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 11, 2024
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]. 1 If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
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 (Boy Scout Troop 152)
1.3 Presentation of Proclamations 1. Juneteenth (Odessa LeFrancois and Michael Dupray, East Contra Costa County NAACP) 2. LGBTQ+ Pride Month (Jeanette Ruddick, East Bay LGBTQIA Teen and Family Support Group)
1. Juneteenth Proclamation
2. LGBTQ+ Pride Month Proclamation
1.4 Update from Contra Costa Transportation Authority Citizens Advisory Committee (Kai-Christian Torf)
2.PUBLIC COMMENTS
2 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.COUNCILMEMBER COMMENTS
4.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.
4.1 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 28, 2024 (Libby Vreonis, City Clerk) Minutes 05-28-24
4.2 Approve Minutes from the Special Joint City Council and Planning Commission Meeting held May 21, 2024 (Libby Vreonis, City Clerk)
Minutes 05-21-24
4.3 Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo
4.4 Adopt a Resolution recognizing the 150-Year Anniversary of the Town of Byron, California (Libby Vreonis, City Clerk)
Staff Report
1. Resolution
4.5 Waive the Second Reading and adopt Ordinance No. 8-24 Adding Oakley Municipal Code Section 9.1.1230(d) to Address Outdoor and Indoor Marijuana Cultivation Exceeding Six Plants as Separate Offense (Libby Vreonis, City Clerk)
Ordinance No. 8-24
3 4.6 Waive the Second Reading and adopt Ordinance No. 9-24 Adding Oakley Municipal Code Section 4.41.120 to Include an Administrative Hearing Process Related to Unlicensed Commercial Cannabis Activity (Libby Vreonis, City Clerk) Ordinance No. 9-24
4.7 Adopt a Resolution Ordering Specifications of the Election Order Regarding the November 5, 2024 City of Oakley General Municipal Election for Districts 1, 3 and 5 (Libby Vreonis, City Clerk)
Staff Report
1. Proposed Resolution
4.8 Adopt a Resolution Designating Election Officials for the November 5, 2024 General Municipal Election (Libby Vreonis, City Clerk)
Staff Report
1. Proposed Resolution
4.9 Adopt a Resolution accepting the work associated with Capital Improvement Project Number (CIP) 205 – Downtown Gateway Plaza and Infrastructure Improvement Project (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
2. Notice of Completion
4.10 Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Landscape Architectural Services with Dutchover & Associates to provide contract landscape and irrigation plan review and inspection services for the City of Oakley related to projects for Fiscal Years (FY) 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Proposal
2. Resolution
4.11 Adopt a Resolution Accepting the Work Associated with Capital Improvement Project Number (CIP) 255 – Cypress Grove Subdivision Pump Station Building Project (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
1. Resolution
4 2. Notice of Completion
4.12 Adopt a Resolution Approving a list of projects for Fiscal Year 2024/25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
4.13 Adopt a Resolution Awarding a Contract to DC Electric Group, Inc. for Traffic Signal, Street Light Maintenance and Repair and USA Ticket Marking Services for Fiscal Years (FY) 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. Proposal
4.14 Adopt a Resolution Authorizing the City Manager to Execute an Agreement with AireSpring for City Telephone and Internet Services for Fiscal Year (FY) 2024/2025 through 2027/2028 (Danielle Navarro, Assistant City Manager) Staff Report
1. Proposed Resolution
2. AireSpring Proposal
4.15 Adopt a Resolution Authorizing the Amendment for the Irrigation Well Installation at the City’s Freedom Basin Project – Capital Improvement Project (CIP) Number 265 to cover the cost for the PG&E Electric Service Application and Amendment No. 1 to the contract with Martell Water Systems, Inc. for additional costs for the well construction (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report
1. Resolution
2. PG&E Invoice
3. Amendment No. 1 Proposal
4.16 (Continued from May 14, 2024) Adopt a Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (portions of APN 034-090-022, located at Laurel Road and O’Hara Avenue) (Derek Cole, City Attorney)
Staff Report
1. Proposed Resolution Accepting Real Property
5 4.17 Request Approval of a Proclamation for a Future Agenda (Wound Care Awareness Month) (Libby Vreonis, City Clerk)
Staff Report
1. Proclamation Request Form
2. Sample Proclamation
5.PUBLIC HEARINGS
5.1 Live Oak Industrial Park (TM 09-23, DR 07-23) – Request for approval of a Tentative Map (TM 09-23) for condominium purposes and Design Review (DR 07-23) for the construction of eight warehouses. APN -037-100-065. (Ken Strelo, Community Development Director)
California Environmental Quality Act (“CEQA”) Determination: Find the project is categorically exempt under the Infill Exemption (14 Cal. Code Regs./CEQA Guideline § 15332)
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) Adopt the Resolution Staff Report
2. Notice of Public Hearing
1. Vicinity Map
3. Planning Commission Resolution 8-24
4. Applicant's Plans
5. Proposed Resolution
5.2 Adopt the Resolution Confirming the Diagrams and Assessments and Ordering the Levy and Collection of the Annual Assessments for Fiscal Year 2024/25 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
6.REGULAR CALENDAR
6 6.1 Consideration of Resolutions Adopting the Fiscal Year 2024/25 Proposed Operating Budget, Statement of Financial Policies, Appropriations Limit, Adopting the Fiscal Year 2024/25 Capital Budget and Five-Year Capital Improvement Program (CIP) for Fiscal Years 2024/25 through 2028/29 and Making Findings Related Thereto, and Approving Additional Sworn Police Positions on a Temporary Basis and the Master Salary Schedule. (Jeri Tejeda, Administrative Services Director)
Staff Report
1. Resolution to adopt the Fiscal Year 2024/25 Proposed Operating Budget, Statement of Financial Policies, and Appropriations Limit.
2. Resolution to adopt the Fiscal Year 2024/25 Recommended Capital Budget and Five-Year Capital Improvement Plan for Fiscal Years 2024/25 through 2028/29.
3. Resolution to adopt the proposed Salary Schedule effective July 7, 2024 including the approval of the Senior Planner Classification.
4. Resolution to approve two additional sworn Police positions on a temporary basis.
5. Proposed Operating Budget for Fiscal Year 2024/25 and Proposed Capital Budget for Fiscal Year 2024/25 and Proposed Five-year Capital Improvement Plan for Fiscal Years 2024/25 through 2028/29.
6. Internal Control Report
7. Proposed Salary Schedule
8. Senior Planner Job Description
6.2 Adopt a Resolution Approving the Third Amendment to Employment Agreement Between the City of Oakley and Joshua McMurray (Derek Cole, City Attorney)
Staff Report
1. Resolution Approving Third Amendment to City Manager Employment Agreement
2. Third Amendment to Employment Agreement
6.3 Adopt a Resolution Authorizing the City Manager to execute the Sixth Amendment to the Agreement with Cole Huber LLP for City Attorney Services (Joshua McMurray, City Manager)
Staff Report
1. Resolution
2. Proposed Sixth Amendment to the Agreement
3. Approved Fifth, Fourth, Third, Second and First Amendments and the Original Agreement for City Attorney Services dated February 1, 2010
6.4 Adopt a Resolution Authorizing the City Manager to Execute a Joint Use Agreement and Side Agreement between the City of Oakley and the Oakley Union Elementary School District (Joshua McMurray, City Manager) 7 Staff Report
1. Resolution
2. Proposed Joint Use Agreement between the City of Oakley and the Oakley Union Elementary School District
3. Proposed Joint Use Side Agreement between the City of Oakley and the Oakley Union Elementary School District
6.5 Adopt a Resolution Authorizing the City Manager to Execute an Agreement between the City of Oakley and the Oakley Union Elementary School District for School Resource Officer Services (Joshua McMurray, City Manager) Staff Report
1. Resolution
2. Proposed Agreement between the City of Oakley and the Oakley Union Elementary School District for School Resource Officer Services
3. Exhibit A - Responsibilities of the City
7.REPORTS
7.1 CITY MANAGER
(a) City Manager
(b) Business License Update
(c) Report from the Oaks Apartments
(b) May 2024 New Business Licenses
(c) The Oaks Update June 2024
(c) Housing for Older Persons Info
7.2 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
8.WORK SESSIONS
9.CLOSED SESSION
10.ADJOURN
8 9
Proclamation
Juneteenth
2024
WHEREAS, on February 12, 1909, the 100th anniversary of Abraham Lincoln’s birth, a group that included African American leaders such as W.E.B. Du Bois and Ida B. Wells-Barnett announced the formation of a new organization called the National Association for the Advancement of Colored People, it would have a profound effect on the struggle for civil rights and the course of 20th-century American history; and
WHEREAS, on June 19, 1865, - months after the Civil War ended and more than 2 years after President Lincoln signed the Emancipation Proclamation freeing enslaved people – Union troops arrived in Galveston, Texas, to free 250,000 people still held in bondage. The arrival of Major General Gordon Granger and his troops signaled that the Federal Government would not relent until the last enslaved people in America were free; and
WHEREAS, On Juneteenth, we commemorate that day and honor the tireless work of abolitionists who made it their mission to deliver the promise of America for all Americans. We honor the generations of activists who have advanced the need for our Nation to recognize Juneteenth as a way to reconcile our past as we build a new American future together; and WHEREAS, the annual Juneteenth celebration in the City of Oakley will be held at Civic Center Plaza on Saturday, June 15, 2024 from 10am – 1pm.
NOW, THEREFORE, BE IT RESOLVED that I, Anissa Williams, Mayor of the City of Oakley along with the members of the Oakley City Council, hereby proclaim, June 19, 2024 as Juneteenth in the City of Oakley and urge all citizens to become more aware of the significance of this celebration in American history and in the heritage of our nation and City.
June 11, 2024
____________________
Anissa Williams, Mayor
10 PROCLAMATION
LGBTQ+ PRIDE MONTH-JUNE 2024
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 2024 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 11, 2024
__________________
Anissa Williams, Mayor
11 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 28, 2024
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 Anissa Williams 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 Shannon Shaw and Councilmembers Dr. George Fuller, Hugh Henderson and Aaron Meadows were also in attendance.
1.2 Pledge of Allegiance to the Flag (Pearl Joudrey, Almond Grove Elementary Student)
5th Grade Almond Grove Elementary School student Pearl Joudrey led the Pledge of Allegiance to the Flag.
1.3 Update from Contra Costa Water District (Vice President, Antonio Martinez) Contra Costa Water District Board Vice President Antonio Martinez provided an update and PowerPoint presentation.
1.4 Update from Diablo Water District (Dan Muelrath, General Manager) Diablo Water District Board General Manager Dan Muelrath provided an update and PowerPoint presentation.
Dr. Fuller complimented him on the District’s website.
Mayor Williams commented that Mr. Muelrath mentioned in his update that the District sent a letter of opposition to the State. She inquired if the State imposes a goal or if they want every city to conform.
Mr. Muelrath explained that conservation regulations came out about a week ago and they have a gallons per capita, per household, target; on average, every household needs to be up 42 12 gallons per capita, per connection and there is also an allowance for landscape. He mentioned that the District’s job is to take this information and work with their customers to ensure they get there together. He added that he can provide the City Manager more information on it so they have detail.
Mayor Williams asked if he can give the information to the City Manager as she would like to see how far off residents are from the standard and what they are asking residents to accomplish.
1.5 Update from Contra Costa Mosquito & Vector Control District (Michael Krieg) Michael Krieg, Oakley's appointed Trustee to the Contra Costa Mosquito & Vector Control District, provided an update to the City Council.
2) PUBLIC COMMENTS
Roger Mammon commented that he recently spoke with City Manager Joshua McMurray and he encouraged him to attend Council meetings to speak about Delta Issues. He mentioned the original City Council appointed him the unofficial liaison for Delta matters and he was pretty active for a long time. He mentioned that the problem with the Delta is no one really knows anything about it; if they understood it, they would treasure it more and try to do more about it.
He shared his experience and credentials, all Delta related. He mentioned that the Delta is home to 200+ species of birds, mammals, reptiles, amphibians and more than 20 species of freshwater fish, and the aquatic components of the San Francisco Bay Delta and the size and productivity of the wetlands make it a critical component to sustain the biodiversity in California.
He mentioned in 2023, the U.S. Environmental Protection Agency issued a decision to accept a civil rights complaint filed by a coalition of tribes, environmental justice organizations, the California Resources Control Board for discriminatory management of water quality in the San Francisco Bay Delta which is still pending. He mentioned the Delta Protection Advisory Committee will meet June 4 at the Big Break Center. He mentioned that the State and Federal agencies operating water systems are killing thousands of fish at dams where they cannot successfully spawn, and those that do make it, get sucked up in pumps in Tracy.
Mayor Williams requested Mr. Mammon provide City Manager Joshua McMurray information on the time of the June 4 meeting.
Melanie Rosalez commented on the future location of Library/Senior Center. She mentioned she has been an associate member of the Senior Center since 2019, she enjoys some of the weekly activities at the Center and friendships she has made. She shared she is excited for the new Library location and likes the idea of a new permanent home for the Senior Center but she has concern if the space is not equal or greater than the current space. She suggested a second story of the proposed Library building for the Senior Center which she acknowledged would increase costs, parking would need to be ample, and it would require an elevator.
Mike Castro commented that the people don’t believe the City Council has the Seniors’ best interest at heart, the Seniors made Oakley and the United States, and all other cities in Contra Costa County have stand-alone senior centers; they feel they are not bring treated properly.
William Carpenter commented that he is a senior and retired member of the military. He mentioned that the City is planning to demolish the Senior Center building to build residential units and replacements suggested for the Senior Center that have been offered are a couple of rooms in the new library. He added that if this is the case, it is inadequate for support of the 13 Senior Center and activities it currently performs. He shared that his understanding is that 7,000 sq. ft. will be allocated in the new building for Seniors while 21,000 sq ft. will be the new Library.
He mentioned during the Council meeting held May 21, with one exception, he would like to have heard the Council address the Recreation Center and Community Center; both have overlapping functions; one is intended for Recreation and one is intended for socialization; however, these differences in purpose are not mutually exclusive. He expressed that he has issue with the majority of City Councilmembers remaining mute on issues brought up by members of the Senior Center during the meeting. He indicated that the Council should realize several factors: all will be seniors someday if they are not already and they will have the same ailments and disabilities that go along with aging, and senior centers in most California cities are controlled and funded by cities while Oakley is not. He mentioned rather than the City funding projects that overlap or can be combined, the seniors deserve a center large enough to be responsive to their unique needs and abilities. He mentioned often senior shave limited ability to socialize with their peers and participate in activities, and be among those of their generation and background. He mentioned the Veterans who gave up much for our country, some whom are seniors and/or disabled. He inquired if the Council agrees that they should be included in the planning, funding and space necessary for their activities. He expressed that he believes both groups, the Senior and Veterans, should have the support of the City as the case with most communities.
Diane Merritt commented on the new Oakley Library and how it affects seniors. She mentioned that the Oakley Senior Center is the only entity in Oakley that particularly caters to seniors; the City doesn’t do any outreach for seniors. She shared that the Seniors don’t turn anyone away from the Center in regard to the food distribution program. She mentioned that the Seniors need the City’s support in every senior program.
Mayor Williams announced that item 7.1(b) would be heard prior to item 3 because the remaining public comments appear to be in relation to that item.
Dr. Fuller requested clarification of which item and Mayor Williams mentioned item 7.1(b) would be heard next.
City Attorney Derek Cole advised that public comment should be completed first on any items unrelated to 7.1(b).
Mayor Williams indicated she went through all of the public comments and the remaining appear to be in relation to item 7.1(b).
Mr. Cole mentioned the Council is concluding public comment and going to item 7.1(b).
Item 7.1(b)
Public Comments
Barbara Bautista shared that she is resident at The Oaks in Building 81, the senior building, and she was on the Ad-Hoc Committee, and she mentioned she would come back to meetings to report on the tenant side what they think is going on. She commended the Winn Corporation for the way that they reacted to tenants with flooding and the elevator stopping in Building 67. She mentioned she doesn’t know what else they could have done; they got the tenants rooms, food, medication, and it was full staff on board during the holiday weekend. She mentioned it is a terrible thing for seniors to be displaced but that does happen. She shared that the garbage situation is smoothing out, they are not having any major problems in their building but other buildings are having problems but that may be tenant related where tenants are not throwing the garbage where it should be. She mentioned that she would like the chutes reopened for people 14 that cannot get down because she is not sure that having garbage picked up is helping totally.
She shared that they have community meetings on a monthly basis and if they can, incorporate the on-the-ground manager to attend meetings as it is important for tenants to have that connection and see an active manager. She mentioned that things are and are not getting done; it will take time. She added that the cleaning is not quite being done properly as they are rushing through it to get to the maintenance.
Maxwell Akpa commented on Building 67. He mentioned emergency preparedness and having steps to take should this issue occur. He mentioned some seniors are bedridden and cannot walk out, they did not know where they were going. He mentioned a temporary place was provided for those who cannot walk, and others had to call family to pick them up. He mentioned there was no person from the office and he did not know where he was going on Sunday at 7pm; he did not receive a call until Monday at 11 from the office to ask his location. He asked for emergency preparedness should something like this transpire.
Akkuna Madu commented that she wanted to say the same thing as he said; she lives in Building 67 and there are problems.
Mary Dorrough commented that she lives in Building 59, the senior building. She inquired why The Oaks is allowed to violate…she doesn’t know the codes. She mentioned elevators don’t work and several seniors live on the higher floors; she doesn’t know if it is illegal for handicapped persons not to live on the bottom floor. She shared that seniors have fallen and have been hurt, they have been spoken to subhuman by the manager who is a bully, and the seniors have a spirit of fear, all of whom should be here tonight. She shared that she and her husband will be moving from The Oaks and she is here to speak on behalf of those who are afraid to speak, and she thinks the City should check the codes. She mentioned that they closed the garbage chutes and seniors cannot dump their garbage on the main floor; she hopes that the management will change at The Oaks.
Brenda Strode shared that she lives in Building 81, management should be able to attend the meetings they have, there is a problem with landscaping, and she has been there 13 years and sees all the problems the people have addressed.
Dr. Raymond L. Dorrough commented that he represents the little people at The Oaks. He explained that when people are attempting to get help for a repair, it is a hostile, confrontive environment. He mentioned that there are 900+ units and they don’t have enough staff to manage repairs; for something simple that should take 3-5 days, takes 3-6 months to repair. He suggested they hire 2-3 additional service people and when tenants submit a request, there should be no reprisals taken against them, no fear of eviction, and they should get help in a civil and appropriate fashion.
Oke Johnson, Executive Vice President with Winn Residential, the management company for The Oaks, provided the monthly report and addressed the flooding incident. He reported that on Sunday, 42 households were relocated, this morning PG&E restored power and they worked with City inspector and Fire officials to assess all building and life safety issues, including the elevator and it was determined that it was safe to turn the electricity back on in the building and allow residents to return but unfortunately a switch is needed to repair the elevator and their contractor is doing everything possible to have the part in hand and complete the repair tomorrow morning. He explained that residents that require use of the elevator have been asked to remain at the hotel until it is repaired, and 8 residents will return to the building this evening.
He mentioned despite initial reports and gossip, residents were never in harm’s way on Sunday and the property management staff responded immediately to keep residents comfortable and calm. He shared that 36 senior households were relocated to 3 area hotels and 5 others stayed 15 with family and friends after local officials ordered shut down of the building over concerns that water from a clogged wastewater line could penetrate the electrical panel and elevator. He mentioned that the clog in the line on the first floor caused water to back up and overflow to a vacant second floor apartment located adjacent to the elevator shaft, above the elevator control room. He mentioned apartment staff had been in that apartment on Friday, showing it to a perspective tenant; at that time, there were no issues. He mentioned that Fire and City officials acted on Sunday with an abundance of caution based on the information they had at that time.
He shared that they [management] first learned of the issue at 8:34am Sunday when their oncall technician received a call from a concerned resident. He mentioned the technician lives on site and got to the building very quickly and he tried, but could not reset the elevator, so he went floor to floor checking on anyone who might be trapped in the elevator, but no one was found, so he contacted the property manager who contacted the elevator company. He repeated that no one was ever trapped in the elevator. He shared that the inspection of the elevator and equipment by an electrician found no evidence of water coming into contact with the elevator’s control panel or electrical service. He mentioned that unless residents were in an unauthorized or restricted area in the building, they were not exposed to any wastewater; the leak was restricted to one apartment, one electrical room, and one elevator room, all which are locked and not available to the general public. He mentioned that no water entered occupied apartments or common areas and the wastewater line was cleared on Sunday. He mentioned lines in the building were hydro jetted today. He shared that immediately after the property was red-tagged, management gathered residents in a community room and ordered food, water, and snacks for them, and by 4pm on Sunday, the management team had reserved hotel stays for all residents who needed them; they helped them retrieve items from their units and some personally drove them to the hotel. He added that staff also arranged for pet care and in some instances, staff fed cats that would not leave the building. He added that a security service has been protecting the building and residences in the overnight hours since Sunday. He mentioned that staff has been delivering lunch and dinner to residents Sunday, Monday and today, and maintain contact with all households impacted by the incident. He mentioned that they call residents daily to inquire if they need any toiletries, necessities or medications and address their dietary restrictions whenever possible. He shared that they have kept a detailed log, available for review, to ensure they have accurate information on all residents and to avoid misinformation regarding those individuals. He mentioned on Monday, staff drove to the hotel and gave each household a $300 gift card for incidentals and food that may have spoiled in their refrigerators during the power outage, residents are not being charged for hotels, they will receive a partial credit on their June rent due to the incident, they will help file claims for those with renter’s insurance. He thanked Mayor Williams and Vice Mayor Shaw for their support and area hotels who accommodated pets on short notice and for the vendors who mobilized quickly to help them. He also thanked other members of the community who helped take care of the seniors.
He also thanked the residents who maintained a positive and helpful attitude throughout this unfortunate situation. Lastly, he thanked and commended the property management and maintenance staff who acted immediately to make the safety and welfare of residents their first priority during an emergency over a holiday weekend. He shared that they had effectively full staff Sunday and Monday. He mentioned that their efforts to restore the building to normal operations are ongoing this evening as they welcome residents home and that will continue in the days ahead. He mentioned the written report [monthly update] was provided earlier.
Vice Mayor Shaw commented that $300 gift cards were given to tenants that were sent to hotels. She inquired if $300 gift cards were provided to the other 5.
Mr. Johnson mentioned they delivered the gift cards to those in hotels and will distribute them to the other 5 when they see them.
Councilmember Meadows inquired if they know what caused the back up. 16 Mr. Johnson mentioned that lines were hydro jetted, and camera applied, and no specific debris was located; it appears to have been normal back up-sludge so they flushed all other stacks in that building as a precautionary measure.
Dr. Fuller requested more information about the senior building Mr. Johnson shared that the senior building is where the incident occurred, and it is 55+.
Dr. Fuller inquired why they are all together, 55+, in one building.
Mr. Johnson explained that is set up by Congress and overseen by HUD.
Dr. Fuller inquired why he [Dr. Fuller] would not consider that discriminatory.
Mr. Johnson mentioned he might, but they did not draft the legislation, but thye follow a program outlines by HUD; it is how the building is funded and regulated.
Mayor Williams commented that for clarification, this report that Mr. Johnson gives, is a regular scheduled report and part of the Ad-Hoc Committee requirement. She mentioned the event that occurred was an unfortunate event, but this is a regularly scheduled update so they are giving him extra time to review and cover it; he is not here because of the incident that happened; it is a regularly scheduled update.
Councilmember Meadows inquired if Mr. Johnson is going to provide information regarding the written report or if the Council is going to begin asking questions.
Mr. Johnson mentioned he would not read the report as it is in writing, and he accepted questions.
Councilmember Meadows commented that last time, he and Vice Mayor Shaw had asked for information regarding how long it is taking them to close service tickets.
Mr. Johnson mentioned when he pulled that information, they use a software called RealPage software, and they are having trouble differentiating between work orders so they are working with the Senior Vice President of Facilities to resolve the issue to provide accurate numbers.
Vice Mayor Shaw commented that at her facility, they do preventative maintenance the 1st of the month; when it I supposed to get done is when it is entered into the system so they can run a report for average turnover time, total work orders turned in, and total work orders completed, and then it can be broken out into preventative maintenance, electrical, plumbing, etc. She shared that she has used RealPage and it is capable of doing that although that is not what she uses now. She mentioned that she still wants to know the average turnover time for a work order turned in today and appreciates the report showing how many were turned in and completed, but she wants to know how much backlog is still there.
Councilmember Meadows agreed. He mentioned that he uses different software. He shared that they are automating everything and doesn’t understand why they wouldn’t be.
Mayor Williams mentioned she brought up last time that management offers many different enhanced ongoing services and she would like to have actual numbers how many people are utilizing those services and how many residents that food services is benefitting, something she would have liked to have seen in this report. She mentioned there are ongoing issues as 17 members of the public are here commenting on that and a lot of it is outside what the City can control and enforce. She commented that Mr. Johnson mentioned Congress defined the rule and there is a State agency in charge of oversight; she would like reports to include what kind of oversight coming from Federal, State or otherwise, what types of things the State is looking for and when certifications are happening. She mentioned there has to be some form of accountability of funding coming from the State, and if there are ongoing issues, she wants to be able to say what the State requires and when it was submitted to the State as the City has no oversight on the issues.
Vice Mayor Shaw mentioned with the Ad-Hoc Committee, the agreement was to start meetings on site and this is the third time she has heard that upper management is not attending and she would like to know if there is a reason they are not attending.
Mr. Johnson mentioned they have other meetings but the one being referred to is “Coffee with Katie”; she is the regional manager and she sits down with the audience. He mentioned she is the corporate level supervisor. He added that there are other resident events that take place during the month. He shared that in June, they will be replacing “Coffee with Katie” with him meeting with residents individually so residents can interact with him as they did during the AdHoc Committee and they will probably do that quarterly. He mentioned that the monthly coffee meeting is designed not to include local onsite staff with residents.
Vice Mayor Shaw commented that residents have other opportunities to meet with onsite management and this is more of a safe space where they can bring topics up to upper management which Mr. Johnson confirmed is correct.
Mayor Williams commented that it makes sense if there are property issues for residents to have interaction with upper management. She inquired if residents still have an opportunity to meet with onsite management or if they have to chase them down.
Mr. Johnson mentioned the meeting dates are in the report and he believes the meeting held in May provided that opportunity for a community meeting outside the regional manager meeting.
Mayor Williams read dates of the meetings.
Mr. Johnson commented that there are regular opportunities.
Dr. Fuller commented that he finds it highly discriminatory that seniors are in one building; seniors have less ability to fight with management, illnesses easily to interfere with their ability to negotiate, they are easy to abuse or treat without civility, and often they have nowhere else to go. He mentioned he is hearing they were abused; they are not getting services they need, and they had to emergency evacuate them and put them in hotels. He mentioned not only would he like to hear why they are there but if it is not required by law, they be dispersed back into the buildings because his thoughts are if they get inclusive with all other buildings, all tenants work together, even the younger ones who are more able to stand up to management and articulate than what they are doing now by being segregated if 55+. He mentioned they only time he can think of besides voluntary, that you would move a person who is senior involuntary is for nursing or hospice. He mentioned he would like the City to respond as it is receiving profits and is in a management position of some type and he would like to know what the City’s legal position is when it knows this is going on, and if it is lawful and to him it is discriminatory.
Vice Mayor Shaw commented that any senior can apply and choose to live in a family building.
She mentioned residents 55+ can choose to live in a senior building because people under that age cannot live in the senior building. She shared that she manages a 62+ housing facility. 18 Dr. Fuller commented she is defending them and he wants an answer from management.
Vice Mayor Shaw addressed the public comment made regarding the elevators and only allowing people with disabilities to live on first floors; that would be discriminatory, and they have to allow a resident to live where they choose to live; to do otherwise would be violating their rights. She mentioned an elevator is provided for that access. She reiterated that seniors can live in any building; people younger than seniors cannot live in senior buildings.
Dr. Fuller commented that he is not hearing that, so he wants management to clarify it and provide numbers.
Mr. Johnson mentioned that the building is 55+ and families are not allowed to live in the building. He mentioned they have buildings on site where anyone can apply to live if they qualify for the program that regulates that type of building. He mentioned Building 67 is a senior building and residents must meet the requirements of the 55+ program in order to live there.
Dr. Fuller commented he wants to hear from management in writing that this is where the 55+ should go.
Mr. Johnson responded that he can provide a definition of the program and how that building was funded and approved with the next update.
Mayor Williams commented that it goes along with her request earlier for State requirements as there are different State requirements for each and she would think those two things would potentially go hand in hand.
Mayor Williams mentioned trash chutes have been continuously brought up. She inquired if there is a long-term solution.
Mr. Johnson responded that the trash chutes were closed, and they just replaced the trash compactor and have new trash bins for the compactor; it has been working very well as designed right now; they have been finding less trash around and the trash rooms are cleaner and not a hazard. He mentioned there are 6-8 individuals in the senior building requesting assistance, but they could be in any building, so they are providing concierge trash pickup for them; they pick up trash for them and it is something they are still perfecting but they believe it is working well and they will continue this effort.
Mayor Williams inquired if management is open and receptive to feedback if it is not working which Mr. Johnson confirmed they are.
Mayor Williams mentioned she was involved fairly early with the incident and in regard to emergency preparedness, this was a huge disaster management was dealing with and when she was talking with people, she felt there was sincerity to not want to pull folks from their homes unnecessarily; many seniors put into hotels didn’t want to go. She mentioned there is that struggle of having to do the right thing when some didn’t want to go and early on there was some uncertainty what to do. She mentioned emergency preparedness is a very valid point and inquired what sort of plan is in place. She commented that it was a holiday weekend, it was all hands-on deck; she was there, and staff responded. She gave kudos to Erin mentioning she left her many messages. She commented that this was out of the ordinary, maybe the response was klunky, but who can really prepare for this without an emergency plan. She requested if buildings would need to be evacuated again, a clear plan that is communicated to residents so they understand; she understands every emergency will vary but would like a plan in place of 19 which Mr. Johnson agreed and he mentioned that they have another property which they will model an emergency plan, although they already have plans but unless practiced, they can appear klunky.
Vice Mayor Shaw inquired if they have denied any requests for trash pickup accommodation.
Mr. Johnson responded that he is not aware of any requests that have been denied. He suggested any resident with concerns about this may reach out to him directly.
Vice Mayor Shaw asked if Mr. Johnson could address a fire in a trash compactor that occurred during the flooding situation.
Mr. Johnson mentioned they are still unaware what that was; staff did not receive a report of it.
Vice Mayor Shaw mentioned she thinks that the Fire Department had mentioned it.
Mr. Johnson responded that they have not received anything saying there was a fire.
Vice Mayor Shaw commented that this may not have been perfect, but they can take from it and learn from it. She mentioned that she went to the site and tried to help with good intentions to let residents know the City cares, and management cares, and she appreciates their staff letting tenants in and retrieving medications and other belongings. 3) COUNCILMEMBER COMMENTS
Dr. Fuller commented that seniors have been mistreated in this city. He mentioned he has heard Vice Mayor Shaw say that there should be nobody his age on the dais because they are too old to really think; there is a comment where she said, We’ve got to have young people because they will bring it in” and eventually she relented on that and said we could have one; thank you very much, but that is still discriminatory. He mentioned people have been answering for the seniors who have already brought up that they are being discriminated against basically because they don’t believe we are really competent enough to understand what is happening to us, so it does exist and we do not honor them. He mentioned it is shameful that we don’t have something adequate for them. Regarding Veterans, he mentioned he does not know the name of the program, but if you were in burn pits in Iraq or the Middle East wars, or agent orange, or Vietnam, you can file for possible disability resulting from it. He shared that he is very attuned to it as he is in the Camp Lejeune group and his daughter passed a year ago from pancreatic cancer at age 50 and he is concerned that something may have passed to her from the toxic water he was drinking at Camp Lejeune, so they need to be aware of it. He mentioned when he was on the Delta Protection Committee, the Delta can be hard to understand, but it is a very important resource and should be treated with understanding and care, including the Delta Conveyance Project. He mentioned someone left the dais without notifying any of the Council and decided to become an envoy in a hostile foreign country with foreign agents. He mentioned Mayor Williams had a report in her blog which is unofficial; it does not become official until after the Council votes on it; and she mentioned he suggested that the City take money from the Cypress Road expansion when he had only asked a question. He mentioned the official minutes, after they are approved, are always available online.
Vice Mayor Shaw commented that she is so happy Dr. Fuller mentioned her comment about people on the dais, seniors, because there have been so many comments that have been made and she wants to clarify them: (1) she mentioned she campaigned and raised funds and 20 received and returned a contribution from DeNova and Dr. Fuller accused her of laundering campaign funds which is false, (2) she responds to comments made by Dr. Fuller or put out a statement and Dr. Fuller accuses her of a gaslighting atmosphere and returning to the Montgomery era when she has never met Bryan Montgomery or worked with the City at any time Bryan Montgomery was City Manager, so that is false, (3) she made a suggestion to the Police Department regarding 4th of July firework enforcement and Dr. Fuller accused her of micromanaging our Police Chief, again false, (4) she attended a special meeting regarding the design of the 55-acre park as instructed by the consultant—the Council was asked to go to the easel and give input and Dr. Fuller accused her of badgering residents into accepting her opinion, again false, (5) when the Council made an Affordable Housing Ad-Hoc Committee to address Carol Lane, Dr. Fuller said they weren’t holding them accountable, (6) she was assigned to the Library Sub-committee; Dr. Fuller said they weren’t being transparent, (7) she is a member of a service club and Dr. Fuller has accused her of being part of a Rotary voting block, (8) when she brought up to raise Council pay so they can attract a wide range of talent and not have 5 people up here that are able to sit on their retirement that is so she can expand it to everybody, Dr. Fuller accused her of being an ageist, (9) when she does her research before a Council meeting and prints and places the full agenda packet in a binder to bring to the meeting, Dr. Fuller accused her of having some kind of inside information, (10) when she talks to constituents, especially ones that Dr. Fuller does not like, he accuses them of rendezvous and collaborating, again false. She mentioned she has Dr. Fuller’s statements, his comments, his blog, and his Nextdoor posts printed for every one of these false statements and she would be happy to share them. She added that when she asked for a future agenda item to discuss all ways they can hold each other accountable, Dr. Fuller accused her of working to censure him, again false; she never used those words. She mentioned now they have an issue that she didn’t announce the Mayor’s trip to China; it is not her job to discuss the Mayor’s whereabouts; it is her job as Vice Mayor to do things in her place when she is unavailable and she did just that. She mentioned obviously they do not get along, but she asked him to go to coffee so they can figure out how to work together for the betterment of this City and it has been nothing but crickets. She mentioned she would like to work with every single person here; she guesses she cannot work with other Councilmembers, have a good relationship with staff, discuss things with constituents, meet with consultants, advocate for things that matter to her, be a part of service clubs, print her agenda or give her opinions at meetings. She mentioned that she gets that Dr.
Fuller is not going to change how he does things, but neither is she, so she would like to be able to do her job the way she sees fit and how she was hired to do it.
Mayor Williams clarified that three of the Councilmember were elected at-large and their responsibility is to the city as a whole; the only people representing districts today are (pointing toward Vice Mayor Shaw and Councilmember Henderson); those elected at-large have to make decisions for the whole city; they can’t campaign to a future district; they need to make decisions for the whole city. Regarding her trip to China which will have a full recap later in the meeting and there was a press release that went out, she mentioned the most important thing to know is that not one cent of taxpayer money was spent, nor would she spend one cent of taxpayer money; every trip she takes for the City is very important and she weighs the cost analysis and what will come to the City. She mentioned even if 4,000 jobs were lined up, there is no way she would put the expense on the City. She expressed she is sorry that she is currently the Mayor who was asked to perform this duty as many others have been asked and many of the people who are in very highly elected official positions today have gone on this trip since 2014. She added that there is no reporting ahead of a trip that she needs to give and it is very indicative that that request has never come before any domestic travel. She mentioned she has received many, many messages from our API community about the response that has come to this is a reflection of how they are welcomed in Oakley and she takes that seriously; it should not be a reflection of how we treat people because we have some foreign enemy in our 21 head. She mentioned a large press release was not done before hand because what if she went on this trip and not one thing came of it. She mentioned she did go on the trip and they presented a lot of outstanding opportunities that she had no idea about but when she gets to her Councilmember reports later, she will discuss it. She invited her colleagues on the dais to refocus their energy away from negative campaigning for their next election and roll up their sleves and actually do some work in this City; actually do some work. 4) CONSENT CALENDAR
4.1 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 14, 2024 (Libby Vreonis, City Clerk
4.2 Report Out of Closed Session Memo (Derek Cole, City Attorney)
4.3 Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Heating, Ventilation and Air-Conditioning (HVAC) Preventative Maintenance and Repair Services with Prime Mechanical Service, Inc. for Fiscal Years (FY) 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.4 Adopt a Resolution accepting the work associated with Capital Improvement Project Number 295 ? Fiscal Year (FY) 2023/24 Curb, Gutter & Sidewalk Repair and Replacement Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.5 Adopt a Resolution Awarding a Contract for Professional Services Agreement for On-Call Materials Testing Services to BSK Associates for Fiscal Years (FY) 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.6 Adopt a Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with Bellecci and Associates to Provide Design Services for Capital Improvement Project Number 302 - East Cypress Road Widening (Jersey Island Road to Bethel Island Road) Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.7 Adopt a Resolution Adopting the 2024 Engineering Standard Plans and Details for the City of Oakley (Kevin Rohani, P.E., Public Works Director/City Engineer) Dr. Fuller pulled items 4.3, 4.5 and 4.7.
