BKF’s fee for these services is as follows:
ITEM DESCRIPTION FEE
5 ADDITIONAL DESIGN SERVICES
Additional Design Services $173,960
6 CONSTRUCTION SUPPORT SERVICES
Construction Support Services $56,292
SUB SUBCONSULTANTS
Gates and Associates $54,170
AEC Engineers $41,768
RE REIMBURSABLES
Reimbursables $1,500
TOTAL FEE FOR ASR $327,690
These services will be invoiced monthly on a time-and-expense basis per the 2024 BKF Engineers Professional Services Rate Schedule. Payment is due within 14 days of receipt of invoice by client. Work will be performed in accordance with the California Water Service Company Terms and Conditions.
BKF Engineers’ services are limited to those expressly set forth in this letter. It is understood that BKF will have no other obligations or responsibilities for the subject project except as provided herein or as otherwise agreed to in writing. For any additional services requested, we will prepare and submit a separate scope and fee prior to performing the work. Additional services will not be performed until formally authorized in writing (e.g. signed amendment, e-mail recognition) by client.
In providing services under this agreement, BKF shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality.
This agreement may be terminated by either party at any time for any reason with 7 days written notice. If client elects to terminate this agreement before our services are complete, BKF will issue a final invoice proportional to the services which were provided up to the date which services were terminated and client agrees to pay said invoice within 14 days of receipt.
Thank you for the opportunity to present this proposal and letter agreement. We look forward to assisting in the construction of this project. Please contact the undersigned at 408.706.4036 or [email protected] if you have any questions. Otherwise, please sign below to authorize us to proceed.
Respectfully,
BKF Engineers, a California corporation
Marcelo Cosentino, PE, MBA
Associate
License No. C69063
Attachments:
1. BKF 2024 Rate Sheet
2. Fee Schedule
254
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00
FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00
PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year. BKF ENGINEERS 255
6/27/2024
EST FEE
TASK SCOPE DESCRIPTION
PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio)
Project
Manager/
Technical
Manager
Engineering
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV 2-Man Survey Administrative Assistant
Total Hrs
$302.00 $273.00 $302.00 $265.00 $260.00 $239.00 $222.00 $195.00 $170.00 $203.00 $365.00 $90.00 Task 5
Additional Design Services 8 40 8 8 96 72 108 212 84 108 32 8 784 $ 173,960.00 Subtotals 8 40 8 8 96 72 108 212 84 108 32 8 784 $ 173,960.00 Task 6
Construction Support Services 4 24 40 28 36 80 36 6 254 $ 56,292.00 Subtotals 4 24 - - 40 28 36 80 - 36 - 6 254 $ 56,292.00 PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio)
Project
Manager/
Technical
Manager
Engineering
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV 2-Man Survey
Administrative
Assistant Total Total Labor
Totals By Classifications 4 24 - - 40 28 36 80 - 36 - 6 254 Total Direct Labor 1,208.00$ 6,552.00$ -$ -$ 10,400.00$ 6,692.00$ 7,992.00$ 15,600.00$ -$ 7,308.00$ -$ 540.00$ 56,292.00$ Subconsultant
Task 5 Task 6
Gates + Associates (Landscaping) 49,030.00$ $5,140.00 $54,170.00 AEC Engineers (Lighting/Electrical) 37,268.00$ $4,500.00 $41,768.00 Subconsultant Costs $ 95,938.00
Reimbursable
Printing, Deliver, Mileage, Postage, Parking $ 1,500.00 Reimbursable $ 1,500.00
ASR TOTAL $ 327,690.00
230,252.00$
City of Oakley
CIP 280
STAFF CATEGORY
Laurel Road Improvements Project
CONSTRUCTION SUPPORT SERVICES
ADDITIONAL DESIGN SERVICES
BKF Engineers Page 1 of 2 Oakley-280_ASR_Fee.xls
256
RESOLUTION NO.___-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS INC.
FOR ADDITIONAL DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR LAUREL ROAD WIDENING (CLOVERBROOK AVENUE TO O’HARA
AVENUE) PROJECT – CAPITAL IMPROVEMENT PROJECT NUMBER 280 WHEREAS, as part of the Fiscal Year 2024/25 Budget, the City of Oakley approved a 5-Year Capital improvement Program (CIP); and WHEREAS, BKF Engineers Inc., was awarded the design contract by City Council on October 25, 2022 in the amount of $424,318; and WHEREAS, the construction of CIP 280 is a multifaceted project, and in order to ensure consistency and quality control as the project moves forward into the construction phase with its many components, Construction Support Services are needed from BKF Engineers, Inc. as well; and
WHEREAS, as requested by the City, BKF Engineers, Inc. has submitted a proposal to provide Additional Design and Construction Support Services for Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project - CIP 280 for an amount not to exceed $327,690 from the approved FY 2024/25 Budget; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from BKF Engineers, Inc. for providing Additional Design and Construction Support Services for Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project - CIP 280, for a total not to exceed contract amount of $752,008, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute an Amendment to the original design agreement.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 9th of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
______________________
Anissa Williams, Mayor
257
ATTEST:
____________________ ______________________
Libby Vreonis, City Clerk Date
258
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: July 9, 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 a Consulting Services Agreement with BSK Associates to Provide Material Testing and Special Inspections for the East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project – Capital Improvement Project Number 247
Background and Analysis
The City’s adopted Fiscal Year (FY) 2024/25 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City of Oakley’s Strategic Plan to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.
The Capital Improvement Project (CIP) No. 247 project will construct a new 6-lane roadway on East Cypress Road from Knightsen Avenue to west of Jersey Island Road. The improvements will include a median island, buffered bike lanes, sidewalk, traffic signal, streetlights, underground utility (storm, sewer, water, gas), landscaping and irrigation. This project will help alleviate the congestion and provide a higher capacity roadway to handle the demand from the residential developments along the East Cypress Corridor.
On October 25, 2022, the City Council awarded the construction contract for this project and the actual construction has been delayed due to environmental permitting which has now been secured and construction is anticipated to start in July and completed in summer 2025.
During the construction of this project one of the key elements to ensure the successful execution of the project is the materials testing and special inspections. This task is to test the construction materials, such as asphalt, aggregate base, and concrete at both the production plant and at the job site. This is to ensure the materials that are brought to the project site and used are in accordance with the project specifications and required certifications.
