub 8655 (34 units) annexed Fiscal Year 2004-05, January 12, 2004 Maximum Rate: $200.00/EDU
FY 2023-24 Rate: $200.00/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 37 Zone 3-20 (Marsh Creek Glenn) Subdivisions 7689, 8391, 8504, 8648, 8727, & 8765 Formed: May 14, 2001
288.00 EDUs
Subdivision 8504 (12 units) annexed September 9, 2002
Subdivision 8727 (27 units) annexed Fiscal Year 2004-05, June 14, 2004 Subdivision 8765 (25 units) annexed Fiscal Year 2005-06, November 8, 2004 The maximum assessment rate for Benefit Zone 3-20 was approved in FY 2001-02 at $225.00 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on June 30, 2001 by the Bureau of Labor and Statistics which was 190.9. The CPI as of February 2023 is 337.17.
Maximum Rate: $397.40/EDU
FY 2023-24 Rate: $397.40/EDU
Zone 3-21 (Quail Glen) Subdivision 7359, 7235, 7358, & 7467 Formed: July 8, 2002
Subdivisions 7235, 7358 & 7467 (67 units) annexed September 2002 103.00 EDUs
4411 Live Oak Avenue (041-021-029) (1 unit) annexed Fiscal Year 2015-16, July 14, 2015
1.00 EDU
The maximum assessment rate for Benefit Zone 3-21 was approved in FY 2002-03 at $200.00 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on June 30, 2002 by the Bureau of Labor and Statistics which was 193.2. The maximum assessment rate for Benefit Zone 3-21A was approved in FY 2015-16 at $895.32 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI for Zone 3-21A is the rate set on February 28, 2015 by the Bureau of Labor and Statistics which was 254.91. The CPI as of February 2023 is 337.17.
Zone 3-21 Maximum Rate: $349.04/EDU
Zone 3-21 FY 2023-24 Rate: $349.04/EDU
Zone 3-21A Maximum Rate: $1,184.25/EDU
Zone 3-21A FY 2023-24 Rate: $1,184.25/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 38 Zone 3-22 (Cypress Grove) Subdivision 8678, 8679, & 8680 Formed: November 14, 2005
589.00 EDUs
The maximum assessment rate for Benefit Zone 3-22 was approved in FY 2006-07 at $343.90 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on April 2006 by the Bureau of Labor and Statistics which was 208.90. The CPI as of February 2023 is 337.17.
Maximum Rate: $555.06/EDU
FY 2023-24 Rate: $555.06/EDU
Zone 3-23 (South Oakley) Subdivisions 7662, 7681, 8541, 8530, 8734, 8736, 8916, 8981, 9183 & 9104.
Formed: February 13, 2006
756.00 EDUs
Subdivision 8530 (110 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8734 (26 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8736 (42 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8916 (41 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 8981 (17 units) annexed Fiscal Year 2007-08, July 9, 2007 Subdivision 9183 (11 units) annexed Fiscal Year 2012-13, August 9, 2011 Subdivision 9104 (20 units) annexed Fiscal Year 2015-16, July 14, 2015 The maximum assessment rate for Benefit Zone 3-23 was approved in FY 2006-07 at $398.60 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on April 2006 by the Bureau of Labor and Statistics which was 208.90. The CPI as of February 2023 is 337.17.
Maximum Rate: $643.33/EDU
FY 2023-24 Rate: $643.33/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 39 Zone 3-24 (Reserve/Stonebrook) Subdivision 8737, 8973, 8994 Formed: January 12, 2006
171.50 EDUs
The maximum assessment rate for Benefit Zone 3-24 was approved in FY 2006-07 at $598.73 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on April 2006 by the Bureau of Labor and Statistics which was 208.90. The CPI as of February 2023 is 337.17. However, in FY 2023-24 the rate assessed will be $454.32/EDU.
Maximum Rate: $966.37/EDU
FY 2023-24 Rate: $454.32/EDU
Zone 3-25 (Magnolia Park) Subdivision 8731
Formed: November 13, 2006
554.66 EDUs
Subdivision 9199 (43 units) annexed Fiscal Year 2012-13, August 9, 2011 Subdivision 9274 (117 units) annexed Fiscal Year 2012-13, August 9, 2011 The maximum assessment rate for Benefit Zone 3-25 was approved in FY 2006-07 at $1,100.55 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on June 2006 by the Bureau of Labor and Statistics which was 209.10. The CPI as of February 2023 is 337.17.
Maximum Rate: $1,774.63/EDU
FY 2023-24 Rate: $1,774.63/EDU
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Street Lighting and Landscape Assessment District No. 1 PART D 40 Zone 3-26 (Summer Lake South) Subdivision 8900, 8955, & 7562.
Formed: April 25, 2006 (by Contra Costa County)
632.37 EDUs
The maximum assessment rate for Benefit Zone 3-26 was approved in FY 2005-06 at $1,353.53 per Equivalent Dwelling Unit, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI is the rate set on June 2005 by the Bureau of Labor and Statistics which was 201.20. The CPI as of February 2023 is 337.17. However, in FY 2023-24 the rate assessed will be $922.38 per Equivalent Dwelling Unit.
Maximum Rate: $2,334.24/EDU
FY 2023-24 Rate: $922.38/EDU
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Street Lighting and Landscape Assessment District No. 1 PART E 41 PART E
PROPERTY OWNER LIST & ASSESSMENT ROLL
The total assessment amount for each Zone and the proposed assessment amount apportioned to each parcel for Fiscal Year 2023-24, in proportion to the benefit received by each parcel from the improvements, is contained in the Assessment Roll, which is on file in the Office of City Clerk of the City of Oakley and shown in Appendix “E”.
The Assessment Roll includes a list of all parcel numbers within the District that have been updated to match the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this report. The last equalized Property Tax Roll includes a description of each parcel and shall govern for all details concerning the description of the parcels.
The total proposed assessments for the 2023-24 Fiscal Year are $1,458,540 for community park, landscaping and recreation facilities, $255,916 for streetlighting facilities, and $3,170,015 for landscaping facilities for a total of $4,884,471. .
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City of Oakley
Street Lighting and Landscape Assessment District No. 1 APPENDIX A
APPENDIX A
Benefit Zone 1 (Community Parks, Landscaping & Recreation) Detailed Maintenance Diagrams
189
CYPRESS RD
MAIN ST
SELLERS AVE
HWY 4ROSE AVE
CONTRA COSTA CANAL
CONTRA COSTA CANAL
LAUREL RD
BETHEL ISLAND RD
DELTA RD
OHARA AVE
AT & SF RAILROAD
CANAL
MARSH CREEK MAIN ST
O'Hara Park CYPRESS RD
Creekside Park*
Laurel Ball Fields Park
Freedom
Basin
Park
Summer Lake
Park*
Crockett
Park
Vintage Parkway
Park
Shady Oak
Park*
Oakley School
Park
Cypress Grove
Park*
Nutmeg Park*
Magnolia
Park*
Teton Park*
(FUTURE)
Rose
/Carpenter Park*
(FUTURE)
Main Street
Park
Nunn-Wilson
Park*
Civic Center
Park
Dewey
Park
Gehringer
Elementary
School Park
Marsh Creek
Trail Head
*
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Legend
Parks
Parcels
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