It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Items 4.3 & 4.5
For both items, Dr. Fuller inquired why the City can’t enhance its own employees to be able to deliver more skills and perhaps raise their income. He mentioned he worries because since the 1990s, cities have been looking for ways to drive down city employees ability to negotiate and it bothers him. He mentioned they could renegotiate their contracts including their services with them.
Mayor Williams mentioned she thinks they may have to take them one by one since they were pulled.
22 Mr. Cole advised the Council should vote separately but can have a single discussion if it relates to the same matter.
Public Works Director/City Engineer Kevin Rohani mentioned the City offers a wide range of services, there is no way the City is trying to push any staff down without growth opportunity; they limited staff, a handful dedicated employees, and the City;s approach has been to provide the best product for the community while providing opportunities for all staff to cross train. He shared that the entire maintenance team over the past year has been cross training on streets, facilities, and parks so if someone is ill, they can cover. He addressed HVAC (item 4.3) which he indicated is specialized work. He mentioned they could assign staff and could send staff to training but this specialized work is not something the City does every day; they have quarterly or monthly service and their day to day work is what staff does across the city. He added that this type of work is specialized and infrequent and that is why they bring a contractor in; this model is used by many other cities and is not unique to Oakley; it provides good service at good cost.
Dr. Fuller commented he will vote no on both; he is not convinced the City is really trying hard enough to allow employees to participate in this decision and perhaps contribute their own expertise or be trained to.
Mr. Rohani commented that the Public Works staff contributes each and every day; some of these are more sophisticated maintenance tasks that require certification and yes, they could send somebody to training but it is not in the City’s operations to have one dedicated staff member for each of these things.
Vice Mayor Shaw inquired if the City has to hire or train someone in-house to do this specialty if it would be at a higher rate and if they had to do day-to-day operations or minutia of things that have to be filled in, if the City would still have to pay them at the higher rate., even if emptying a garbage can.
Mr. Rohani confirmed if they hire or train someone at this level and do not have daily work for them to perform those tasks, they would still be paid at the higher rate so it is impossible from a practicality position.
Vice Mayor Shaw inquired if there is enough of this specialized type of work for employee to do if there was someone with that type of specialized training, day to day, every day, for 8 hours.
Mr. Rohani responded “no”. He mentioned HVAC has quarterly and yearly service.
Vice Mayor Shaw inquired if within his department, if they still have cross training, advancement and educational opportunities which Mr. Rohani confirmed they do.
Mayor Williams commented that the contract for HVAC is for $18k. She inquired if Mr. Rohani has any employees in his department that any could survive on this amount annually which Mr.
Rohani confirmed he does not.
Mayor Williams inquired if everyone was certified, does he have anyone working 32 hours that would have flexibility to have 8 hours on this.
Mr. Rohani mentioned he does not; they do not have anyone working less than 40 hours. 23 Mayor Williams inquired if they did not contract this out, if they would be asking in-house Public Work employees to work longer hours or contract it out for $18k.
Mr. Rohani mentioned it is impossible to find this type of technician for $18k/year. He mentioned they want to make sure the HVAC on facilities are functional and last; the service is not just changing a filter; the electronics and compressors have to be serviced and monitored.
Dr. Fuller inquired if Mr. Rohani has ever approached any employee for any of these jobs to negotiate if possibly they can do it or contacted one employee about getting expertise for this job.
Mr. Rohani responded he has not; all staff works full time and then some to attend to assorted maintenance services.
Item 4.3: It was moved by Councilmember Meadows and seconded by Councilmember Henderson to adopt the resolution as presented. AYES: Henderson, Meadows, Shaw, Williams.
NOES: Fuller. (4-1)
Item 4.5: It was moved by Councilmember Meadows and seconded by Councilmember Henderson to adopt the resolution as presented. AYES: Henderson, Meadows, Shaw, Williams.
NOES: Fuller. (4-1)
Item 4.7
Dr. Fuller commented that he is looking at the specs and site amenities on page M01 (PDF
companies for things like park benches, concrete, and trash receptacles, He inquired how the staff makes the choice for these companies.
Mr. Rohani mentioned the names of companies have developed over the years. He explained that most municipalities don’t want to have mismatched products; there are many manufacturers that make park benches and the product that has lasted works best in Oakley; it is a large company that produces outdoor furniture. He mentioned having standards benefits the community because they don’t want to stockpile 10 different kinds of benches as that is impractical and they want uniformity and to specify products they can stand behind. He mentioned 10 years ago when they didn’t have the standards, equipment had to be replaced because it didn’t last and it clarifies the design for architects and engineers working in Oakley.
Dr. Fuller inquired what process staff uses to determine this is the product to use, how it is determined this is the best price, and that it is what is needed for the City.
Mr. Rohani mentioned it is staff’s job as professionals in the Public Works business to provide details of products they believe are best for the community and this happens through many years of experience and trials and tribulations. He mentioned the City of Oakley, County, State and other cities have standards like this because they don’t want inconsistent products through the system with no control over; this way they know the products are good and will last.
Mr. McMurray commented that on the same page Dr. Fuller mentioned, it indicates “or approved equal” so there is some flexibility. He echoed comments of Mr. Rohani and mentioned prior to Mr. Rohani creating a document like this, there was no standard; it was case by case what was being installed in parks and facilities. He mentioned the Council hired him to ensure the City is run properly and he ensures staff is doing their job and trained properly, and he takes Mr.
Rohani’s recommendation seriously and if staff is saying these manufacturers are standard; it is 24 staff’s professional recommendation, and if they disagree, staff wants to know why and/or hear suggestions.
Dr. Fuller commented that he wants to know why these are standards, if it is possible to set standards when they put these projects out to bid.
Mr. Rohani mentioned carpet has specific technical specs; the same is for park benches; if staff specifies what they want, then staff knows the background and if anybody wants to do something else and can match the same specs, fine; this keeps Oakley a unique and beautiful place.
Mayor Williams mentioned the developer is required to put in most of the items. She inquired if the City is responsible for their maintenance.
Mr. Rohani mentioned the developers may use what the City uses and products don’t last forever so the City replaces them. He mentioned with new development, the furniture is based on this, and any replacements around the city, the City would use the same product.
Councilmember Henderson commented that this is easier for our developers and working under contract; this works as their playbook so they know what kinds of trees and this helps them when bidding a project or building a project.
Mr. Rohani confirmed it does and mentioned the E Cypress Road project, and in July, the Laurel Road widening project; incorporates the same type of material; they have standards for protection of the City.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson to adopt the resolution as presented. Motion was unanimous and so ordered. (5-0) 5) PUBLIC HEARINGS
None.
6) REGULAR CALENDAR
6.1 Waive the First Reading and Introduce an Ordinance Adding Oakley Municipal Code Section 9.1.1230(d) to Address Outdoor and Indoor Marijuana Cultivation Exceeding Six Plants as Separate Offense (Libby Vreonis, City Clerk/Paralegal) City Clerk/Paralegal Libby Vreonis presented the staff report.
No public comments were submitted.
It was moved by Dr. Fuller and seconded by Vice Mayor Shaw to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0)
6.2 Waive the First Reading and Introduce an Ordinance Adding Oakley Municipal Code Section 4.41.120 to Include Administrative Hearing Requirements Related to Unlicensed Commercial Cannabis Activity (Libby Vreonis, City Clerk/Paralegal) City Clerk/Paralegal Libby Vreonis presented the staff report. 25 Dr. Fuller commented on the third prong of the requirements and that it is the responsibility of the property owner to know what is happening on their property and with cannabis there are many indicators, i.e., increased electrical and water use, no one entering the house, windows papered over, etc. He mentioned property owners with rentals should hire a property manager if they cannot provide oversight of the property. He inquired how this would work so the property owner is not off the hook.
Ms. Vreonis mentioned when a violation occurs, the property owner is mailed a Notice of Violation and/or a citation to the address shown on the property tax roll so if that is not returned staff assumes the property owner has received the notice. If it is returned, staff takes additional steps, not because they are required to, but as a courtesy, to try and locate that property owner by sending a second mailing or by phone or email if they can locate contact information.
Dr. Fuller inquired what would be a “reasonable period of time”.
Ms. Vreonis mentioned the administrative hearing officer would make that determination.
Dr. Fuller commented that he doesn’t give property owners much slack when they have people in their houses growing cannabis; it is their responsibility to monitor and be aware of it. He mentioned he doesn’t want to see a property owner allowed a year to remedy the situation, maybe 3 weeks.
Councilmember Meadows commented that landlords don’t have the right to go into homes, tenants sign up for PG&E and water on single-family homes, and landlords don’t monitor this information. He mentioned if he got a code enforcement violation, he would look into what is going on and issue a 3-day notice to cure or quit, and after the 3 days if it is not cured, he would have his attorneys file an unlawful detainer with the court which could take up to months depending on the court calendar which is not within their control so he is glad it is with the hearing officer to determine what is reasonable.
Dr. Fuller clarified that he is not suggesting to go into someone’s home, but that a property owner should monitor the property by driving by and be aware of things like papering windows and involve law enforcement if necessary.
Vice Mayor Shaw shared that she owns property in Tennessee so she cannot drive by and she does not have access to their utility information. She mentioned she likes that they must have a lease that mentions it is not allowed on the property and all three provisions must be met to allow for reasonable time to clear the violation. She mentioned you can’t make property owners have property managers if the owners are not local.
Dr. Fuller mentioned Vice Mayor Shaw keeps saying “you can’t”. He suggested she can say “I can’t” and if the property owner can’t, then with cannabis grows the Police come along.
Vice Mayor Shaw clarified “you” as a collective statement, not “you” as an individual. She mentioned “you” as a property manager cannot be forced to hire a property manager; it is a choice.
Mayor Williams mentioned she would guess that with California property rights, the City would have zero input on that.
City Attorney Derek Cole confirmed that is correct; the landlord and tenant have obligations to each other under California law that are very well stated and regulated; the City would not get 26 involved in that. He mentioned he agrees with everything the City Clerk has said and the City has a good hearing officer who is very fair and he has handled some cannabis appeals already.
He mentioned the concerns the Council has mentioned are valid and an absentee landlord would have to provide evidence, i.e., an agreement that says you cannot grow cannabis. He mentioned tenants who take care of properties, pay their utilities, keep up the landscaping, and don’t have complaints from neighbors, may not be able to get away with growing 150-200 plants like they have encountered, and State law allows 6 plants, but maybe they are growing 20-30 plants that a really good landlord would not be able to detect and that is why they have a hearing officer that will expect the landlord to come forward with facts. He mentioned the points the Council has made are good points and he believes the ordinance as drafted gives them flexibility.
Mayor Williams mentioned the requirement for the lease agreement to prohibit cannabis grow.
She inquired how common it is for this to be in a lease.
Mr. Cole mentioned he believes it is becoming more common and Councilmember Meadows or Vice Mayor Shaw may be more familiar. He asked Councilmember Meadows if the California Association of Realtors form may now address it.
Councilmember Meadows mentioned he believes it does but if it doesn’t there is other language on the form that addresses illegal activity. He mentioned he doesn’t want anything grown inside his properties because whether it is one or more plants, and whether he is the landlord or property manager, it is causing major damage.
No public comments were submitted.
It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0) 7) REPORTS
7.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced that the Major League Fishing 2024 Western Division Toyota Series will be held June 5-7 on the Delta, and Friday Night Bites and the Summer Concert Series will be held June 7 at Civic Center Plaza.
Mayor Williams inquired if both will be on social media which Mr. McMurray confirmed staff will post.
(b) Report from the Oaks Apartments
This item was heard prior to item 3.0.
7.2 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
27 Vice Mayor Shaw reported she attended Opportunity Junction’s ribbon cutting for their new medical assistant training facility on May 15 and the Library subcommittee meeting later that day to finalize Library fundraising events and set dates. She reported that on May 16, as an alternate, she attended the Delta Protection Commission where there was a budget update, a potential location was discussed for the Delta Heritage Forum to be held later this year, and they voted to support Federal legislation to provide funding to address abandoned vessels, they met the 8th graduating class of the Delta Leadership Program, and they voted to appoint 2 members to the Delta Protection Commission Advisory Committee (most appointees have been graduates of their Leadership Program). She mentioned their next meeting will be held in Oakley in July. She also reported helping with the Chrome Coffee ribbon cutting on May 17. She mentioned she attended the Council’s joint meeting with the Planning Commission on May 21 and she thanked staff for putting that together. She also reported attending the Tri-Delta meeting on May 22 where she learned that current Planning Commissioner and former Tri-Delta CEO Jeanne Krieg is being honored on June 20 at the WTS Annual Scholarship and Award Gala, they received an update that the Clipper 2 rollout is on hold indefinitely, the Board approved a one-year agreement with Makers Boulevard at the Oakley Park and Ride once a month. She mentioned Mayor Williams worked on making this a reality and she gave credit to her; and they received an update on SB 1031 for Tri-Delta. She also reported on May 23, she stopped by the Oakley Public Works Department while they celebrated their Public Works Week by hosting students from Vintage Parkway Elementary to get a firsthand look at what it takes to maintain public infrastructure and keep the City beautiful for our enjoyment. She mentioned May 25th was the Memorial Day Event at the Community Center and she thanked everyone for coming out. She mentioned Sunday and Monday was filled with calls and emails regarding flooding that caused the elevator to go down at The Oaks.
Councilmember Meadows reported he also attended Chrome Coffee’s gran opening event and the Memorial Day event. He also reported attending the CCTA and MCE meetings last week.
Councilmember Henderson reported he attended the Memorial Day ceremony, Parks and Recreation staff did a nice job, and it was a nice event.
Mayor Williams reported that Vice Mayor Shaw already reported on the Library Committee meeting and the reason she was her alternate on May 16 was because she attended the Family Justice Center annual fundraiser with Supervisor Diana Burgis who sits on the Board. She reported she attended the Freedom High School Letter of Intent rally on May 17. She also reported on her trip to China where they engaged in meetings from 8am-10pm each day with her first day involving a 9-hour layover in Hong Kong where they took two meetings at the airport with the China U.S. Exchange Foundation (first meeting) and Invest Hong Kong (second meeting) who gave them a list of Hong Kong businesses looking to invest in the U.S. of which list she will provide to Harumi Murata in Economic Development. She mentioned once they arrived in China, there was an industry-linking meeting to match the top industry leaders in their city from all over the world with city leaders and she was able to provide what the City of Oakley has to offer and there were best practices shared from some of the industrial parks that she will provide staff. She mentioned the City of Seattle and City of Sacramento have four offices in China and one of their officials mentioned that as long as you have officials in place, you need to create benefits for that place and people. She mentioned that the remainder of the conference was focused on green city development, and they attended a very large network of friendship cities. She mentioned the U.S. and China share the largest economies and this first face to face meeting is very important for the friendship cities. She mentioned Oakley offers 4,000 jobs in the Logistics center and one of the businesses that reached out to them is Amazon FBA which is ordering online from a private seller and they are looking for warehouse space in the U.S. She shared she was able to connect local (Brentwood and Knightsen) ranchers with an importer of American beef into China. She mentioned the final day, they looked 28 at a potential friendship city. She thanked Harumi for her hard work to prepare things for her to present as these things are important to other countries. She mentioned the City they are proposing, ChaoZhou, is an amazing place where rock carvings moved from city to city with their final resting place for the last 900 years in ChaoZhou. She mentioned while their population is 750,000, it is very agricultural focused juxtaposed with growth. (b) Requests for Future Agendas
None.
Mayor Williams called for a brief recess at 9:03 p.m. Thereafter the Council reconvened. 8) WORK SESSION
8.1 Exploring Funding Options for Local Startups and Small Businesses (Harumi Murata, Economic Development Analyst)
Economic Development Analyst Harumi Murata presented the staff report and PowerPoint presentation. She corrected an amount on her slide for $300k, not $618k.
Mayor Williams commented that they have tasked staff with creative financing. She thanked staff for their hard work and expressed that she knows how important bridging the gap with funding is for small businesses to come in; i.e., Willys, Chrome Coffee, etc. She mentioned she wants to know more about HUD 108 loan funding which she will research, but she knows with SBA loans it requires two years of financials which are hard barriers; it may cost $400k for a restaurant to furnish its space then they have rent. She mentioned the small businesses don’t have capital. She mentioned the Entrepreneur Center cost and rent are somewhat of a wash and she credits former Mayor Alaura for her idea to launch that. She mentioned her husband has office space there and is about to make his first sale in Oakley. She mentioned there is a shortage of office space, so she appreciates creative solutions and that is what we need to work through. She inquired if the $300k is to do required grant funding or was that an average.
Ms. Murata mentioned that is the average cost; as we wait, the cost increases. She mentioned the 5 projects that have been completed they have proof of their spending, but it varies project to project. She mentioned the maximum payment is $50k and it didn’t matter if it is a small project or not; they were qualified applications and received the $50k cap.
Councilmember Meadows inquired if Ms. Murata mentioned over 100 SBA 504 loans and over 100 SBA 7A loans throughout the whole State of California which Ms. Murata confirmed is correct.
Mayor Williams commented it is a tough barrier to provide financials to qualify.
Councilmember Meadows commented that he is surprised based on California’s population and it takes possibilities off the table. He mentioned some of these businesses need help going through the process, someone to navigate them, if we can help navigate some of these viable businesses.
Ms. Murata mentioned staff constantly seeks ways to navigate the construction project, Public Works and Building have resources but tailored support may be needed. 29 Councilmember Meadows mentioned it is not just projects, it is providing navigation if someone wants to open a restaurant, for example; the small business trainings Ms. Murat did were good; he would like to continue that and have a liaison program, or map how to hold someone’s hand through the process.
Dr. Fuller commented regarding financing. He mentioned Oakley qualifies as rural town even though it is in a metro area with population of 43,000. He mentioned there are a number of programs that apply to rural programs. He mentioned libraries fit there and especially with neighboring cities as open as they are, so he is confused why they are not hearing about it. He mentioned the rural development loan was broader.
Councilmember Meadows inquired where he saw it.
Dr. Fuller mentioned he believes it was the Department of Econ Development category on the U.S. Government Business Development site. He mentioned he wouldn’t want 1/2 million because he wouldn’t want to put up his house, but these were non-collateral loans that for him would be sufficient. He mentioned non-profits put money in the bank, rent space, have employees that go to lunch, but we don’t talk about them. He shared that when he was in Hawaii, the University of Kauai West Oahu is associated with the Chinese Literature Center and brought in capital to build a university type of school. She mentioned the FBI Director gave a speech at Vanderbilt in Nashville that war with China seems inevitable but if they want to help mitigate the area, look into educational resources with China. He mentioned they are surrounded by educational centers, i.e., UCSF, St. Mary’s, UCB, CSEB, etc. He mentioned what happens if they took land here and partnered with an area university to develop an educational center here.
Mayor Williams commented that any non-profits that wanted to open something could qualify for a grant like this.
Ms. Murata inquired which grant and Mayor Williams mentioned any except the relief grant would have had to show they were an established non-profit.
Ms. Murata commented that typically non-profits are excluded.
Mayor Williams mentioned Chrome Coffee or Working Wonders potentially would qualify.
Ms. Murata responded yes, they could apply and the property owner has to sign off on an application.
Mayor Williams mentioned no vote is required.
Mayor Williams mentioned she would love to look at any potential future financing, including impact fees from developers; in the meantime she would like to come up with something to guide people including how to qualify for tax credits, and similar to Councilmember Meadows’ suggestion, a mentorship program with the City or Chamber. She mentioned for small businesses it is very expensive to start up and sometimes different for each city. She suggested a streamline process and/or concierge-like service.
Dr. Fuller mentioned the Golf Shop on Main Street.
No public comments were submitted.
30 9) CLOSED SESSIONS
Mayor Williams announced the Closed Session items. She mentioned the next regular meeting will be held June 11, 2024 at 6:30 p.m. in the Council Chambers. She also announced that on June 25, there will be a meet Mayor and Vice Mayor. She mentioned the meeting will be adjourned after closed session.
9.1 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Williams, Vice Mayor Shaw, City Attorney Cole
Unrepresented employee: City Manager
9.2 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
10) ADJOURN
There being no further business, the meeting was adjourned at 10:15 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk
31 Minutes of the Special Joint Meeting of the Oakley City Council and Oakley Planning Commission held
May 21, 2024
1) CALL TO ORDER AND ROLL CALL
Vice Mayor Shaw called the meeting to order at 4:00 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Oakley City Councilmembers Hugh Henderson, Dr. George Fuller and Aaron Meadows were also present along with Planning Commissioner Chair Oleksii Chuiko, Vice Chair Diego Verduzco, and Commissioners Jeanne Krieg and Jimmy Ramirez. Vice Mayor Shaw announced that Mayor Williams and Commissioner Price were absent. 2) PLEDGE OF ALLEGIANCE TO THE FLAG
Vice Mayor Shaw led the Pledge of Allegiance to the Flag. 3) PUBLIC COMMENTS
None.
4) WORK SESSION
4.1 Adopt a Resolution Finding that the Proposed 2024-2029 Capital Improvement Program (CIP) is consistent with the General Plan of the City of Oakley as required by sections 65401 and 65402 of the Government Code. (Kevin Rohani, P.E., Public Works Director/City Engineer)
Public Works Director/City Engineer Kevin Rohani presented the staff report and PowerPoint presentation.
Public comments
Donna Baker, first Vice President of the Oakley Seniors, thanked Mr. Rohani for the proposed projects as they are all much needed. She shared that her daughter lives in Summer Lake and has been through 2 evacuations due to fires, one of which she was able to drive out and another which she was not and was in her car for over 2 hours.
She mentioned over a year ago, she stood before the Council to request help for the Senior Center to keep it open provide ongoing support, not just for seniors but also for 32 everyone who comes to its door for assistance and food which is provided by nonprofits that they allow to use the building, i.e., Veterans, 4-H, Meals on Wheels, and CCC Café. She mentioned years ago they were informed the building would be demolished and they were excited when they found out that the site would be shared with the new Library and it was a disappointment to see no space dedicated specifically for the Senior Center in the architect plans, but rather 980 sq. ft.+ 1420 sq. ft. of two flex community rooms allocated when space is available. She expressed that the Senior Center needs to expand, not contract, to be larger than the current 4,000+ sq. ft. space because they would like to expand. She mentioned like other senior centers, they would like a commercial kitchen, an area for CCC Café to provide lunches 5 days a week, a common area, a place for Tri-Delta parking, senior parking, an office, a reception area, a storeroom, and offices for Oakley Veterans and Meals on Wheels. She mentioned they would like a partnership with the City as one of the only few senior clubs remaining in California and to her knowledge, the only group providing services, classes, and enrichment for seniors in Oakley. She inquired why the Senior Center is not included in the City’s plan and the architectural plans. She mentioned she believes the Library is needed, she will continue to try and work on funding, and she would like to see the Oakley Senior Center as part of the plan. She introduced others present with her: Allen Perry (President) Richard (member), and Mike Castro (Board Member).
Mike Castro commented that the proposed Library/Community Center has no mention for the Oakley seniors; they are being pushed to the curb. He mentioned to have to park across the street at the train station is an accident eventually to happen with seniors using canes, walkers, etc. He mentioned there should be a place with enough parking and space for the Oakley Seniors to have their functions and not bother the Library/Community Center. He asked if the Recreation Center is a community center.
He mentioned this is ludicrous.
Vice Mayor Shaw opened the discussion for questions and comments from the Council and Commission.
Commissioner Ramirez referred to the presentation slide addressing CIPs 247, 302, and 310. He mentioned he appreciates the comment regarding hazard mitigation and the City’s foresight to expand this entryway. He mentioned it meets the complete streets requirements, but he is thinking about bike and pedestrian safety. He inquired if they would be allowed to switch the design to tree, sidewalk, bike, tree to protect bicyclists.
He shared that he is thinking of the future 55-acre park and Oakley as a future walkable and bikeable place and would like to know if it is something they can consider.
Mr. Rohani responded that he will take a look. He explained it is more involved than making a simple switch. He shared that the section of Laurel Road from Empire to O'Hara that was improved about 3 years ago, has bike lanes that create a 2 ft. buffer zone with the travel lane; it is the same thing they plan to do on E. Cypress Road. He mentioned that with the prior standard, the bike lane would be next to the traffic lane; however, bicyclists may not have been comfortable bicycling next to high-speed traffic.
He shared that Phase 1 of the project is going to be under construction, and Phases 2 and 3 are under design so this would have to be studied. He indicated he will look at 33 those changes, all projects must meet the streets safe program, and he will let him know later, but at this time, this is the design they are pursuing.
Chair Chuiko inquired about the timeline of the Laurel Road Extension Project.
Mr. Rohani responded that his goal is to finalize the right-of-way acquisitions this year and then focus on funding; this is a $40 million project so they are looking for grant fund opportunities and that will determine the schedule. He mentioned that the final design/project design could take a year, permits from the County and railroad could take a year, and if the City had money in bank which it doesn’t, it could probably start construction in 3 years.
Chair Chuiko inquired if there are any smaller projects that Mr. Rohani would like to share.
Mr. Rohani mentioned the smaller projects are included in the packet. He mentioned the focus for the next 2 years is E. Cypress and Laurel Road. He added that a smaller project they do every year is the Curb, Gutter, Sidewalk Replacement program, a $100- $150k project. He explained that throughout the community, developed trees may uproot sidewalks and the California Vehicle Code holds the property owner responsible.
He mentioned several years ago, they worked with the Council to develop a 50/50 cost sharing program where staff bundles many of the sites of repair and bids collectively according to the economies of scale for the work which is a good deal for the property owner because they are billed at half of the cost; it is a 50/50 program but in reality, it is close to 70/30 (City/owner) because the City does all the leg work and the property owner receives an invoice. He mentioned there is also money set aside for traffic calming. He mentioned smaller projects may take 6 months or so and major projects can take years.
Chair Chuiko thanked Mr. Rohani for always making it a priority to keep the community safe and for thinking of property owners.
Mr. Rohani mentioned that with streets and parks they focus and allocate resources the best way possible with the Strategic Goals the Council has set across the board; the City’s needs are huge.
Commissioner Ramirez mentioned he was a little bummed not to see art projects in the CIP Plan. He inquired if in considering the Planning Commission’s vote and the future of Oakley, if Mr. Rohani could share his favorite art project in Oakley, his vision for public art, and any barriers getting in the way of public art.
Mr. Rohani shared that the bird sculpture in the median of 2nd and Main Streets in the Downtown is his favorite. He mentioned the new project at the intersection of Main Street and O’Hara Avenue will have a Plaza monument installed by next month; it is a large granite rock with the history of Oakley etched in stone. He mentioned funding for public art, and a program to integrate public art, whether it be the City, citizens, or developer, starts at a policy level and must be part of a program, not done haphazardly.
He mentioned they can go through various officials and boards for policy, and public34 private partnership if developers will be involved, which has provided community benefit in other communities.
Vice Mayor Shaw mentioned the Library will have a donor wall of which they would try to engage a local artist so she believes they do it when they can.
As a point of order, Dr. Fuller inquired if the Council and Planning Commission will ask questions then provide comments.
Vice Mayor Shaw mentioned it is a work session which allows questions and comments of the City Council and Planning Commission.
Dr. Fuller mentioned the agenda segments them. He requested clarification.
Assistant City Attorney Elizabeth Fratarcangeli responded that there is no need to have it formally segmented, it is less formal, and the floor is open to the Planning Commission and City Council to ask questions.
Dr. Fuller mentioned Project 273 from Laurel to Sellers will benefit E. Cypress residents.
He mentioned when they build it, it will split the community from Laurel to Main and the community back into Sellers; the extension will split the community and add noise and pollution to those communities bordering it the way he sees it.
Mr. Rohani mentioned from Sellers Avenue driving toward Pecan and Laurel at the railroad track, there is a development project/subdivision being built right now of which they have dedicated right-of-way for this roadway so there will be changes; that is the nature of life. He mentioned that area has been a sleepy agricultural community and with development, that is slowly changing. He mentioned any project will have full environmental reviews and anything deemed unnecessary will be mitigated. He also mentioned that this project provides a secondary route from E. Cypress Road to Laurel Road to HWY 4.
Dr. Fuller commented that Cinquini Park will cost $5-6 million which Mr. Rohani confirmed is correct.
Regarding Project 314 ADA, Dr. Fuller mentioned it has been 34 years and they are still putting in $50k to rectify $100 million in ADA deficiencies. He mentioned some people do not see him as whole as he uses a cane and service dog.
Mr. Rohani confirmed the amount is correct. He explained that years ago, the City adopted an ADA Improvement Plan that evaluated where improvements are needed throughout the City and there is missing compliance. He mentioned $100 million in improvements is needed and every year, ADA improvements are allocated $50k, a drop in the bucket compared to the $100 million needed, but the City tries to spread funding across the board. He mentioned there are ADA improvements happening outside of this such as facilities’ compliance and adding or enhancing wheelchair ramps at intersections by upgrading to current standards. He agreed with Dr. Fuller it is not close to $100 million, but the City has to look at all priorities. 35 Dr. Fuller commented that he is pondering how to rectify this and suggested that in the CIP, the City commit to $5 million for ADA improvements, and any CIP approved will have to be taken in total to that, and any projects not helping the City to meet the total, the City will set those aside until they honor the civil rights of the disabled, adhere to the ADA, and properly fund it. He inquired if they can realign the CIP so the City is committed to spend $5-$10 million in ADA adjustments, and projects would not be approved unless they meet it.
City Manager Joshua McMurray commented that the focus on the CIP in general is to allocate $50k toward ADA, but every project (roadway, facility or park) has ADA compliance and money being spent, so it is not just $50k; it is every single project within the CIP.
Dr. Fuller mentioned they can then ascertain how much of each project is going toward the ADA total. He added that he can’t see building a project without some understanding whatever part of it is payment is going toward the $100 million.
Mr. McMurray mentioned it is the decision of the City Council how to allocate funds; this is what is proposed for the budget to come back on June 11, and if there needs to be a discussion on certain projects and how to prioritize those, now is the time to make those changes before it is brought back.
Dr. Fuller commented that he didn’t see Creekside Park or the Bethel Island expansion.
He inquired if anything will happen with those.
Mr. McMurray mentioned that staff hasn’t been given direction by at least 3 Councilmembers to do any improvements at Creekside Park. He mentioned DeNova Homes will construct Bethel Island Road from the intersection to the northern boundary of their project in an interim phase, and staff is working in concert with DeNova and TI Capital for the ultimate improvement when the full perimeter levee is constructed because it will change the look of the road.
Dr. Fuller inquired about the southern portion out to Delta Road. He mentioned it is his understanding that the City is buying the property so it can be expanded but he doesn’t remember the developer being on the hook for the extension from the City limit to Delta Road.
Mr. McMurray responded that it is a mitigation requirement within the Specific Plan for the developer building in that Plan area, and the City Council authorized EIR work to look at that roadway, extension, and connection to Delta to see if there is an alternative path to take because there is right of way acquisition and there are many complexities to that project so staff is trying to analyze it to determine if it is the best project or if there is an alternative to consider that is equally beneficial to the community but less complex.
Dr. Fuller commented on pages 820-824 regarding disadvantaged communities. He mentioned east of Main uses the Census and it’s not shown as a disadvantaged community because it takes the new building in the northern area that brings up the 36 socio-economic value and housing, but these are still socio-economic deprived areas.
He mentioned he has difficulty in going by the Census because it doesn’t acknowledge it. He added that there is a little stretch of Malicoat but if you go further south, it is disadvantaged. He suggested that there be accurate information with the General Plan by looking at the neighborhood.
Dr. Fuller commented that there is nothing east of Main or south of Cypress, and the streets in his neighborhood have a new blacktop which he and his neighbors appreciate.
Vice Mayor Shaw asked Dr. Fuller if he had other discussion items.
Dr. Fuller mentioned Project 268-269 is unfunded and he is not sure that Project 313 traffic calming could not go in there.
Mr. Rohani mentioned that Projects 268/269 involve Main Street and Brownstone and Delta. He explained that the City doesn’t have the right-of-way to address the needs of the intersections; they need left and right turn lanes, and the intersection needs to be widened. He shared that since Caltrans owned it years ago, it has never had any additional right-of-way on Main Street and conceptual studies show alignment needs so many sq. ft.; they have a conceptual design and need to take those and engage with respective property owners as they are doing on Laurel Road from Teton to Sellers. He mentioned the discussion needs to be had before they can say it costs an amount. He explained that $30-$50k in traffic calming is not going to do anything for those intersections; speed humps a few years ago were $5k each, now in 2024, they are twice as much; the intersection will cost hundreds of thousands. He mentioned they have not ignored it and have projects at various stages of process, each project has its own schedule and phase, and needs reprioritize funding for E. Cypress; some work with amicable solution, others say condemn, but it all takes time and to allocate proper resources.
Dr. Fuller commented that he hopes Mr. Rohani will not tell him to be patient.
Mr. Rohani responded no, it is a work in progress and takes time, not due to lack of effort or that they don’t care; these are complex and detailed projects that require collaboration with other parties. He shared that CIP 310 E. Cypress is the most complex project he has worked on in his career because it involves crossing over, under, and operational traffic; if the project was easy, it would’ve been done long ago.
Dr. Fuller commented that he supports the Laurel Extension as it will go through the community, he has and does support it, it is needed, and new people will get some benefit, but it will create more noise and air pollution. He mentioned he doesn't want to say look what we did for the people east of Main around Laurel because it is mainly benefiting E. Cypress; residents will get some benefit, but as it continues, it will get some lessened benefits.
Mr. Rohani mentioned there will be a full environmental review and any issues of noise and traffic will be mitigated like on all projects.
37 Dr. Fuller commented that he is not faulting the City for it as he supports it but don’t say they are doing lots for the area east of Main because they built the Laurel to Sellers extension.
Mr. Rohani responded that he doesn’t think he said it that way, but okay.
Dr. Fuller commented that the Library is embarrassing; if seniors have to park across the street to get to the Library, it doesn’t seem to meet ADA requirements and they will stumble to get across and back as it is a distance from the parking lot. He mentioned that the Friends of the Oakley Library attempted to get the Library, and people on the City Council tried to convince voters to get a tax on the ballot, and while the City is footing a big bill on development of other projects; i.e., parking lot, train center, Recreation Center and Community Park, it is sending the Friends to fundraise. He mentioned that the Library doesn’t have ample space for Veterans and seniors which is an embarrassment and his biggest fear with the next election is that the people do not want new taxes; the eastern part of the City is paying enough taxes, and he is worried the City is getting it ready and it will go out to vote again and then will say they tried their best but now have to put a bond up. He mentioned they never had the project adequately funded.
Mr. McMurray commented that $7.5 million is allocated with the upcoming budget, there is a lot of leg work happening, there has been discussion with the Oakley Seniors many times and they have been well aware of it and the comments provided this evening don’t characterize their discussions completely. Regarding parking, he mentioned that across the street parking will happen in instances as the demand for the Library increases and they are trying to plan for community spaces. Regarding the Library/Community Center, they are not calling it a space for any specific group; if they do that, it closes off potential funding sources. He mentioned it is premature to talk about what services will be in the building until they know how much money they will have and that then, they will dig in and define space. He mentioned they have been open with the seniors, when it happens, he sees the City taking over senior center programming. He added that they are not ignoring the seniors, it is a shift in how things are done, and he believes the Library will be constructed, he just doesn’t know how big it will be or how big the community center space will be.
Dr. Fuller commented that they need to overcome the history and having to fundraise is still a tax; it is a tax on their time, effort, household income for what they donate, and it is a tax on others who will pay a disproportionate share to have a Library; they need to rally behind the Library and get it going. He added that if it were built where it should have been, the Downtown would be bustling; he is not so sure that the train center is going to make the Downtown bustling.
Dr. Fuller provided examples of challenges people with disabilities face every day, including Stephen Hawkins, himself, and the 8-year-old girl who crawled with others on the Capitol steps, because the Capitol did not have elevators, to get the ADA signed into law. He mentioned that he gets disappointed when it is set aside because if someone is disabled, they go through it on daily basis, i.e., microaggressions, jokes, 38 we'll get around to it, etc. He mentioned they are worth it, he is a whole person and functions quite well, and he requests accommodations to be upheld. He mentioned the Council has never had a chance to say no to improvements at Creekside Park because it hasn’t come to the dais; there was nothing east of Main and south of E. Cypress last year except resurfacing and this year nothing except the Laurel Road widening that will benefit the community. He mentioned they are ignoring the southeast part of town, there are needs to get done and they are taking things away. He commented that the City has a 30% reserve set by the Council but are only required to have 20%; he doesn’t see anything wrong to dip into reserves and build 2 signals and couple of other projects.