Staff has solicited a proposal from BSK Associates who are specialty consultants providing materials testing and special inspection services to municipalities in the Bay Area, including the City of Oakley. This firm has worked on previous Oakley projects and has performed well and provided excellent service. BSK Associates submitted a proposal in the amount of $75,101 for a comprehensive scope of services to cover the materials testing and special inspections needs of this project. BSK Associates have successfully performed similar services on other City of Oakley projects.
Approved and
Forwarded to the
City Council
259
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.
Fiscal Impact
The approved FY 2022/23 CIP budget allocated funding from the Traffic Impact Fee fund for this project, which will fully fund the project construction and consultant services.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving a consulting agreement with BSK Associates for an amount not to exceed $75,101, and to authorize the City Manager to execute said agreement.
Attachments
Attachment 1 - Resolution
Attachment 2 – BSK Associates Proposal
260
Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING A CONSULTING SERVICES AGREEMENT WITH BSK
ASSOCIATES FOR MATERIALS TESTING AND SPECIAL INSPECTIONS FOR
THE EAST CYPRESS ROAD WIDENING (KNIGHTSEN AVENUE TO JERSEY ISLAND ROAD) PROJECT – CAPITAL IMPROVEMENT PROJECT NUMBER 247
WHEREAS, the improvements and widening of East Cypress Road have been a priority of the City Council and a focus on the City’s Capital Improvement Program; and
WHEREAS, the construction contract for the widening of East Cypress Road (Knightsen Avenue to Jersey Island Road) was awarded by City Council on October 25, 2022 and over the past 2 years the project environmental permitting has been processing; and
WHEREAS, a key part of the project construction is Materials Testing and Special Inspections to ensure the project is constructed in accordance to City standards and specifications; and
WHEREAS, staff have worked with BSK Associates and secured a proposal for Materials Testing and Special Inspections for this project in the amount of $75,101; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Consulting Services Agreement with BSK Associates for the Materials Testing and Special Inspections for the CIP 247 Project for an amount not to exceed $75,101 is approved, and the City Manager is hereby authorized to execute an Agreement.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 9th of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
Anissa Williams, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
261
399 Lindbergh Avenue
Livermore, CA 94551
925.315.3151
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company May 14, 2024
(Revised May 17, 2024) BSK Proposal C24000853
Ms. Billilee Saengchalern
City of Oakley
3231 Main Street
Oakley, CA 94561
SUBJECT: Special Inspection and Materials Testing Services City of Oakley - East Cypress Road Widening Project (CIP 247) East Cypress Road from Knightsen Ave. to Jersey Island Rd.
Oakley, CA 94561
Dear Ms. Saengchalern:
BSK Associates is pleased to submit this revised proposal for Special Inspection and Materials Testing Services required for the City of Oakley - East Cypress Road Widening Project (CIP 247) inOakley, CA. We have developed this proposal package specifically with your needs in mind and based on our review of the provided project plans and specifications (Dated 8/26/22), correspondence with you regarding the project, and our prior experience with projects of this size and nature.
Based on conversations with you, BSK has assumed that we will be taking over the role of Geotechnical Engineer-of Record (GEOR) for this project and have included that as part of our scope of services.
For your approval, we have included our scope of services and fee estimate, our basis for invoicing, and an authorization and acceptance form for our agreement. Should a detailed project schedule become available, BSK would appreciate the opportunity to confirm our estimate fits the final requirements of the project. Rates not specifically quoted will be charged per our Schedule of Fees with the City of Oakley, which is attached. The hourly rates/charges quoted are for the project duration. It is our understanding that there is no Project Labor Agreement in-place on this project, and that the project is subject to State of California prevailing wage requirements as determined by the Department of Industrial Relations.
In order for BSK to assist you in reducing exclusions from our Final Report, a copy of the project Testing and Inspection Sheet (prepared by the Structural Engineer, Architect and/or Building Official) should be submitted to our office prior to our first site visit. Further, our technicians are required to note they are referring to Approved Plans during their site inspections; a copy should be made available at the project site or fabrication location.
We appreciate the opportunity to submit this proposal. If you should have further questions or comments, please give us a call. We appreciate the opportunity to work with you. We will schedule the work upon your return of a task order referencing our MSA with the City.
Respectfully submitted,
BSK Associates
Michael Kibbey Cristiano Melo, PE, GE
Construction Services Group Manager Branch Manager
Enclosure
Scope of Services and Fee Estimate
Basis for Invoicing
City of Oakley Schedule of Fees
262
Special Inspection and Materials Testing Services BSK Proposal C24000853 City of Oakley - East Cypress Road Widening Project (CIP 247) May 14, 2024 (Revised May 17, 2024) Oakley, CA Page 2
SCOPE OF SERVICES AND FEE ESTIMATE
City of Oakley - East Cypress Road Widening Project (CIP 247) East Cypress Road from Knightsen Ave. to Jersey Island Rd., Oakley, CA
DAYS HRS/DAY HOURS RATE EXTENSION
Principal (Geotechnical Engineer) 1 8 8 $285.00 $2,280.00 Issue Letter Taking Over the Role of Geotechnical Engineer-of-Record Principal (Geotechnical Engineer) 1 2 2 $285.00 $570.00 PRE-FIELD SERVICES ESTIMATE $2,850.00
DAYS HRS/DAY HOURS RATE EXTENSION