Mr. Rohani commented that the Library/Community Center is in infancy stages and the parking lot behind it will have ADA spaces. He responded to Dr. Fuller’s comments regarding the lack of improvements east of Main Street. He mentioned the resurfacing project was last year. He also mentioned that there have been other projects in the past 5 years: Laurel from Main to Creekside got an overlay, the subdivision west of Creekside Way was resurfaced, traffic calming measures have been put in in that neighborhood, Creekside Park will have an item later in the summer that staff will bring to the Council, and Creekside Park has the best BBQ stand near the reserved shade structures. He shared that staff does not look at socio economic data on any projects in town, they look at the totality of streets, minor or major resurfacing, and allocate funding accordingly. He mentioned the year prior that they resurfaced Summer Lake. He added that none are because they are not paying attention to it, they look at the impact to the community and deploy resources of staff and funding, what brings the best value and fulfills needs. He mentioned the right-of-way acquisition on E. Cypress takes a lot of time and they have had to reposition staffing to focus on that as the project as it involves CCWD, utilities, and lots of complexity, but all projects get attention.
Dr. Fuller commented that he knows Mr. Rohani applies himself as shown with the playground in Civic Center Park; it is in constant use and a great addition, and he understands funding. He requested the park remain untouched with the proposed Library/Community Center.
Councilmember Meadows commented that he is okay with everything and understands priorities. He mentioned he believes Vice Mayor Shaw and Councilmember Henderson agrees with these priorities. He mentioned if they are speaking district-specific, District 1 only has CIP 274 with zero budget, but he understands the priorities across the city. He shared that E. Cypress Road has been the priority of the Council since day one; they are putting a huge effort and a huge amount of money into improving E. Cypress and the Laurel Road extension also benefits everyone out there.
Vice Mayor Shaw mentioned that if there are no further comments, the Planning Commission can take a vote on the resolution.
Chair Chuiko inquired if the resolution approving the CIP Program is in accordance and not in conflict with the General Plan.
Vice Mayor Shaw read the agenda item.
39 Chair Chuiko inquired if there is any opportunity to discuss additional projects.
Vice Mayor Shaw mentioned this is it.
Commissioner Ramirez mentioned he appreciated Dr. Fuller’s comments and public comments. He mentioned with all this change, it is not smooth to say change is constant; this is a place for families and part of our families are seniors. He mentioned 304/314 and he is shocked at the ADA limit of $50k, but he has full confidence in our City in building ADA and seniors places so he is in favor of moving to approve. He added that he loves the Civic Center Park, but the brown wall can use color and asked all to consider more opportunity for public art as it can provide an inclusive place for all where they can create and imagine beautiful democracy.
It was moved by Commissioner Ramirez and seconded by Commissioner Krieg to adopt the resolution. AYES: Chuiko, Krieg, Ramirez, Verduzco. ABSENT: Price. (4-0) Vice Mayor Shaw mentioned she requested the joint meeting and thanked the Councilmembers and Commissioners for their time in attending and for their collaboration.
5) ADJOURN
There being no further business, the meeting was adjourned at 5:34 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk
40 MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Date: May 30, 2024
To: Mayor and City Councilmembers
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 11, 2024 Background and Analysis
The City Council considered the following closed session items during its regular meeting held May 28, 2024:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Williams, Vice Mayor Shaw, City Attorney Cole
Unrepresented employee: City Manager
CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Direction was provided to staff on both items. There was no reportable action.
Fiscal Impact
None.
Recommendation
Receive and file this report.
Attachments
None.
41 STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Adopt a Resolution recognizing the 150-Year Anniversary of the Town of Byron, California
Background and Analysis
This year the Town of Byron, California celebrates its 150-Year Anniversary. The City of Oakley would like to commemorate Byron’s rich history and contributions to the county by issuing the attached Resolution.
Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with the Community and Collaborative Partnerships Goal.
Fiscal Impact
None
Staff Recommendation
The City Council may adopt the Resolution recognizing the 150-Year Anniversary of the Town of Byron, California.
Attachments
1. Resolution
Approved and
Forwarded to the
City Council
42 Resolution No. XX-24 Page 1 of 2
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY RECOGNIZING THE 150-YEAR ANNIVERSARY OF THE TOWN OF BYRON, CALIFORNIA WHEREAS, in 2024, The Town of Byron is celebrating 150 years of rich history, close knit community, and its significant contribution to East Contra Costa County and the region; and
WHEREAS, hundreds of years ago, Yokut Native Americans inhabited the region near what is now Vasco Road. They lived off the land which provided acorns, nuts, and seeds as well as salmon, antelope, and deer; and
WHEREAS, in 1772 Spanish excursions explored Mount Diablo and the surrounding area. By 1835 the region was deeded to Don Jose Noriega who then sold 17,000 acres, at about three cents an acre, to John Marsh the following year. In 1841, immigrants of the Bidwell-Bartleson wagon train began to settle in the area that would become the Town of Byron, raising cattle on the abundance of wild oats, clover and alfalfa; and
WHEREAS, Point of Timber was an important shipping point and played a large part in the history of Byron. It held the area’s first post office, school, church, general store, and stage stop. Timber Point Landing provided local wheat growers a place to ship their products on barges and schooners bound for Carquinez or Port Costa and then onto larger vessels headed around the world; and
WHEREAS, the Town of Byron was founded in 1878 when the railroad built a line connecting Contra Costa County to the San Joaquin Valley, establishing transcontinental service. Byron’s first building was constructed by a cobbler named Smith, and it’s first home was built by Fred Wilkening, who became the first postmaster in the town. The railroad paved the way for people of many nationalities and cultures to come to the Town of Byron and establish a hotel, saloon and railroad depot; and WHEREAS, the Byron Hot Springs drew international attention for its healing waters and luxurious resort in the early part of the 20th century. During WWII, the Byron Hot Springs Resort was purchased by the U.S. government and was used as an interrogation center; and
WHEREAS, over the decades, Byron has evolved, but remained steadfast in its commitment to preserving its agricultural roots while embracing economic development opportunities. Notably, the Byron Airport has become a hub for innovation, welcoming emerging technologies like drones that contribute to both local economic growth and regional advancements; and
43 Resolution No. XX-24 Page 2 of 2
WHEREAS, the Town of Byron looks toward the future with optimism, striving to uphold its agricultural core and small knit community at heart while embracing the transformative potential of modernization and technological innovation.
PASSED AND ADOPTED by the City Council of the City of Oakley this 11th day of June 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
__________________
Anissa Williams, Mayor
ATTEST:
_______________________ _____
Libby Vreonis, City Clerk Date
44 Ordinance No. 8-24 Page 1 of
2 ORDINANCE NO. 8-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING SECTION 9.1.1230(d) TO THE OAKLEY MUNICIPAL CODE TO ADDRESS
OUTDOOR AND INDOOR MARIJUANA CULTIVATION EXCEEDING SIX PLANTS
AS SEPARATE OFFENSE
WHEREAS, Oakley Municipal Code Section 9.1.1230 addresses cultivation of marijuana to prohibit outdoor cultivation of marijuana in accordance with State law and permits indoor cultivation of no more than six plants when cultivation strictly conforms to specific State requirements and regulations; and
WHEREAS, the proposed ordinance will clarify that each and every marijuana plant cultivated outdoors, or indoors in excess of six plants allowed by State law, is a separate offense and subject to a separate administrative citation under Oakley Municipal Code Sections 1.5.002(e) and 4.41.108(b).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.
Oakley Municipal Code Section 9.1.1230(d) is hereby added as follows:
9.1.1230(d). Each and every marijuana plant cultivated outdoor, or in excess of the number of indoor plants allowed under this section, shall be a separate offense, and each such plant subject to a separate administrative citation fine under Oakley Municipal Code Sections 1.5.002(e) and 4.41.108(b). Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
SECTION 4. CEQA FINDING.
The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because the instant ordinance involves continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance 45 Ordinance No. 8-24 Page 2 of
2 irrespective of the validity of any other provision.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after adoption.
SECTION 7. PUBLICATION.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.
PASSED AND ADOPTED by the City Council of the City of Oakley this 11TH day of June, 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
Anissa Williams, Mayor
ATTEST:
___________________ ____________________
Libby Vreonis, City Clerk Date
46 Ordinance No. 9-24 Page 1 of
2 ORDINANCE NO. 9-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING SECTION 4.41.120 TO THE OAKLEY MUNICIPAL CODE TO INCLUDE
ADMINISTRATIVE HEARING REQUIREMENTS RELATED TO UNLICENSED
COMMERCIAL CANNABIS ACTIVITY
WHEREAS, the Oakley City Council adopted Ordinance 5-24 regarding administrative fines for unlicensed commercial cannabis activity and declared it a public nuisance on March 12, 2024; and
WHEREAS, the ordinance allows for administrative fines for unlicensed commercial cannabis activity not to exceed $1,000 per violation or $10,000 per day; and WHEREAS, California Government Code Section 53069.4(a)(2)(E)(i, ii, iii) provides that if such an ordinance is adopted that it provide for a reasonable period of time for the correction or remedy of the violation prior to the administrative fines that are imposed after notice and a reasonable time to correct only when the property owner can substantiate all requirements as set forth by this statute; and WHEREAS, incorporating the requirements of California Government Code Section 53069.4(a)(2)(E)(i, ii, iii) complies with provisions of state law, provides due process, and clarifies such process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.
Oakley Municipal Code Section 4.41.120 is hereby added as follows:
4.41.120 Administrative Hearing Requirements.
Any property owner that can substantiate before an administrative hearing officer that all of the following are true shall be provided a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties:
a. A tenant is in possession of the property that is the subject of the administrative action.
b. The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.
c. The rental property owner or agent did not know the tenant was engaging in unlawful commercial cannabis activity and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlawful commercial cannabis activity.
47 Ordinance No. 9-24 Page 2 of
2 SECTION 4. CEQA FINDING.
The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because the instant ordinance involves continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after adoption.
SECTION 7. PUBLICATION.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.
PASSED AND ADOPTED by the City Council of the City of Oakley this 11th day of June 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
Anissa Williams, Mayor
ATTEST:
____________________________ ____________________
Libby Vreonis, City Clerk Date
48 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Adopt a Resolution Ordering Specifications of the Election Order Regarding the November 5, 2024 City of Oakley General
Municipal Election for Districts 1, 3 and 5
Background and Analysis
Attached for City Council consideration is a resolution that has been prepared to initiate the process for conducting the City’s General Municipal Election on November 5, 2024 for Districts 1, 3 and 5.
The resolution calls the election for three City Council seats; requests the Contra Costa County Board of Supervisors to permit consolidation with other elections on November 5, 2024; requests the Contra Costa County Registrar of Voters to conduct the election and authorizes the City to reimburse the County for all election services rendered.
The County Registrar of Voters’ office will conduct services related to the election such as preparing, translating in Spanish and Chinese, printing and mailing sample ballots and voter information pamphlets, providing absentee voter ballots for use by qualified electors, appointing precinct boards and designating polling places, conducting and canvassing the returns of the election, and certifying the votes.
In adopting this resolution, the City Council also:
1. Establishes a 250-word limit for Candidate’s Statement of Qualifications
Staff recommends the City Council continue to allow 250 words for a candidate’s statement for the 2024 General Municipal Election. If the City Council allows more than 250 words, the price will double; therefore, staff recommends that a candidate’s statement not exceed 250 words. A candidate’s statements is optional to file in an election, not mandatory.
2. Establishes an amount for the deposit payable by the candidate upon filing a Candidate’s Statement of Qualifications
The following cost, due at the time of filing, has been calculated by the County Elections Department for a 250-word candidate’s statement:
Approved and
Forwarded to the
City Council
49 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us District 1 $262.00
District 3 $264.00
District 5 $249.00
3. Establishes a $25.00 filing fee for all candidates to help offset the City’s administrative costs, due at the time of filing.
Elections Code Section 10228 provides that a candidate filing fee may be collected, not to exceed $25, to offset the City’s administrative costs associated with processing a candidate’s nomination papers or supplemental nomination papers.
4. Directs the City Clerk to publish a Notice of Election in the newspaper A Notice of Election will be published in the East Bay Times. The Notice of Election provides the date of the election, the seats available for the election, the terms of the seats, the eligible districts, nominee requirements, when and where nomination papers can be obtained, the word count for candidate statements, and provides that the City Clerk will submit a certificate of facts to the Council should no one or only one nominee file for eligible districts.
5. Includes action the City Council would take in the event of a tie vote Elections Code 15651 provides two options to resolve a tie vote: (1) to draw lots or (2) to hold a special runoff election. Staff recommends the option of drawing lots, which is the policy the City Council has adopted for previous General Municipal Elections. Holding a special runoff/stand-alone election can be very costly as the jurisdiction must bear the entire cost of the election and there are no costs to share with other jurisdictions like in a Primary or General Election. The current estimate would be $9.00-$13.00 per registered voter.
6. Directs the City Clerk to forward a certified copy of the Resolution to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.
7. Confirms the nomination period, provides hours of operation for filing and confirms there will no extension of the nomination period for this election.
The filing period for this election is Monday, July 15, 2024 through Friday, August 9, 2024. The filing period will not be extended for this election. Nomination papers may be obtained and filed during regular business hours during days City Hall is 50 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us open. Anyone wanting to pull or file papers during the filing period should make an appointment with the City Clerk or Election Officials during regular business hours, Monday through Thursday 8:00 a.m. - 6:00 p.m. and Friday 8:00 a.m. - 5:00 p.m., with the exceptions of Friday, July 19, 2024 and Friday, August 2, 2024, which are a City Hall closure days. If lobby doors are locked on business days, candidates are encouraged to contact staff at phone #s provided for entry into the building.
8. Confirms the polls will be open 7 a.m. until 8 p.m. on the day of the election.
9. Confirms the City’s boundary has not changed, but (5) five districts have been established within.
10. Confirms the City has not established campaign contribution limits, but rather follows state law. Currently, the limit is $5,500, effective through December 31, 2024. AB 571 established that beginning January 1, 2021, the state limit would apply as the default if a city had not adopted campaign contribution limits. The matter was heard before the City Council on October 27, 2020. The City Council decided to take no action to adopt campaign contribution limits to allow the state default limit to apply.
Consistency with the Oakley Strategic Plan 27+
This election is consistent with the Oakley Strategic Plan 27+ Sustainable Organization Goal. The elected will become part of the City Council that collectively partners and delivers on Oakley’s co-created Strategic Plan 27+.
Fiscal Impact
County Elections confirmed that the City of Oakley has 27,306 registered voters as of February 2024 and the estimated cost of the election is $2.50-$4.00 per registered voter. At the date of this staff report, the number of registered voters in Districts 1, 3 and 5 was not available. The final cost will be determined by County Elections following the election and varies depending upon the number of agencies that consolidate and share in the election costs. $27,000 has been included in the proposed Fiscal Year 2024-2025 Budget for the cost of conducting the election.
51 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Staff Recommendation
Staff recommends the City Council adopt the proposed resolution.
Attachments
1. Proposed Resolution
52 Resolution No. XX-24 Page 1 of 4
BEFORE THE COUNCIL OF THE
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ORDERING SPECIFICATIONS OF THE ELECTION ORDER REGARDING THE NOVEMBER 5, 2024 CITY OF OAKLEY GENERAL MUNICIPAL ELECTION FOR DISTRICTS 1, 3 AND 5 WHEREAS, the current term for three Council Members, elected at-large, will expire in 2024, when the results of the November 5, 2024 General Municipal Election are certified by the City Council of the City of Oakley in December 2024; and WHEREAS, on December 14, 2021, the City Council of the City of Oakley adopted Ordinance No. 10-21 to transition from at-large elections to district-based elections, set the sequencing of district elections, and declared that elections in Districts 1, 3 and 5 will commence in the General Municipal Election of 2024; and
WHEREAS, on December 14, 2021, the City Council of the City of Oakley, by Resolution No. 152-21, adopted a map to reflect the districts by which Council Members shall be elected as required by Section 2.7.003(b) of the Oakley Municipal Code and such map, along with a metes and bounds description, were provided to the Contra Costa County Elections Division; and
WHEREAS, the City Council of the City of Oakley has ordered a regular General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of one (1) Council Member from District 1, one (1) Council Member from District 3, and one (1) Council Member from District 5, each for a term of four years, in accordance with the aforementioned City of Oakley City Council Ordinance No. 10-21 adopted December 14, 2021; and
WHEREAS, the City Council desires to have the Contra Costa County Registrar of Voters to render certain services in connection with the election; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10002; and
WHEREAS, Elections Code Section 10002 provides that the City may, by resolution, request the Board of Supervisors to permit the County Elections Official to render specified services to the City related to the conduct of an election and requires that the City reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 provides that before the nominating period opens, the governing body must determine whether a charge shall be levied against each 53 Resolution No. XX-24 Page 2 of 4
candidate submitting a candidate’s statement to be sent to the voters; and may establish the cost; and determine whether the cost be paid in advance; and WHEREAS, Elections Code 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.
NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications:
1. The election shall be held on Tuesday, the 5th day of November 2024. The purpose of the election is to fill the following offices:
Council Member District 1 Term of Four Years
Council Member District 3 Term of Four Years
Council Member District 5 Term of Four Years
2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code Section 10002.
3. The City will reimburse the County of Contra Costa in full for the actual cost incurred in conducting the election and related services performed upon receipt of a bill by the City from the County Elections Official stating the amount due as determined by the Elections Official.
4. The Candidate’s Statement of Qualifications (hereinafter referred to as “Candidate’s Statement”) is optional to file. The Candidate’s Statement will be limited to 250 words because a Candidate’s Statement past 250 words would double in price. As a condition of having the Candidate’s Statement published, the candidate shall pay the cost at the time of filing. The fee for a Candidate’s Statement is $262.00 for District 1, $264.00 for District 3, and $249.00 for District
5. The Candidate’s Statement shall comply with the applicable State law and any requirements of the Contra Costa County Elections Department.
5. Each candidate will pay a $25.00 filing fee to the City of Oakley at the time of filing.
The filing fee is to offset the City’s administrative costs associated with processing a candidate’s nomination papers or a candidate’s supplemental nomination papers as permitted under Elections Code Section 10228.
54 Resolution No. XX-24 Page 3 of 4
6. In accordance with Elections Code Section 12101, the City Clerk is to publish the Notice of Election in the East Bay Times, a newspaper of general circulation that is published daily in the City.
7. The City Council has determined that the action to be taken in the event of a tie vote is as follows: In accordance with Elections Code Section 15651(a), a tie vote shall be determined by drawing lots.
8. The City Council directs the City Clerk to forward a certified copy of this Resolution to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.
9. Pursuant to certain provisions of the California Elections Code, the Board of Supervisors is hereby authorized and directed by the City Council of the City of Oakley to canvass the returns of the election and to direct the Contra Costa County Registrar to conduct all necessary services related to the Oakley General Municipal Election in accordance with the provisions in this resolution and applicable state law.
10.During the Nomination Period, July 15, 2024 through August 9, 2024, prospective candidates can pull and file required nomination papers with the City Clerk or City of Oakley Elections Officials at 3231 Main Street, Oakley, California 94561 during regular business hours: Monday through Thursday (8:00 a.m.-6:00 p.m.) and Friday (8:00 a.m.-5:00 p.m.) except on Friday, July 19, 2024 and Friday, August 2, 2024, which are City Hall closure days. If lobby doors are locked during the business day, candidates should call (925) 625-7000, (925) 625-7013, or (925) 625-7048 for entry into the building. Appointments are highly recommended. There is no extension of the nomination period for this election.
11.Polls for the election will be open 7:00 a.m. of the day of the election and will remain open continuously from that time until 8:00 p.m. of the same day when the polls will be closed, except as provided in Elections Code Section 14401.
12.The boundary of the City of Oakley has not changed; however (5) five districts were established within the City of Oakley boundary through Resolution No. 152- 21, adopted by the Oakley City Council on December 14, 2021. The Shapefile district map was initially provided to the County Elections Department on January 27, 2022, and the metes and bounds description was provided to the County Elections Department on February 3, 2022. The County Elections Department requested to confirm City of Oakley boundary lines for the November 5, 2024 Election and a PDF and Shapefile of the City of Oakley’s boundary lines were provided to the County Elections Department on June 4, 2024.
13.Campaign contribution limits for candidates in this election shall follow limits set forth by State law.
55 Resolution No. XX-24 Page 4 of 4
14.In all particulars not recited in this Resolution, said election shall be held and conducted as provided for by law for the holding of municipal elections in the City of Oakley.
THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Councilmember _____________ seconded by Councilmember ___________________, at the regular meeting of the Oakley City Council of the City of Oakley, California on this 11th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
____________________
Anissa Williams, Mayor
ATTEST:
____________________ ____________
Libby Vreonis, City Clerk Date
56 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Resolution Designating Elections Officials to Assist the City Clerk in the November 5, 2024 General Municipal Election Background and Analysis
During the meeting this evening, as a separate agenda item, it has been recommended to the City Council to call the General Municipal Election in Oakley for November 5, 2024. If the City Council approves the resolution to call the election, adequate personnel will need to be available to process nomination papers for such election.
In order to ensure that the City has adequate personnel available to perform this function, staff recommends that the City Council approve designation of additional persons to process nomination papers in the event of the City Clerk’s absence.
Elections Code 320(a) provides that an elections official is “a clerk or any person who is charged with the duty of conducting an election”.
Kim Snodgrass is the Deputy City Clerk and has served as an Election Official in the 2012-2022 General Municipal Elections. Diana Kerr is the Office Assistant; she has previous experience with election polls, was an Election Official for the 2022 General Municipal Election and has provided administrative assistance in the prior elections. Both employees are knowledgeable regarding the election process and qualified to assist the City Clerk with election-related duties.
Consistency with the Oakley Strategic Plan 27+
The proposed resolution relates to the Sustainable Organization Goal in the Oakley Strategic Plan 27+ in that it provides an opportunity for staff development and growth to serve the needs of the community.
Fiscal Impact
None.
Staff Recommendation
Adopt a resolution designating Kim Snodgrass and Diana Kerr as Election Officials to assist the City Clerk in the November 5, 2024 General Municipal Election.
Approved and
Forwarded to the
City Council
57 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Attachments
1. Proposed Resolution
58 Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY DESIGNATING
KIM SNODGRASS AND DIANA KERR TO SERVE AS CITY OF OAKLEY ELECTION OFFICIALS FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION WHEREAS, at the meeting of June 11, 2024, the Oakley City Council called the General Municipal Election in Oakley for November 5, 2024; and WHEREAS, Section 10227 of the California Elections Code states that all forms required for nomination and election to all municipal offices shall be furnished only by an elections official; and
WHEREAS, Section 320 of the California Elections Code includes in the definition of “elections official” as the clerk or any other person who is charged with the duty of conducting an election; and
WHEREAS, it is recommended that persons in the City Clerk’s Office other than the City Clerk be available to assist in the nomination process during the upcoming election during any absence of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that Kim Snodgrass and Diana Kerr of the City Clerk’s Office are hereby designated to serve as City of Oakley Election Officials for the November 5, 2024 General Municipal Election.
PASSED AND ADOPTED, by the City Council of the City of Oakley this 11th day of June, 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT: APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
______________________ __________________
Libby Vreonis, City Clerk Date:
59 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution accepting the work associated with Capital Improvement Project Number (CIP) 205 – Downtown Gateway Plaza and Infrastructure Improvement Project
Background and Analysis
The Downtown Oakley renovation and improvement project on Main Street from Norcross Lane to 5th Street has been one of the most complex and important projects undertaken by the City of Oakley in recent years, and a key component for the growth and development of Downtown Oakley.
The first phase of this project was completed in 2018. This construction included the construction of an all-new roadway and utility infrastructure on Main Street from Norcross Lane to 5th Street. This project included the beautiful Gateway Monument on Main Street at the 2nd Street intersection for the enjoyment of the community.
The final phase of this downtown improvement project (CIP 205) was the construction of a new Gateway Plaza on Main Street at the O’Hara Avenue intersection, construction of Journey Way and its associated utility infrastructure, and the construction of a new parking lot along Journey Way.
This infrastructure improvement project will provide a central hub and connection point for the Tri Delta Transit bus service to bring passengers that will use the upcoming Amtrak Train Platform Station. The completion of this project will greatly enhance downtown Oakley and improve its vitality and offer modern and high-quality infrastructure that will support various community activities held downtown.
The City Council on November 8, 2022, awarded a construction contract to R&R Pacific Construction Inc. for the construction of CIP 205. This project has been successfully completed and the entire construction team performed their respective tasks admirably with close coordination with the downtown merchants and property owners to ensure minimal inconveniences to the downtown community and its customers during the construction of the project.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Approved and
Forwarded to the
City Council
60 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
The construction contract with R&R Pacific Construction Inc. was successfully completed on time and under the authorized budget for $5,431,600.94.
Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting CIP Project No. 205 – Downtown Gateway Plaza and Infrastructure Improvement Project as constructed by R&R Pacific Construction Inc., to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder
Attachments
Attachment 1 - Resolution
Attachment 2 – Notice of Completion
61 Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING AS COMPLETE THE WORK PERFORMED BY R&R PACIFIC CONSTRUCTION INC. FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT (CIP) NUMBER 205 – DOWNTOWN GATEWAY PLAZA AND INFRASTRUCTURE IMPROVEMENT
PROJECT
WHEREAS, City staff, prepared plans, special provisions, and cost estimates related to CIP Project No. 205 – Downtown Gateway Plaza and Infrastructure Improvement Project; and
WHEREAS, on November 8, 2022, by adopting Resolution Number 123-22 the City Council awarded a construction contract to R&R Pacific Construction, Inc., for the construction of CIP No. 205 – Downtown Gateway Plaza and Infrastructure Improvement Project; and
WHEREAS, R&R Pacific Construction, Inc., has satisfied the contractual requirements necessary for the acceptance of CIP No. 205 to be deemed complete.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that CIP Project No. 205 – Downtown Gateway Plaza and Infrastructure Improvement Project 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 CIP No. 205 with the County Recorder.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Anissa Williams, Mayor
ATTEST:
____________________ _______________________
Libby Vreonis, City Clerk Date
62 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
Downtown Gateway Plaza and Infrastructure Improvement Project – Capital Improvement Project (CIP) Number 205
NOTICE IS HEREBY GIVEN THAT:
The CITY OF OAKLEY, a political subdivision of the State of California, did, on November 8, 2022, enter into an agreement with R&R Pacific Construction Inc., for the construction of Capital Improvement Program Project Number 205 – Downtown Gateway Plaza and Infrastructure Improvement Project.
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 the Downtown Gateway Plaza and Infrastructure Improvement Project – CIP No. 205 in downtown Oakley
On June 11, 2024, 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 11th day of June 2024 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
63 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E, Public Works Director/City Engineer SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Landscape Architectural Services with Dutchover & Associates to provide contract landscape and irrigation plan review and inspection services for the City of Oakley related to projects for Fiscal Years (FY) 2024/25 and 2025/26
Background and Analysis
As the community continues to grow with the construction of new private development and capital improvement projects (CIP), the demand for City services has increased to process projects. One of the elements of the project process has been the demand to provide detailed landscape and irrigation plan check services to ensure the landscape and irrigation improvements constructed meet standards and specifications. This review is fundamental to ensure projects are constructed at a high quality and the landscaping and irrigation will last for many years.
Dutchover & Associates is a reputable landscape architectural firm with over 20 years of experience working with various local public agencies, such as the City of Dublin, City of San Ramon, Town of Moraga, and Contra Costa County. They provide a systematic approach to landscape and irrigation plan check and are well versed on current codes and regulation compliance requirements. Dutchover & Associates has been providing landscaping and irrigation plan check services to the City of Oakley related to private development project landscape and irrigation plans since 2016, successfully and professionally.
This service has provided a clear and streamlined review process for all project landscape and irrigation improvement plan approvals and will help keep maintenance and operations of newly built landscape improvements sustainable for the future of the City.
The on-call agreement approach gives the City the flexibility to bring in resources as needed for projects in a cost effective and efficient way. Dutchover & Associates is very familiar with the City of Oakley and our landscaping operations and standards, as is reflected in their statement of qualifications. Staff recommends that Dutchover & Associates continue to provide landscape and irrigation plan check and inspection services for the City of Oakley for FY 2024/25 and 2025/26 with the possibility to extend the contract an additional two years, to June 30, 2028, if work continues to be performed satisfactorily.
Approved and
Forwarded to the
City Council
64 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US The award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 1) which provides an exception for competitive bidding on “Contracts involving the acquisition of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, and other specialized consultants” Currently, for all such contract services above the $50,000 amount, the City Council must authorize the work by simple majority per the City’s purchasing policy.
Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for community health and safety by ensuring landscape and irrigation review and inspections of various projects are maintained to preserve the quality of the public infrastructure.
Fiscal Impact
There is no fiscal impact to the City’s General Fund as a result of this on-call service, since the costs associated with the agreement will be supported by private developer deposits for time and materials expended for development projects and from approved capital project budgets for CIP projects. Contract signing will not occur until the FY 2024/2025 Budget has been adopted by the City Council.
Staff Recommendation
Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute an agreement for a not-to-exceed amount of $150,000 each for Fiscal Year 2024/25 and 2025/26 for landscape and irrigation plan review and inspection services with Dutchover & Associates with the option to extend the agreement until June 30, 2028, if work is performed satisfactorily.
Attachments
Attachment 1 – Proposal
Attachment 2 - Resolution
65 PROPOSAL/STATEMENT OF QUALIFICATIONS
On-Call Landscape Architect
City of Oakley
Public Works and Engineering Department
DUTCHOVER & ASSOCIATES
L an d sc a pe A r c h i t ec t ur e | C o n s u lt i n g 1807 Santa Rita Road | Suite H252
May 29, 2024 Pleasanton, CA 94566
Design Plan Check Management Inspection Evaluation
D UTCH OVER
66 S t a t e m e n t o f Q u a l i f i c a t i o n s
TABLE OF CONTENTS
1. Cover Letter .......................................................... Page 1
2. Statement of Qualifications ................................. Page 3
3. Personnel Qualifications ...................................... Page 9
4. Project Experience ............................................. Page 16
ATTACHMENTS
5. Scope of Services ............................................... Page 19
6. Fee Schedule ...................................................... Page 21
7. Certificates of Insurance .................................... Page 22 67 S t a t e m e n t o f Q u a l i f i c a t i o n s 1
COVER LETTER
February 29, 2024
Mr. Kevin Rohani, P.E.
Public Works Director/City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
Re: Statement of Qualifications – On-Call Landscape Architect Services Dear Mr. Rohani:
Introduction
Thank you for the opportunity for Dutchover & Associates to continue providing on-call landscape architectural services to the City of Oakley. Dutchover & Associates is committed to providing the necessary personnel and resources to provide the City of Oakley with the services expected. The following Statement of Qualifications includes our firm’s and personnel qualifications, experience, references, and proof of the required insurance coverage.
Dutchover & Associates is a landscape architectural design and consulting firm with highly qualified and certified staff. Our philosophy is to provide professional landscape architectural services with integrity and to fully utilize our knowledge, expertise, and resources to achieve an innovative approach to sustainable solutions that are efficient and cost-effective.
Over the last forty years Dutchover & Associates has a proven track record of providing on-call landscape architectural services for various public agencies and private developments. We have efficiently acquire an in-depth knowledge of applicable jurisdictional requirements, and are highly knowledgeable and proficient in ornamental horticulture, arboriculture, sustainable practices and principals, water efficiency and management, recycled water use, stormwater management, and acceptable landscape installation and maintenance practices.
Relevant Work
Landscape architectural consulting services like those sought by City of Oakley are currently provided for the City of Dublin, City of Hayward, City of Oakley, City of San Ramon, and Contra Costa County which include landscape design, plan check and field inspection for the construction and maintenance of landscape improvements. These services have also been provided for various other public agencies and private developments. 68 S t a t e m e n t o f Q u a l i f i c a t i o n s 2
Firm’s Information
Mr. Brian Dutchover, will be our key contact for landscape architecture consulting services for the City of Oakley and his contact information is:
Contact: Brian Dutchover, Principal and Senior Designer Firm: A.S. Dutchover & Associates dba Dutchover & Associates Address: 1807 Santa Rita Road, Suite H252, Pleasanton, CA 94566 Office: 925.462.5300
Cell: 925.872.4004
Email: [email protected]
Summary
Since 2016 we have enjoyed working with the City of Oakley Public Works staff and assisting them in achieving their goals and objectives on landscape projects. Looking forward, Dutchover & Associates would like to continue providing professional services to the City of Oakley and its staff for their landscape design, plan check, field inspection, arborist, and landscape management needs to assist in achieving their goals and objectives. Dutchover & Associates has unique qualifications and experience to provide on-call landscape architect services for the City of Oakley.
Thank you for considering Dutchover & Associates again for your landscape architecture consulting needs. Please feel free to contact us at 925-462—5300.
Sincerely,
Brian D. Dutchover
Principal | Senior Designer
Office: 925.462.5300
Cell: 925.872.4004
Email: [email protected]
Website: https://dutchover.com
DUTCHOVER & ASSOCIATES
L an d sc a pe A r c h i t ec t ur e | C o n s u lt i n g 1807 Santa Rita Road, Suite H252 | Pleasanton, CA 94566 www.dutchover.com
69 S t a t e m e n t o f Q u a l i f i c a t i o n s 3
STATEMENT OF QUALIFICATIONS
Dutchover & Associates (Dutchover) was founded in 1978 to provide full-service landscape architectural services and has provided these services for over the last forty years in the public and private sector. Dutchover has established and maintains a reputation for meeting high quality standards in the field of landscape architectural services. The firm’s philosophy is to provide services with integrity and to fully utilize our knowledge, expertise, and resources to achieve an innovative approach to solutions that are efficient and cost-effective. The firm reinforces these standards and philosophy with a strong commitment to providing excellent service.
Firm’s Background
Over the past forty years the landscape architectural services provided by Dutchover include landscape design, plan review, construction management, field inspection, grounds and facilities evaluation, water management, landscape management, and development of landscape installation and maintenance specifications. These services are provided for a diverse group of clients including cities, counties, public and private schools, private developments, and homeowner’s associations. Extensive knowledge of landscape principals and experience in landscape architectural services qualifies Dutchover to provide the best possible service and solutions for the City of Oakley’s distinctive needs.
Currently, Dutchover is providing similar services for City of Dublin, City of Hayward, City of San Ramon, and Contra Costa County. These services include landscape plan review, field inspection, landscape design, and landscape management services. On-call services have been provided to Dublin San Ramon Services District for plan check of landscape irrigation plans for compliance with the District standards for recycled water use and Pleasanton Unified School District for landscape design, plan check, construction management, field inspection, grounds and facilities evaluation, and development of landscape installation and maintenance specifications.
The founding principal, Albert S. Dutchover was a Park and Landscape Designer for the City of Pleasanton for 15 years. His responsibilities included all phases of park design and maintenance.
He has also served as a part-time instructor at Ohlone College in Fremont, California, teaching courses on landscape design, landscape construction, landscape maintenance, irrigation design, and park and landscape management. In 1979 Albert’s son Brian D. Dutchover joined the firm and has worked from draftsman to principal.
Firm’s Overall Capabilities
Passion for landscape design and management is not just a stated goal for Dutchover it is integral to our service. Dutchover is a landscape architectural firm with ReScape qualified professionals and Raters, certified water managers, C.3 certified staff, certified arborist, tree risk assessor, and AutoCAD certified staff. These credentials and continuing education demonstrate a passion and expertise that does not end at the design stage. The firm has efficiently acquired an in-depth interdisciplinary knowledge of applicable jurisdictional requirements, and is highly knowledgeable and proficient in ornamental horticulture, arboriculture, sustainable practices and principals, 70 S t a t e m e n t o f Q u a l i f i c a t i o n s 4
water efficiency and management, recycled water use, stormwater management, and acceptable landscape installation and maintenance practices. Dutchover’s extensive interdisciplinary experience coupled with a passion for quality service is a key benefit to its clients and makes Dutchover highly desired for landscape design and management.
Dutchover is committed to provide the necessary personnel and resources to provide the City of Oakley with the services expected. Dutchover’s current contracted annual workload is 1,800 hours. We maintain an office staff and facilities that are right-sized for our workload to provide a high level of service standards. A current staff of three (3) allows for an annual workload of 4,050 hours. Our annual workload can be increased to 10,800 hours by utilizing additional staff which can be accommodated within our current facility and workstations.
Landscape Plan Peer-Review
Plan check services involve the ability to understand a project’s unique parameters, design, governing standards and requirements to meet the needs of the end user. Plan review services are a peer-review of master plans; landscape improvement plans; bond/cost estimates; and technical specifications. These reviews ensure compliance with local agencies codes/ordinances, conditions of approval, Water Efficient Landscape Ordinance (WELO), Clean Water Program (C.3), and Americans with Disabilities Act (ADA) requirements.