Project Manager 1 2 2 $250.00 $500.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 1 $70.00 $70.00 Earthwork Construction
Compaction Testing - Roadway Embankment Fill 3 8 24 $146.00 $3,504.00 Compaction Testing - Tench Backfill 8 6 48 $146.00 $7,008.00 Compaction Testing - Subgrade 8 6 48 $146.00 $7,008.00
Compaction Testing - Aggregate Base 8 6 48 $146.00 $7,008.00 Sampling 2 4 8 $146.00 $1,168.00
Nuclear Gauge Equipment Fee 27 $70.00 $1,890.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 29 $70.00 $2,030.00 Hot Mix Asphalt (HMA) Construction
Compaction Testing - Digouts 1 8 8 $146.00 $1,168.00
Compaction Testing - HMA 6 8 48 $146.00 $7,008.00
Nuclear Gauge Equipment Fee 7 $70.00 $490.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 7 $70.00 $490.00 Concrete Construction
Concrete Placement Observation & Sampling (periodic) 5 6 30 $130.00 $3,900.00 Sample Pickup / Delivery 5 2 10 $120.00 $1,200.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 10 $70.00 $700.00 FIELD SERVICES ESTIMATE $45,142.00
SETS/UNITS RATE EXTENSION
Soils / Aggregate Bse
Compaction Curves - Base Rock (6" Mold) 2 $320.00 $640.00 Compaction Curves - Site Soils (4" Mold) 4 $320.00 $1,280.00 Sieve Analysis w/Wash (ASTM C136) 2 $215.00 $430.00
Sand Equivalent (ASTM D2419) 2 $159.00 $318.00
Plasticity Index of Soils (ASTM D4318) 2 $276.00 $552.00 Hot Mix Asphalt (HMA) - Type A & G
Sieve Analysis - 3 Bin Samples (CTM 220) 2 $320.00 $640.00 Sand Equivalent (CTM 217) 2 $159.00 $318.00
Durability Index (AASHTO T210) 2 $259.00 $518.00
Asphalt Binder Content (CTM 382) 2 $282.00 $564.00
Ignition Oven Correction Factor 2 $656.00 $1,312.00
HMA Moisture Content (CTM 370) 14 $83.00 $1,162.00
Theoretical Maximum Density (CTM 309) 14 $315.00 $4,410.00 HMA Core Unit Weight/ Bulk Specific Gravity (CTM 308) 55 $80.00 $4,400.00 Concrete
Compression Test of Concrete - 4 (ASTM C39) 5 $171.00 $855.00 LABORATORY TESTING ESTIMATE $17,399.00
HOURS RATE EXTENSION
Principal (Geotechnical Engineer) 6 $285.00 $1,710.00
Registered Engineer (Review, support and reporting) 6 $250.00 $1,500.00 Project Manager (Field Oversight, Daily Report Review) 10 $250.00 $2,500.00 Administration (Data Processing, Report Prep., Field Coordination) 10 $100.00 $1,000.00 Certified Payroll / DIR Upload Monthly 10 $300.00 $3,000.00 ADMINISTRATION ESTIMATE $9,710.00
TOTAL BUDGET ESTIMATE $75,101.00
BSK SERVICES ADMINISTRATION
1 per mix
1 per mix
1 per mix
1 per mix
1 per mix
1 per day
1 per day
1 set per visit
1 per sample
PRE-FIELD SERVICES
LABORATORY TESTING FREQUENCY
1 per 250 Tons / Core Correlations
1 per material
1 per material
1 per sample
1 per sample
FIELD SERVICES
Review Geotechnical Report, Plans, and Spefifications
Pre-Construction Meeting
263
Special Inspection and Materials Testing Services BSK Proposal C24000853 City of Oakley - East Cypress Road Widening Project (CIP 247) May 14, 2024 (Revised May 17, 2024) Oakley, CA Page 3
BASIS FOR INVOICING
City of Oakley - East Cypress Road Widening Project (CIP 247) East Cypress Road from Knightsen Ave. to Jersey Island Rd., Oakley, CA BASIS OF CHARGES:
The charge schedule listed below will be our basis for invoicing.
Show-up (No site work performed) Bill R/T Travel Time + 1 Hour Work up to 4 Hrs. Bill 4 Hours
Work from 4 to 8 Hrs. Bill 8 Hours
Work from 8 to 12 Hrs. and Saturdays Time and One Half
Work Over 12 Hrs., Sundays and Holidays Double Time
Travel (Portal-to-Portal) Hourly
Parking and Toll Charges (if applicable) Daily Rate
FEES:
Our services will be performed on a time and material basis at unit rates herein listed. Portal-to-portal charge is based from our Livermore office. Rates/charges not specifically quoted will be charged per our published Schedule of Fees. We estimate our fees for this project at $75,101.00. This estimate is based upon our years of experience in this profession, but it is an estimate only. We endeavor to limit our charges to this estimate; however, events beyond our control may affect total cost. For example; if the work progresses quicker than anticipated, fees could be considerably less; or, if the work progresses slower than anticipated, our fees may exceed this estimate. To account for such uncertainties, we suggest that a contingency budget of at least 20 percent of the above estimated fee for construction be set aside for our services.
It is our practice to notify you if it appears our fees will exceed our estimate, but due to the timing and nature of our services and to ensure that your project is not delayed, this may not always be possible. Our invoices however will serve as an update of our progress as well as fees charged versus our estimate.
Invoices are payable upon receipt and deemed delinquent if not paid within 30 days. Delinquent invoices may be subject to interest/service charges, and collection expenses including attorney’s fees, at our election. As necessary to accommodate the construction schedule, BSK may use contract special inspectors to augment our staff. Inspections performed by contract providers will be billed as specified for BSK employees, herein, and at the rates included in the Fee Estimate.
LIMITATIONS:
BSK Associates provides special inspection services to assist you in verifying that the work is in substantial conformance to the project documents and as required by the California Building Code. These services shall not be construed as acceptance of the work or relieve the contractor in any way from his/her obligations and responsibilities as outlined in the applicable construction documents. BSK assumes no responsibility for the safety of others on the jobsite or the methods and means of construction. BSK will make every effort to respond to the emergent needs of your project, to assure better service we ask that you schedule inspection/testing activities at least 24 hours in advance. To avoid show-up charges, cancel such requests at least four hours in advance of our arrival time. Section 1701 of the CBC requires the special inspection agency to file a final report for the project. The report will be issued upon complete reconciliation of your account. This proposal for construction services shall be valid for not more than sixty (60) days from the date of presentation.