Prior to the adoption of the State of California Model Water Efficient Landscape Ordinance (MWELO), Dutchover was
instrumental in helping to achieve compliance with AB 325 for Contra Costa County, City of Dublin and City of San Ramon WELO. The 2015 MWELO update brought a more restrictive
use of overhead spray irrigation systems and promotes water application at the base of the plant. Dutchover assisted the City of Dublin in the development of Dublin Municipal Code Water Efficient Landscape Regulations based update and the City’s distinct needs. Through plan check for the City of Dublin, City of Hayward, City of Oakley, City of San Ramon, Contra Costa County, and Town of Moraga, Dutchover ensures the requirements of WELO and C.3 are implemented. Currently, Dutchover has been working with these agencies to interpret and implement the 2015 MWELO update.
Our firm has extensive experience with the requirements and implementation of Americans with Disabilities Act (ADA). Through plan reviews for the City of Dublin, City of Oakley, City of San Ramon, Contra Costa County, and the Town of Moraga, Dutchover ensures ADA compliance.
Plan Review includes: Review of landscape improvement plans, bond estimates, and technical specifications for conformance with the City Landscape Standards, WELO and C.3. Written comments and redlines of corrections for compliance with established standards and codes.
Review and verify projects As-Built Plans.
Peer-Review of Plans
71 S t a t e m e n t o f Q u a l i f i c a t i o n s 5
Field Inspection
Dutchover assists in construction management by providing expert knowledge of technological, economic and environmental aspects of construction projects. Skills include project planning, cost management, time management, quality management, and contract administration.
Field inspections require a vast knowledge of design principles, and installation standard methods and techniques. It also requires the ability to interpret drawings and standards with a systematic approach and strong communication skills.
Coordination with all jurisdictional agencies is essential to effectively complete field inspection services.
Inspection services ensure compliance with local agencies codes and ordinances, conditions of approval, WELO, recycled water use guidelines, and ADA requirements.
Construction Field Inspection includes: inspection of
improvements for new and existing frontage, median and park landscape improvements. Written reports are provided to document deficiencies and necessary corrections for compliance with approved plans and specifications.
Landscape Design
Design services protect and preserve the aesthetic uniqueness of each community while adding streetscapes, public places, parks and recreation facilities, open space, creek corridors, and commercial and private developments. Design
services incorporate analysis, planning,
management, and conservation, combined with
art and science. Utilizing current technology and
sustainable practices, Dutchover works to shape
environments to meet the needs of diverse clients
through creative, manageable and sustainable
design solutions.
Dutchover has extensive hands-on experience working with private developments and public agencies – utilizing a vast knowledge of design, installation methods and maintenance practices that translate seamlessly from paper to implementation. Developing standards and guidelines requires the ability to evaluate current practices, understand the needs of users and decision makers, and develop a product that can be used by anyone and applied to any project.
Dutchover is one of only a few landscape architectural firms with in-house irrigation design services. Irrigation design has been a part of Dutchover’s service since 1978. Few irrigation consultants have more experience in the field or with system design. Dutchover is proficient in the requirements of the WELO and knowledgeable about recycled water use. Dutchover has Bollinger Canyon Road
Written Daily Report
72 S t a t e m e n t o f Q u a l i f i c a t i o n s 6
Computer Visualization
Examples
Computer Visualization
Examples
developed standards and inspected installation of central controller systems. This experience gives Dutchover the unique ability to evaluate new and existing irrigation systems and recommend cost effective remedies once design or maintenance deficiencies are identified.
Landscape Design includes: prepare conceptual plan,
master plan, collection of site information, define project scope, facilitate community outreach, prepare design
scenarios and illustrative plans for presentation, prepare preliminary cost estimates, and conduct formal plan
presentations. Prepare construction documents based on
approved design, written technical specifications,
detailed cost estimates, bid and construction schedules, and coordination with sub-consultants as needed to
complete contract documents.
Computer Visualizations
An integral part of landscape architecture and on-call services are visualization tools to communicate visions and goals. Dutchover uses several tools to provide visualization of the project and amenities.
AutoCAD view of Irrigation Design
73 S t a t e m e n t o f Q u a l i f i c a t i o n s 7
Landscape Management
Biodiversity, environmental, and economic conflicts increase as landscape improvements mature requiring landscape
management to balance the needs and solution. Dutchover has extensive hands-on experience in developing and
managing such solutions through interdisciplinary knowledge, research and diagnosis, and systematic analysis to develop methodical and creative solutions for implementation.
Many projects require additional services for implementation of solutions for maintenance plans or general improvements for City-maintained facilities and landscaped areas. Tree assessment and preservation,
irrigation system mapping, irrigation management, and soil management are an integral role of landscape management.
Coordination with special interest groups and jurisdictional agencies can be necessary to effectively meet the needs and expectations of stakeholders. Dutchover’s strong
communication skills and creative solutions are invaluable while facilitating improvements to meet schedule and
budgetary goals.
Landscape Management includes: research and diagnosis,
analysis, development of solutions, preparation of findings and recommendations, design services; cost analysis and
budgeting; implementation, phasing; contract administration; and construction management.
Certified Arborist Services
Dutchover promotes the ISA’s best management practices through its work in the landscape industry. This includes selecting the right tree for the right place, tree quality selection, installation and establishment, root management, tree training, and tree risk management. Dutchover has extensive experience in applying the ISA best management practices in tree quality selection, and the installation and establishment of trees. The quality and installation of over 25,000 trees have been inspected for the City of Dublin, City of Oakley, City of San Ramon, and Contra Costa County. Tree assessments have been provided for the City of San Ramon, Contra Costa County and various developments.
Maintenance Assessment Tool
Relocation of Palm Trees in
Union Square, San Francisco
Site Assessment
74 S t a t e m e n t o f Q u a l i f i c a t i o n s 8
The City of San Ramon found that at least half of the trees planted in narrow parkway strips throughout new developments would cause infrastructure damage over the next 20 years. Dutchover developed an assessment methodology and evaluated over
4,300 City-owned trees to determine potential infrastructure damage. Data collected was used to rate potential tree damage and input into the City’s GIS system to enable staff to access and monitor the trees. Dutchover identified a priority rating for infrastructure damage mitigation.
Arboriculture Services include: tree selection, tree preservation, tree inventory, tree risk assessment, installation, establishment, and directing structure and root pruning.
Tree Assessment Report
75 S t a t e m e n t o f Q u a l i f i c a t i o n s 9
PERSONNEL QUALIFICATIONS
Key Personnel At-A-Glance
Albert S. Dutchover
Principal | Landscape Architect
Al has over 45 years’ experience as Principal Landscape Architect and general partner with Dutchover & Associates shaping environments to meet the needs of diverse clients, from both the public and private sectors, through creative design solutions. Al currently directs landscape architectural services and fiscal oversight for City of Dublin (18 years), City of Oakley (10 years), City of Orinda (8 years), City of San Ramon (14 years), and Contra Costa County (24 years).
Brian D. Dutchover
Principal | Senior Designer
Brian has over 40 years’ experience as Designer and then general partner with Dutchover & Associates developing an acute ability to understand the distinct needs of our clients, from both the public and private sector, and implementing water efficient and sustainable landscape principles and practices. Brian currently manages landscape architectural services for City of Dublin (18 years), City of Hayward (6 year), City of Oakley (10 years), City of Orinda (8 years), City of San Ramon (14 years), and Contra Costa County (24 years).
Steve T. Valenzuela
Project Manager | Designer
Steve has over 25 years’ experience as a Designer with Dutchover & Associates involving all aspects of landscape design, including residential, commercial, recreational and educational facilities. Steve’s background in irrigation design provides Dutchover & Associates the opportunity to provide in-house design using water efficient technologies and water management practices. Steve currently manages design, plan check and field inspection services for City of Dublin (13 years), City of Oakley (10 years), City of Orinda (8 years), City of San Ramon (14 years), and Contra Costa County (17 years).
Professional Resumes
See the following pages
76 S t a t e m e n t o f Q u a l i f i c a t i o n s 10 Albert S. Dutchover
Principal | Landscape Architect RESUME
6NLOOVDQG
.QRZOHGJH
Al has over 45 years’ experience as Principal Landscape Architect and general partner with Dutchover & Associates shaping environments to meet the needs of diverse clients, from both the public and private sectors, through creative design solutions. Al currently directs landscape architectural services and fiscal oversight of projects.
Additionally, he has 15 years with the City of Pleasanton as a Park and Landscape Designer. He has also served as a part-time instructor at Ohlone College in Fremont, California, teaching courses on landscape design, landscape construction, landscape maintenance, irrigation design, and park/landscape management.
x Possesses a vast knowledge and extensive skills in landscape architectural design. x Expertise in planting, irrigation, site improvements, grading, drainage, and lighting. x Adept at researching, planning, evaluating alternatives, and making sound recommendations.
x Ability to interpret, apply and explain complex codes, regulations and ordinances. x Proficient in balancing design quality, cost control and project management. x Manages contracts including scope of work, budgets, and accounting. x Directs projects through all phases of development, mentoring staff, and ensuring client satisfaction.
x Provides technical advice to other agencies, professionals, contractors, and the public.
3URMHFW+LVWRU\
x Contra Costa County – design, plan review and field inspection x City of Dublin Community – plan review and field inspection x City of Dublin – plan review and field inspection
x City of Oakley – plan review and development of standards x City of San Ramon – design, plan review and landscape standards update x Dublin San Ramon Services District – plan review
x Pleasanton Unified School District – landscape design, development of maintenance specifications, maintenance monitoring, plan review, construction management, and field inspection
x Bettencourt Ranch Homeowners Association – landscape design, development of maintenance specifications, maintenance monitoring, plan review, construction management, and field inspection
([SHULHQFH 1978–Present
1964–1978
1974–1976
Principal | Landscape Architect
Dutchover & Associates, Pleasanton, CA
Park and Landscape Designer
City of Pleasanton, Pleasanton, CA
Instructor of Landscape Construction, Landscape Management and Irrigation Design
Ohlone College, Fremont, CA
&UHGHQWLDOV
Registered Landscape Architect No. 1607,
State of California
([SLUHV$XJXVW
UHQHZDEOH
HYHU\\HDUV
Certified Water Manager (provisional) ([SLUHV'HFHPEHU
UHQHZDEO
DQQXDOO\
77 S t a t e m e n t o f Q u a l i f i c a t i o n s 11 Community College Teaching Credential No.
139567
,QDFWLYH
(GXFDWLRQ
University of California Extension Courses, Landscape Architecture, 1977 Oakland City College, Associate of Arts in Civil Engineering, 1963 $IILOLDWLRQV
ReScape California
California Landscape Contractors Association (CLCA)
78 S t a t e m e n t o f Q u a l i f i c a t i o n s 12 Brian D. Dutchover
Principal | Senior Designer RESUME
6NLOOVDQG
.QRZOHGJH
Brian has over 40 years’ experience as Designer and then general partner with Dutchover & Associates developing an acute ability to understand the distinct needs of our clients, from both the public and private sector, and implementing water efficient and sustainable landscape principles and practices. Brian currently manages landscape architectural services.
x Thorough knowledge of principals, current practices, and procedures in landscape architecture.
x Deep knowledge of arboriculture including tree biology, management, installation and establishment, pruning, diagnosis and treatment, protection and risk management. x Manages all aspects of landscape design to include planting, irrigation, site improvements, grading and drainage, and lighting.
x Remarkable ability to develop comprehensive plans.
x Adept at researching, planning, evaluating alternatives, and making sound recommendations.
x Ability to interpret, apply and explain complex codes, regulations and ordinances. x Lead for field inspection and construction management. x Proficient in AutoCAD, graphics, renderings, and serves as firm’s information technician.
x Ability to prepare comprehensive documentation and reports. x Accomplished at design presentations and conceptual layouts. x Facilitates meetings with dynamic oral communication. 3URMHFW+LVWRU\ x Contra Costa County – design, plan review, field inspection, tree assessment x City of Dublin – plan review and field inspection
x City of Hayward - plan review and field inspection
x City of Oakley – plan review and development of standards x City of San Ramon – design, plan review, field inspection, maintenance evaluation, tree assessment, and landscape standards update
x Dublin San Ramon Services District – plan review
x Pleasanton Unified School District – landscape design, development of specifications, plan review, construction management, and field inspection x Town of Moraga – plan review
x Golden Eagle Luxury Homeowners Association – landscape design, tree risk assessment, tree preservation plan
([SHULHQFH
1987–Present
1979-1987
Principal | Senior Designer
Dutchover & Associates, Pleasanton, CA
Draftsperson and Irrigation Designer
Dutchover & Associates, Pleasanton, CA
&UHGHQWLDOV
ReScape Qualified
Professional
([SLUHV 'HFHPEHU
UHQHZDEOHHYHU\\HDUV
ReScape Rater ([SLUHV 'HFHPEHU
UHQHZDEOHHYHU\\HDUV
ISA Certified Arborist No.
WE-8649A
([SLUHV$SULO
UHQHZDEOHHYHU\\HDU
79 S t a t e m e n t o f Q u a l i f i c a t i o n s 13 Certified Water Manager
(provisional)
([SLUHV'HFHPEHU
UHQHZDEOHDQQXDOO
(GXFDWLRQ
Las Positas College, Livermore, CA
7UDLQLQJ
Bay-Friendly Training & Qualification Program
Bay-Friendly Rater Training Program
Institute of Horticultural Studies, Arborist Certification Clean Water Program, Update on New C.3 Requirements,
New Development & Redevelopment Workshop 2011
$IILOLDWLRQV
ReScape California
International Society of Arboriculture (ISA)
Western Chapter International Society of Arboriculture (WCISA) California Landscape Contractors Association (CLCA),
Landscape Standard Committee - 2014-2016
California Landscape Contractors Association (CLCA),
East Bay Chapter Board of Directors – 2013-2015
80 S t a t e m e n t o f Q u a l i f i c a t i o n s 14 Steve T. Valenzuela
Project Manager | Designer RESUME
6NLOOVDQG
.QRZOHGJH
Steve has over 25 years’ experience as a Designer with Dutchover & Associates involving all aspects of landscape design, including residential, commercial, recreational and educational facilities. Steve’s background in irrigation design provides Dutchover & Associates the opportunity to provide in-house design using water efficient technologies and water management practices. Steve currently manages design, plan check and field inspection services
x Practiced and developed skills in water efficient technologies thorough knowledge of principals, current practices, and procedures in landscape architecture and landscape management.
x Deep knowledge of the application and installation of water efficient technologies including water use documentation, water budgeting and irrigation scheduling. x Develops all aspects of landscape design to include planting, irrigation, site improvements, grading and drainage, and lighting.
x Remarkable ability to develop comprehensive plans, documents and reports. x Ability to interpret, apply and explain complex codes, regulations and ordinances. x Proficient in AutoCAD, graphics, and renderings.
x Develops material take-offs and cost estimating including review of bond estimates. x Detail-oriented and capable of managing multiple tasks with a proven ability to meet deadlines.
x Contributes to effective team output through cooperation and flexibility with a commitment to shared vision and goals.
x Ability to achieve results through strong observation, critical analysis and problem solving.
x Adept at learning and developing new technical skills and competencies. x Practical experience in Lean Process Improvement Management and Preventative Maintenance Practices with a focus on preserving value with less cost. 3URMHFW+LVWRU\ x Contra Costa County – design, plan review and field inspection x City of Dublin – plan review and field inspection
x City of Oakley – plan review and development of standards x City of San Ramon - plan review, tree assessment and landscape standards update x Dublin San Ramon Services District – plan review
x Pleasanton Unified School District – irrigation design, development of specifications, plan review, construction management, and field inspection x Town of Moraga – plan review
x Bettencourt Ranch Homeowners Association – landscape design, development of specifications, plan review, construction management, and field inspection &UHGHQWLDOV
ReScape Qualified Professional ([SLUHV'HFHPEHU UHQHZDEOH
HYHU\\HDUV
ReScape Rater ([SLUHV'HFHPEHU
UHQHZDEOH
HYHU\\HDUV
AutoCAD &HUWLILHG
81 S t a t e m e n t o f Q u a l i f i c a t i o n s 15 ([SHULHQFH
2011–Present
1988–2006
Project Manager and Designer
Dutchover & Associates, Pleasanton, CA
Draftsperson and Irrigation Designer
Dutchover & Associates, Pleasanton, CA
(GXFDWLRQ
Diablo Valley College, Pleasant Hill, CA
University of California, Berkeley, CA
7UDLQLQJ
Bay-Friendly Training & Qualification Program
Bay-Friendly Rater Training Program
Clean Water Program, Update on New C.3 Requirements,
New Development & Redevelopment Workshop 2011
$IILOLDWLRQV
ReScape California
California Landscape Contractors Association (CLCA)
82 S t a t e m e n t o f Q u a l i f i c a t i o n s 16
PROJECT EXPERIENCE
and Client References
Contra Costa County
Ms. Jocelyn A. Bolibol LaRocque, PE, CFM, Senior Civil
Engineer
Public Works Department
255 Glacier Drive, Martinez, CA 94553
925.313.2315
MRFHO\QODURFTXH#SZFFFRXQW
On-Call Landscape Architectural Services 2000 to Present Services provided: Plan review and field inspection of landscape improvements for compliance with County Standards, City of San Ramon Landscape Standards, Dublin San Ramon Services District Standards, community design handbook, tentative map, ADA accessibility guidelines, Water Efficient Landscape Ordinance (WELO), and other regulations for over 190 projects in the Alamo Creek and Dougherty Valley developments including subdivisions, streetscapes, parks, open space, stormwater treatment facilities, creek restoration, and pedestrian trail for irrigation with recycled water.
City of Dublin
Mr. Jeff Baker, Director
Community Development Department
100 Civic Plaza, Dublin, CA 94568
925.833.6610
MHIIEDNHU#GXEOLQFDJR
Ms. Laurie Sucgang, Senior Civil Engineer
Public Works Department
100 Civic Plaza, Dublin, CA 94568
925.833.6630
ODXULHVXFJDQJ#GXEOLQFD
On-Call Landscape Architectural Services 2006 to Present Services provided: Plan review and field inspection of landscape improvements for compliance with City of Dublin Standards and Codes, Dublin San Ramon Services District Standards, tentative map, conditions of approval, ADA accessibility guidelines, Water Efficient Landscape Ordinance (WELO), and other regulations for over 120 commercial developments, subdivisions, streetscapes, and stormwater treatment facilities.
City of Hayward
Ms. Michelle Koo, City Landscape Architect
Planning Department
777 B Street, Hayward, CA 94541
510.583.4208
PLFKHOOHNRR#KD\ZDUGFDJR
On-Call Landscape Architectural Services 2017 to Present Services provided: Plan review and field inspection of landscape improvements for compliance with City of Hayward Standards and Codes, tentative map, conditions of approval, Water Efficient Landscape Ordinance (WELO), Tree Preservation Ordinance, and other regulations. 83 S t a t e m e n t o f Q u a l i f i c a t i o n s 17 City of Oakley
Ms. Billilee H. Saengchalern, PE, TE, Engineering Manager Public Works Department
3231 Main Street, Oakley, CA 94561
925.625.7154
VDHQJFKDOHUQ#FLRDNOH\FD
On-Call Landscape Architectural Services 2016 to Present Services provided: Plan review and field inspection of landscape improvements for compliance with City of Oakley Standards, tentative map, conditions of approval, ADA accessibility guidelines, Water Efficient Landscape Ordinance (WELO), and other regulations. Developed standards for irrigation equipment list, street tree list, landscape standards, and plan submittal requirements.
City of San Ramon
Mr. Christopher Low, Associate Engineer
Public Works-Engineering Services Division
2401 Crow Canyon Road, San Ramon, CA 94583
925.973.2682
FORZ#VDQUDPRQFDJR Y
Mr. Jeff Gault |Division Manager
Public Services Department
5000 Crow Canyon Road, San Ramon, CA 94582
925.973.2802
MJDXOW#VDQUDPRQFDJRY
On-Call Landscape Architectural Services 2010 to Present Services provided: Landscape design, field inspection, tree assessment, and evaluation of contracted landscape maintenance. Landscape design and field inspection provided for capital improvement projects including planting, irrigation and playgrounds. Evaluation of contracted landscape maintenance included monthly review and reporting for maintenance of City owned landscapes. Recently updated the City’s Landscape Standards and conducted a tree assessment of over 4,300 trees. 84 S t a t e m e n t o f Q u a l i f i c a t i o n s 18 Additional Client References:
Dublin San Ramon Services District
Ms. Rhodora N. Biagtan, P.E., Principal Engineer
Engineering Department
7051 Dublin Boulevard, Dublin, CA, 94568
925.875.2255
ELDJWDQ#GVUVGFR P
On-Call Landscape Architectural Services 2004 to 2009
Services provided: Plan review of landscape irrigation plans for compliance with the District standards for recycled water use for over 50 commercial developments, subdivisions, streetscapes, schools, parks, open space, creek restoration, and pedestrian trails.
Town of Moraga
Mr. Brian Horn, Associate Planner
Planning Department
329 Rheem Boulevard, Moraga, CA 94556
925.888.7044
EKRUQ#PRUDJDFDXV
On-Call Landscape Architectural Services 2014 to 2020
Services provided: Plan review of landscape improvements for compliance with Town of Moraga Design Guidelines, Contra Costa County Standards, tentative map, conditions of approval, ADA accessibility guidelines, Water Efficient Landscape Ordinance (WELO), and other regulations.
Pleasanton Unified School District
Ms. Lynn Novak
Maintenance, Operations and Facilities Department
4750 First Street, Pleasanton, CA 94566
925.426.4404
OQRYDN#SOHDVDQWRQXVGQ
On-Call Landscape Architectural Services 1988 to 2008
Services provided: Master planning, landscape design, plan check, construction management, field inspection, grounds and facilities evaluation, and development of landscape installation and maintenance specifications for District owned facilities for 70 new, expansion and renovation of facilities, and the development of playground and athletic fields. Services provided landscape, irrigation, site improvements, ADA accessibility compliance, drainage and site lighting. 85 S c o p e o f S e r v i c e s 19
SCOPE OF SERVICES
Dutchover & Associates (Consultant) shall provide Landscape Architecture Services in conjunction with the On-Call Consulting Services Agreement with the City of Oakley (City), but not limited to, the following:
I. LANDSCAPE PLAN PEER-REVIEW
A. Conduct a peer-review of the Plans, technical specifications and bond estimate (PS&E):
1. Review of Plans including, but not limited to: Planting; irrigation; hardscape and site amenities associated with landscaping; and other related elements for compliance with Conditions of Approval, City of Oakley Standards, WELO, C.3, and acceptable industry practices.
B. Prepare written comments and redline of PS&E for necessary corrections to comply with established standards and codes.
C. Meet with the City to review written comments and redline PS&E as necessary.
D. Provide clarifications on redline PS&E and written comments to the City and/or Applicant at the City’s request.
E. Schedule:
1. Return 1st plan review redline PS&E and written comments – 3 weeks from receipt by Dutchover.
2. Return subsequent plan review redline PS&E and written comments – 2 weeks from receipt by Dutchover.
II. FIELD INSPECTIONS
A. Review material submittals and maintain a submittal log to document submittal contents, date submitted and date approved.
B. Facilitate pre-construction conference and site meetings as necessary.
C. Inspect work to be completed by others for the demolition, site preparation, installation of irrigation system, planting and site amenities.
1. Visits to the site shall be at intervals appropriate to the stage of construction, or as otherwise requested by the City, in order to observe the progress and quality of the work completed by the Contractor.
2. Consultant shall conduct these visits or inspections for general compliance with the design intent and approved PS&E.
3. Visits to the site and inspections are not intended to be an exhaustive check or a detailed inspection of the Contractor’s work but rather are to allow Consultant, as an experienced professional, to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the approved PS&E.
4. Consultant shall keep the City informed of work progress by issuing written field reports outlining the action taken during site visits and inspections. 86 S c o p e o f S e r v i c e s 20
D. Consultant shall not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor the Contractor’s safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the Contractor in accordance with the approved PS&E.
E. Consultant shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the work, or any agents or employees of any of them. Consultant does not guarantee the performance of the Contractor and shall not be responsible for the Contractor’s failure to perform the work in accordance with the approved PS&E or any applicable laws, codes, rules or regulations.
F. Schedule:
1. Field inspections shall be provided within two (2) business days of written request.
III.ADDITIONAL SERVICES
A. Provide additional services including, but not limited to: Site evaluations of existing landscape; tree assessment; landscape design; development of landscape guidelines; construction management; inspection; irrigation management; landscape maintenance management; and other services that may be requested by the City.
IV. COMMUNICATION AND COORDINATION WITH CITY
A. The City shall appoint a person or persons to provide direction to the Consultant.
B. Coordinate with City on an as-needed basis.
V. ASSISTANCE FROM THE CITY
A. The City shall provide all existing information necessary for the completion of Scope of Services as follows:
1. Electronic copies of the PS&E per submittal.
2. City comments, Conditions of Approval, tentative map, civil plans, etc.
3. One hardcopy and one electronic copy of the approved PS&E.
B. The City shall provide review, inspection and comment on the civil, building and electrical improvements.
C. The City shall provide all direct communications with the Applicant and Contractor.
1. Consultant will communicate with the Applicant and Contractor as requested by the City.
87 F e e S c h e d u l e 21
FEE SCHEDULE
The following is list of Dutchover & Associates (Consultant) current hourly rates and fees which is proposed to be used as the Fee Schedule in conjunction with the On-Call Consulting Services Agreement with the City of Oakley (City):
HOURLY RATE:
Hourly rates include direct salary costs, salary additives, indirect costs, overhead and fixed-fee or profit associated with performing services.
Classification Personnel Hourly Rate
Principal - Landscape Architect Al Dutchover $ 190.00
Principal - Senior Designer Brian Dutchover $ 150.00
Designer Steve Valenzuela $ 115.00
Administrative Assistant Vacant position $ 85.00
1. Hourly rates shall apply to travel time to and from the Consultant’s office in Pleasanton, California.
2. Rates also include telephones, internet access, cellular phones, personal safety gear, and mileage.
3. The hourly rates do not include sub-consultants, printing and reprographic services, postage, courier service, testing equipment rental, and laboratory testing, and other reimbursable expenses that may be requested by the City of Oakley.
REIMBURSABLE EXPENSES:
Reimbursable expenses are additional costs to the above hourly rates:
Classification Rate
Printing and reprographics cost plus 10%
Postage and courier service cost plus 10%
Testing equipment rental cost plus 10%
Laboratory testing cost plus 10%
88 C e r t i f i c a t e s o f I n s u r a n c e 22
CERTIFICATES OF INSURANCE
89 C e r t i f i c a t e s o f I n s u r a n c e 23
90 DUTCHOVER & ASSOCIATES
L a n d s c a p e A r c h i t e c t u r e
1807 Santa Rita Road | Suite H252
Pleasanton | CA 94566
925.462.5300 | GXWFKRYHU#GXWFKRYHUFRP
www.dutchover.com
D UTCH OVER
91 Resolution No. XX-24 Page 1 of 2
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
DUTCHOVER & ASSOCIATES FOR ON-CALL LANDSCAPE AND IRRIGATION PLAN REVIEW AND INSPECTION SERVICES FOR FISCAL YEARS (FY) 2024/25 AND 2025/26
WHEREAS, the City of Oakley’s Public Works Departments commonly use consultants to conduct in depth reviews of private development and capital improvement project (CIP) improvement plans; and
WHEREAS, the need for this type of service has increased over the past several years due to the development of a number of residential and commercial projects, as well as capital improvement projects with streetscape and park improvements; and WHEREAS, Dutchover & Associates has over twenty years of experience working with various public agencies by providing on-call landscape architectural services and has a vast knowledge of local municipal requirements pertaining to landscaping and irrigation and has been providing review of private development projects landscaping and irrigation plans for the City of Oakley since 2016; and
WHEREAS, the costs associated with the agreement will be supported by the deposits provided by developers, and the approved budgets for CIP projects, and Dutchover & Associates will be compensated based on the actual time and materials expended; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the City Manager is authorized to execute an agreement for a not-toexceed amount of $150,000 each for Fiscal Year 2024/25 and 2025/26 with Dutchover & Associates for on-call landscape and irrigation plan review and inspection services.
BE IT FURTHER RESOLVED AND ORDERED, if at the end of the term the services have been performed satisfactorily, the City Manager has the discretion to approve an extension of the agreement to June 30, 2028, under the same terms as the original agreement.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024 by the following vote.
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
92 Resolution No. XX-24 Page 2 of 2
ATTEST:
____________________ ________
Libby Vreonis, City Clerk Date
93 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Accepting the Work Associated with Capital Improvement Project Number (CIP) 255 – Cypress Grove Subdivision Pump Station Building Project
Background and Analysis
The Cypress Grove Subdivision was constructed as part of a large residential neighborhood nearly 20 years ago by private developers along East Cypress Road surrounding Delta Vista Middle School and Iron House Elementary School.
The construction of this subdivision included a lake that is used for stormwater detention and has stormwater pumps, an irrigation well, an emergency generator, and a structure that houses the mechanical and electrical components. This structure only had half of a roof and did not fully cover the components that are inside. The components were exposed to environmental elements throughout the years and are deteriorating.
This project renovated this facility by constructing the full roof so it will cover all of the components inside and protect them from environmental elements, as well as upgraded the mechanical components of this pump station to have a functional and modern facility for years to come.
December 13, 2022, the City Council awarded a construction contract to Valentine Corporation for the construction of CIP 255. This project has been successfully completed and is now in operation.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The construction contract with Valentine Corporation was successfully completed on time and under the authorized budget $1,297,866.62.
Approved and
Forwarded to the
City Council
94 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting CIP Project No. 255 – Cypress Grove Subdivision Pump Station Building Project as constructed by Valentine Coorporation, to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder
Attachments
Attachment 1 - Resolution
Attachment 2 – Notice of Completion
95 Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING AS
COMPLETE THE WORK PERFORMED BY VALENTINE CORPORATION FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT (CIP) NUMBER 255 –
CYPRESS GROVE SUBDIVISION PUMP STATION BUILDING PROJECT WHEREAS, City staff, prepared plans, special provisions, and cost estimates related to CIP Project No. 255 – Cypress Grove Subdivision Pump Station Building Project; and WHEREAS, on December 13, 2022, by adopting Resolution Number 138-22 the City Council awarded a construction contract to Valentine Corporation, for the construction of CIP No. 255 – Cypress Grove Subdivision Pump Station Building Project; and WHEREAS, Valentine Corporation has satisfied the contractual requirements necessary for the acceptance of CIP No. 255 to be deemed complete.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that CIP Project No. 255 – Cypress Grove Subdivision Pump Station Building Project 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 CIP No. 255 with the County Recorder.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Anissa Williams, Mayor
ATTEST:
____________________ _______________________
Libby Vreonis, City Clerk Date
96 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
Cypress Grove Subdivision Pump Station Building Project – Capital Improvement Project (CIP) Number 255
NOTICE IS HEREBY GIVEN THAT:
The CITY OF OAKLEY, a political subdivision of the State of California, did, on December 13, 2022, enter into an agreement with Valentine Corporation, for the construction of Capital Improvement Program Project Number 255 – Cypress Grove Subdivision Pump Station Building Project
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 the Cypress Grove Subdivision Pump Station Building Project – CIP No. 255 in the City of Oakley located at 38 Crane Court.
On June 11, 2024, 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 11th day of June 2024 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
97 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
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 2024/25 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 stormwater capture projects in conjunction with any other allowable project.
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 $1,165,350 in Fiscal Year (FY) 2024/25 from RMRA funding. To be eligible to receive this funding, the City must submit a proposed Approved and
Forwarded to the
City Council
98 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US project list to the CTC along with a formalized resolution before July 1, 2024, documenting the City Council’s approval of the City’s Capital Improvement Program Budget (CIP), reflecting the projects with specific RMRA funding allocations.
In order to meet SB 1’s eligibility and reporting requirements, the $1,165,350 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 No. 247 - East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project, CIP No. 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project and CIP No. 311 – FY 2024/25 Curb, Gutter, and Sidewalk Repair & Reconstruction Project are identified in the FY 2024/25 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 $1,134,561 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 No. 247 - East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project, CIP No. 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project and CIP No. 311 – FY 2024/25 Curb, Gutter, and Sidewalk Repair & Reconstruction Project are identified in the FY 2024/25 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 No. 247 - East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project, CIP No. 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project and CIP No. 311 – FY 2024/25 Curb, Gutter, and Sidewalk Repair & Reconstruction Project to be funded with the Road Maintenance and Rehabilitation Account (RMRA) revenues.
Attachments
Attachment 1 - Resolution
99 RESOLUTION NO. __-24
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SENATE BILL 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 $1,165,350 in RMRA funding in Fiscal Year 2024/25 from SB 1; and
WHEREAS, this is the eighth 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
100
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 WHEREAS, the 2023 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 2024/25 Road Maintenance and Rehabilitation Account revenues:
Project Title: CIP No. 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project
Project Description: Roadway Widening and Reconstruction Project Location: The Widening and Resurfacing Project consists of the following Streets: On Laurel Road east of O’Hara Avenue intersection and on O’Hara Avenue south of Laurel Road intersection.
Estimated Project Schedule: Construction Start (August 2024) – Construction Completion (October 2025)
Estimated Project Useful Life: 25 Years
Project Title: CIP No. 311 – Fiscal Year 2024/25 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 2025) – Construction Completion (May 2025)
101
Estimated Project Useful Life: 20 Years
3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City/County is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Title: CIP No. 247 – East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project
Project Description: The project will reconstruct East Cypress Road to 6 lanes to City standards.
Project Location: East Cypress Road from Knightsen Avenue to Jersey Island Road
Estimated Project Schedule: Construction Start (June 2024) – Construction Completion (July 2025)
Estimated Project Useful Life: 20 Years
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
ATTEST: Anissa Williams, Mayor
Libby Vreonis, City Clerk Date
102
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Awarding a Contract to DC Electric Group, Inc. for Traffic Signal, Street Light Maintenance and Repair and USA Ticket Marking Services for Fiscal Years (FY) 2024/25 and 2025/26 Background and Analysis
The City of Oakley is currently responsible for the maintenance and operation of 42 traffic signals, with 4 future signals to be built, and approximately 3,773 City owned streetlights.
This electrical infrastructure system must be maintained in a safe and efficient manner to ensure the proper operation of the City’s transportation system, and most importantly the safety of the public who use the City transportation infrastructure each day. The City of Oakley does not currently have the in-house staffing, facility, or equipment necessary to maintain these electrical infrastructure systems, and therefore use the services of specialty contractors for such maintenance services. The professional duty of staff is to review such maintenance contracts annually to ensure the services provided are satisfactory and meet the City’s expectations, contracts terms, and service requirements.
To address the deficiencies in the existing maintenance service and to better align the maintenance services with funding resources, staff prepared a Request for Proposal (RFP) for Traffic Signal and Street Light for maintenance services in 2018. The scope of work provides the City with a robust maintenance program that performs monthly maintenance services (including nighttime inspections of the streetlights) to the City’s electrical infrastructure and to keep it in the best operational condition.
The scope of the Preventative Maintenance activities that are performed as a routine each month will help in reducing malfunctions of the electrical infrastructure, reduce public complaints, and extend the useful life of the City owned and operated electrical infrastructure. An example of routine maintenance activities includes checking the functionality of all traffic signal equipment, checking the signal timing and phasing operations, checking for worn-out electrical cables and lamps, cleaning of controller cabinets and checking the street light poles and light heads. Emergency response work are operations that are typically not covered by preventive maintenance due to their unknown nature and circumstances. Emergency response work could entail repairs resulting from traffic accidents that damage traffic signals or streetlights; or natural disasters, such as storms and earthquakes. The overall scope of work accommodates resources needed to address any such emergencies. Repair and replacement of electrical infrastructure caused by accidents are ultimately cost recovered through the City’s insurance recovery firm that Approved and
Forwarded to the
City Council
103
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US follows up on such cases after Police reports are furnished. DC Electric Group, Inc. is available 24/7 as needed by the City staff to address any emergency service needs.
Staff reviewed their newest proposal in detail and determined that DC Electric Group, Inc. is still the best responsive company to accommodate the City’s maintenance and repair services needed with their broad range of resources that they have available. DC Electric Group, Inc. has done exemplary work and has been very responsive to the staff needs related to traffic signal and street light maintenance services as reflected in the performance of the City traffic signals, streetlights and USA ticket marking services.
Consistency with the Oakley Strategic Plan 27+
Consistency with the Oakley Strategic Plan for community health and safety by ensuring our traffic signals and streetlights are maintained to preserve safety for the Oakley Community.