264
Special Inspection and Materials Testing Services BSK Proposal C24000853 City of Oakley - East Cypress Road Widening Project (CIP 247) May 14, 2024 (Revised May 17, 2024) Oakley, CA Page 4
INVOICE AND REPORT DISTRIBUTION
BSK Associates will issue our invoice to the following firm/contact. Please provide a separate accounts payable (AP) contact as appropriate:
Company: City of Oakley
Address: 3231 Main Street
City, State, Zip: Oakley, CA 94561
Contact Name: Ms. Billilee Saengchalern
Contact Phone: 925.625.7154
E-Mail: [email protected]
AP Contact: ____________________________
AP Phone: _____________________________
AP E-Mail: _____________________________
BSK will issue special inspection and materials testing reports by electronic delivery to the following recipients. If additional recipients are desired, please complete and return this form accordingly:
Client:
Company: City of Oakley
Address: 3231 Main Street
City, State, Zip: Oakley, CA, 94561
Contact Name: Ms. Billilee Saengchalern
Contact Phone: 925.625.7154
E-Mail: [email protected]
Building Department:
Agency Name: __________________________
Address: _______________________________
City, State, Zip: _________________________
Contact Name: __________________________
Contact Phone: _________________________
Contact E-Mail: _________________________
Other:
Company: ______________________________
Address: _______________________________
City, State, Zip: __________________________
Contact Name: __________________________
Contact Phone: _________________________
Contact E-Mail: _________________________
Other:
Company: ______________________________
Address: _______________________________
City, State, Zip: __________________________
Contact Name: __________________________
Contact Phone: _________________________
Contact E-Mail:__________________________
265
BSK Associates - Schedule of Fees - 07/01/2024 to 06/30/2025 (City of Oakley) Principal $ 285.00 Administrative Assistant / Clerical $ 100.00 Senior Professional $ 250.00 Seismic GIS $ 220.00
Project Professional II $ 235.00 GIS Specialist $ 190.00 Project Professional I $ 200.00 Information Specialist II $ 180.00 Staff Professional II $ 175.00 Information Specialist I $ 160.00 Staff Professional I $ 155.00 CAD $ 120.00
Project Administrator $ 110.00 Litigation support 1.5x standard rate Non-Destructive Inspection/Testing $ 165.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Special Inspector $ 140.00 Field Work from 0 to 4 hours Bill 4 hours Engineering Technician $ 135.00 Field Work from 4 to 8 hours Bill 8 hours Technician $ 130.00 Field Work over 8 hours / Saturdays Bill time and a half Ground Penetrating Radar Scanning Technician $ 315.00 Sundays, holidays and over 12 hours Bill double time Core Drilling Technician $ 245.00 Night Shift (Shift commencing after 2pm / before 4am) Base Rate x 12.5% Floor Flatness Testing Technician $ 210.00 Show-up time (no work performed) Bill 2 hours Sample Pickup / Transportation / Delivery $ 120.00 Sampling or cylinder pickup, minimum charge Bill 2 hours Laboratory Technician $ 130.00
Group 1 - Special inspector $ 170.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Group 2 - Special Inspector $ 165.00 Field Work from 0 to 4 hours Bill 4 hours Group 3 - Engineering Technician $ 146.00 Field Work from 4 to 8 hours Bill 8 hours Group 3 - Geotechnical Professional $ 185.00 Field Work over 8 hours / Saturdays Bill time and a half Group 3 - Environmental Professional $ 185.00 Sundays, holidays and over 12 hours Bill double time Group 4 - Technician $ 130.00 Night Shift (Shift commencing after 2pm / before 4am) Base Rate x 12.5% Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours Group 1 - Geotechnical Professional $ 185.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES Group 1 - Environmental Professional $ 185.00 Field Work from 0 to 4 hours Bill 4 hours Group 1 - Technician $ 165.00 Field Work from 4 to 8 hours Bill 8 hours Group 2 - Special Inspector $ 170.00 Field Work over 8 hours / Saturdays Bill time and a half Group 3 - Non-Destuctive Testing (NDT) $ 180.00 Sundays, holidays and over 12 hours Bill double time Premium Shift (Weekday work before 6am / after 5pm) Bill time and a half Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours Mileage (Portal to Portal) $ 1.00 Certified Payroll / DIR Upload (Monthly) $ 300.00 Bridge Toll Cost + 15% Non-Performance Certified Payroll / DIR Upload (Monthly) $ 100.00 Parking Fees Cost + 15% Subcontractor Management / Compliance Forms (Monthly)$ 100.00 Per Diem (as required) Quote / $250 min. Additional LCP Tracker or Other Compliance Software (Monthly) $ 200.00 Subconsultants/Subcontractors/Vendors/Expenses Cost + 15% Additional Special Forms, as required (Monthly) $ 150.00 Project Administration Fees 7% of Invoice Project Setup (Project) $ 525.00 DIR Administration Fees 3% of Invoice
REIMBURSABLES
NORTHERN CA PREVAILING WAGE LABOR RATES
SOUTHERN CA PREVAILING WAGE LABOR RATES
PERSONNEL RATES
Escalation: The rates noted below are subject to an annual increase of 3% or the Consumer Price Index for the San Francisco Bay Area, whichver is greater, effective July 1 of each year following the initiation of a services agreement.
PROFESSIONAL STAFF
TECHNICAL STAFF - FIELD AND LABORATORY (NON-PREVAILING WAGE) BSK Fee Schedule 2023-2-NCE-STAN Page 1 of 3 266
BSK Associates - Schedule of Fees - 07/01/2024 to 06/30/2025 (City of Oakley) gINT (software) $ 65.00 LiqIT (software) $ 65.00
LPile (software) $ 65.00 Slide (software) $ 127.00
APile (software) $ 65.00 Settle3D (software) $ 127.00
SHAFT (software) $ 65.00 Cpet-IT (software) $ 65.00
GROUP (software) $ 127.00 LiqSVs (software) $ 65.00
Cliq (software) $ 65.00 ArcGIS (software) $ 65.00