Fiscal Impact
Approval of the resolution will authorize the City Manager to execute a maintenance services agreement with DC Electric Group, Inc. with a not to exceed amount of $126,554.34 for signal maintenance services, $24,000 for street light maintenance services and $14,400 for USA location and marking services per fiscal year for FY 2024/25 and 2025/26, with the possibility to extend the contract for an additional two years, to June 30, 2028 if work continues to be performed satisfactorily. The cost of this service contract is accommodated in the operations budget of the Public Works Department from Gas Tax (140) for signal maintenance, LLAD Zone 2 for streetlight maintenance and Engineering General Fund for USA ticket services.
Contract signing will not occur until the FY 2024/2025 budget has been adopted by the City Council.
Staff Recommendation
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with DC Electric Group, Inc. for traffic signal, street light maintenance services, as well as USA ticket marking services for FY 2024/25 and FY 2025/26.
Attachments
Attachment 1 - Resolution
Attachment 2 – DC Electric Proposal
104
Resolution No. - 24
RESOLUTION NO. - 24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE ON-CALL SERVICES AGREEMENT WITH DC ELECTRIC GROUP, INC. FOR ON-CALL TRAFFIC SIGNAL, STREET LIGHT
MAINTENANCE AND USA TICKET MARKING SERVICES AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT FOR FISCAL YEAR (FY) 2024/25 AND 2025/26
WHEREAS, the City of Oakley Public Works and Engineering Department frequently seeks repair and maintenance services for City owned facilities; and WHEREAS, the City of Oakley does not have in-house resources for providing traffic signal, street light maintenance and USA ticket marking services to the City’s electrical infrastructure; and
WHEREAS, DC Electric Group, Inc. has provided excellent and prompt traffic signal and street light maintenance and repair services to the City of Oakley since 2018, and now they have proposed to continue to provide these services; and WHEREAS, the award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 8) which provides an exception for competitive bidding “For maintenance and repair of buildings and facilities”; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the On-Call Traffic Signal, Streetlight, and Underground Service Alert Proposal attached hereto as Exhibit A with DC Electric Group, Inc. for FY 2024/25 and FY 2025/26 is hereby approved and the City Manager is authorized to execute an agreement.
BE IT FURTHER RESOLVED AND ORDERED, if at the end of the term the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2028, under the same terms as the original agreement.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 11th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
105
Resolution No. - 24
APPROVED:
___________________
ATTEST: Anissa Williams, Mayor
____________________
Libby Vreonis, City Clerk Date
106
Exceeding Industry Expectations
City of Oakley
Traffic Signal Maintenance Service,
Streetlight
and
Underground Service Alert (USA) Service
107
Exceeding Industry Expectations
May 29, 2024
Kevin Rohani, P.E.
Public Works Director/City Engineer
City of Oakley
3231 Main Street
Oakley, California 94561
RE: Traffic Signal Maintenance Service, Streetlight & Underground Service Alert (USA) Service – For FY 2024/25 & 2025/26
Mr. Rohani:
We are pleased to provide this Proposal for Traffic Signal Maintenance Service, Streetlight & Underground Service Alert (USA) Service to the City of Oakley. DC Electric has been providing maintenance services to the City of Oakley since July 2018 and would be pleased to continue working with the City.
DC Electric Group, Inc. (“DC Electric”) is a Bay Area-based California corporation specializing in municipal electrical and lighting contracting with a core focus on traffic signal and streetlight maintenance and related services. We are licensed and bonded in the State of California (DIR# 1000003395 & CA License #949934), and hold Class A (General Engineering), Class B (General Building), C-10 (Electrical), C-31 (Traffic Control), C-61/D-31 (Pole Installation & Maintenance) contractor’s licenses. Our highly experienced office and field staff are locally recognized as experts in the street lighting and traffic signal industry. Our Pacheco office, approximately 20 miles away from the City of Oakley, is ideally located to provide the City with ongoing maintenance services as well as rapid response times in the event of an emergency. With our many years of local municipal experience, our dedication to customer satisfaction, and our firsthand knowledge of the electrical infrastructure within Contra Costa County, we are confident we can provide exemplary service and quality craftsmanship to the City.
Please contact John Abraham with questions:
Contact: John Abraham, Regional Manager
Physical Address: 40 Berry Dr, Pacheco, CA 94553
Mailing Address: P.O. Box 7525, Cotati, CA 94931
Office Phone: (925) 293-9455
Office Fax: (925) 293-9454
Email Address: [email protected]
Thank you for considering DC Electric as the best partner for Traffic Signal Maintenance, Streetlight and USA Services.
Respectfully,
John Abraham
Regional Manager
108
City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Table of Contents
A. Mission Statement
B. Qualifications & Experience
C. Key Personnel
D. Scope of Services & Approach
E. Client References
F. Price Proposal Form
G. Price Proposal Clarifications & Alternate Pricing
H. Attachments
• Traffic Signal Preventative Maintenance Program
• Traffic Signal Intersection Inventory
• RRFB and Radar Feedback Sign Quarterly Inspections
• RRFB Inventory
• Radar Feedback Sign Inventory
• Sample Traffic Signal Database Reports
109
1 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Exceeding Industry Expectations
A. MISSION STATEMENT
In a world where indifference and insincerity have become the status quo, individual needs have been forgotten and the customer reduced to a mere number, it is DC Electric Group, Inc.’s focus to restore the spirit of exceptional service by establishing personal accountability for our customers’ experience and satisfaction during the course of business. Our customers count on our dependability, our drive, and our integrity. In this capacity, we hold a responsibility to nurture, retain and maintain the customer confidence that is necessary to our existence. It is our Mission to deliver high-quality, cost-effective Traffic Signal and Streetlight services, on schedule, by employing and supporting a motivated, flexible, and focused team. We value the importance of our relationships and will continue to remain fair and true in our dealings with all employees, customers and vendors. We take great pride in our accomplishments and continue to build on them every day.
110
2 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
B. QUALIFICATIONS & EXPERIENCE
DC Electric’s core business is Traffic Signal and Streetlight maintenance services. DC Electric currently performs Traffic Signal maintenance services similar to those being requested for approximately 30 agencies throughout the Bay Area, with responsibility for the ongoing maintenance of approximately five hundred fifty (550) signalized intersections. In addition, DC Electric is responsible for maintaining over twenty two thousand (22,000) streetlights. The most important criteria that sets DC Electric apart is our sole focus on maintenance and operations. Our traffic signal maintenance services are not simply a division of a larger construction or manufacturing operation. We are currently contracted with the following Cities/Agencies for Traffic Signal maintenance services, including 24-hour Emergency Repair Services:
• City of Emeryville • City of Orinda • County of Contra Costa • City of San Pablo • City of Cloverdale • Town of Ross • City of Berkeley • Golden Gate National Rec. Area • City of San Ramon • Town of Corte Madera • County of Sonoma • City of Mill Valley • Town of San Anselmo • Town of Windsor • City of Larkspur • Town of Fairfax • City of Rohnert Park • City of San Rafael • City of Novato • City of Sebastopol • City of Benicia • City of Cotati • City of Ukiah • City of Petaluma
• City of Healdsburg • City of Lafayette • City of Cloverdale • County of Mendocino • County of Marin • City of Sausalito Overall Capabilities:
DC Electric provides a wide variety of traffic signal, streetlight, and related electrical services to municipal agencies in the following areas:
Transportation
• Complete traffic signal installations, modifications, repairs & maintenance • Video system installation and repair – CCTV & video detection • Emergency Vehicle Pre-emption
• Battery Back-up Systems (BBS)
• Radar Speed Feedback Signs
• Audible Pedestrian Signals (APS)
• Integrated Corridor Mobility Equipment
• Microwave Vehicle Detection Station
• ADA pedestrian upgrades
111
3 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
• Underground utility installation & repair
• Utility locating and marking
• Lighted x-walk installation and repair
• After hours and emergency response
• Live Electronic Records Management System
• Fiber Optic installation, splicing, & testing
Street Lighting & General Services
• Street lighting – Installations, repair & maintenance – Parallel and series systems • Parks lighting and ball field lighting
• Building electrical – (interior and exterior) Installations, repair & maintenance • Parking lot lighting
• Holiday and decorative lighting & banner installations • Fountain, pool & spa electrical
• Electrical control work – energy management systems, time clock & photo control • After hours and emergency response
Lighting & Energy Efficiency Services
• Audits
• Inspections
• GIS surveys
• Upgrades – LED & Induction Lighting
• Electric vehicle charging stations
• Smart parking meters
• Energy management system installation & repair
Heavy Electrical Services
• Generator installation, maintenance, and repairs
• Storm water pump and sanitary lift station maintenance, and repairs Licenses:
DC Electric holds the A-General Engineering and C-10 Electrical contractor’s licenses required by the City to provide the requested traffic signal maintenance services. In addition to these licenses, DC Electric holds B-General Building, C31-Construction Zone Traffic Control, and C61/D31-Pole Installation and Maintenance specialty contractor’s licenses. Although these are not required to perform the scope of work, they are evidence of DC Electric’s focus and expertise in traffic signal and streetlight maintenance. See Section H – Attachments for a copy of our Contractor’s License.
Facilities & Inventory
Our Contra Costa County Operations are conveniently located in Pacheco, California approximately 20 miles from the City of Oakley. In the Traffic Signal Maintenance services business, proximity matters. DC Electric’s Pacheco office is much closer to the City of Oakley than any of our established competitors.
Our facilities house the necessary traffic signal poles, signals, traffic signal controllers, traffic signal communications devices, LEDs, controller cabinets, service cabinets, uninterruptible 112
4 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
power supplies, wiring, pull-boxes, pull-box lids, and other necessary materials to perform all maintenance required and to perform temporary and permanent repair of accident damage to traffic signal equipment/devices. We will continually monitor and maintain adequate material inventory levels as material is used. Appropriate spare equipment necessary for the proper operations of the City traffic infrastructure will also be maintained. This facility is also equipped to perform twenty-one day bench test of traffic signal controller cabinets in accordance with Caltrans and City specifications. This facility also has all test equipment necessary to test conflict monitors, load switches, flashers, detector amplifiers, controllers, LEDs, and controller cabinets. DC Electric uses an ATSI Model PCMT/8000 for all conflict monitor testing.
Equipment:
DC Electric has access to all of the necessary equipment to properly maintain the traffic signal infrastructure for the City. All of our field technicians use Altec AT235 or Altec 37G aerial lift “bucket trucks.” DC Electric staff has 15 years of experience working directly with Altec, the premier supplier of aerial lift equipment, to support our fleet operations. In addition to the standard bucket trucks, DC Electric has all material handling, aerial crane, service body, and traffic control equipment at our disposal for any need that should arise. We also contract for 24/7/365 emergency crane services allowing us operational flexibility and access to a wide variety of crane assets at a moment’s notice.
Personnel:
DC Electric’s team is expert in providing traffic signal and streetlight maintenance services to municipal agencies. John Abraham, Regional Manager of our Pacheco office, supervised traffic signal and streetlight operations for the County of Contra Costa for over 20 years. John supervises a team of highly qualified field technicians who are available to provide services to the City. Justin Calkins who has over 20 years of traffic signal and streetlight maintenance and operations experience will be the assigned project manager and the primary point of contact for the City. For more information regarding DC Electric assigned personnel, management, and field staff qualifications, see Section C – Key Personnel.
Safety
DC Electric places a great deal of emphasis on safety as part of our mission of having long-term successful relationships with our employees. We are proud that, to date, our company has never had a lost time work related injury or OSHA reportable accident. DC Electric has received an “A” safety rating from ISNetworld, the 3rd party safety management company used by both Pacific Gas & Electric and Southern California Edison. Our Workers Compensation Insurance experience modification rating is a very low (.75). In addition to demonstrating our emphasis on safety, and the care we have for our employees, this outstanding safety record is evidence of the level of expertise our field staff has in performing their traffic signal maintenance duties.
Traffic Signal Database
The most basic function in performing traffic signal maintenance program is responding to and tracking each service request. DC Electric’s years of maintenance experience have proven that an online work order management system is critical to the success of a maintenance program. DC Electric has developed a custom designed Traffic Signal Maintenance Database. Our database is 113
5 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
a live web-based inventory and work order management system which can be customized and made accessible to designated City staff if requested. Our database system capabilities include electronic portal for online service request reporting, contract management, infrastructure management, maintenance scheduling, service request initiation and tracking, material tracking, historical data collection, and up-to-date reporting for agency informational requirements and billing purposes. All information related to traffic signal service requests will be entered into the system, including type of service, means of call origination, time/date stamp for call origination, field staff arrival time, reporting of site/safety conditions, irregularities, photos (if necessary), investigational information, diagnoses, means of service, tasks performed, material used or installed, work complete, and departure time.
Each of our field staff are required to carry an internet enabled device for dispatch and completion of service requests. Pertinent information collected in the database is available to the technician while in the field. Location maintenance history, repair history and infrastructure information are valuable tools which can assist with investigations and diagnosis of malfunctions. Field technician mobile access to our database also allows for real time logging of all intersection data and task closures.
Other data collected through the Traffic Signal Database can be custom formatted to meet City’s reporting needs and is accessible to City staff at its convenience. At the City’s request, existing historical data can be merged into the system to provide for more detailed and comprehensive reporting. A total monthly activity report by location will be provided for the City’s review in conjunction with the corresponding maintenance billing period. In addition, we will provide to the Public Works representative a detailed report of all pending or outstanding work. This report will be provided on a routine monthly basis or more regularly to meet your requirements and/or preferences.
For examples of our system’s capabilities, see “Sample Traffic Signal Database Reports” in Section H – Attachments. DC Electric would look forward to providing City staff with a full demonstration of our database’s capabilities.
After complete review of the information provided in this proposal, we hope that you consider DC Electric Group, Inc. the most experienced and qualified partner for your Traffic Signal Maintenance program.
114
6 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
C. KEY PERSONNEL
Since traffic signal maintenance is a service, a key qualification when contracting for these services is the quality and experience of the assigned personnel. The employees at DC Electric have successfully maintained hundreds of signalized intersections, and have managed, designed, and/or constructed many tens of millions of dollars’ worth of community-based traffic signal projects. We have earned a strong reputation for consistent and creative problem solving through a solid technical base and exemplary work performance. We have demonstrated our capability in providing exceptional workmanship, flexibility in the field, and the ability to make decisions and act independently while providing field support services. We also focus on maintaining up to date training and knowledge of industry standards, specifications, applicable certifications and continued education in order to continue to serve our clients in the future. We are 100% customer focused and driven to provide the highest quality services to satisfy our customers’ needs.
Below are the proposed key management and field staff for the City of Oakley traffic signal maintenance services.
Dave D'Elicio
CEO
(IMSA Level 3)
Steve Fitzsimons, PE, TE
Consulting Engineer (w-trans)
Jeff Asch
Chief Operating Officer
John Abraham
Regional Manager
(IMSA Level 3)
Justin Calkins
Project Manager
(IMSA Level 3)
Matt Shipp
Foreman
(IMSA Level 2)
Len Swafford
TS & SL Technician
(IMSA Level 2)
Chris Wilson
Traffic Signal Foreman
(IMSA Level 3)
Dave Teicheira
TS & SL Technician
(IMSA Level 2)
Josh Abraham
TS & SL Technician
(IMSA Level 1)
115
7 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Experience of Key Management
DC Electric’s Key Management Team members have a collective experience of over 80 years of direct involvement in the traffic signal maintenance industry in the Bay Area. Don Caramagno, DC Electric’s founder and president is an IMSA Level III certified technician with over 20 years’ experience in traffic signal and street light maintenance and construction throughout the Bay Area. He holds a Class “A” General Engineering and Class “C10” Electrical Contractors license. Jeff Asch has 15 years’ experience in streetlight and traffic signal maintenance and holds Class “B” General Building, Class “C10” Electrical, Class “C31” Construction Zone Traffic Control, and Class “C61/D31” Pole Installation & Maintenance contractors’ licenses.
John Abraham was responsible for the County of Contra Costa’s traffic signal and streetlight maintenance section for more than 20 years, maintaining over 750 signalized intersections for 11 different agencies. He is an IMSA Level III certified technician. As the Regional Manager of our Contra Costa locally based Pacheco office, John Abraham is the assigned project manager, and will be the primary contact for the City. Steve Fitzsimons is a licensed Professional Traffic and Civil Engineer with over 25 years of Bay Area experience in traffic engineering, signal operations, signal timing and coordination, and related transportation design. As a consulting engineer to DC Electric, Steve Fitzsimons is the assigned Professional Traffic and Civil Engineer for this project.
Please see the resumes below for a complete list of qualifications for Key Management Team members.
116
8 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Dave D’Elicio
CEO
• 20+ years local experience in the traffic signal, street lighting, and electrical industry. • 15 years Journeyman Electrician, IBEW Local #551
• D.I.R State Certified General Electrician
• California State License Holder – C-10
• IMSA Certified – Traffic Signal Field Technician Level III • Exceptional training and understanding of electrical theory and its relation to practical application Experience:
▪ Served as the Field Operations Manager for DC Electric for the past 5 years and gained extensive experience managing resources and customer expectations to ensure delivery of high quality services
▪ Extensive knowledge of various types of traffic signal equipment, controller assemblies, and associated electrical component functions. Installation, repair, programming, and general maintenance of total controller assemblies including malfunction management systems, output circuit drivers, and vehicle and pedestrian detectors including inductive loop detection and video detection systems.
▪ Emergency, non-emergency, and preventative maintenance service for the following local municipal clients: City of Emeryville, City of San Rafael, City of Mill Valley, City of Petaluma, City of Rohnert Park, City of Novato, City of Sausalito, Town of San Anselmo, Town of Ross, Town of Corte Madera, and County of Marin.
▪ Industrial electrical design, installation, and repair with expertise in street light and traffic signal infrastructure installations and associated undergrounding. Extensive history in design, installation, programming, and maintenance of commercial energy management systems and smart systems.
117
9 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Jeff Asch, Chief Operating Officer
• 15 years experience in streetlight and traffic signal maintenance, and 26 years of total experience in the electrical industry
• California State License Holder –Class B (General Building); C-10 (Electrical) C-31 (Construction Zone Traffic Control); C-61/D-31 (Pole Installation & Maintenance) • Experienced executive with a proven track record of successfully operating and growing small businesses. Strengths include Operations, Project Development, Project Management, Accounting & Finance, Geographic Expansion, Information Technologies, Legal & Risk Management, and Contract Administration,
• Bachelor of Arts Degree in Government with High Honors, Wesleyan University, Middletown, CT Certificate in Energy Management & Design, Sonoma State University, Rohnert Park, CA Employment:
• DC Electric, Inc. (2015 – Present)
Chief Operating Officer
• Cartelligent (2013 – 2015)
Chief Executive Officer
• Republic Intelligent Transportation Services, Inc. (2002 – 2011) Vice President & Chief Financial Officer (2002 – 2011)
• Northeast Energy Services Company (NORESCO)
Western Region Vice President (2000 – 2002)
Western Regional Manager (1997 – 2000)
Engineering & Project Management (1994 – 1997)
Experience:
▪ At Northeast Energy Services Company, oversaw western regional operations for the premier provider of energy efficiency services, including expansions to central and southern California, Hawaii, and the Pacific Northwest, growing the region from $1M in annual construction to over $30M. Key clients included Pacific Gas & Electric, Southern California Edison, Safeway, Rite-Aid, the County of Los Angeles, the California Army National Guard, as well as smaller cities throughout California. ▪ As the Vice President & Chief Financial Officer of Republic Intelligent Transportation Services, Inc., helped operate the nation’s leading traffic signal and streetlight maintenance services company with 10,000 intersections and over 170,000 streetlights under maintenance. Oversaw the expansion to New England, Southern California, Texas, and Arizona.
▪ As the Chief Operating Officer of DC Electric, Inc. has direct oversight for all operations.
Responsible for all project management, management, and administrative functions such as accounting, fleet management, insurance, risk management, legal, and IT, including the creation and ongoing support for our web-based custom written streetlight and traffic signal work order management system.
118
10 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
John Abraham, Regional Manager
• 33 years of total local experience in the electrical industry • 25 years of experience in the traffic signal and street light maintenance industry • Bachelor of the Arts Degree in Business Management
• IMSA Certified - Work Zone Safety, Traffic Signal Level I, Level II, Level III • Other Certifications – Fiber Optic Technician, Airport Lighting Technician, Crane Operation and Asbestos Abatement
Experience:
▪ Contra Costa County - Lead Electrician of the Traffic Signal Shop maintaining over 750 traffic signals and all street lights within County jurisdiction. ▪ Lead emergency, non-emergency, and preventative maintenance technician for the following local municipal clients for the past 21+ years: Antioch, Brentwood, Clayton, Concord, Danville, Hercules, Martinez, Moraga, Oakley, Orinda, Pinole, Pleasant Hill, and San Pablo.
▪ Extensive operational knowledge of various types of traffic signal equipment, controller assemblies, and associated electrical component functions: 332 & NEMA Cabs, 2070 controllers, 170 & NEMA TS1 and TS2 controllers. Installation, repair, programming and general maintenance of total controller assemblies including malfunction management systems, battery back-up systems, output circuit drivers, vehicle and pedestrian detectors including, magnetometer - based vehicle detection, wireless (Sensys Networks), inductive loop detection, Piezo loop detection, various video detection systems (Iteris, Econolite and Trafficon), emergency vehicle pre-emption systems (Opticom & Emtrac), vehicle and pedestrian indications, red light camera systems and all associated wiring, Installation and repair of traffic calming devices, lighted cross-walk systems, and radar feed-back signs. Expertise in investigation and repair of both standalone systems and coordinated intersections. Development and implementation of signal timing and coordination plans. Installation and troubleshooting of hardwire and wireless telemetry systems, (spread spectrum, etc.).
▪ Repair of electrical, electronic, and microprocessor based equipment to the component level in the Signal Shop.
▪ Fabrication of specialized equipment for testing existing equipment and troubleshooting performance of equipment in the field.
▪ Streetlight maintenance and lighting retrofit projects. ▪ Electrical maintenance of all County facilities including airport lighting, phone/data systems and HVAC/refrigeration maintenance.
▪ Primary contact person for all public agencies within the County. ▪ Specific knowledge of the geography and electrical infrastructure in the East Bay and surrounding areas, including traffic signal and street light maintenance history. ▪ Planning, layout, estimating, purchasing, cost control, scheduling, and personnel management.
▪ In depth understanding of industrial standards, codes, and safety practices. 119
11 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Justin Calkins
ITS Project Manager
• 20+ years in Traffic Signal & Streetlight Maintenance • California State Certified – General Electrician
• IMSA Certified – Workzone Safety, Traffic Signal Field Technician Level I, II & III • Consortium for ITS Training and Education (C.I.T.E) – Traffic Engineering and Operations certification
• ITE - Northern California Section board member 2015-2017 • General knowledge of the geography, history, and technical requirements of the electrical infrastructure system for the Alameda County and surrounding areas. •
Experience:
▪ Traffic Signal Technician for the City of Livermore from June 2002 to November 2011 ▪ Engineering Technician – Aegis ITS, 4 Years
▪ Field Service Representative – Econolite Control Products Inc., 5 Years ▪ Video detection systems installation, configuration and troubleshooting including Autoscope, Iteris, Gridsmart and Trafficon systems
▪ CCTV installation, configuration and operation
▪ Fiber optic and Ethernet over copper cabling and network switch configuration, troubleshooting and repair
▪ Wireless communications equipment installation, configuration and troubleshooting ▪ Installation, modification and repair of NEMA TS-1, TS-2 and 332 cabinets ▪ Controller programming and troubleshooting including Naztec, Econolite, and D4 software platforms
▪ Central system and management and operation including Naztec’s Streetwise and Econolite’s Centracs platforms
▪ Evaluation and adjustment of signal timings and coordination plans ▪ Implementation, testing, and fine tuning of hardware, software and signal timings for Transit Priority systems
120
12 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Steve Fitzsimons, PE, TE at Whitlock & Weinberger Transportation, Inc. 121
13 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Experience of Key Field Staff
A successful traffic signal maintenance program is dependent on the quality of the technical staff in the field. In addition to the key management team members, DC Electric has highly skilled field technicians. DC Electric is an IBEW signatory Union contractor. All of our field technicians have received extensive general electrical training, as well as years of on-the-job training in traffic signal and streetlight maintenance and operations. Our field technicians have International Municipal Signal Association (IMSA) Certifications in Work Zone Safety, Traffic Signal Level I, Traffic Signal Level II, and Traffic Signal Level III. Our team currently maintains more than 22,000 streetlights and 550 signalized intersections for more than 30 different municipal agencies.
It is this level of training and experience that enable DC Electric staff to quickly assess problems in the field, make necessary repairs with a minimum of time and cost, and make decisions independently in the field. Our technical staff know how to perform the work, can perform it safely, and understand their responsibility to public safety and to satisfying constituent and customer needs.
Justin Calkins, IMSA Level III certified Traffic Signal & Streetlight Technician for DC Electric will be the Project Manager assigned to the City’s Traffic Signal Maintenance program. Additionally, the City will have access to all DC Electric technical and field staff as needed to ensure the City’s traffic signal maintenance service needs are met.
DC Electric has reviewed the applicable prevailing wage classifications for this project, and will comply with all prevailing wage requirements, as well as all federal, state, and local wage and labor laws, OSHA requirements, and appropriate safety measures. DC Electric is registered with the California Department of Industrial Relations, DIR#1000003395.
Please see below for resumes of selected DC Electric Field Staff members. 122
14 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Dave Teicheira
Traffic Signal and Street Light Technician
• 6 years local electrical experience
• IBEW Local #1245
• D.I.R State Certified Gerneal Electrician
• IMSA Certified – Work Zone Safety, Traffic Signal Level 2 • Certified in Traffic Control
• Certified Rigger/Signal Person
• Certified Trenching and Excavation
• Cal OSHA 10-Certified
• Aerial Lift Certified
• Certified in Motor Controls and Lighting Controls
• Forklift Certified
Experience:
▪ Contra Costa County – Traffic Signal Construction & Street Light Electrician ▪ Traffic Signal Maintenance, Repair, and Emergency Service. Expert knowledge in Traffic Signal detection systems such as Inductive loops, Video detection. Signal Maintenance Technician for Lafayette, Emeryville, San Pablo, Orinda and the County of Contra Costa. o Experience with installation and repair of Lighted Crosswalk system, Radar signs. ▪ Streetlight Maintenance, Repair, and Emergency Service including the Cities of Emeryville, Lafayette, Orinda, Benicia, San Ramon, and Livermore.
▪ Maintenance of various electrical systems within the County such as:
o Lighting, Data Cabling, Generators, Pump & Motor Controls, Cameras Matt Shipp
Foreman / Traffic Signal and Streetlight Electrician
• 17 years of local municipal experience specific to the traffic signal and electrical industry • 23 years IBEW Local #180 Journeyman Electrician
• D.I.R State Certified General Electrician
• Expert and in-depth knowledge of all aspects of the local electrical infrastructure • Exceptional training and understanding of electrical theory and its relation to practical application.
Experience:
▪ DC Electric Group, Inc. – Traffic Signal Technician in the cities of Oakley, San Pablo, San Ramon, including on call services for the cities of Concord, and Walnut Creek. ▪ Stiney Electric – Electrical Forman specializing in Traffic Signal Installations – 12 Years ▪ Extensive construction knowledge of various types of traffic signal equipment installations of, controller assemblies, and associated electrical components: 332 & NEMA TS1 and TS2 controllers.
Installation, repair, general maintenance of traffic signal hardware including, battery back-up systems, output circuit drivers, vehicle and pedestrian detection including, wireless detection, inductive loop detection, and various video detection systems (Iteris, Econolite and Gridsmart). ▪ Extensive knowledge of street lighting and repair in both parallel and series circuits. 123
15 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Len Swafford
Traffic Signal and Street Light Technician
• 27 years local electrical experience
• 12+ years IBEW Local #302 Journeyman Electrician
• D.I.R State Certified General Electrician
• IMSA Certified – Work Zone Safety, Traffic Signal Level 2 • Certified Rigger/Signal Person
• Certified Transportation Worker
• Certified Fiber Optic Splicer
• Cal OSHA 30-Certified
• Aerial Lift Certified
• Forklift Certified
Experience:
▪ Contra Costa County – Traffic Signal Technician & General Electrician services including the cities of Oakley, Lafayette, Orinda, Emeryville, and the County of Contra Costa. ▪ Streetlight Maintenance, Repair, and Emergency Service including the Cities Emeryville, Lafayette, Orinda, Benicia, and the County of Contra Costa.
▪ Maintenance of various electrical systems within the County such as: Lighting, Data Cabling, Generators, Pump & Motor Controls, Cameras
▪ Maintenance of electrical systems within Chevron & Shell refineries 124
16 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Patrick Madden
Sr. Traffic Signal & Streetlight Technician
• 30 years Journeyman Electrician
• California State Certified – General Electrician
• IMSA Certified – Workzone Safety, Traffic Signal Field Technician Level I, II & III • 14 years local experience in the traffic signal, street lighting industry including maintenance, repair, and on-call emergency services.
• General knowledge of the geography, history, and technical requirements of the electrical infrastructure system for the North Bay and surrounding areas.
Experience:
▪ Senior Traffic Signal Technician, Foreman and Superintendent ▪ Operational knowledge of various types of traffic signal equipment, controller assemblies and associated electrical component functions: 332 & NEMA Cabs, 170 & NEMA TS1, and TS2 controllers. Installation, repair, programming, and general maintenance of total controller assemblies including malfunction management systems, battery back-up systems, output circuit drivers, vehicle and pedestrian detectors including, magnetometer – based vehicle detection, wireless (Sensys Networks), inductive loop detection, Piezo loop detection, various video detection systems (Iteris, Econolite and Trafficon), emergency vehicle pre-emption systems (Opticom & Emtrac), vehicle and pedestrian indications, in pavement warning systems, traffic calming devices, red light camera systems, and all associated wiring.
▪ 10 years experience in complete operations (maintenance, repair and after – hours emergency services) of Traffic Signal infrastructure for the following local municipal agencies:
▪ Cities of Novato, San Rafael, Mill Valley, Larkspur, Sausalito, Rohnert Park, Cotati, Sebastopol, American Canyon, El Cerrito, Benicia, Emeryville and Ukiah. Counties of Marin and Sonoma. Towns of Corte Madera, San Anselmo, Fairfax, Ross, and Windsor. ▪ 10 years experience in complete operations (maintenance, repair and after-hours emergency services) of Streetlight infrastructure for the following local municipal agencies:
▪ El Cerrito, Emeryville, Windsor, Benicia and total inventories for all MGSA agencies (Cities of Novato, San Rafael, Mill Valley, Larkspur, Sausalito and Belvedere. County of Marin, Towns of Corte Madera, San Anselmo, Fairfax, Ross, Tiburon. Community Services Districts, Bel Marin Keys and Marinwood.
▪ On-Call utility locate and marking (USA)
125
17 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Chris Wilson
Traffic Signal and Street Light Technician
• 15 years of local experience in the traffic signal, street lighting, and electrical industry • 11 years Journeyman Electrician, IBEW Local #551
• IBEW Local #551 Apprenticeship Program
• D.I.R State Certified General Electrician
• IMSA Certified – Work Zone Safety, Traffic Signal Level I & Level II • Tower climbing, aerial safety, and rescue training and certification • Anritsu Site Master line sweep certification.
• Andrew Institute EZFIT and Positive Stop Series connectors certification • Specific knowledge of the geography and the electrical infrastructure for the North Bay Area Experience:
▪ Traffic signal and street light maintenance, repair – Journeyman Electrician and Field Superintendent
▪ Extensive knowledge of various types of traffic signal equipment, controller assemblies, and associated electrical component functions. Installation, repair, programming, and general maintenance of total controller assemblies including malfunction management systems, output circuit drivers, and vehicle and pedestrian detectors including inductive loop detection and video detection systems
▪ Expert underground utility location and repair
▪ Emergency, non-emergency, and preventative maintenance service for the following local municipal clients: Cities of Novato, San Rafael, Mill Valley, Larkspur, Sausalito, Rohnert Park, Cotati, Sebastopol, American Canyon, Benicia, Emeryville, Petaluma, and Ukiah. Counties of Marin and Sonoma. Towns of Corte Madera, San Anselmo, Fairfax, Ross and Windsor. 126
18 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Jason Filippi
Traffic Signal and Street Light Technician
• 7 years Journeyman Electrician, IBEW Local #551
• 11 years streetlight maintenance technician for MGSA and surrounding agencies. • IBEW 1245 Apprenticeship Program (4 years)
• 14 years local experience in the electrical construction industry with extensive underground and joint trenching experience for PG&E.
• D.I.R State Certified General Electrician
• IMSA Certified – Work Zone Safety, Traffic Signal Level I & Level II • OSHA 20 / Forklift Certified
• Specific knowledge of the geography and the electrical infrastructure for the North Bay Area Experience:
▪ Street light and traffic signal maintenance, repair – Journeyman Electrician ▪ Extensive knowledge of various types of street light and traffic signal equipment, controller assemblies, and associated electrical component functions. Installation, repair, programming, and general maintenance of total controller assemblies including malfunction management systems, output circuit drivers, and vehicle and pedestrian detectors including inductive loop detection and video detection systems
▪ Emergency, non-emergency, and preventative maintenance service for the following local municipal clients: Cities of Novato, San Rafael, Mill Valley, Larkspur, Sausalito, Rohnert Park, Cotati, Sebastopol, American Canyon, Benicia, Berkeley, Emeryville, and Ukiah. Counties of Marin and Sonoma. Towns of Corte Madera, San Anselmo, Fairfax, Ross, and Windsor. 127
19 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Joshua Abraham
Traffic Signal and Street Light Technician
• Certified in Street Light Controls and Monitoring Systems • IMSA Certified – Work Zone Safety, Traffic Signal Level I • Certification in Traffic Controls
• CPR Certified
• Aerial Lift & Forklift Certified
Experience:
▪ Signal Maintenance Technician for Lafayette, Oakley, Emeryville, Orinda, and San Pablo. ▪ Traffic Signal Maintenance, Repair and Emergency Services. ▪ Streetlight Maintenance, Repair, and Emergency Service including the Cities Emeryville, Lafayette, Orinda, Benicia, and the County of Contra Costa.
▪ Fiber Optic installation and splicing for municipalities throughout the Bay Area ▪ Installation and programming of camera detection systems (Iteris, Gridsmart, Autoscope) ▪ Extensive Experience with MUTCD
128
20 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
D. SCOPE OF SERVICES & APPROACH
Overview of Services & Approach
We offer to execute a comprehensive signal maintenance and emergency repair program that provides performance, reliability and the functional requirements necessary to achieve a high quality of intersection operation at a reasonable cost to the City. Our traffic signal maintenance and emergency repair program is essentially the preventative and responsive activities taken to preserve traffic signal systems, safety lighting systems, and other electronic traffic control systems necessary for the safe and efficient utilization of arterial and local roadways. While enhancing public perception and experience, our program is designed to maximize safety and minimize delay, with an overall reduction in cost and exposure to the City.
Please see “Traffic Signal Intersection Inventory” in Section H - Attachments for the list of intersections and an intersection map of the intersections included in the Scope of Services. The City can modify the inventory of Traffic Signals or other Traffic Devices to be included in the Traffic Signal Maintenance Program at any time by simply notifying DC Electric of the change.
Preventative Maintenance
Routine traffic signal maintenance operations include all of the non-emergency tasks associated with maintaining a fully functional traffic signal system. We will repair, replace, or otherwise render in good working order any and all defective parts of the traffic signal system as directed.
DC Electric will acknowledge all routine service requests and will schedule routine repairs in such a way as to be present each week within the City as directed. Routine repairs will be performed during normal business hours, 7:00am to 3:30pm Monday thru Friday (nationally recognized holidays excepted).
An advanced schedule for all maintenance inspections will be submitted at the inception of the contract for the City’s approval. We shall maintain readily available paper and electronic copies of all preventive maintenance checklists specific to the infrastructure at each location. The full results of traffic signal conflict monitor annual field tests performed will also be provided. All preventative maintenance and repair shall be performed in accordance with applicable codes and standards including but not limited to MUTCD standards, Caltrans Standard Plans & Specifications including Maintenance Standards, the National Electric Code with California Amendments, and City Standards and Specifications (if applicable). For a comprehensive scope of work for Monthly, Quarterly, and Annual preventative maintenance activities, please see “Traffic Signal Routine Preventative Maintenance Program” in Section H - Attachments.
Emergency Response Services
As we realize that time is of the essence when issues of public safety arise, our emergency services are available 24 hours a day and 365 days a year. After a call is placed to our toll free, emergency dispatch line, a local DC Electric technician will be dispatched, arrive with the necessary inventory of required material, and investigate, diagnose, and repair malfunctions while onsite. When responding to an emergency, communication is critical. An open line of communication will be established between the responding technician and appropriate 129
21 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
City/Emergency personnel. If repairs are unable to be made immediately, the area will be made safe and a follow up visit will be made with additional material, manpower, and/or equipment necessary to make the repairs. If additional material, manpower and/or equipment are required to make final repairs, our technician will notify the emergency/safety personnel, Public Works Department, and internal project management team, and make accommodations for final repair.
DC Electric will respond to all requests for emergency services within (1) hour during normal business hours and (2) hours during after-hours from the time of notification by City/Emergency personnel. All after hours emergency response work has a 2 hour minimum charge, and “Overtime” hourly rates apply.
USA Locating & Marking
DC Electric will perform USA locating/marking services (“USA’s”) for traffic signal infrastructure as requested within 48 hours from receipt of USA requests from the City. In addition to using the proper line locating equipment, having a depth of streetlight and traffic signal infrastructure knowledge is essential to performing USA services. DC Electric technicians use industry standard Metrotech line locators and have the years of experience necessary to properly identify and mark traffic signal infrastructure. Successful USA services protect jurisdictions from dig-in liability, and facilitate contractor construction activities. USA’s will be identified on the monthly activity reports, and can be billed separately as needed for separate cost accounting (e.g. to be allocated to a specific construction project). Emergency USA locating/marking can also be provided within normal emergency response times.
Night Checks
In order to maintain system functionality, lighting problems such as IISNS and Safety Light fixture malfunctions must be identified and repaired. Routine maintenance operations primarily rely on 3rd party reporting (police, public works, general public, etc.) of lighting problems (e.g. outages, day burners). However, to achieve high levels of constituent satisfaction, and to manage potential liability, a proactive approach to finding lighting problems is necessary. If requested, DC Electric can perform Night Check services for the City for both your traffic signal and streetlight infrastructure. When DC Electric performs night checks, for each problem found, an “open’ service ticket is entered into our maintenance database system. These “open” tickets are then dispatched to field technicians for repair. Additionally, DC Electric uses GPS tracking software during night checks which create “bread-crumbing” trails during the checking activities.
These GPS tracking files are stored as part of our records management and documentation. GPS tracking files: 1) Provide DC Electric with project quality control, 2) Provide the City with assurance that the checks are properly performed, and 3) Provide an additional level of liability protections by enabling jurisdictions to document proper checking activities For an example of our Night Check Reporting, please see “Sample Traffic Signal Database Reports ” in Section H – Attachments.
Communications
Communication between the traffic signal service provider and City staff is key to overall project success. DC Electric will establish communication protocols as part of our maintenance services. These protocols will clearly identify what information needs to be communicated to which stake-holders and when. DC Electric will work with City staff to assemble the necessary contact information including project management staff, public works, police/sheriff, fire, dispatch, etc., as well as provide a complete set of contact information for DC Electric’s team.
Separately, an Emergency Communications Procedure will be established in the unlikely event 130
22 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
an emergency arises during field operations. Automatic electronic notifications such as email alerts of service activity can be created and customized to meet the City’s needs (See Sample Email Notification in “Sample Traffic Signal Database Reports” in Section H - Attachments).
The communications protocols will ensure that the right City staff will be kept appraised of all DC Electric activities as needed.
As part of the communications program between DC Electric and the City, DC Electric will be available to meet City staff monthly and as needed upon request to review all ongoing maintenance activities including status of open work orders, completed repairs, estimates and proposal for additional work, and any quality control issues. DC Electric will also be available to provide technical advice and support to the City relating to all traffic signal operations and infrastructure.
Reporting
Project reporting is an important part of providing traffic signal maintenance services. DC Electric’s Traffic Signal Database produces complete activity reports by location showing all activities including service tickets that remain “open.” These reports can be customized as needed to meet any specific requirements. DC Electric’s standard is to provide monthly activity reporting of all operations (routine and emergency response). Reporting is based on the calendar month and is accompanied by corresponding invoice(s) for all work performed during the reporting period. Additionally, our Database system automatically segregates all service tickets (and associated costs) using a unique incident number when a 3rd party has potential responsibility. This allows DC Electric to provide all of the necessary supporting information and documentation for a jurisdiction to hold a responsible 3rd party accountable for system damage, and maximize the City’s ability for cost recovery. All reporting activities can be customized and segregated by location/type to meet the City’s requirements.
Recycling and Hazardous Waste
DC Electric intends to segregate waste materials into recyclable materials such as paper packaging and metal and hazardous waste (lamps). DC Electric will ensure 100% recycling of disposed recyclable materials. DC Electric uses certified hazardous waste disposal companies to properly transport, dispose of, and document the disposal of all hazardous lamp material. DC Electric will recycle all materials, properly dispose of all hazardous waste and provide all required documentation to the City upon request.
Other Services/Miscellaneous Improvements
Providing innovative solutions and approaches in support of the City’s vision, budget, and schedule is an integral part of any successful traffic signal infrastructure management plan. We consistently work with our clients to add additional value to the system and ensure the infrastructure is optimized for current needs as well as maximized for future utilization. DC Electric can perform any necessary other services, including building electrical services, as requested by City staff. DC Electric can also perform streetlight and traffic signal improvement projects either on a time and materials basis, or through a letter proposal accepted by City staff.
No work shall proceed without written authorization except in emergencies and/or when the immediate replacement or repairs are required to prevent injury to persons or property damage. 131
23 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
E. CLIENT REFERENCES
Customer Satisfaction & References:
In order to succeed as a traffic signal maintenance company, not only do we have to be expert in traffic signal maintenance, we must also satisfy our customers. From our perspective, successfully completing large construction projects is easy relative to achieving total customer satisfaction year-after-year while performing thousands of routine maintenance tasks for dozens of agencies. It is our mission to provide exceptional service and 100% customer satisfaction. In the traffic signal maintenance industry, there is no better way to judge the quality of a maintenance service provider than by asking their customers. For traffic signal maintenance, emergency response, and repairs where public safety is at issue and the reputation of a municipality is at stake, it is absolutely critical that the City be 100% satisfied with the quality, timeliness, expertise, and level of service provided by your traffic signal maintenance contractor.
This is why DC Electric holds customer satisfaction as the single most important measure of our success. In addition to DC Electric’s staff regularly checking with all of our customers to ensure they are satisfied, we also engage a 3rd party consultant to periodically contact our customers and provide feedback regarding their experience. We are pleased to say that based on the results of our 3rd party interviewing, DC Electric is proud to continually achieve 100% customer satisfaction. DC Electric feels so strongly about customer satisfaction that we have provided reference information below for every agency we perform traffic signal maintenance services. It is easy for a contractor to hand pick 3 positive references. It is much more difficult to have the confidence that every agency we support can act as a positive reference. We encourage you to contact any of them for information about our technical expertise, customer service, and company qualifications.
Agency Contact Contact #: Email
County of Sonoma Joe Pease 707-565-2231 [email protected] County of Marin Reuel Brady 415-473-6525 [email protected] City of San Rafael Bill Guerin 415-485-3110 [email protected] City of Emeryville Ryan O’Connell 510-596-4346 [email protected] City of Mill Valley Andrew Poster 415-384-4848 [email protected] City of Novato Bill Johnson 415-899-8959 [email protected] City of Sausalito Loren Umbertis 415-289-4113 [email protected] Town of Corte Madera Jared Barrilleaux 415-927-5120 [email protected] Town of San Anselmo Sean Condry 415-258-4676 [email protected] Town of Ross Richard Simonitch 415-453-1453 [email protected] City of Berkeley Jesse Peoples 510-981-6416 [email protected] City of Petaluma Jeff Stutsman 707-776-3673 [email protected] Town of Fairfax Tom Bruce 415-453-2587 [email protected] City of Cotati Craig Scott 707-665-3620 [email protected] City of Rohnert Park Tom Kelley 707-304-2880 [email protected] GGNRA Nick Geitner (415) 740-4090 [email protected]
City of Larkspur Bob Quinn 707-246-2152 [email protected] 132
24 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
City of Sebastopol Dante Del Prete 707-823-5331 [email protected] City of Lafayette Mike Moran 925-935-1238 [email protected] City of Benicia Kathi Molinar 707-746-4296 [email protected] Town of Windsor Tod Ceruti 707-536-3489 [email protected] City of Orinda Kevin McCourt 925-253-4251 [email protected] City of Ukiah Rick Seanor 707-463-6296 [email protected] City of San Pablo Mike Lichtle 510-215-3073 [email protected] County of Mendocino Kent Standley 707-463-5795 [email protected] City of Cloverdale Eric Janzen 707-894-1728 [email protected] Contra Costa County Dave Lavelle 925-383-8982 [email protected] City of Healdsburg Jarrod Dericco 707-799-2623 [email protected] City of San Ramon Greg Bender 925-973-2694 [email protected] City of Concord Jeff Rogers 925-671-3108 [email protected] City of Walnut Creek Karlan Larson 925-943-5899 [email protected] City of Livermore Jason Calkins 925-960-8042 [email protected] City of Oakley Billilee Saengchalern 925-625-7154 [email protected] 133
25 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
F. PRICE PROPOSAL FORM
The undersigned proposer hereby offers to preform the required services for the following price(s) in strict compliance with the specifications, terms and conditions set forth in this Request for Proposal.
1. Maintenance Services
Traffic Signal Maintenance Services
Proposal Item No. Qty Unit Rate Total
Amount
Frequency
Annual Cost
(# Per Yr)
Monthly Preventative
Maintenance 46 Per Intersection Per Month $160.04 $7,378.40 12 $88,540.80 Quarterly Preventative
Maintenance 46
Additional Per
Intersection Per
Quarter
$49.50 $2,277.00 4 $9,108.00
Annual Preventative
Maintenance 46
Additional Per
Intersection Per
Year
$148.49 $6,830.54 1 $6,830.54
TOTAL: $104,479.34
Additional Services
Proposal Item No. Qty Unit Rate Total
Amount
Frequency
Annual Cost
(# Per Yr)
Quarterly Arterial
Streetlight Night Checks
and Repairs
1 All Arterial
SL’s per
Quarter
$6,000.00 $6,000.00 4 $24,000.00
Quarterly RRFB & Radar
Feedback Sign
Inspections
36 Per Inspection $75.00 $2,700.00 4 $10,800.00
USA Locate and Marking 1 Per Month $1,200.00 $1,200.00 12 $14,400.00 Traffic Signal Network
Operations and
Maintenance
1 Annual Cost $11,275.00 $11,275.00 1 $11,275.00
134
26 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
2. Labor Rates for Extra Work, As Required
a. Labor cost must reflect prevailing wages.
Labor Category Straight Time
($ per hour)
Overtime
($ per hour)
Journeyman Electrician $139.50 $232.51
Foreman Electrician $178.05 $345.43
Laborer $95.66 $148.80
Night Checker $43.57 $60.17
Engineer $320.74 $449.04
3. Equipment Rates for Extra Work, as Required
Equipment Category $ Per Hour
Bucket Truck $37.86
Crane $107.19
Dump Truck $37.86
Service Truck $37.86
Compressor $34.38
* See Section G: Price Proposal Clarifications & Alternate Pricing 135
27 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
G. PRICE PROPOSAL CLARIFICATIONS & ALTERNATE PRICING
Price Proposal Clarifications
Because the scope of work to perform USA’s can vary greatly, the Per Ticket Rate provided is valid for all USA tickets requiring less than 1 hour to complete. USA Tickets requiring 1 or more hours to complete will be billed at regular hourly rates.
Under Equipment Rates, DC Electric has provided an hourly rate for Crane. There is a minimum 3 hour charge for Crane use.
Servicing Manufacturer’s Warranty: As required by the RFP, DC Electric will coordinate the replacement of defective materials with the City and the manufacturer so as to maximize the City’s ability to receive no cost replacements for defective materials under warranty. However, for all Warranty activities, DC Electric’s standard hourly labor rates shall apply for the removal and replacement of all defective materials under warranty.
Regular Time normal business hours will be 7:00 am to 3:30 pm, Monday thru Friday (excluding nationally recognized holidays). All work during normal business hours has a 1 hour minimum charge. All after hours emergency response work has a 2 hour minimum overtime charge.
DC Electrics hourly rates and standard materials pricing will apply to all time and material activities, unless otherwise agreed upon. For work other than time and material work, DC Electric will provide a written firm fixed (quoted) price proposal which shall be approved in writing by City staff.
Arterial Streetlight Night Checks and Repairs include quarterly night drive and routine repair of outages. Knockdowns, accidents, vandalism and any other non-routine services are not included.
RRFB & Radar Feedback Sign pricing includes quarterly inspections only. Any repairs, replacements or upgrades will be completed on a time and materials basis or per an agreed upon fixed price proposal.
Prices quoted are for the period 7/1/24 thru 6/30/25. Thereafter, prices are subject to Annual CPI Increase once per Fiscal Year, per San Francisco/Oakland Metropolitan Area Consumer Price Index (February-February), as released by the United States Department of Labor on a yearly basis.
All materials used, and all labor associated with repairs would be billed at the contract labor rates and DC Electric’s standard material pricing rates.
136
28 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
H. ATTACHMENTS
TRAFFIC SIGNAL PREVENTATIVE MAINTENANCE PROGRAM
Monthly Preventative Maintenance
1.) Signal Controller Cabinet
a. Test and Check ground fault receptacles(s)
b. Observe the general appearance of the cabinet noting any rust or other signs of deterioration and complete/recommend repair work if needed. c. Inspect door gasket condition and replace if necessary. d. Inspect door lock operations and replace if necessary; operate and inspect ventilation fan and cabinet light (where applicable).
e. Inspect for pests in cabinet and take corrective action if needed. f. Visually inspect all relays, photocells, cabinet locks, cabinet fans, switches and make routine adjustments and repairs as necessary.
g. Measure voltage level at service entrance in cabinet and record, and vacuum and clean controller cabinet and contents.
h. Police Panel Door – Check and test operation of Police Panel Key. i. Remove any signs and tape on cabinet. Report to City staff any graffiti removal needed on cabinets.
2.) Signal Controller & Components
a. Visually inspect signal controller and controller cabinet components for proper operation and recommend repairs/replacements as necessary. b. Check timing on individual signal phases. Notify the City immediately of any operation issue. Only make timing changes if it is a matter of public safety or needed for proper operation of the traffic signal.
c. Check LED’s and operation of load switches, relays, isolators, internal modems, conflict monitors, red flash modules, video detection cards, and preemption cards. d. Video Detection (if applicable) – Check camera view on the monitor and its proper operation.
e. GPS Clocks (if applicable) – Check time and operation of GPS clocks and TOD settings.
3.) Signal Poles, Arms, & Pedestrian Heads
a. Visually inspect all vehicular signal indications for proper operation and replace outages. Replace all burnt out or flickering indications with new LED indications meeting most recent Caltrans Standard Specifications.
b. Walk intersection and visually inspect all signal heads including backplates, visors and indications for proper operation and alignment. Replace all broken parts, align signal heads and adjust all mast arms signs as necessary. Bent visors and backplates shall be replaced.
c. Check that all pedestrian signals are in good condition and aimed properly. Make adjustments as necessary.
d. Adjust all mast arm mounted street name signs as needed. 137
29 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
e. Inspect and tighten all traffic signal mast arm signals heads, and detection cameras as required. Check for tightness, plumb and fade for signs and adjust as needed. f. Check all signal, beacon, and pedestrian indication brackets, framework, and terminal compartments for rust, cracks, and missing parts and perform needed repairs. g. Inspect base of pole near concrete foundations for cracks and loose pole base nuts. h. Pull “Box Lids – visually inspect pull box lids. Replace broken and missing lids. i. Signal Pole caps should be replaced when missing as part of the monthly service. j. Check for any tree limbs that block visibility of the signal heads and notify City staff if tree trimming is needed.
4.) Pedestrian Signals and Push Buttons
a. All new installed /replaced pedestrian signals shall be LED Countdown Full Symbol and meet the most current Caltrans Standard Specifications for pedestrian signals. b. Actuate each button for proper operation. Visually inspect and note condition.
Replace or repair any broken or defective pedestrian push buttons per City standard. c. Check that all audible and tactile pedestrian signals are in good condition, properly positioned (where applicable), and sounds settings are functioning properly and make repairs as needed.
5.) Detector Loops and Video Camera Detection
a. Check the Video Camera Detection connections inside the cabinet to ensure all connections are tight and functional.
b. Check the video detection monitor in the cabinet to ensure its proper function. c. Check loop detector operation and detection cards. Replace when necessary.
6.) Battery Backup Unit
a. Check ground fault receptacle.
b. Check if battery backup system is operable.
c. Observe the general condition of the cabinet, noting any rust or other signs of deterioration.
d. Inspect door gasket
e. Inspect door lock operation, repair if necessary.
f. Operate and inspect ventilation fan and thermostat.
g. Visually inspect UPS controller system, bypass switch, batteries and fan.
Quarterly Preventative Maintenance
a. Check controller cabinet filter and replace when necessary b. Check operation of the fan. Move the fan thermostat setting and determine if fan is operable; return thermostat to proper setting.
c. Visually inspect roadway along loop detectors for possible exposed wires, cracks, and potholes and recommend repairs or replacement as needed. d. Check detector amplifiers and tune if needed.
e. Meg the loop detections.
f. Detector pull box lids – check for cracked and missing lids and replace with new lids. g. Clean pull boxes from any debris, water, etc.
h. Visually check integrity of splices.
i. Check wire schematics and records (including current timing sheet and as-builts) to make sure they are in the cabinet.
j. Check the time setting and match with time sheet on controllers. 138
30 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
k. Clean Opticom detector lenses.
l. Clean video camera lenses.
m. Check interconnected communication operation. Visually inspect cables, antenna, and other hardware and recommend repairs as needed.
n. Night check for safety lighting and IISNS.
Annual Preventative Maintenance Program
a. Vacuum and clean controller cabinets and components. b. Check weatherproof gasket seal on controller cabinets c. Lubricate hinges and lock on controller cabinets
d. Test conflict monitor for proper operation and certify. e. Test battery backup system.
f. Test preemption devices. Check and test operation of preempt devices. g. Test railroad preemption with railroad technician. City to coordinate time and date of inspection.
h. Manually record inspection cate and time in controller cabinet and sent written report of yearly inspection with recommendation to City by intersection.
TRAFFIC SIGNAL INTERSECTION INVENTORY
Intersection List
1. Carpenter Rd & Brown Rd
2. Cypress Rd (East) & Picasso Dr
3. Cypress Rd (East) & Frank Hengel Way
4. Cypress Rd (East) & Emerson Ranch Way/Machado Lane
5. Cypress Rd (East) & Sellers
6. Cypress Rd (East) & Franklin/Delaney
7. Cypress Rd (East) & Bethel Island Rd
8. Cypress Rd (East) & Summerlake Dr
9. Empire Ave & Oakley Rd
10. Empire Ave & Cypress Rd (West)/W Cypress Place
11. Empire Ave & Carpenter Rd
12. Empire Ave & Neroly Rd
13. Empire Ave & Gateway Dr
14. Laurel Rd & Live Oak Ave
15. Laurel Rd & Empire Ave
16. Laurel Rd & Brown Rd
17. Laurel Rd & Mercedes Lane
18. Laurel Rd & O'Hara Ave
19. Laurel Rd & Rose Ave
20. Laurel Rd & Arco Driveway
21. Main St & Neroly/Bridgehead
22. Main St & Live Oak Ave
23. Main St & Big Brake Rd
24. Main St & Carol Lane
139
31 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
25. Main St & Empire Ave/Charles Way
26. Main St & Teakwood Dr
27. Main St & Vintage Pkwy
28. Main St & Norcross Lane
29. Main St & O'Hara Ave
30. Main St & Cypress Rd (East)
31. Main St & Laurel Rd
32. Main St & Simoni Ranch/Malicoat
33. Neroly Rd & Delta De Anza Trail
34. Neroly Rd & O'Hara Ave
35. Neroly Rd & Dynasty Dr
36. Neroly Rd & Brown Rd
37. Neroly Rd & Everlasting Way
38. O'Hara Ave & Cypress Rd (West)
39. O'Hara Ave & Chianti Way
40. O'Hara Ave & Carpenter Rd
41. O’Hara Ave & Gateway
42. Bridgehead Rd & Wilbur Ave
43. Laurel Rd & Safeway Entrance
44. E. Cypress Rd & Knightsen Ave
45. E. Cypress Rd & Broadway St
46. E. Cypress Rd & Jersey Island Rd
140
32 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
RRFB AND RADAR FEEDBACK SIGN QUARTERLY INSPECTIONS
a. Visually inspect signs, poles, LEDs, solar panels, RRFB light bars and any other parts associated with each system
b. Test RRFB push buttons and ensure all light bars are activated and timed properly c. Test Radar Feedback Sign functionality by driving in each approach lane and comparing displayed speed with vehicle speed
RRFB INVENTORY
Major Street Nearest Cross Street
1 Carpenter Amaryllis
2 Carpenter Vineyard
3 Delta Road Crismore Drive
4 Laurel Road Quail Valley Run
5 Main Street 4th Street
6 Main Street 2nd Street
7 O'hara Ave Covered Wagon
8 O'hara Ave Chianti
RADAR FEEDBACK SIGN INVENTORY
Street Location Direction of Traffic
1 Brown Road 100' North of Bus Turn Out Northbound
2 Brown Road At School Driveway Northbound
3 Brown Road At School Driveway Southbound
4 Brown Road 200' South of Lavendar Way Southbound
5 Brownstone 760' East of Silverspur Lane Eastbound
6 Brownstone 1200' West of Main Street Westbound
7 Carpenter 750' West of Rose Avenue Eastbound
8 Carpenter 750' West of Rose Avenue Westbound
9 Charles Way South of Hamburg St. Southbound
10 Charles Way North of Hamburg St. Northbound
11 Empire Avenue South of Hemlock Dr. Northbound
141
33 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
12 Frank Hengel Way South of Ibis Dr. Southbound
13 Laurel Rd. East of Main St. East of Oak Grove Dr. Eastbound 14 Laurel Rd. East of Main St. East of Oak Grove Dr. Westbound 15 Laurel Road 250' East of Bypass Off-Ramp Eastbound
16 Laurel Road In Median at Woodhill Dr. Westbound
17 Live Oak Avenue South of El Lago Dr. Northbound
18 Live Oak Avenue South of Tate Ln. Northbound
19 Live Oak Avenue South of Poco Ln. Southbound
20 Live Oak Avenue South of Sutter St. Southbound
21 Neroly Road 200' E. of O'Hara at School Driveway Westbound 22 Neroly Road West of Brown Rd. Eastbound
23 Picasso Drive South of Vella Cir. Southbound
24 Simoni Ranch Road At Entrance to Gehringer School Westbound 25 Simoni Ranch Road West of Shady Oak Dr. Eastbound
26 Vintage Parkway West of Piper Ln. Westbound
27 Vintage Parkway East of Delta Ranch Rd. Eastbound
28 West Cypress Mellowood Drive Eastbound
29 West Cypress 740' East of Rose Avenue Westbound
142
34 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Map of Intersection Locations
143
35 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
3. SAMPLE TRAFFIC SIGNAL DATABASE REPORTS
Client Access Home Page
New Service Ticket
144
36 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Dispatched Tickets
Email Notification of Ticket Dispatch / Ticket Resolution 145
37 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Ticket Resolution
146
38 City of Oakley, California
Traffic Signal Maintenance Service & USA
DC Electric Group, Inc.
Sample Night Check Reporting
147
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Danielle Navarro, Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with AireSpring for City Telephone and Internet Services for Fiscal Years (FY) 2024/2025 through 2027/2028
Background and Analysis
The City’s existing telephone system is a hosted Private Branch Exchange System, more commonly known as a PBX system, through TelePacific (TPX), delivered via Voice over Internet Protocol (VOIP), which transmits voice traffic over an internet connection also provided by TPX. As both telephone/online communication with the public and the amount of City staff providing services to the public have significantly increased since 2016 when the existing phone and internet services were implemented, the City’s related software, equipment, and internet bandwidth needs have changed, which have resulted in rising costs.
A representative from TPX contacted the City Manager’s Office at the beginning of FY 2023/2024 to discuss services and costs as the agreement would be ending in February 2024. Staff communicated with TPX numerous times virtually and via email regarding the City’s needs and the rising costs, as well as the internet service disruptions the City experienced over the last calendar year. While considering whether to implement redundant internet services to assist with the service disruptions, the City’s Managed Service Provider (contract IT service provider) recommended a global business systems consultant and broker at T2 Advisors, who specializes in telephone and internet services.
T2 Advisors provides government agencies with telecommunications service evaluations and quotes at no charge to the agency. The City engaged with T2 Advisors while continuing to communicate with TPX. The T2 Advisors consultant/broker evaluated the City’s invoices from TPX, provided quotes comparing TPX’s costs to AireSpring, Momentum and Nextiva, and determined that the City could contract with AireSpring for a lower rate for all new equipment, set-up and maintenance with the same internet bandwidth, keeping virtual fax machines and the ability to receive phone messages via email, and adding software such as a softphone application (mimicking a desk phone on the computer screen) to improve staff efficiency.
The City is currently paying an average of $4,355.09 per month for internet and phone services (excluding other charges, taxes and fees) through TPX. AireSpring’s comparable service is proposed to cost $2,759.88 per month and will not require the installation of new internet lines. New telephone handsets are included in the proposed cost.
Approved and
Forwarded to the
City Council
148
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Consistency with the Oakley Strategic Plan 27+
The analysis and implementation of technology improvements is consistent with both the Oakley Strategic Plan 27+ Finance and Fiscal Responsibility and Sustainable Organization goals.
Fiscal Impact
The proposed contract with AireSpring is for $2,759.88 per month plus taxes and surcharges for a three-year term. This is approximately $19,143 less per year than the existing contract with TPX. The cost for the initial year is included in the proposed FY 2024/2025 budget.
Staff Recommendation
Staff recommends the City Council adopt the proposed resolution authorizing the City Manager to execute an agreement with AireSpring after the adoption of the FY 2024/2025 Budget by the City Council.
Attachments
1. Proposed Resolution
2. AireSpring Proposal
149
RESOLUTION NO. X-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AIRESPRING FOR CITY TELEPHONE AND INTERNET SERVICES FOR FISCAL YEARS 2024/25 THROUGH 2027/28
WHEREAS, the City executed a contract with TelePacific (TPX) in 2016 for the City’s existing telephone service transmitted through an internet connection also provided by TPX; and
WHEREAS, the City has experienced service outages and customer service delays with TPX that, combined with the rising costs, prompted staff to engage with a global business systems consultant and broker to provide a free evaluation of services and costs before the contract expired in February 2024; and
WHEREAS, the broker provided the City with three quotes for comparable telecommunications services and the proposal by AireSpring was determined to be the best option for the City.
BE IT RESOLVED by the City Council of the City of Oakley that the City Manager is authorized to execute an agreement with AireSpring for City telephone and internet services for Fiscal Years 2024/25 through 2027/28 for a base cost before other charges, taxes, and fees, of $2,759.88 per month.
PASSED, APPROVED AND ADOPTED this11th day of June 2024 by the following vote.
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ________
Libby Vreonis, City Clerk Date
150
Qty Unit NRC Total MRC Total NRC
5 $0.00 $75.00 $0.00
74 $0.00 $1,406.00 $0.00
1 $0.00 $6.00 $0.00
1 $0.00 $34.00 $0.00
3 $0.00 $210.00 $0.00
74 $0.00 FREE $0.00
5 $0.00 $85.00 $0.00
2 $0.00 $22.00 $0.00
1 $0.00 FREE $0.00
2 $0.00 $64.00 $0.00
1 $0.00 $17.00 $0.00
1 $0.00 FREE $0.00
1 $0.00 FREE $0.00
1 $0.00 FREE $0.00
74 $0.00 FREE $0.00
74 $0.00 FREE $0.00
74 $0.00 FREE $0.00
$1,919.00 $0.00
1 $125.88 $0.00
1 $715.00 $0.00
$840.88 $0.00
$2,759.88 $0.00
Company: CITY OF OAKLEY Quote: 1124685543
Agent: Claude Trusty Date: 05/17/2024
Expires: 06/23/2024
Oakley - 3231 MAIN ST, OAKLEY CA 94561-3147 (925-625)
Proposal: 361101-001
Description Unit MRC
Cloud Business Phone System - Business Seat - 3-Year Term $15.00 Cloud Business Phone System - Enterprise Seat - 3-Year Term $19.00 Automatic Call Recording - 3-Year Term $6.00
24-Port Gigabit Managed Switch (PoE) - 3-Year Rental Term $34.00 48-Port Gigabit Managed Switch (PoE) - 3-Year Rental Term $70.00 IP Phone - Poly VVX 250 - 3-Year Term $225.00
IP Phone - Poly Trio 8300 - 3-Year Rental Term $17.00
Poly 40 Key Expansion Module - 3-Year Rental Term $11.00 Professional On-Site Installation $300.00
AT&T POTS Replacement Lines - 3-Year Term $32.00
AT&T POTS Replacement Device - 3-Year Term $17.00
AT&T POTS Replacement On-Site Professional Installation $300.00 AIreMonitor, AireAlert and AireAutomate FREE
AIreControl Customer Portal for 360° Complete Visibility and FREE Dedicated AireFAX Number $5.00
MaX UC Desktop $5.00
MaX UC Mobile $5.00
Services Subtotal
Qty Connectivity | 3-Year Term Total MRC Total NRC
Internet Gig Ethernet - 500 Mb/s - Loop - AT&T
Internet Gig Ethernet - 500 Mb/s - Port
Connectivity Subtotal
Location Total
All orders are subject to engineering, pricing and facilities verification.
Minimum of $250 MRC per account.
Notes: 3-year discounted phones may not exceed the number of 3-year seats selected. Customer may only order phones of the same brand.
Unless indicated, phones do not include a power supply.
Total For All Locations
Monthly Fee: $2,759.88 One-Time Fee: $0.00
151
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Authorizing the Amendment for the Irrigation Well Installation at the City’s Freedom Basin Project – Capital Improvement Project (CIP) Number 265 to cover the cost for the PG&E Electric Service Application and Amendment No. 1 to the contract with Martell Water Systems, Inc. for additional costs for the well construction Background and Analysis
The City has used the water from an irrigation well that is owned and operated by Liberty Union High School District (LUHSD) located at Freedom High School to irrigate the City’s Freedom Basin. This field is the heaviest field used by an assortment of leagues for sporting activities in Oakley.
There have been numerous breakdowns of this school district well and its pump system each year. The result of these breakdowns has caused damage to the turf and landscaping that cannot be irrigated in the hot summer months, by not providing the massive amount of irrigation water needed for this field. After several years of trying to fix the broken well and pump system at the LUHSD site, it was determined to be in the best interest of the City to construct a new well on City property that will be operated and maintained by the City to irrigate Freedom Basin.
On October 11, 2022, the City Council awarded a contract in the amount of $209,575 to Martell Water Systems, Inc. to construct a new well on City property at Freedom Basin to provide the stable water that is needed to irrigate this field and its landscaping.
The construction of this project started in early 2023 and has been progressing while working to minimize impact to the various recreational activities at Freedom Basin. During this construction, staff have been working with PG&E to bring electricity to the site for this new well. With PG&E requirements and standards changing, it has necessitated modifications to the project’s electrical and pump system, and the actual location of the well from its original planned site next to O’Hara Avenue, to the area on the west side of the Freedom Basin, which has resulted in increased costs.
Additionally, the relocation of the well has presented unforeseen complications, requiring adjustments to the infrastructure for the power supply. This included extended trenching to the new well site, which amounts to $20,400.00, installation of additional electrical wires in the amount of $22,332.00, and an upgraded electrical panel totaling $13,512.00, to accommodate the revised layout of our PG&E electrical connection. Well drilling and casing construction costs also increased to $16,295.98.
Approved and
Forwarded to the
City Council
152
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Considering these additional expenses, the overall contract price with Martell Water Systems, Inc. has increased from the original estimate of $209,575.00 plus the additional cost of $72,539.98 to a new estimate of $282,114.98.
The overall budget for this project is $400,000 that is funded from both the Public Facilities and Park Impact fee Funds. To complete the project, it is requested that the City Council authorize an amendment for the Irrigation Well Installation at the City’s Freedom Basin Project to cover the unforeseen costs that have been encountered during the construction of this project by approving an amendment to the contract for Martell Water Systems, Inc. an additional $72,539.98 as well as $61,799.71 for additional PG&E application costs.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
There is sufficient funding in the budget to cover the cost of these amendments.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the contract amendment and authorizing payment to PG&E for the Irrigation Well Installation at the City's Freedom Basin Project.
Attachments
Attachment 1 - Resolution
Attachment 2 – PG&E Invoice
Attachment 3 – Martell Water Systems, Inc. - Amendment No. 1 Proposal 153
Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A CONTRACT AMENDMENT FOR MARTELL WATER SYSTEMS, INC. RELATED TO CAPITAL IMPROVEMENT PROJECT NUMBER 265 – IRRIGATION WELL INSTALLATION AT CITY’S FREEDOM BASIN PROJECT AND AUTHORIZING
PAYMENT TO PG&E
WHEREAS, as part of the Fiscal Year 2022/23 Budget, the City of Oakley approved a Capital Improvement Program (CIP); and
WHEREAS, on October 11, 2022, by adopting Resolution Number 111-22 City Council awarded a construction contract to Martell Water Systems, Inc. for construction of Irrigation Well at City’s Freedom Basin, CIP No. 265 for the not to exceed amount of $209,575; and
WHEREAS, the construction of this project has been underway since then, and due to PG&E requirements, the electrical and mechanical component of the project needs to be upgraded in addition to the added cost for PG&E to provide electricity to the site; and WHEREAS, an additional $69,799.71 is needed for expenses related to the PG&E service application, as well as an additional $72,539.98 for a contract amendment to the Martell Water Systems, Inc. contract for additional services.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the contract for CIP No. 265 is amended for the above referenced items and the City Manager is authorized to execute said amendment to the contract Amendment for Martell Water Systems, Inc. and authorize payment to PG&E.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Anissa Williams, Mayor
ATTEST:
____________________ _______________________
Libby Vreonis, City Clerk Date
154
155
156
157
158
159
160
161
STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Derek Cole, City Attorney
SUBJECT: Adopt a Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (portions of APN 034-090-022, located at Laurel Road and O’Hara Avenue)
Background and Analysis
At the City Councils regular meeting on February 27, 2024, the City Council authorized the execution of a Purchase and Sale Agreement in which the owners of portions of property needed for the widening of Laurel Road and OHara Venue (CIP 280) are selling the property to the City. The parties are in escrow.
The proposed action is a formality California law requires when a public agency accepts a deed to real property. The Council is required by resolution to authorize a City officer to accept a deed. To this end, the proposed resolution authorizes the City Manager to accept the deed for the referenced parcels. This acceptance must be presented to the Contra Costa County Recorder for purpose of recording the grant deed for the transaction.
Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with The City’s Sustainable Organization Goal.
Fiscal Impact
The City Council has previously authorized the sale of the referenced parcels. There is no additional cost associated with the acceptance of the parcel deeds.
Staff Recommendation
The City Council is requested to adopt the Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests.
Attachments
1. Proposed Resolution Accepting Real Property
Approved and
Forwarded to the
City Council
162
Resolution No. XX-24 Page 1 of 4
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING A
GRANT DEED CONVEYING TO THE CITY OF OAKLEY CERTAIN REAL
PROPERTY INTERESTS
WHEREAS, California Government Code Section 27281 provides that deeds or grants conveying an interest in fee or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance; and, WHEREAS, certain real property interests have been presented to the City of Oakley (hereinafter "City") for acceptance; and,
WHEREAS, the real property interests are set forth in a grant deed, attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter "Deed"); and, WHEREAS, Exhibit "A" also sets forth the names of the grantor(s) of the real property interests as well as the location of the real property interests; and WHEREAS, the owner(s) of the real property interest described in Exhibit "A" have offered to convey to the City the real property interests therein; and WHEREAS, the City Council of the City of Oakley does hereby find and determine that it is in the best interests of the City to accept the Deed.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley hereby finds and directs as follows:
1. The foregoing recitals are true and correct.
2. The Deed, which is described in Exhibit "A," is hereby accepted by the City Council.
3. The City Manager is hereby authorized to sign the Certificate of Acceptance for said property in the form attached to this Resolution.
4. The City Clerk is hereby authorized and directed to cause the Deed to be recorded in the Office of the County Recorder for the County of Contra Costa. 163
Resolution No. XX-24 Page 2 of 4
PASSED AND ADOPTED by the City Council of the City of Oakley this 11th day of June, 2024 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
___________________ ___________________
Libby Vreonis, City Clerk Date
164
Resolution No. XX-24 Page 3 of 4
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the grant deed dated [insert] from [insert names of sellers], to The City of Oakley, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Oakley, a municipal corporation, pursuant to authority conferred by Resolution No. XX-24 of the City Council of the City of Oakley, adopted on June ____, 2024, and the City of Oakley consents to recordation thereof by its duly authorized officer.
Dated: By:
Joshua McMurray
City Manager
165
Resolution No. XX-24 Page 4 of 4
EXHIBIT A
166
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Request for Approval of a Proclamation for a Future Agenda – (Wound Care Awareness Month)
Background and Analysis
On August 9, 2022, the Oakley City Council approved a proclamation policy. In accordance with the policy, the Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to the policy and are on a pre-approved list adopted by the City Council. Proclamations not on the list may be submitted and brought forth to the City Council for consideration. The attached proclamation is not on the pre-approved list; therefore, approval is requested.