LiquefyPro (software) $ 65.00 Surfer (software) $ 65.00 Nuclear Gauge (Day) $ 70.00 10' PVC Blank - 2"(Each) $ 27.00 Skidmore Wilhelm Calibrator (Day) $ 70.00 10' PVC Blank - 4: (Each) $ 62.00 NDT Weld Testing Equipment - UT/MT/PT (Day) $ 70.00 10' PVC Screen - 2" (Each) $ 42.00 Proof Load Testing Equipment (Day) $ 70.00 10' PVC Screen - 4" (Each) $ 84.00 Torque Wrench (Day) $ 70.00 5' PVC Blank - 2" (Each) $ 18.00 GPR Scanning Equipment (Day) $ 325.00 5' PVC Blank - 4" (Each) $ 53.00 Rebar Locator/Pachometer (Day) $ 128.00 5' PVC Screen - 2" (Each) $ 27.00 Coring Equipment (day) $ 240.00 5' PVC Screen - 4" (Each) $ 69.00 Relative Humidity Meter (Day) $ 70.00 55 Gallon Drum (Each) $ 125.00 Moisture Emission Test Kit (Each) $ 48.00 6 "x 5' Steel Monument Cover (Each) $ 295.00 Wood Moisture Meter (Day) $ 70.00 Air Indicators (Each) $ 53.00 Air Meter (Concrete) $ 70.00 Combustible Gas Indicator (Day) $ 79.00 Laptop (Day) $ 75.00 Disposable Bailer (Each) $ 14.00
Document Scanner (Day) $ 32.00 Hydro Punch Tip (Each) $ 25.00 Vehicle/Truck Charge (Day) $ 137.00 Lantec GEM 500 (Day) $ 258.00 Hand Auger (Day) $ 150.00 Locking Cap - 2" (Each) $ 25.00 Seismograph (Day) $ 317.00 Locking Cap - 4" (Each) $ 50.00 Hand-held GPS (Day) $ 97.00 Silicone Tubing (Foot) $ 9.00 Slope Inclinometer Probe (Each) $ 500.00 Tedlar Vapor Bags (Each) $ 30.00 Double Ring Infiltrometer (Day) $ 638.00 Bottom Cap (Each) $ 10.00 Drilling Kit - Paint/Stakes/Lath (Each) $ 34.00 Disposable Purge Pump Tubing (Foot) $ 2.00 Sample Sleeve w/ Caps/Teflon 6" (Each) $ 13.00 Bison Resistivity Meter (Day) $ 203.00 Manometer (Day) $ 247.00 Chem Grout Pump (Day) $ 132.00 Generator $ 105.00 DC Purge Pump (Day) $ 67.00
Power Auger $ 105.00 Development Pump and Controller (Day) $ 92.00 AC Cold Patch (Each) $ 13.00 Dissolved Oxygen Meter (Day) $ 80.00 Bentonite Grout (Bag) $ 27.00 Grundfos Converterm (Day) $ 89.00 Bentonite Medium Chips (Bag) $ 25.00 Hydropunch II (Each) $ 317.00 Bentonite Pellets (Bucket / Bag) $ 189.00 Interface Meter (Each) $ 119.00 Bentonite Powder (Bag) $ 15.00 Kemmer Sampler (Day) $ 46.00 Filter Sand (Bag) $ 14.00 ORP Meter (Each) $ 85.00
Portland Cement (Bag) $ 19.00 Sample Pump (Day) $ 127.00 Ready Mix (Bag) $ 18.00 Scanning Equipment (Day) $ 128.00 Padlocks (Each) $ 27.00 Water Level Data Logger (Day) $ 98.00 pH/EC/Temperature Meter (Day) $ 75.00 Telescopic Wastewater Sampler (Day) $ 67.00 PID/OVA (Day) $ 150.00 SVE System (Month) $1,400.00
Steam Cleaner (Day) $ 139.00 Combustible Gas Meter (Day) $ 240.00 Turbidity Kit (Day) $ 85.00 Water Meter (Day) $ 65.00
Water Sample Filters (Each) $ 28.00 Flow Monitoring Equipment (Day) $ 389.00 Well Sounder (Day) $ 60.00 Liquid Proportional Sampling Equipment (Day) $ 394.00 Well Vault Traffic Rated Box (Each) $ 139.00 Gas Detector Pump (Each) $ 46.00 Bollards (Each) $ 119.00 Landfill Gas Chromatograph (Day) $ 260.00 Air Compressor (Day) $ 70.00 Support Truck (Day) $ 260.00 Continuous Core Sampler (Day) $ 325.00 Sound Level Meter (Each) $ 41.00 4" Disposable Bailers (Each) $ 25.00 Water Level Transducers (Each) $ 15.00 Escalation: The rates noted below are subject to an annual increase of 3% or the Consumer Price Index for the San Francisco Bay Area, whichver is greater, effective July 1 of each year following the initiation of a services agreement.
SOFTWARE AND EQUIPMENT
ANALYSIS SOFTWARE USAGE FEES
EQUIPMENT
BSK Fee Schedule 2023-2-NCE-STAN Page 2 of 3 267
BSK Associates - Schedule of Fees - 07/01/2024 to 06/30/2025 (City of Oakley) Modified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) $ 320.00 % Crushed Particles / Fractured Particles (CT 205/AASHTO T335) $ 208.00 Proctor with Oversize Material (ASTM / AASHTO) $ 400.00 '% Flat & Elongated (ASTM D4791) $ 159.00 Proctor Check Point (All Methods) $ 171.00 Minus 200 Wash/Aggregate (ASTM C117) $ 105.00 Caltrans Maximum Wet Density (CT 216) $ 270.00 Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) $ 215.00 Minus 200 Wash Soil (ASTM D1140) $ 105.00 Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) $ 105.00 Moisture Content of Soils (ASTM D2216) $ 54.00 Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO T85) $ 200.00 Plasticity Index (ASTM D4318) $ 276.00 Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) $ 200.00 Expansion Index of Soils (UBC No. 29) $ 296.00 Sand Equivalent (ASTM D2419 / CT 217 / AASHTO T176) $ 159.00 Collapse Potential of Soils (ASTM D2435) $ 257.00 Durability Index (CT 229) $ 315.00 Organic Impurities (ASTM C40 / CT 213) $ 105.00 Abrasion by LA Rattler, Large Size (ASTM C131/CT 211/AASHTO T96) $ 360.00 Tube Density & Moisture Content of Soil $ 63.00 Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) $ 296.00 Visual Classification (ASTM D2488) $ 54.00 Cleanness Value of Aggregate (CT 227) $ 227.00 Hydrometer (ASTM D422 / CT 203) $ 300.00 Aggregate Wt pcf Compacted (ASTM C 29) $ 111.00 Double Hydrometer (ASTM D4221) $ 394.00 Gradation-Rip Rap - Per Sieve (D5519-Method A) $ 284.00 Uncompacted Void Content (CT 234 / AASHTO T304) $ 140.00 Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) $ 440.00 Sand Density Calibration (ASTM D1566) $ 220.00 Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) $ 140.00 Minimum Resistivity of Soils (CT 643) $ 177.00 R-Value of Soils (CT 301) $ 500.00 Consolidation (ASTM D2435) $ 527.00 Soil Cement Compression - Set (ASTM D1633) $ 300.00 Remolded Consolidation (ASTM D2435) $ 446.00 CIR / FDR Compressive Strength Testing - Set $ 300.00 Minimum Index Density Soils (ASTM D4254) $ 87.00 CIR / FDR Sample Preparation / Compaction $ 275.00 Direct Shear Remolded (ASTM D3080) $ 330.00 CBR (ASTM D1883/AASHTO T-180) $1,250.00 % Lumps/Friable Particles (ASTM C142) $ 102.00 Preparation of Soil-Cement Samples $ 947.00 '% Organics in Soil (ASTM D2974) $ 172.00 Soluble Sulfate Chloride & Sulfide $ 164.00 Direct Shear (ASTM D3080) $ 276.00 pH Sulphate & Chloride $ 83.00 Remolded Direct Shear (ASTM D3080) $ 330.00 Corrosivity - Sulfate Chloride Sulfide $ 164.00 Remolded Flexwall Perm (ASTM D5084) $ 704.00 Corrosivity - Soil pH Test $ 83.00 JMF Mix Design, Superpave / Caltrans $11,274.00 Bitumen Content - Ignition (ASTM D6307 / CT382 / AASHTO T308) $ 155.00 JMF Verification - HMA - Superpave / Caltrans $6,533.00 Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) $ 656.00 JMF Production Startup - Superpave / Caltrans $6,078.00 Gradation from Extraction (ASTM D5444 / AASHTO T30) $ 123.60 RAP Material Testing - Additional Fee $ 790.00 Bulk Specific Gravity (CT308 / AASHTO T275 / ASTM D2726) $ 45.00 Rubberized RHMA Material - Additional Fee $1,824.00 HMA Theo. Max Density Rice Method (ASTM D2041 / CT 309 / AASHTO T209) $ 155.00 JMF Mix Design, HVEEM $3,900.00 Volumetric Calculations (VMA, VFA, DP, AV, Eff. Calcs) $ 67.00 JMF Mix Design, Marshall $4,627.00 Moisture Content of Asphalt (CT 370 / AASHTO T329) $ 83.00 Open Graded Asphalt Optimum Bitumen Content (CT 368) $2,785.00 Film Stripping $ 111.00 Gyratory Compaction - Set of 3 (AASHTO T312) $ 421.00 Compaction/Preparation of HMA Briquette (CT 304) $ 276.00 Hamburg Wheel Track (AASHTO T324) $2,500.00 Stabilometer Value - Set of 3 (CT366) $ 350.00 Tensile Strength Ratio (CT 371 / AASHTO T283) $1,380.00 Lab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) $1,850.00 Marshall Maximum Density (ASTM D6926) $ 368.00 Calculated AC Maximum Density (CT 367) $ 125.00 Marshall Stability & Flow (ASTM D6927) $ 315.00 Thickness Determination of AC Cores $ 27.00 Compression Test Concrete - Per Cylinder (ASTM C39) $ 35.00 Flexural Test per Beam (ASTM C78 / CT 523) $ 112.00 Compression Test Concrete - Set of 4/5 (ASTM C39) $ 171.00 Linear Shrinkage - Set of 3 (ASTM C157) $ 500.00 Compression Test of Core (ASTM C42) $ 76.00 Unit Weight Lt Wt Concrete (ASTM C567) $ 70.00 Compressive Strength of Shotcrete Panel $ 400.00 Splitting Tensile Strength of Concrete (ASTM C496) $ 150.00 Compression Test Composite CMU Prism (1) $ 208.00 Compressive Strength CMU Block (ASTM C140) $ 240.00 Compression Test Grout (Set of 4) $ 151.00 Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) $ 276.00 Compression Test Mortar (Set of 3) $ 138.00 Masonry Linear Shrinkage (ASTM C426) $ 507.00 Tensile & Bend of Rebar #3-11 $ 186.00 Brinell Hardness of Steel (ASTM E10) $ 125.00 Slip and Tensile Rebar Couplers (CT 670) $ 270.00 Rockwell Hardness of Steel (ASTM E18) $ 125.00 Bolt Proof & Ultimate Load $ 178.00 Face Bend of Steel Coupon $ 76.00 Bolt Hardness - Set of 3 $ 125.00 Root Bend of Weld Coupon $ 76.00 Nut Proof Load - Set of 3 $ 178.00 Side Bend of Weld Coupon $ 76.00 Nut Hardness - Set of 3 $ 125.00 Tensile Test of Steel Coupon $ 105.00 Washer Hardness - Set of 3 $ 125.00 Bend Test of Steel Coupon $ 90.00 Dry Density Fireproofing (ASTM E605) $ 119.00 Adhesion / Cohesion Fireproofing Materials $ 159.00
METALS & FIREPROOFING
Escalation: The rates noted below are subject to an annual increase of 3% or the Consumer Price Index for the San Francisco Bay Area, whichver is greater, effective July 1 of each year following the initiation of a services agreement.
MATERIALS LABORATORY TESTS
Standard Rate Applys to Normal Testing Schedule. Rush Order Turnaround Time Charged at 1.5 x Standard Unit Rates.
HOT MIX ASPHALT
CONCRETE & MASONRY
SOILS & AGGREGATES
BSK Fee Schedule 2023-2-NCE-STAN Page 3 of 3 268
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: July 9, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Creating Zone 192 within the Oakley Special Police Tax Area consisting of the Rosewood Estates project (Subdivision 8787) located at 4073 Rose Avenue (APN 035-220-035-6)
Background and Analysis
On March 23, 2010, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed Rosewood Estates project (Subdivision 8787) (the “Project”). The Project is designated as Single Family Residential, High Density (SH) in the Oakley 2020 General Plan and zoned R-6 (Single-Family Residential) on the City of Oakley Zoning Map. The Project is currently comprised of APN 035-220- 035-6, which is expected to be subdivided into 58 single-family residential parcels at build-out.
The Conditions of Approval for the Project require the Developer to mitigate the financial impact their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Project has requested the City assist with annexing the Project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.
Beginning May 2016, the City established its own police department and no longer contracts with the Sheriff’s office to provide public safety. In order to ensure that revenue grows at a rate sufficient to cover the cost of providing police services, City Council approved Resolution No. 113-16 on July 12, 2016, that allows for an adjustment in the annual tax per parcel by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area to become effective July 1, 2016.
Adoption of the attached resolution and introduction of the attached ordinance will set an election date for September 3, 2024, which shall be conducted by the City Clerk via a mail ballot election. The vote will then be ratified at the September 10, 2024, regular City Council meeting, and the ordinance will take effect at that time assuming a favorable vote.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Approved and
Forwarded to the
City Council
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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
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 192 to the Oakley Special Police Tax Area. The FY 2024-25 special tax rate for single family parcels is $1,330.64/parcel (FY 2024-25 rates). The project is anticipated to consist of 58 single-family parcels at build-out. Therefore, successful creation of the Zone is expected to provide up to $77,177.12 (in FY 2024-25 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2025-26.