Consistency with the Oakley Strategic Plan 27+
Council engagement with community partners is consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+.
Fiscal Impact
None.
Staff Recommendation
Staff recommends that the City Council review the requested proclamation and either approve or deny.
Attachments
1. Proclamation Request Form
2. Sample Proclamation (Wound Care Awareness Month)
Approved and
Forwarded to the
City Council
167
OFFICE OF THE CITY CLERK
PROCLAMATION REQUEST FORM
Time of event
State Zip
Proclamations are public announcements or recognitions directing attention to local residents, organizations or events.
Proclamations are not statements of policy. The Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to these guidelines and are among the proclamations approved on the attached list. Proclamations can be sent to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Mayor’s discretion. Proclamations not included on the attached list may be submitted and brought forth to the City Council for consideration. Proclamations approved by the City Council are authorized to be added to the approved list without further City Council action. Requests for proclamations should be submitted at least Thirty (30) Days in advance Date of Request
Date needed
Event Location
Requestor Name
Organization
Address
City
Email Phone
Please specify below whether you would like the proclamation mailed to you or if you will accept in person Name of the person who will be in attendance at the Meeting to accept the proclamation ___________________________ If no-one will be in attendance would you like the proclamation mailed to you yes(inc mailing address below) no Mailing Address_______________________________________________________________________________ A brief history of the organization or a description of the purpose, goals, motto or theme of the event is required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times, are required to be included.
A sample proclamation is highly recommended to expedite the process.
You may also submit requests to:
City of Oakley
City Clerk’s Office
3231 Main Street | Oakley, CA 94561
phone: (925) 625-7000| fax: (925) 625-9859
city [email protected]
168
WOUND CARE AWARNESS MONTH
WHEREAS, it is es?mated that that 7 million people currently live with chronic wounds and that number is expected to grow at more than two percent over the next decade. The rising incidence is fueled by an aging popula?on and increasing rates of diseases and condi?ons such as diabetes, obesity, and the late effects of radia?on therapy; and
WHEREAS, untreated chronic wounds can lead to diminished quality of life and possibly amputa?on of the affected limb. The chronic wound epidemic represents a cost of more than $50 billion to the healthcare system; and
WHEREAS, more than 30.3 million people (9.4% percent of popula?on) have diabetes in the United States (US) and almost two million of those people will develop a diabe?c foot ulcer or other nonhealing wound. Su? er Delta Advanced Wound Care aims to prevent amputa?ons and heal pa?ents in a faster and more cost-effec?ve way; and
WHEREAS, Su? er Delta Advanced Wound Care physicians and health care providers take great pride in caring for their pa?ents, and seeing their pa?ents succeed; and WHEREAS, awareness and educa?on about chronic wounds will benefit current and future chronic wound pa?ents. The goal of Wound Care Awareness Month is to inform pa?ents, their families, community physicians, and the general public about the importance of advanced wound care and its ability to save lives and limbs.
169
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
Kevin Valente, Contract Planner, Raney Planning & Management, Inc.
SUBJECT: Live Oak Industrial Park (TM 09-23, DR 07-23) – Request for approval of a Tentative Map (TM 09-23) for condominium purposes and Design Review (DR 07-23) for the construction of eight warehouses. APN -037- 100-065.
Summary
The applicant, Stonegate Associates, LLC (“Applicant”) is requesting approval of: 1) a Tentative Map (TM 09-23) (Subdivision 9686) for condominium purposes and to subdivide the project site into four separate parcels; and 2) Design Review (DR 07-23) for floor plans, elevations, colors and materials detail, preliminary site plan, and conceptual landscape plans for eight, 8,000-square-foot (sf) warehouse buildings with associated site improvements including parking, utilities, landscaping, and storm water treatment (“Project”). Each warehouse building would include two suites consisting of 3,775 sf of warehouse space, an office and a bathroom. The 4.66-acre project site is located at 5400 Live Oak Avenue, southeast of the intersection of Main Street and Live Oak Avenue. The project site is zoned LI (Light Industrial) District. (APN 037-100-065).
Background
GENERAL PLAN
Light Industrial (LI) – This designation provides for limited fabrication, manufacturing, processing, packaging, and assembling uses; wholesale, distribution, warehousing, and storage uses; vehicle and machinery repair; research and development; industrial parks; public/semi-public uses and similar and compatible uses. Heavy industrial uses that emit significant amounts of smoke, noise, light and/or pollutants are not allowed.
Uses that are incompatible with residential uses due to noise, vibration, or other characteristics are not permitted in locations that may impact existing or future residential development. Wherever possible, uses should be combined in development projects that incorporate various uses to minimize travel and transport for goods and services related to and required to support the industrial use. This designation allows for a 0.25 to 0.67 Floor Area Ratio (FAR), 50 percent maximum lot coverage, and a 50-foot maximum building height.
Approved and Forwarded
to the City Council
170
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US ZONING
LI (Light Industrial) District - The purpose of the LI District is to provide designated areas for limited manufacturing and other light industrial uses within the City of Oakley, which are compatible with business parks and adjacent residential areas. Permitted uses in the LI District include, but are not limited to, auto garages, building contractor’s yards, warehouses and industrial uses which do not necessarily require or use steam generated on the premises as a prime power for the manufacturing process carried on, or extensive loading docks or similar facilities for the receiving or shipment of raw, semifinished or finished products (Excerpt from Oakley Municipal Code [OMC] Section
9.1.602).
EXISTING CONDITIONS AND SURROUNDING LAND USES
The project site is located at 5400 Live Oak Avenue, which consists of one parcel (APN 037-100-065) southeast of the intersection of Main Street and Live Oak Avenue (see Figure1). The project site is an approximately 4.66-acre vacant site.
The project site is surrounded by undeveloped land to the north; a UPS Center to the south; a Senior Apartment complex to the east; and storage yards to the west, across Live Oak Avenue.
Figure 1. Project site and surrounding properties (Google Earth,April 2024) 171
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US PLANNING COMMISSION PUBLIC HEARING (MAY 7, 0224)
On May 7, 2024, the Oakley Planning Commission held a public hearing on the project. City staff presented the staff report and described the proposed project details. Staff and the project applicant answered general project questions from the Commission. After discussions, the Oakley Planning Commission recommended the City Council approve the project titled, “Live Oak Industrial Park (TM 09-23, DR 07- 23),” as conditioned.
Project Description
TENTATIVE MAP (TM 09-23) – SUBDIVISION 9686
The proposed project would result in the subdivision of an approximately 4.66-acre property into four separate parcels, Lot 1 (1.0 acre), Lot 2 (1.2 acres), Lot 3 (1.0 acre), and Lot 4 (1.2 acres) (see Figure 2). The Tentative Map approval is also required for condominium purposes, as each proposed warehouse building will include two separate suites. Although this project includes a condominium component, the purpose is for commercial/light industrial tenant spaces and the project would not result in residential units. Approximately 0.18 acre will be dedicated to the City along Live Oak Avenue for additional right-of-way and approximately 0.4 acre will be used for on-site drainage.
Figure 2. Tentative Map (Live Oak Investors, February 2024) 172
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US DESIGN REVIEW (DR 07-23)
As part of the Design Review application, the applicant has provided the warehouse floor plans, architecture, color schemes, and landscaping plans. The layout of the proposed warehouses includes two suites each, with each suite or tenant space including an office and a bathroom. The project includes two building types (Building Type A and Building Type B). Figure 3 below shows the proposed elevations per the Applicant’s Plans.
Conceptual Landscape Plan
The landscaping plan submitted as part of the application packet shows the proposed landscaping. The project includes new street trees along Live Oak Avenue with shrubs and ground cover in the front setback. The parking lot also includes a central landscape planter with trees for parking lot shading, as well as, shrubs and ground cover. Several trees are also included in the drainage area located along the eastern project site boundary. All proposed landscaping would be required to comply with the State’s Model Water Efficient Landscape Ordinance (MWELO). The street frontage improvements and dedication would match what UPS was required to do for the adjacent parcel to the south. The existing chain-link fence located along the southern property line and the existing masonry wall located along the east property Figure 3. Elevations per Applicant’s Plans (Live Oak Investors, February 2024) Building Type A
Building Type B
173
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US line will remain. The existing chain-link fence adjacent to the existing City basin will be extended along the entirety of the north property line as part of the proposed project.
Environmental Review
CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
A Notice of Exemption (“NOE”) has been prepared for this project pursuant to the California Environmental Quality Act (“CEQA”). The NOE states the proposed project is exempt from further environmental review under CEQA due to the project meeting criterion for a categorical exemption.
The proposed project qualifies for exemption under CEQA Guidelines Section 15332, In-Fill Development Projects because the project is consistent with the General Plan land use designation and zoning district, the project site is less than five acres and is substantially surrounded by urban uses, and would not result in any significant effects relating to traffic, noise, air quality, water quality, or habitat for endangered, rare or threatened species. The project site can also be adequately served by all required utilities and public services.
It should be noted that a traffic memo was prepared to ensure consistency with the City of Oakley Traffic Impact Analysis Guidelines, which states that the preparation of a focused analysis is not required if the proposed project is expected to generate fewer than 100 net new peak hour trips. The traffic memo determined the proposed project would generate 11 trips during the AM peak hour and 12 trips during the PM peak hour. In addition, the proposed site access and on-site circulation would function acceptably for emergency response vehicles.
HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN This project is subject to the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP” or “HCP Plan”). Projects that are subject to the HCP Plan are required to submit a Planning Survey Report (“PSR”) as part of the project application. The contents of the PSR help guide the project through compliance with both the California and Federal Endangered Species Act by assuming presence of certain plant and animal species, and requiring additional surveys to be done prior to any ground disturbance. In addition, whether species are found or not, the project must pay development impact fees for each acre, or fraction thereof, of disturbed land not already considered “urban” under the HCP Plan. Those development impact fees are used to help create, install, and maintain habitat outside of the Urban Limit Line, as well as administer the HCP Plan. 174
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Analysis
TENTATIVE MAP
The Tentative Map (“TM”) (Subdivision 9686) has been reviewed against all applicable codes including the Subdivision Map Act, General Plan, and the Zoning Ordinance. The proposed TM meets lot and yard requirements established in Sections 9.1.602 (e) and (f). Pursuant to Section 66426 of the Subdivision Map Act, a TM is required for all subdivisions creating five of more condominiums as defined in Section 783 of the California Civil Code. The proposed project includes the subdivision of an approximately 4.66-acre property into four separate parcels, Lot 1 (1.0 acre), Lot 2 (1.2 acres), Lot 3 (1.0 acre), and Lot 4 (1.2 acres) for the development of eight 8,000-square-foot warehouse buildings. Each warehouse building would include two suites or tenant spaces consisting of 3,775 square feet of warehouse space, an office, and bathroom. The approval of the requested TM for condominium purposes would allow the future individual sale of all 16 proposed warehouse suites or tenant spaces.
The site is physically suitable for the project in that it is accessible, not physically constrained, and it is also able to accommodate the proposed use and intensity of development in a manner consistent with the underlying land use designation. The light industrial building is not expected to result in any serious public health problems. Staff recommends approval of the proposed TM application.
Staff recommends the City Council approve the proposed Tentative Map, as conditioned.
DESIGN REVIEW
Analysis for Design Review refers to the Standards for Review as laid out in OMC Section 9.1.1604 (f), which looks at site planning, architecture, landscaping and site elements, and streetscapes. With these standards in mind, the proposed plans were analyzed for consistency with the adopted City of Oakley Commercial and Industrial Design Guidelines.
Building Siting
Entry and roll-up doors would be constructed on the north and south elevations of the buildings, with vehicle parking in the center of the site. Table 1 summarizes the proposed setbacks versus the required setbacks for the LI zoning designation as established in Section 9.1.602(f) of the OMC.
175
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 7
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Table 1. Proposed Project’s Compliances with LI District Development Standards Min. Lot Size
(sf.)
Front Yard
Setback (ft.)
Rear Setback
(ft.)
Aggregate Width of
Side Yard (ft.)
Project 43,560 26 87 50
LI District 7,500 10 0 10
Architectural Character
The architectural character and design of the proposed building meets several of the Oakley Commercial and Industrial Design Guidelines. The proposed building exterior would include painted metal exterior siding with decorative stone veneer with fabric awnings to emphasize entryways for a pedestrian scale and would not include the use of excessively reflective or glare-producing materials. The color scheme and architectural style of the proposed building would also complement the existing surrounding uses. The proposed warehouse buildings include a maximum height of 27’-8”, which does not exceed the maximum height requirement in the LI district of 50’.
Landscaping and Site Elements
As discussed above, landscaping will be provided along Live Oak Avenue, within the front setback, and throughout the parking area for parking lot shading. Landscaping consisting of trees, shrubs, and groundcover would be located along Live Oak Avenue and throughout the parking lot and drainage area. Pursuant to the OMC, the proposed project includes 17.9 percent of landscaping exceeding the minimum 15 percent requirement. In addition, Section 9.1.1402 of the OMC requires one vehicle parking space for each one thousand square feet of gross area. As a result, the proposed project is required to provide a minimum of 64 vehicle parking spaces including three ADA spaces, 10 electric vehicle (EV) capable spaces, and three electric vehicle charging stations (EVCS). The proposed project includes 80 vehicle parking spaces including four ADA spaces, 17 EV spaces and four EVCS. In addition, the proposed project includes two trash enclosures that match the architectural character of the proposed warehouse buildings.
Furthermore, the project also includes a drainage management area (DMA) located at the eastern end of the property. The proposed DMA would be designed according to the criteria in the Contra Costa Clean Water Program Stormwater C3 Guidebook to treat stormwater on the project site prior to discharge into the City’s stormwater system. Detailed lighting plans have been provided, illustrating compliance with the Oakley Commercial and Industrial Design Guidelines.
176
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 8
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Streetscapes
The proposed building would be visible looking east from Live Oak Avenue. The nearest major intersection to the project site is the intersection of Live Oak Avenue and Main Street, approximately 700 feet to the north. Thus, the project is not located at a highlighted intersection, major community entry, or district entry. Additionally, the project includes new street trees along Live Oak Avenue, which would enhance the existing streetscape and entry into the project site.
Staff recommends the City Council approve the proposed Design Review application, as conditioned.
Findings
Draft findings for the Tentative Map and Design Review can be found in the proposed resolution.
Consistency with the Oakley Strategic Plan 27+
The project is consistent with the Oakley Strategic Plan 27+’s Community and Economic Development Goal in that it results in new light industrial development that provides for additional square footage resulting in alternative revenue sources to property tax through sales and business taxes and potential employment of residents.
Fiscal Impact
The approval of these entitlements will not impact the General Fund. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account and paid for by the developer.
Staff Recommendation
Staff recommends the City Council adopt the proposed resolution approving the project titled, “Live Oak Industrial Park Project” (TM 09-23, DR 07-23),” as conditioned.
Attachments
1. Vicinity Map
2. Notice of Public Hearing
3. Planning Commission Resolution 8-24
4. Applicant’s Plans
5. Proposed Resolution
177
NOTICE OF PUBLIC HEARING
Notice is hereby given that on June 11, 2024 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an application for a Tentative Map and Design Review as described below:
Project Name: Live Oak Industrial Park Project (TM 09-23, DR 07-23).
Project Location: 5400 Live Oak Avenue, Oakley, CA 94561. APN 037-100-065.
Applicant: Colt Alvernaz, 130 Julia Loop, Danville, CA 94506. ([email protected]) Request: Application by Colt Alvernaz (“Applicant”) requesting approval of: 1) a Tentative Map (TM 09-23) for condominium purposes and to subdivide approximately 4.66 acres into four parcels ranging from approximately 1.0 acre to 1.2 acres; and 2) Design Review (DR 07-23) for floor plans, elevations, colors and materials detail, preliminary site plan, and conceptual landscape plans (“Project”) for the eight proposed warehouses buildings. The eight proposed 8,000-square-foot warehouses each include two suites consisting of 3,775 square feet of warehouse space, an office, and bathroom. The project also includes associated site improvements including parking, utilities, landscaping, and storm water treatment. The project site is located at 5400 Live Oak Avenue and is zoned LI (Light Industrial) District. (APN: 037-100-065).
How to Review: The Staff Report and its attachments will be available for public review, on or before June 5, 2024 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the June 11, 2024 City Council agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Ken Strelo, Community Development Director at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 178
Vicinity Map
Live Oak Industrial Park Tentative Map (TM 09-23) and Design Review (DR 07-23) APN: 037-100-065
Source: Google Maps
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
BUILDING 1 BUILDING 3 BUILDING 4 BUILDING 5 BUILDING 6 BUILDING 2 BUILDING 8 BUILDING 7 LIVE OAK AVENUE 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK VICINITY MAP DESIGN REVIEW & TENTATIVE MAP LIVE OAK INDUSTRIAL PARK CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA G0.0 TITLE SHEET PROPERTY INFORMAION CONTACTS SITE ILLUSTRATIVE SITE PLAN Sheet Number Sheet Title STREET VIEW ABBREVIATIONS LEGEND SHEET LIST PROPOSED DESCRIPTION EXISTING 200
BUILDING 1 TYPE A 8,000 sf BUILDING 3 TYPE A 8,000 SF BUILDING 4 TYPE B 8,000 SF BUILDING 5 TYPE B 8,000 SF BUILDING 6 TYPE B 8,000 SF BUILDING 7 TYPE B 8,000 SF BUILDING 8 TYPE B 8,000 SF BUILDING 2 TYPE B 8,000 SF LIVE OAK AVENUE APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) EX LAND USE: VACANT (VINEYARD) EX ZONING: GENERAL COMMERCIAL APN: 037-100-034 (CITY OF OAKLEY) EX LAND USE: REGIONAL DETENTION BASIN EX ZONING: PUBLIC APN: 037-100-057
(59 CAROL LN LP)
EX LAND USE: MULTI-FAMILY RESIDENTIAL
EX ZONING: M-17 MULTI-FAMILY APN:037-100-073 (LADEIRA) EX LAND USE: LIGHT INDUSTRIAL EX ZONING: LIGHT INDUSTRIAL INFILTRATION BASIN EVC EVC EV EVH H EVC HV HV EVC EVC EV EV HV EVC EVC EVC EVC EVC EVC EVC EVC EVC EVC EVC 80 79 78 77 76 75 74 73 72 71 70 69 68 66 65 64 63 62 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 41 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 67 14 C C C C C C C C C C A0.0 SITE PLAN 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK CONSTRUCTION NOTES NO. DESCRIPTION DEVELOPMENT STATISTICS PARKING LEGEND # 201
130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK A0.1 SITE PERSPECTIVE 202
203
204
205
130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK MATERIALS REPRESENTATIVE IMAGERY A2.0 COLORS, MATERIALS & IMAGERY SITE PLAN REPRESENTATIVE IMAGERY COLOR CHART INSULATED PANEL MATERIAL METAL PANEL MATERIAL ELEVATION NOTES NO. DESCRIPTION STONE FACADE 206
APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) APN: 037-100-034 (CITY OF OAKLEY) APN: 037-100-057
(59 CAROL LN LP) APN:037-100-073 (LADEIRA) APN: 037-100-026 PARCEL ONE (2006-244896) (STONEGATE ASSOCIATES, LLC) LIVE OAK AVENUE LOT 1 LOT 4 LOT 2 LOT 3 UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 13 UNIT 14 UNIT 15 UNIT 16 UNIT 6 UNIT 7 UNIT 8 UNIT 9 UNIT 10 UNIT 11 UNIT 12 UNIT 5 LIVE OAK AVENUE C0.0 TENTATIVE SUBDIVISION MAP 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK TENTATIVE SUBDIVISION MAP FOR CONDOMINIUM PURPOSES LIVE OAK INDUSTRIAL PARK CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA PROJECT NOTES: EASEMENT NOTES: LEGEND PROPOSED DESCRIPTION EXISTING ABBREVIATIONS CONTACTS SUBD 9686 SUBD 9686 207
LIVE OAK AVENUE APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) APN: 037-100-034 (CITY OF OAKLEY) APN: 037-100-057
(59 CAROL LN LP) APN:037-100-073 (LADEIRA) APN: 037-100-026 PARCEL ONE (2006-244896) (STONEGATE ASSOCIATES, LLC) 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK C1.0 EXISTING CONDITIONS 208
LIVE OAK AVENUE APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) APN: 037-100-034 (CITY OF OAKLEY) APN: 037-100-057
(59 CAROL LN LP) APN:037-100-073 (LADEIRA)DD D D BUILDING 1 BUILDING 3 BUILDING 4 BUILDING 5 BUILDING 6 BUILDING 2 BUILDING 8 BUILDING 7 INFILTRATION BASIN FF 32.00 PAD 31.0 FF 31.00 PAD 30.0 FF 30.00 PAD 29.0 FF 29.00 PAD 28.0 FF 28.00 PAD 27.0 FF 29.00 PAD 28.0 FF 30.00 PAD 29.0 FF 31.00 PAD 30.0 A- SECTION A APN: 037-100-034 (DETENTION BASIN) LIVE OAK INDUSTRIAL PARK 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK C2.0 PRELIMINARY GRADING PLAN ESTIMATED EARTHWORK QUANTITIES ITEMS CUT (CY) FILL (CY) 209
LIVE OAK AVENUE APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) APN: 037-100-034 (CITY OF OAKLEY) APN: 037-100-057
(59 CAROL LN LP) APN:037-100-073 (LADEIRA)DD D D BUILDING 1 BUILDING 3 BUILDING 4 BUILDING 5 BUILDING 6 BUILDING 2 BUILDING 8 BUILDING 7 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK C3.0 PRELIMINARY UTILITY PLAN WATER NOTES DESCRIPTION SANITARY SEWER NOTES DESCRIPTION STORM DRAIN NOTES DESCRIPTION DRY UTILITY NOTES DESCRIPTION 210
LIVE OAK AVENUE APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) APN: 037-100-034 (CITY OF OAKLEY) APN: 037-100-057
(59 CAROL LN LP) APN:037-100-073 (LADEIRA)DD D D BUILDING 1 BUILDING 3 BUILDING 4 BUILDING 5 BUILDING 6 BUILDING 2 BUILDING 8 BUILDING 7 INFILTRATION BASIN A- SECTION A INFILTRATION BASIN DETAIL 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK C4.0 PRELIMINARY STORMWATER CONTROL PLAN DMA #5 LEGEND: IMP #5 EXISTING SITE NOTES: DMA #1 DMA #2 IMP #1 211
LIVE OAK AVENUE APN: 037-100-066 (STONEGATE ASSOCIATES, LLC) APN: 037-100-034 (CITY OF OAKLEY) APN: 037-100-057
(59 CAROL LN LP) APN:037-100-073 (LADEIRA) BUILDING 1 BUILDING 3 BUILDING 4 BUILDING 5 BUILDING 6 BUILDING 2 BUILDING 8 BUILDING 7 INFILTRATION BASIN 130 JULIA LOOP DANVILLE, CA 94506 PH: 209.985.2658 CONTACT: COLT ALVERNAZ EMAIL: [email protected] No. Date Description
DESIGN REVIEW & TENTATIVE MAP
LIVE OAK AVENUE
CITY OF OAKLEY, CALIFORNIA SCALE DRAWN C. ALVERNAZ CHECKED C. ALVERNAZ ISSUE 2ND PLN SUB ISSUE DATE FEBRUARY 2024 AC JOB NO. 23001 Revisions: SHEET DESCRIPTION LIVE OAK INDUSTRIAL PARK C5.0 PHOTOMETRIC PLAN PARKING LOT LIGHT SPECIFICATION BUILDING LIGHT SPECIFICATION LEGEND:
212
DD D D Proposed Building Proposed Building Proposed Building Proposed Building Proposed Building Proposed Building Proposed Building Proposed Building Live Oak Ave. 0 20 40 60 L1
Preliminary Landscape
Plan L Linda Fish
Landscape Architect NDSC LA DESNECI LTCEIT HC AR APEOF ETATS IA NR FO CALIM. F AD IN L 6434 # ISH Signature Renewal Date Date Sheet Number: Drawn: Date: Scale:LF1"=20-'0" 1-5-24 Revisions: Live Oak Industrial Park
APN: 037-100-065
5400 Live Oak Avenue
Oakley, CA 94561
N.
[email protected]
(209) 656-7177 1-31-25 1-5-24
PLA #4346 Planting Notes: 1. Before beginning work, Contractor shall inspect the site. If any conditions existing that differ from what is shown on the plans and will affect Contractor's work, notify the owner or Landscape Architect immediately. 2. When fine grading, Contractor is to be sure that water cannot pool against buildings or fences. If this or other drainage problem exists, use drainage structures (catch basins, perforated pipe, etc.) as necessary to eliminate the problem. 3. Contractor shall furnish the City and owner with a A05-2/WELO landscape soils report, from Waypoint Analytical (714) 282-8777 in Anaheim or equal. Contractor is to follow the recommendations in accordance with the Model Water Efficiency Landscape Ordinance. All landscape areas are to be amended with compost (9 yards per 1,000 square feet, or approximately 3" deep) before planting. Rototill all planting areas at least 9" deep. 4. Weed and weed seeds, both existing and potential, are to be addressed at all planting areas. Contractor to use a pre-emergent herbicide throughout the entire project area. All additives and herbicides selected must be safe for animals and young children. If any concerns arise, Contractor is to bring them to the attention of the Landscape Architect or Owner. 5. Contractor to submit 2 photos of each plant (photo of entire plant, plus close-up of plant tag) to the Landscape Architect for approval prior to installation. 8. Install linear root barriers at each tree within 8' of a paved surface. Use 10 lineal feet (five 24" wide panels) of 24" deep DeepRoot panels, or equal, centered on tree, per manufacturer's instructions, at each edge of paved surface. The root barrier is to to be installed linear against the curb or walk at 1" below adjacent finished grades. The gap between the barrier and paved surface shall be backfilled with soil. 9. Contractor to verify quantities listed. Plant quantities are provided as a convenience only. If there is a discrepancy between the quantities provided and what is shown on the plans, then Contractor is to refer to the plans. 10. Add fertilizer tablets (Agriform or similar) to each tree or shrub when planting in the following quantities: 1 gallon - 1 tablet, 5 gallon - 3 tablets, 15 gallon - 10 tablets, 24" box - 15 tablets 11. The backfill mix for tree and shrub pits must use the following: 1 part compost to 2 parts native soil. 12. Contractor to place small, brown bark mulch, 3" deep, in all planting areas. Owner and Landscape Architect to approve bark mulch sample prior to purchase and installation. 13. Contractor is responsible to ensure that all plant containers will not be treated as waste. Containers should be returned to a nursery or may be recycled. Plant tags are to be recycled when possible. 14. Contractor is responsible to notify the City prior to work commencement and to set up an inspection schedule. 15. Contractor is to maintain all landscape work for 60 days after the landscape has been accepted by the City of Oakley. 16. All work is to be guaranteed by the installing Contractor for one (1) full calendar year after acceptance by Owner unless specified otherwise. Parking Shade Calculations: 30'-35' TREES 100% - (9) @ 962 SF = 8,658 SF 75% - (0) @ 722 SF = 0 SF 50% - (7) @ 481 SF = 3,367 SF 25% - (0) @ 240 SF = 0 SF 30'-35' TREE SHADE TOTAL = 12,025 SF TOTAL PARKING AREA* = 13,680 SF TOTAL SHADE AREA = 12,025 SF SHADE % PROVIDED = 88% SF *Parking area is based on 80 spaces that are 9'x19'. SYMBOL BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS QTY TREES Acer rubrum `October Glory` October Glory Red Maple 24" Box per plan M 9 Lagerstroemia indica x fauriei 'Muskogee' Muskogee Crape Myrtle 24" Box per plan L 5 Pistacia chinensis `Keith Davey` Keith Davey Chinese Pistache 24" Box per plan L 8 Platanus x acerifolia `Columbia` London Plane Tree 24" Box per plan M 5 Ulmus parvifolia Lacebark Elm 24" Box per plan M 7 Planting Legend: SYMBOL BOTANICAL NAME COMMON NAME SIZE SPACING WUCOLS QTY SHRUBS Cistus x pulverulentus 'Sunset' Sunset Rockrose 5 gal. 8` L 88 Coprosma petriei 'Verde Vista' Verde Vista Mirror Plant 1 gal. 4` L 94 Dianella revoluta `DR5000` TM Little Rev Flax Lily 1 gal. 3.5` L 145 Muhlenbergia capillaris 'Lenca' Regal Mist® Pink Muhly Grass 5 gal. 4` L 73 Olea europaea `Little Ollie` TM Little Ollie Olive 5 gal. 5.5` VL 71 Parthenocissus tricuspidata `Veitchii` Boston Ivy 1 gal. per plan M 4 Tulbaghia violacea 'Silver Lace' Silver Lace Society Garlic 1 gal. 2` L 16 GROUND COVERS Biofiltration Hydroseed Native Bioswale Seed Mixture seed L 17,884 sf Myoporum parvifolium Trailing Myoporum 1 gal. 4` L 388 213
Resolution No. -24 Page 1 of 20 June 11, 2024
RESOLUTION NO. -24
A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKING FINDINGS
AND APPROVING THE PROJECT KNOWN AS LIVE OAK INDUSTRIAL PARK TENTATIVE MAP (TM 09-23) (SUBDIVISION 9686) AND DESIGN REVIEW (DR 07- 23) APN 037-100-065
WHEREAS, in July 2023, Colt Alvernaz of Live Oak Investors (“Applicant”) filed an application requesting approval of: 1) a Tentative Map (TM 09-23) (Subdivision 9686) subdividing approximately 4.66 acres into four Parcels, as well as, for condominium purposes for the proposed 16 warehouse tenant spaces; and 2) Design Review (DR 07- 23) for floor plans, elevations, colors, preliminary site plan, and conceptual landscape plans for eight 8,000-square-foot warehouse buildings (“Project”). Each warehouse building includes two suites consisting of 3,775 square feet of warehouse space, an office, and bathroom. The project site is located at 5400 Live Oak Avenue, Oakley, CA 94561 and is zoned LI (Light Industrial) District. (APN 037-100-065); and WHEREAS, on April 2, 2024 the project application was deemed complete per Government Code section 65920 et. seq; and
WHEREAS, pursuant to Section 66426 of the Subdivision Map Act, a tentative map is required for all subdivisions creating five of more condominiums as defined in Section 783 of the California Civil Code; and
WHEREAS, the project is designated as Light Industrial (LI) in the Oakley General Plan, and zoned LI (Light Industrial) District; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), this project qualified for an exemption under CEQA Guidelines Section 15332, In-Fill Development Projects. The City of Oakley prepared a Draft Notice of Exception (“NOE”) which concluded that the proposed projected is exempt from further environmental review; and
WHEREAS, on May 7, 2024, the Planning Commission held a duly noticed public hearing on the project at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission held a vote and adopted Planning Commission Resolution No. 8-24 recommending the City Council approve the project, as revised by the Planning Commission during its deliberations; and
WHEREAS, on or before May 31, 2024, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to all 214
Resolution No. -24 Page 2 of 20 June 11, 2024
owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and
WHEREAS, on June 11, 2024, the City Council opened the public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution to approve the project; and WHEREAS, these Findings are based on the City’s General Plan and the City’s Zoning Ordinance, and the information submitted to the City Council at its June 11, 2024 meeting, both written and oral, as reflected in the minutes of such meetings, together with the documents contained in the file for the Project (hereafter the “Record”).
NOW, THEREFORE, BE IT RESOLVED THAT, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the project:
A. The Project’s Notice of Exemption (NOE) was prepared in accordance with CEQA Guidelines and is recommended to be adopted by the City Council in conjunction with the Project’s Tentative Map (TM 09-23), and Design Review (DR 07-23) approvals.
B. In regard to the application requesting approval of Tentative Map (TM 09-23) (Subdivision 9686) to subdivide approximately 4.66 acres into four parcels, Lot 1 (1.0 acre), Lot 2 (1.2 acres), Lot 3 (1.0 acre), and Lot 4 (1.2 acres), and condominium purposes for the proposed 16 warehouse tenant spaces, the City Council finds that:
1. The proposed Tentative Map (“TM”), together with the provisions of its design and improvements, is consistent with the Zoning Ordinance, and applicable portions of the Ligh Industrial General Plan Land Use Designation, and the TM is consistent with the LI District and all development regulations, such as required yard setbacks and minimum lot sizes; and
2. The site is physically suitable for the project in that it is accessible, not physically constrained other than the reduction in net developable acres due to right of way dedication and onsite stormwater retention basin, is similar to surrounding light industrial developed projects, and it is also able to accommodate the proposed development in a manner consistent with the underlying land use designation; and
3. The site is physically suitable for the proposed use consistent with the project’s LI District, and public roads to access the proposed warehouse buildings; and
215
Resolution No. -24 Page 3 of 20 June 11, 2024
4. The design of the proposed project and type of improvements are not likely to cause serious public health problems in that the proposed project consists of eight 8,000-square-foot light industrial warehouses, each with two suites or tenant spaces. Construction and grading of the project are subject to building or grading permits, and violations of any such permits are subject to appropriate enforcement; and
5. Public improvements are proposed and conditioned to occur as a result of the proposed project, which is a benefit to the public and surrounding property owners of the vicinity; and
6. The design of the proposed project and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed project.
C. In regard to the application requesting approval of Design Review (DR 07-23), the City Council finds that:
1. The proposed Design Review plans are consistent with the applicable General Plan designation of LI and the project’s TM and LI District zoning; and
2. The Architectural Character of the proposed warehouses are consistent with the applicable City of Oakley Design Guidelines in that a variety of materials and architectural styles are used including painted metal exterior siding with decorative stone veneer and would not include the use of excessively reflective or glare-producing materials.
D. The project complies with Measure J Growth Management requirements.
BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the City Council approves of the Applicant’s request for approval of a Tentative Map (TM 09-23) and Design Review (DR 07-23), subject to the following Conditions of Approval:
Conditions of Approval
Applicant shall comply with the requirements of the Oakley Municipal Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the application received by the Planning Division dated July 13, 2023, as well as additional information acquired since that time and made part of the project file.
THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE CONSTRUCTION OF THE BUILDING’S ON EITHER PARCEL UNLESS OTHERWISE NOTED:
216
Resolution No. -24 Page 4 of 20 June 11, 2024
PLANNING DIVISION CONDITIONS OF APPROVAL
General:
1. The Tentative Map (TM 09-23) and (DR 07-23) are approved, as shown on the revised plans, date received by the Planning Division on February 13, 2024, and as modified by the following conditions of approval, subject to final review and approval by the Community Development Director.
2. These approvals shall be effectuated within a period of three (3) years from the effective date of the related Tentative Map approval by recording a final map and if not effectuated shall expire on that same date three years later. Prior to the expiration date, the applicant may apply for a Tentative Map Extension pursuant to the provisions of the Zoning Code and Subdivision Map Act, which would include extension of the related Design Review approval.
3. All construction drawings submitted for plan check shall be in substantial compliance with the plans presented to and approved by the City Council on June 11, 2024.
4. All conditions of approval shall be satisfied by the owner/developer. All costs associated with compliance with the conditions shall be at the owner/developer’s expense.
5. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday, and shall be prohibited on City, State and Federal Holidays. The restrictions on allowed working days and times may be modified on prior written approval by the Community Development Director.
6. Should archaeological materials be uncovered during grading, trenching or other on- site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. If the remains are determined to be that of Native American origin, procedures will be guided by California PRC 5097 through California’s Native American Heritage Commission.
7. The applicant shall comply with all mitigation measures contained within the HCP Planning Survey Report for the Project, per the review and approval of the Community Development Director.
8. The applicant shall indemnify, defend, and hold harmless the City of Oakley, the City Approving Authorities, and the officers, agents, and employees of the City 217
Resolution No. -24 Page 5 of 20 June 11, 2024
from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).
Landscaping:
9. The final landscape plan shall include all trees as shown on the conceptual landscape plans approved with the project. Modifications to the species, size, or location of the trees is subject to the review and approval of the Community Development Director and City Engineer. It is the responsibility of the applicant to plan utilities, joint trenches, and other improvements that could interfere with placement of trees in a manner to allow the trees to be planted without conflict to those other improvements.
10.A landscaping and irrigation plan for all landscaping shall conform to the Oakley Water Efficient Landscape Ordinance and the Guidelines for Implementation of the City of Oakley Water Efficient Landscape Ordinance and shall be installed prior to final occupancy. The plan shall be prepared by a licensed landscape architect and shall be certified in compliance with the City’s Water Conservation Ordinance.
11.California native drought tolerant plants shall be used as much as possible. All trees shall be a mix of fifteen-gallon and 24” box; all shrubs shall be a minimum five-gallon size, except as otherwise noted.
12.All landscaped areas not covered by shrubs or groundcover shall be covered with bark or acceptable alternative as reviewed and approved by the Community Development Director. On slopes greater than 3 to 1, the applicant shall use an alternative to bark per the review and approval of the Community Development Director. Areas covered with bark shall use a weed barrier.