Staff Recommendation
The Conditions of Approval for the Rosewood Estates project located at 4073 Rose Avenue (APN 035-220-035-6) require the property owner to mitigate their financial impact on the police services budget. Adoption of this resolution and ordinance will set an election to be held on September 3, 2024. The election will then be ratified at the September 10, 2024, regular City Council meeting. Staff recommends that the City Council:
1. Adopt the Resolution creating Zone 192 within the Oakley Special Police Tax Area consisting of the Rosewood Estates project located at 4073 Rose Avenue (APN 035-220-035-6); and
2. Introduce the Ordinance Establishing a Special Tax for Police Protection.
Attachments
1. Resolution Creating Oakley Special Police Tax Zone 192
1. Exhibit A - Diagram
2. Ordinance Establishing a Special Tax
1. Exhibit A – Diagram
2. Exhibit B – Schedule for Police Service Tax
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RESOLUTION NO. ___-24
A RESOLUTION CREATING OAKLEY SPECIAL POLICE TAX AREA ZONE 192
WITHIN THE OAKLEY SPECIAL POLICE TAX AREA FOR THE ROSEWOOD ESTATES PROJECT (SUBDIVISION 8787) LOCATED AT 4073 ROSE AVENUE (APN 035-220-035-6)
WHEREAS, it is the intention of the City Council to create Oakley Special Police Tax Area Zone 192 (Zone 192) within the Oakley Special Police Tax Area and authorize an election; and
WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for police services within Zone 192; and
WHEREAS, the City recognizes the need for increased police protection services within Zone 192 and the difficulty of funding the current or increased level of police services with revenues now available; and
WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct the election required by Government Code Section 53978, to be conducted by mail ballot pursuant to Elections Code Section 4108 and to be held on the earliest date permitted by law; and
WHEREAS, the property located at 4073 Rose Avenue known as Rosewood Estates (the “Project”) is designated as Single Family Residential, High Density (SH) in the Oakley 2020 General Plan and zoned R-6 (Single-Family Residential) on the City of Oakley Zoning Map. The Project is currently comprised of APN 035-220-035-6, which is expected to be subdivided into 58 single-family residential parcels at build-out. The Conditions of Approval for the Project require the Developer to mitigate the financial impact that their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Project has requested the City assist with annexing the Project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval. The initial annual special tax rate for single family parcels is $1,330.64/parcel (FY 2024-25 rates) per the rate schedule that was adopted by the City Council on July 12, 2016, by Resolution No. 113-16; and
WHEREAS, this Resolution is adopted pursuant to Government Code section 53978; and WHEREAS, under Government Code section 53978 and for the purposes of this Resolution, a "voter" entitled to vote on the creation of Zone 192 is a person who owns real property within Zone 192 at the time Ordinance No. __-24 is adopted, as shown on the last equalized assessment roll prepared by the Contra Costa County Assessor's Office.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby finds and determines as follows:
1. All of the City of Oakley shall be considered as the Oakley Special Police Tax Area.
2. That portion of the City of Oakley shown on the plats titled Exhibit "A" is established as Zone 192 of the Oakley Special Police Tax Area.
3. That Ordinance No. __-24 introduced this date is to be presented for approval of the voters of Zone 192 by a mail ballot election, to be held on September 3, 2024. The ballot proposition shall read as follows:
"Shall Ordinance No. __-24 of the City Council of the City of Oakley be approved so as to authorize a special tax on property located in Zone 192 of the Oakley Special Police Tax Area to maintain the present level of police protection service and provide additional funding for increased police protection service? The initial annual special tax rate for County use code 11 (Single Family Residence – 1 res., 1 site) is $1,330.64 per parcel and $665.32 per vacant parcel per the current FY 2024-25 rate schedule."
4. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held on a date other than the same date as a statewide direct primary election or statewide general election as specified above.
5. Zone 192 of the Oakley Special Police Tax Area shall not be created, and the tax authorized in Ordinance No. __-24 shall not be imposed if the Ordinance is not approved by two-thirds of the voters participating in the election called in Ordinance No. __-24.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on July 9, 2024, by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
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Anissa Williams, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 192
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
ROSEWOOD ESTATES (SUBDIVISION 8787)
Legend
Zone 192 Boundary
Parcel Lines
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ORDINANCE NO. __-24
AN ORDINANCE OF THE CITY OF OAKLEY ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 192 WITHIN THE OAKLEY SPECIAL POLICE TAX AREA
FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE ROSEWOOD ESTATES PROJECT (SUBDIVISION 8787) LOCATED AT 4073 ROSE AVENUE (APN 035-220-035-6)
The Voters of the City of Oakley do ordain as follows:
Section 1. Purpose, Intent and Authority.
It is the purpose and intent of this Ordinance to authorize the levy of a special tax on real property that is within Oakley Special Police Tax Area Zone 192 of the Oakley Special Police Tax Area as shown on the Exhibit A map attached hereto in order to provide funding for police protection to serve the property and persons within said Zone.
This Tax is a special tax within the meaning of Section 4 of Article XIIlA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law.
The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 192.
This Ordinance is enacted pursuant to the authority of Government Code Section 53978.
Section 2. Definitions.
The following definitions shall apply throughout this Ordinance.
A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services for the City of Oakley's cost of obtaining police services. The base amount shall be the 275
amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.
B. "Fiscal year" means the period of July 1 through the following June 30.
C. "Oakley Special Police Tax Area" includes all properties within the jurisdictional limits of the City of Oakley.
D. Oakley Special Police Tax Area Zone 192 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.
E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 192, nor any land or improvements owned by any governmental entity.
F. Pursuant to Government Code §53978, "voter" means a person owning real property within the Zone at the time this Ordinance was adopted, as shown on the last equalized assessment role prepared by the Contra Costa County Assessor's Office.
Section 3. Amount and Level of Taxes.
The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2024, through June 30, 2025) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
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B. For Subsequent Fiscal Year:
The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2025, by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
In no event shall the tax per parcel for any fiscal year be less than the amount established for the previous fiscal year.
C. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.
Section 4. Collection and Administration.
A. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.
B. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which the County of Contra Costa collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exceptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
i) The secured roll tax bills shall be the only notices required for this tax, and ii) The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
C. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
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Section 5. Severability Clause.
If any article, section, subsection, sentence, phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.