Architectural Character:
13.Any CMU walls, such as landscape retaining walls, shall use colored (i.e., nongrey) split-face CMU for all publicly and privately visible portions of the wall.
14.Anti-graffiti techniques shall be used on any masonry walls or fences.
Streetscapes:
15.Where a lot/parcel is located within 300’ of a high voltage electric transmission line, the applicant shall record the following notice:
“The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually 218
Resolution No. -24 Page 6 of 20 June 11, 2024
cause adverse health effects can be resolved, the basis for such a hypothesis is established. At this time, no risk assessment has been made.” When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report.
16.The following statements shall be recorded at the County Recorder’s Office for each parcel to notify future owners of the parcels that they own property in an agricultural area:
“This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust or blowing sand; crop dusting and spraying occurring regularly; burning associated with agricultural activities; noise associated with farm equipment such as zon guns and aerial crop dusting and certain animals, including equestrian trails as well as flies may exist on surrounding properties. This statement is again, notification that this is part of the agricultural way of life in the open space areas of the City of Oakley and you should be fully aware of this at the time of purchase.” Waste Management Plan:
17.The applicant shall submit a Waste Management Plan that complies with the City of Oakley Construction and Demolition Debris Recycling Ordinance.
BUILDING DIVISION CONDITIONS OF APPROVAL
18.Plans shall meet the currently adopted Uniform Codes as well as the newest T-24 Energy Requirements per the State of California Energy Commission. To confirm the most recently adopted codes please contact the Building Division at (925) 625 – 7005.
19.An Automatic Life Safety Sprinkler System shall be required in all new construction pursuant to Ordinance 22-06. The Automatic Life Safety Sprinkler Systems in commercial and industrial buildings shall be designed and installed to the standards and requirements found in the most recent version of the NFPA (National Fire Protection Association). Automatic Life Safety Sprinkler Systems in hotels and apartments shall be installed to the stands and requirements found in the most recent version of the NFPA, Standard 13R.
20.Prior to requesting a Certificate of Occupancy or final approval from the Building Division, all Conditions of Approval required for occupancy must be completed.
When the Community Development Department/Planning Division and Public Works and Engineering Department place Conditions of Approval on the project, those respective departments/divisions will sign off on the project prior to the 219
Resolution No. -24 Page 7 of 20 June 11, 2024
request for a Building division final inspection. Similarly, if the Health Department and/or Fire Department reviewed and approved the original plans, those departments must sign off on the project prior to the request for a final inspection by the Building Division.
PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF AN ENCROACHMENT AND/OR GRADING PERMIT:
21.GENERAL. All public improvements shall be made according to the latest adopted City Standard Drawings and Specifications. All work shall conform to the applicable City ordinances. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued.
The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.
All conditions of approval shall be satisfied by the owner(s)/developer(s). All costs associated with compliance with the conditions shall be at the owner(s)/developer(s)’s expense.
22.ENCROACHMENT PERMIT. All work in the public right-of-way, including any blockage or partial closure of sidewalks will require an Encroachment Permit.
Special provisions such as limitations on work hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
23.GRADING PERMIT. All earthwork must comply with the City’s Grading Ordinance.
A Grading Permit must be issued by the public works department prior to site disturbance.
24.PUBLIC WORKS INSPECTIONS. The developer or their representative shall notify the Engineering Inspector at least forty-eight (48) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all improvements in approved plans. Failure to do so will result in rejection of work that was completed without inspection.
25.PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall:
a) Along with the project applicant, attend a pre-construction meeting with the City Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters.
220
Resolution No. -24 Page 8 of 20 June 11, 2024
b) Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction.
26.CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer.
27.EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the State SMARTS system for projects disturbing more than one acre and obtain a WDID number. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, City standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall comply with applicable measures contained in the City of Oakley’s NPDES Permit.
28.DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites to ensure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer, or at least once a day.
Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept daily during the workweek to the satisfaction of the City. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
221
Resolution No. -24 Page 9 of 20 June 11, 2024
29.FIRE CONTROL. The project developer shall keep the site free of fire hazards from the start of construction until final inspection. The plan must adhere to the satisfaction of the Contra Costa Fire District.
30.SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up daily. Mud, silt, concrete, and other construction debris SHALL NOT be washed into the City’s storm drains. Construction entrances must be in place per the Erosion Control Plan.
31.TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Public Works Department to develop a traffic control plan per the current California MUTCD. This plan will include, but not be limited to, the following measures:
a) Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b) Flag persons shall be placed at locations necessary to control one-way traffic flow, if required. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c) Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation and lane closures on main arterial and collector streets, and will be permitted only between the hours of 8:30AM to 2:30PM on M, T, TH & F. 8:30AM to 12:00PM on W.
d) The traffic control plan shall be reviewed for compliance with the project’s Haul Route, approved by the City of Oakley.
e) A full road closure will require a detour plan and a road closure permit issued by the Public Works Department.
32.CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. The public street shall not be used for any construction related activities, including parking for workers and storage of vehicles.
33.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised 222
Resolution No. -24 Page 10 of 20 June 11, 2024
pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Public Works & Engineering Inspector and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
34.SIDEWALK REPAIR. The developer shall repair and replace to existing City standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing color, texture, and design, and shall be constructed per City Standard Details. The limits of sidewalk repair will be determined by the Public Works Inspector during the construction phase of the project.
35.CURB AND GUTTER. The developer shall repair and replace to existing City standards any curb and gutter damaged now or during construction of this project.
New curb and gutter shall be constructed per City Standard Details. The limits of curb and gutter repair will be determined by the Public Works Inspector during the construction phase of the project.
36.CONSTRUCTION NOISE. Between the hours of 7:30 a.m. to 5:30 p.m., weekdays and 9:00 a.m. to 5:30 p.m. weekends and holidays, construction, alteration, or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. Pickup and delivery of materials and equipment is restricted to the hours listed above unless prior written approval is obtained by the Public Works Department.
37.GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of all job-related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the City performing the required maintenance at the developer's expense.
38.SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction.
223
Resolution No. -24 Page 11 of 20 June 11, 2024
39.TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit.
40.EASEMENTS. Owner/Applicant/Developer shall provide copy of recorded Grant of Easements and/or land acquisitions and duly executed rights of entry for all permanent and temporary construction of improvements required for the project and shall fully comply with their requirements.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE GRADING PLAN:
41.EXISTING WELLS. All abandoned or inactive wells on the subject site shall be destroyed in accordance with the required abandonment wells standards by the agencies responsible for the wells. Provide documentation that any gas wells located onsite have been abandoned per regulations.
42.GEOLOGY AND SOIL MITIGATION MEASURES. A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections.
The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. All recommendations of the investigation shall be incorporated into project plans. One copy of the geologic report shall be submitted with the grading permit and public improvement application. Prior to issuance of any permit, the applicant’s soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations. The applicant’s soils engineer’s approval shall then be conveyed to the City either by letter or by signing the plans.
43.GRADING.
a) Grade any slopes with a vertical height of four (4) feet or more at a slope of 3H to 1V. Retaining walls that may be installed to reduce the slope must be masonry and comply with the City’s building code.
b) Retaining wall or other suitable option acceptable by the City Engineer is required where the grade differential between property or adjacent lots are greater than 6”. Retaining walls are required to be identified on the grading plans and shall have a note stating a separate building permit is required for retaining wall greater than four (4) feet in height, measured from the bottom of footing to top of wall.
224
Resolution No. -24 Page 12 of 20 June 11, 2024
c) At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet to the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with their name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall always be kept current and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the City Engineer. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.
d) Submit a Haul Route Plan to the City Engineer for review and approval prior to importing or exporting any material from the site. The plan shall include the location of the borrow or fill area, the proposed haul routes, the estimated number and frequency of trips, and the proposed schedule of hauling. Based on this plan, the City Engineer shall determine whether pavement condition surveys must be conducted along the proposed haul routes to determine what impacts the trucking activities may have. The project proponents shall be responsible for repairing to their pre-construction condition any roads along the utilized routes.
e) Prior to commencement of any site work that will result in a land disturbance of one acre or more, the applicant shall provide evidence to the City Engineer that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be a copy of the Notice of Intent Letter sent by the State Water Resources Control Board. The WDID Number shall be shown on the grading plan prior to approval by the City Engineer. f) The burying of any construction debris is prohibited on construction sites.
44.NPDES – NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
Comply with all rules, regulations and procedures of the NPDES for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, the Regional Water Quality Control Board (Central Valley – Region IV), including the Stormwater C.3 requirements as detailed in the Guidebook available at www.cccleanwater.org
Compliance shall include developing long-term best management practices (BMP’s) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMP’s in accordance with the Contra Costa Clean Water Program for the site’s storm water drainage.
225
Resolution No. -24 Page 13 of 20 June 11, 2024
Offer pavers for household driveways and/or walkways as an option to buyers. Minimize the amount of directly connected impervious surface area. Delineate all storm drains with “No Dumping, Drains to the Delta” permanent metal markers per City Standards.
Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter.
Distribute public information items regarding the Clean Water Program to buyers. Other alternatives as approved by the City Engineer.
Prepare an Operations and Maintenance Manual for the project’s storm water control measures.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE IMPROVEMENT PLAN:
45.PUBLIC IMPROVEMENTS. Construct the project streets within public right of way to City public road standards and as shown on the Tentative Map with the following exceptions:
a) The minimum street grade may be lowered from the standard 1% to 0.75% provided that the project proponent demonstrates that the City’s drainage standards can be achieved.
b) Submit a turning radius exhibit to the City Engineer for review and approval to illustrate that the ninety-degree turns of project entrance can accommodate the largest expected vehicle to use the streets without the inclusion of City standard elbows. If the exhibit illustrates that elbows are necessary to accommodate the expected traffic, then they shall be included in the improvement plans. Provide a minimum outside turning radius of 45 feet and a minimum inside turning radius of 28 feet within each cul-de-sac or knuckle. Show truck turning radius for garbage truck for garbage pickup. Please provide narrative on how this process will be handled for private roadways and alleys. If the applicant can receive Contra County Fire District approval, they may use the 42 foot outside turning radius as allowed in the ECCSP.
46.PRIVATE IMPROVEMENTS. Private onsite improvement plans shall be prepared by a California registered civil engineer, reviewed, and approved by the City.
47.ROADWAY IMPROVEMENTS. The following improvements shall be installed by the developer as shown on the Tentative Map. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed, and approved by the City, to the satisfaction of the City Engineer.
a) Design and construct the roadway frontage improvements along Live Oak Avenue including full pavement section, curb, gutter and sidewalk, signing & striping, and public street landscaping in accordance with the latest adopted 226
Resolution No. -24 Page 14 of 20 June 11, 2024
City Standard Drawings and Specifications in a manner so the proposed right of way dedication and roadway section shall match the existing right of way and roadway section to the south, to the satisfaction of the City Engineer. b) Transition pavement markings as required to conform to the existing Live Oak Avenue roadway geometry beyond the project’s frontage.
48.DRAINAGE IMPROVEMENTS.
a) Collect and convey all stormwater entering and /or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility that conveys the storm waters to an adequate natural watercourse.
b) Submit a final hydrology and hydraulic report including 10-year and 100-year frequency event calculations for the proposed drainage system and stormwater basins to the City Engineer for review and approval. The report shall include an analysis of the downstream storm drain facilities to confirm adequate capacity exists to convey post construction flows. The report must include a narrative that describes the project’s proposed overland release for storm water runoff. In the event of a failure of the project’s storm drain system, the overland release path shall convey storm water runoff to a public street right-of-way or drainage channel. All structure finished floor elevations shall be designed to be a minimum of 12 inches above the 100-year storm elevation or at the overland release elevation.
c) Design and construct all storm drainage facilities in compliance with the Municipal Code and City design standards.
d) Prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner.
e) Dedicate a public drainage easement over the drainage system that conveys storm water run-off from public streets.
f) On-site parking area and driveways shall not surface drain across public sidewalk or driveway aprons.
49.SIGHT DISTANCE EXHIBIT. For the project driveways’ ingress and egress, provide an exhibit that will analyze the sight distance required for the appropriate speed limit identified with this project as required by the City Engineer.
50.DESIGN CHANGES. The Applicant's registered Engineer shall notify the City Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall 227
Resolution No. -24 Page 15 of 20 June 11, 2024
be subject to the approval of the City before altered work is started. A plan revision must be submitted for approval by the City Engineer.
51.JOINT TRENCH PLANS. The applicant shall submit Joint Trench Composite Plans to the City for review prior to approval of improvement plans or recordation of the final map. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG&E stating that public streetlight billing will be per Rule LS2A, and that private lights shall be metered with billing to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.
52.UTILITIES & UNDERGROUNDING.
a) Underground all new and existing utility distribution facilities per City of Oakley code section Title 6 Chapter 8 Underground Utility Districts. b) All utility boxes shall be installed underground, and all wires and cables must be installed in conduits. Compliance with this condition shall be at the discretion of the City Engineer.
c) Above ground utility boxes shall be camouflaged per the review and approval of the City Engineer.
d) A written approval from Diablo Water District and Iron House Sanitary District must be provided that all underground utility improvements have passed all testing requirements prior to commencement of paving a street.
53.STREETLIGHTS. Install streetlights along all public streets as required by the City Engineer. The City Engineer shall determine the final number and location of the lights, and the lights shall be on an LS2-A rate service. Streetlights shall be spun aluminum “cobra head” style as required by the City of Oakley Standard Plans.
54.LANDSCAPE IMPROVEMENTS.
a) Prepare landscape plans for landscape improvements within the public right of way. Landscape plans shall be prepared by a licensed landscape architect.
b) Install public right-of-way landscaping along the project’s frontages as required by the City Engineer and Community Development Director. 228
Resolution No. -24 Page 16 of 20 June 11, 2024
c) Maintain all landscaping within the public right-of-way until such time that the adjacent roadway improvements have been accepted for maintenance.
d) Prior to the issuance of certificate of occupancy, an inspection will be performed to verify the health and location of the street trees. Trees in poor health or those without adequate clearance from utilities will require replacement or relocation.
e) Landscaping at street corners must adhere to sight distance requirements.
55.FENCING. Any proposed fencing and walls shall be located on private property and maintained by the property owner(s) and/or HOA. The design and placement of walls, fences, and sign features near intersections and driveways shall allow stopping site distance per Caltrans standards and comply with the City’s corner sight distance requirements.
56.GATE: Any proposed private gates are to be set be minimum 20’ from all public and private streets, roads, alleys.
57.SOUNDWALL. Soundwalls shall be installed within private property and not within public right of way.
58.MAINTENANCE EXHIBIT. Submit a maintenance exhibit showing the responsible maintenance entity of proposed subdivision improvements. Exhibit must clearly show which areas are to be maintained by the City of Oakley and areas to be maintained by the property owner(s) and/or HOA.
THE FOLLOWING PUBLIC WORKS AND ENGINEERING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO THE APPROVAL OF THE FINAL MAP:
59.BONDS. The applicant shall supply suitable securities for all improvements that are a part of the development in a form acceptable to the City in the amount of 100% (performance), 50% (labor and material) prior to issuance of any permit.
60.FINAL MAP. Submit a Final Map prepared by a Licensed Land Surveyor. The final map shall be recorded, and the Subdivision Agreement must be executed before any building permits are issued. Insurance shall be provided per the terms of the Subdivision Agreement.
61.DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before any permits are issued and under specific timelines listed below:
a) Dedicate the required right-of-way along the project frontage on Live Oak Avenue as shown in the typical sections of the Tentative Map. 229
Resolution No. -24 Page 17 of 20 June 11, 2024
b) Public Utility Easement (PUE): 10’ PUE beyond public right of way as required. c) Ingress-egress, storm drainage easements, emergency access easements as required.
d) Any necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road, utility and drainage improvements shall be furnished to the City. Prior to the issuance of the first building permit, the applicant must provide the necessary documentation that any existing easements no longer necessary have been quitclaimed.
62.PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map.
63.UTILITY SETBACKS. Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The City Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation.
64.UTILITY EASEMENTS. Deed restrictions shall be placed on lots containing utility easements, as applicable. The deed restrictions shall specify that no trees, fences, or hardscape are allowed within the easement boundaries, and that maintenance access must be provided. The City will assist and provide guidance for the deed language and the Applicant's surveyor shall prepare the legal description and plat.
The Applicant shall pay any recordation costs.
65.HOMEOWNER’S ASSOCIATION: Prior to the sale of any lot or acceptance of site improvements, whichever occur first, Conditions, Covenants and Restrictions (CC&R’s), creating a Homeowners Association (HOA) for the project shall be reviewed and approved by the City of Oakley and recorded. The HOA shall own and maintain the private roadways, alleys and common landscape, private infrastructures and on-site storm drain systems within the development.
66.ANNEXATIONS
a) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on fire protection services provided in the City.
All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. 230
Resolution No. -24 Page 18 of 20 June 11, 2024
b) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on police services provided in the City. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval. c) The applicant shall establish a funding mechanism to cover the ongoing financial impact their project has on maintenance and operation services associated with public landscaping, parks, streetlighting, and stormwater facilities. All costs associated with meeting this condition of approval shall be paid for by the applicant. Compliance with this requirement shall be to the satisfaction of the City Engineer and shall be completed prior to final map approval.
THE FOLLOWING SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT(S):
67.PAD CERTIFICATION. A letter from a licensed land surveyor stating that the building pad was constructed in accordance with the approved plans shall be provided prior to the issuance of the building permit.
68.SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary.
The results of the construction observation and testing should be documented in an “as-built” letter/report prepared by the applicants’ soils engineer and submitted to the City before any building permit is granted.
69.AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner/HOA shall enter into an agreement with the City for maintenance of the stormwater filtration devices required to be installed on this project. The agreement will specify that certain routine maintenance shall be performed by the property owner/HOA and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits.
70.Developer shall apply to and obtain the required permits from Ironhouse Sanitation District for new connections to the sewer main in Malicoat Avenue, and to Diablo Water District for new domestic water service connections to the water main in Malicoat Avenue.
71.AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. 231
Resolution No. -24 Page 19 of 20 June 11, 2024
The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be reviewed and approved by the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the City before acceptance of improvements.
72.IMPACT FEES. Comply with the requirements of the development impact fees listed below, in addition to those noticed by the City Council in Resolution 85-00 and 08-03. The applicant shall pay the fees in the amounts in effect at the time each building permit is issued.
a) Traffic Impact Fee (authorized by Ordinance No. 14-00, adopted by Resolution 49-03, update Resolution No 91-21);
b) Regional Transportation Development Impact Mitigation Fee or any future alternative regional fee adopted by the City (authorized by Ordinance No. 14- 00, adopted by Resolution No. 73-05);
c) Park Land Dedication In-Lieu Fee (adopted by Ordinance No. 03-03, updated Resolution No. 48-17);
d) Park Impact Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 19-03, updated Resolution No. 48-17);
e) Public Facilities Fee (authorized by Ordinance No. 05-00, adopted by Resolution No. 18-03);
f) Fire Facilities Impact Fee (adopted by Resolution No. 24-21); g) General Plan Fee (adopted by Resolution No. 53-03);
h) East Contra Costa County Habitat Conservation Plan Fee (adopted by Ordinance 6-23).
The applicant should contact the City Engineer prior to constructing any public improvements to determine if any of the required improvements are eligible for credits or reimbursements against the applicable traffic benefit fees or from future developments.
ADVISORY NOTES
The following Advisory Notes are provided to the applicant as a courtesy but are not a part of the conditions of approval. Advisory Notes are provided for the purpose of informing the applicant of additional ordinance requirements that must be met in order to proceed with development.
232
Resolution No. -24 Page 20 of 20 June 11, 2024
A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits.
B. The project will require a grading permit pursuant to the Ordinance Code.
C. Applicant shall comply with the requirements of Iron House Sanitary District.
D. The applicant shall comply with the requirements of the Diablo Water District.
E. Comply with the requirements of the Contra Costa Fire Protection District.
F. Comply with the requirements of the Building Inspection Division. Building permits are required prior to the construction of most structures.
G. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant’s responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code.
H. The applicant shall be responsible for paying the County Recorder’s Fee for the Notice of Determination as well as the State Department of Fish and Game’s Filing Fee.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 11th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Anissa Williams, Mayor Date
ATTEST:
Libby Vreonis, City Clerk Date
233
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: June 11, 2024
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 2024/25 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 L100).
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) 2024/25 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 2024/25 Engineer’s Report has been filed with the City Clerk in advance of the Public Hearing.
On May 14, 2024, the City Council approved Resolution No. 64-24 initiating the annual approval process and approved Resolution No. 65-24 declaring the intent to levy and collect assessments for FY 2024/25, approving the Preliminary Engineer’s Report, and setting June 11, 2024, 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.
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 Approved and
Forwarded to the
City Council
234
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US 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 FY 2024/25 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 2024/25 is expected, based on FY 2023/24 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 2024/25 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 the proposed District have filed written protests, the Council must abandon the proceedings to levy assessments for FY 2024/25. 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 2024/25.
235
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US 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 Fiscal Year 2024/25, 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) - $ 1,492,757
Zone 2 (Citywide Streetlighting) - $ 259,376
Zone 3 (Project Specific Landscaping) - $ 3,265,860
Total $ 5,017,993
Staff 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 2024/25 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 2024/25 for the City of Oakley Street Lighting and Landscape Assessment District No. 1
2. FY 2024/25 Final Engineer’s Report
236
237
CITY OF OAKLEY
RESOLUTION NO. __-24
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 2024/25 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 14, 2024, the City Council adopted Resolution 65-24 approving the Preliminary Engineer’s Report, Declaring the Intent to Levy and Collect Assessments for Fiscal Year (FY) 2024/25, and setting the Public Hearing for June 11, 2024 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 11, 2024, 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 represents 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 2024/25 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.
238
4. The diagrams indicating the assessment district referred to and described in Resolution No. __-24 is 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 2024/25.
7. The Finance Director is directed to adjust the FY 2024/25 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 at a meeting held on the 11th of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
Anissa Williams, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
239
Street LighƟng and Landscape
Assessment District No. 1
Fiscal Year 2024‐25
Final Engineer’s Report
June 11, 2024
240
City of Oakley
Street Lighting and Landscape Assessment District No. 1 TABLE OF CONTENTS i
TABLE OF CONTENTS
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 2024-25 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 ............................................. 40
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 EDUs by Land Use Classification Appendix E – Assessment Roll
241
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 2024-25
CITY OF OAKLEY CITY COUNCIL MEMBERS AND STAFF
Anissa Williams
Mayor
Shannon Shaw
Vice Mayor
George Fuller
Council Member
Hugh Henderson
Council Member
Aaron Meadows
Council Member
Joshua McMurray
City Manager
Derek P. Cole
City Attorney
Jeri Tejada
Administrative Services Director
Kevin Rohani, P.E.
Public Works Director/City Engineer
Francisco & Associates
Assessment Engineer
242
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 2024-25
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 21, 2024 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 , 2024.
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 , 2024.
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 , 2024.
Libby Vreonis
City Clerk
City of Oakley, California
By:
243
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 2024-25
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 (FY) 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 FY 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 244
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 245
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 11, 2024 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 2024-25 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.
246
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 2024-25
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.
247
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.
248
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 2024-25
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. 64-24 and Resolution of Intention accepting the Preliminary Engineer’s Report No. 65-24, both adopted on May 14, 2024, 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 FY 2024-25 in addition to the proposed budget for FY 2024-25 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.
249
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.
250
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) 251
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.
252
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.
253
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 254
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 FY 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);
255
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 FY 2024-25 (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);
256
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 FY 2024-25 (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 FY 2024-25 (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). 257
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.
258
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 FY 2024-25 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 2024-25 Budget Summary
Zone 1 Zone 2 Zone 3
Community Parks,
Landscaping &
Recreation Budget
Streetlighting
Budget
Neighborhood
Landscaping &
Parks Budget Total Budget
Annual Revenue*:
Assessments $1,492,757 $259,376 $3,265,860 $5,017,993
Interest Income $19,750 $900 $10,850 $31,500
Other Sources (Gas Tax, Zone 1 Cont. to Zone 3) $889,495 $190,000 $265,000 $1,344,495 Total Revenue: $2,402,002 $450,276 $3,541,710 $6,393,988 Annual Expenses*:
Operating Expenses ($1,893,890) ($430,000) ($2,596,316) ($4,920,206) Incidental Expenses ($386,081) ($64,716) ($777,162) ($1,227,959) Total Expenditures: ($2,279,971) ($494,716) ($3,373,478) ($6,148,165) *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. 1 259
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 2024-25, 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.
260
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
261
¯
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
262
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
263
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.”
264
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 265
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 266
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." 267
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.
268
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 2024-25 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) 9,098.85 EDUs for FY 2024-25
Maximum Rate: $31.88/EDU
FY 2024-25 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 269
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 27 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 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)
2,633.31 EDUs for FY 2024-25
Subdivision 8727 (27 units) annexed June 14, 2004
Subdivision 8725 (48 units) annexed FY 2004-05, July 12, 2004 Subdivision 7655 (28 units) annexed FY 2004-05, July 12, 2004 Subdivision 7590 (60 units) annexed FY 2004-05, July 12, 2004 Subdivision 7760 (67 units) annexed FY 2004-05, July 12, 2004 Subdivision 7426 (21 units) annexed FY 2004-05, July 12, 2004 Subdivision 8765 (25 units) annexed FY 2005-06, November 8, 2004 Subdivisions 8678 (100 units), 8679 (201 units) & 8680 (240 units), FY 2006-07, November 14, 2005
Subdivisions 7662 (215 units), 7681 (40 units), & 8541 (354 units), FY 2006-07, February 13, 2006
Subdivisions 8737 (58 units), 8973 (176 units), 8994 (109 units), FY 2006-07; June 12, 2006
Subdivision 8731 (388 units), FY 2006-07; November 13, 2006 Subdivision 8734 (26 units) annexed FY 2007-08, July 9, 2007 Subdivision 8736 (42 units) annexed FY 2007-08, July 9, 2007 Subdivision 8916 (41 units) annexed FY 2007-08, July 9, 2007 Subdivision 8530 (110 units) annexed FY 2007-08, July 9, 2007 Subdivision 8981 (17 units) annexed FY 2007-08, July 9, 2007 Subdivision 8823 (6 units) annexed FY 2007-08, July 9, 2007 Subdivision 8843 (13 units) annexed FY 2007-08, July 9, 2007 Subdivision 8985 (1 unit) annexed FY 2007-08, July 9, 2007 Subdivision 9183 (11 units) annexed FY 2012-13, August 9, 2011 Subdivision 9199 (43 units) annexed FY 2012-13, August 9, 2011 Subdivision 9274 (117 units) annexed FY 2012-13, August 9, 2011 Laurel Plaza Shopping Center (3.08 acres of Commercial) annexed FY 2012-13, August 9, 2011
Immanuel Baptist Church (5.00 EDUs) annexed FY 2012-13, August 9, 2011 Corporation for Better Housing (196 MFR and 208 Senior units) annexed FY 2012- 13, August 9, 2011
Minor Subdivision 09-976 (0.99 Acres) annexed FY 2012-13, August 9, 2011 4411 Live Oak Avenue (041-021-029) (1 unit) annexed FY 2015-16, July 14, 2015 Subdivision 9104 (20 units) annexed FY 2015-16, July 14, 2015 The maximum assessment rate of $211.33 per Equivalent Dwelling Unit for Benefit Zone 1-A was approved in FY 2004-05, which may be annually adjusted based upon the previous year’s change in the Consumer Price Index (CPI) for the San Francisco Bay 270
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 28 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 2024 is 345.15.
Maximum Rate: $367.83/EDU
FY 2024-25 Rate: $367.83/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 FY 2024-25
The maximum assessment rate of $805.71 per Equivalent Dwelling Unit for Benefit Zone 1-B was approved in FY 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 2024 is 345.15. The maximum rate for FY 2024-25 is $1,382.16/EDU. However, the anticipated FY 2024-25 expenditures are less than the maximum assessment rate would produce in revenue, therefore the actual rate for FY 2024-25 will be set at $367.83/EDU, which is equal to the rate in Zone 1-A.
Maximum Rate: $1,382.16/EDU
FY 2024-25 Rate: $367.83/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. 271
City of Oakley SECTION III
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 2024-25 - STREETLIGHTING ASSESSMENT RATES BY ZONE
The FY 2024-25 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)
9,143.50 EDUs for FY 2024-25
Maximum Rate: $14.94/EDU
FY 2024-25 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
1,682.50 EDUs for FY 2024-25
Subdivision 8731 (403.5 EDUs), FY 2006-07; November 13, 2006 Subdivision 7562, 8900, & 8955 (625.5 EDUs), FY 2007-08 Subdivision 8734 (26 units) annexed FY 2007-08, July 9, 2007 272
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 30 Subdivision 8736 (42 units) annexed FY 2007-08, July 9, 2007 Subdivision 8916 (41 units) annexed FY 2007-08, July 9, 2007 Subdivision 8530 (110 units) annexed FY 2007-08, July 9, 2007 Subdivision 8981 (17 units) annexed FY 2007-08, July 9, 2007 Subdivision 8823 (6 units) annexed FY 2007-08, July 9, 2007 Subdivision 8843 (13 units) annexed FY 2007-08, July 9, 2007 Subdivision 8985 (1 unit annexed FY 2007-08, July 9, 2007 Subdivision 9183 (10 units) annexed FY 2012-13, August 9, 2011 Subdivision 9199 (43 units) annexed FY 2012-13, August 9, 2011 Subdivision 9274 (117 units) annexed FY 2012-13, August 9, 2011 Laurel Plaza Shopping Center (3.08 acres of Commercial) annexed FY 2012-13, August 9, 2011
Immanuel Baptist Church (11.00 EDUs) annexed FY 2012-13, August 9, 2011 Corporation for Better Housing (196 MFR and 208 Senior units) annexed FY 2012- 13, August 9, 2011
Minor Subdivision 09-976 (0.99 Acres) annexed FY 2012-13, August 9, 2011 Summer Lake South Development
4411 Live Oak Avenue (041-021-029) (1 unit) annexed FY 2015-16, July 14, 2015 Subdivision 9104 (20 units) annexed FY 2015-16, July 14, 2015 The maximum assessment rate of $42.81 per Equivalent Dwelling Unit for Benefit Zone 2-A was approved in FY 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 2024 is 345.15.
Maximum Rate: $72.97/EDU
FY 2024-25 Rate: $72.97/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,..."
273
City of Oakley SECTION III
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. 274
City of Oakley SECTION III
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 2024-25 - LANDSCAPING ASSESSMENT RATES BY ZONE
The FY 2024-25 Assessment Rates for each of the Subzones in Zone 3 are shown below.
For further details 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 2024-25 Rate: $57.86/EDU
Zone 3-2 (Oakley Ranch) Subdivision 6634
Formed: April 21, 1987
133.00 EDUs
Maximum Rate: $198.84/EDU
FY 2024-25 Rate: $198.84/EDU
Zone 3-3 (Empire) Subdivision 6656
Formed: June 16, 1987
45.00 EDUs
Maximum Rate: $100.76/EDU
FY 2024-25 Rate: $100.76/EDU
275
City of Oakley SECTION III
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 2024-25 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 2024-25 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 2024-25 Rate: $127.80/EDU
Zone 3-7 (South Forty) Subdivision 6969
Formed: August 7, 1990
53.00 EDUs
Maximum Rate: $185.00/EDU
FY 2024-25 Rate: $185.00/EDU
Zone 3-8 (Claremont) Subdivision 7163
Formed: August 13, 1991
50.00 EDUs
Maximum Rate: $152.56/EDU
FY 2024-25 Rate: $152.56/EDU
276
City of Oakley SECTION III
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 2024-25 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 2024-25 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 2024-25 Rate: $169.48/EDU
Zone 3-12 (California Sunrise) Subdivision 7365
Formed: November 19, 1991
128.00 EDUs
Maximum Rate: $27.36/EDU
FY 2024-25 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 2024-25 Rate: $125.00/EDU
277
City of Oakley SECTION III
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 2024-25 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
888.50 EDUs
Subdivision 8725 (48 units) annexed FY 2004-05, July 12, 2004 Subdivision 7655 (28 units) annexed FY 2004-05, July 12, 2004 Subdivision 7590 (60 units) annexed FY 2004-05, July 12, 2004 Subdivision 7760 (67 units) annexed FY 2004-05, July 12, 2004 Subdivision 7426 (21 units) annexed FY 2004-05, July 12, 2004 Subdivision 8823 (6 units) annexed FY 2007-08, July 9, 2007 Subdivision 8843 (13 units) annexed FY 2007-08, July 9, 2007 There are also 50 additional senior units located within 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 2024-25.
Maximum Rate: $138.00/EDU
FY 2024-25 Rate: $138.00/EDU
Zone 3-16 (Sundance) Subdivision 7837
Formed: December 20, 1994
81.00 EDUs
Maximum Rate: $110.00/EDU
FY 2024-25 Rate: $110.00/EDU
278
City of Oakley SECTION III
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 2024-25 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 FY 2002-03
130.00 EDUs
Maximum Rate: $180.00/EDU
FY 2024-25 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 FY 2001-02 Sub 8403 (72 units) annexed FY 2002-03, November 13, 2001 Sub 8655 (34 units) annexed FY 2004-05, January 12, 2004 Maximum Rate: $200.00/EDU
FY 2024-25 Rate: $200.00/EDU
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 FY 2004-05, June 14, 2004 Subdivision 8765 (25 units) annexed FY 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 279
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 37 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 2024 is 345.15.
Maximum Rate: $406.80/EDU
FY 2024-25 Rate: $406.80/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 FY 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 2024 is 345.15.
Zone 3-21 Maximum Rate: $357.30/EDU
Zone 3-21 FY 2024-25 Rate: $357.30/EDU
Zone 3-21A Maximum Rate: $1,212.27/EDU
Zone 3-21A FY 2024-25 Rate: $1,212.27/EDU
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 280
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 38 Bureau of Labor and Statistics which was 208.90. The CPI as of February 2024 is 345.15.
Maximum Rate: $568.19/EDU
FY 2024-25 Rate: $568.19/EDU
Zone 3-23 (South Oakley) Subdivisions 7662, 7681, 8541, 8530, 8734, 8736, 8916, 8981, 9183 & 9104.
Formed: February 13, 2006
755.50 EDUs
Subdivision 8530 (110 units) annexed FY 2007-08, July 9, 2007 Subdivision 8734 (26 units) annexed FY 2007-08, July 9, 2007 Subdivision 8736 (42 units) annexed FY 2007-08, July 9, 2007 Subdivision 8916 (41 units) annexed FY 2007-08, July 9, 2007 Subdivision 8981 (17 units) annexed FY 2007-08, July 9, 2007 Subdivision 9183 (11 units) annexed FY 2012-13, August 9, 2011 Subdivision 9104 (20 units) annexed FY 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 2024 is 345.15.
Maximum Rate: $658.55/EDU
FY 2024-25 Rate: $658.55/EDU
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 2024 is 345.15. However, in FY 2024-25 the rate assessed will be $499.75/EDU.
Maximum Rate: $989.24/EDU
FY 2024-25 Rate: $499.75/EDU
281
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART D 39 Zone 3-25 (Magnolia Park) Subdivision 8731
Formed: November 13, 2006
554.66 EDUs
Subdivision 9199 (43 units) annexed FY 2012-13, August 9, 2011 Subdivision 9274 (117 units) annexed FY 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 2024 is 345.15.
Maximum Rate: $1,816.62/EDU
FY 2024-25 Rate: $1,816.62/EDU
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 2024 is 345.15. However, in FY 2024-25 the rate assessed will be $968.50 per Equivalent Dwelling Unit.
Maximum Rate: $2,389.47/EDU
FY 2024-25 Rate: $968.50/EDU
282
City of Oakley SECTION III
Street Lighting and Landscape Assessment District No. 1 PART E 40 PART E
PROPERTY OWNER LIST & ASSESSMENT ROLL
The total assessment amount for each Zone and the proposed assessment amount apportioned to each parcel for FY 2024-25, 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 2024-25 Fiscal Year are $1,492,757 for community park, landscaping and recreation facilities, $259,376 for streetlighting facilities, and $3,265,860 for landscaping facilities for a total of $5,017,993. .
283
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
284
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
*
M
C
a
r
g
e
n
e
o
k
li
s
a
id
a
e
n
,
d
N
S
u
u
t
m
me
m
g
e
,
r
N
L
u
a
n
k
n
e
-
P
W
ar
il
k
s
s
o
r
n
e
,
c
C
ei
y
v
p
e
r
a
es
p
s
or
G
t
r
i
o
o
v
n
e,
of
S
t
h
h
a
e
d
i
y
r f
O
u
a
n
k
d
,
in
R
g
o
f
s
r
e
o
/C
m
ar
Z
p
o
e
n
n
e
t
1 er, Teton,
Text
¯
0 2,500
Feet
Legend
Parks
Parcels
¯
0 2,500
Feet