Section 6. Effective Date and Posting.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on September 3, 2024, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2025. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on September 10, 2024, by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 192
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
ROSEWOOD ESTATES (SUBDIVISION 8787)
Legend
Zone 192 Boundary
Parcel Lines
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PROPERTY USE
CODE CATEGORY DESCRIPTION
FY23/24 TAX
PER PARCEL
FY24/25 TAX
PER PARCEL
11 Single Family Residence – 1res., 1 site $1,282.30 $1,330.64 12 Single Family Residence – 1 res., 2 or more sites $1,282.30 $1,330.64 13 Single Family Residence – 2 res., on 1 or more sites $2,051.68 $2,129.02 14 Single Family Residence – other than single fam. Land $1,282.30 $1,330.64 15 Misc. Improvements – 1 site $1,282.30 $1,330.64
16 Misc. Improvements – 2 or more sites $1,282.30 $1,330.64 17 Vacant – 1 site $641.15 $665.32
18 Vacant – 2 or more sites $641.15 $665.32
19 Single Family Residence – Det. W/common area $1,282.30 $1,330.64 20 Vacant – Multiple $641.15 $665.32
21 Duplex $2,051.68 $2,129.02
22 Triplex $3,077.52 $3,193.54
23 Fourplex $4,103.36 $4,258.05
24 Combinations $1,282.30 $1,330.64
25 Apartments (5 –12 Units) $5,129.20 $5,322.56
26 Apartments (13 – 24 Units) $13,335.92 $13,838.66
27 Apartments (25 – 59 Units) $25,646.00 $26,612.80
28 Apartments (60+ units) $61,550.40 $63,870.72
29 Attached PUDs: Cluster Homes, Condos, etc. $1,282.30 $1,330.64 30 Vacant – Commercial $641.15 $665.32
31 Commercial Stores – Not Supermarkets $2,564.60 $2,661.28 32 Small Grocery Stores – (7-11, etc.) $3,846.90 $3,991.92 33 Office Buildings $2,564.60 $2,661.28
34 Medical, Dental $2,564.60 $2,661.28
35 Service Stations, Car Wash $2,564.60 $2,661.28
36 Garages $2,564.60 $2,661.28
37 Community Facilities (Recreational, etc.) $5,129.20 $5,322.56 38 Golf Courses $2,564.60 $2,661.28
39 Bowling Alleys $1,282.30 $1,330.64
40 Boat Harbors $3,205.75 $3,326.60
41 Supermarkets – (not shopping centers) $3,846.90 $3,991.92 42 Shopping Centers $5,129.20 $5,322.56
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,282.30 $1,330.64 44 Motels, Hotels & Mobile Home Parks $6,411.50 $6,653.20 45 Theaters $2,885.18 $2,993.94
46 Drive-in Restaurants $1,923.45 $1,995.96
47 Restaurants $1,923.45 $1,995.96
48 Multiple & Commercial $1,923.45 $1,995.96
49 New Car Agencies $1,923.45 $1,995.96
50 Vacant Land (not part of Ind. Park or P. & D.) $480.86 $498.99 51 Industrial Park $3,846.90 $3,991.92
52 Research & Development $1,923.45 $1,995.96
53 Light Industrial $1,923.45 $1,995.96
54 Heavy Industrial $1,923.45 $1,995.96
55 Mini Warehouses (public storage) $3,846.90 $3,991.92 56 Misc. Improvements $3,846.90 $3,991.92
61 Rural, Res., Improvement 1A-10A $961.73 $997.98
62 Rural, w/or w/o structure 1A-10A $961.73 $997.98
70 Convalescent Hospitals / Rest Homes $1,923.45 $1,995.96 73 Hospitals $1,923.45 $1,995.96
74 Cemeteries / Mortuaries $1,923.45 $1,995.96
75 Fraternal & Service Organizations $1,923.45 $1,995.96 76 Retirement Housing Complex $6,411.50 $6,653.20
78 Parks & Playgrounds $3,846.90 $3,991.92
85 Public & Private Parking $1,923.45 $1,995.96
87 Common Area $1,923.45 $1,995.96
88 Mobile Homes $961.73 $997.98
89 Other (split parcels in different tax code areas) $961.73 $997.98 99 Homeowner's Association Owned Common Areas $769.38 $798.38
CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2023-24 in the San Francisco-Oakland-Bay Area Consumer Price 3.77% Index for all Urban Consumers.
CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2024/2025
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
6/19/2024 280
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: July 9, 2024
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Zoning Text Amendments – Winery-Related Uses and Carwash Highway Buffers (RZ 02-24)
Summary
This is a City-initiated application requesting approval of a Rezoning (RZ 02-24) consisting of zoning text amendments to amend 1) Oakley Municipal Code (“OMC”) section 9.1.404.c.9 so that wineries, tasting rooms, and processing of agricultural products are not only conditionally permitted in the R-20 and R-40 District, but also in other R Districts on properties of at least 20,000 square feet that have an existing vineyard; and 2) OMC section 9.1.1238.c.6, a performance standard for applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project”).
Background
WINERIES, TASTING ROOMS, AND PROCESSING OF AGRICULTURAL
PRODUCTS
Oakley Municipal Code (“OMC”) section 9.1.404.c.9, which governs regulations for residentially zoned properties, conditionally permits (I.e., requires approval of a conditional use permit) “Wineries, tasting rooms, and processing of agricultural products only in the R-20 and R-40 residential districts.” These uses are also conditionally permitted in the AL (Limited Agricultural) District, per OMC section
9.1.402.c.9.
The R-20 and R-40 Districts have minimum lot sizes required in each district, which are 20,000 square feet and 40,000 square feet, respectively. The OMC does not permit the use of Wineries, tasting rooms, and processing of agricultural products in any of the single family residential districts with minimum lot sizes less than 20,000 square feet (R-6, R-7, R-10, or R-15). The AL District has a minimum lot size of 1 acre, which equates to 43,560 square feet.
CARWASHES
OMC section 9.1.1238 “Carwashes” is a Special Land Use section that addresses performance and operational standards required for all proposed carwash uses.
Approved and
Forwarded to the
City Council
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CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Details of the performance standards state there shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition to capping the number of carwashes on a site or within a shopping center, another performance standard requires that a proposed carwash be a minimum of 1,000 feet from any existing carwash as measured between the shortest distance from either the perimeter of the carwash operation or parcel lines.
OMC section 9.1.1240 “Gas Stations” has a similar performance standard that requires a 500-foot buffer between gas station uses; however, that standard also states that the 500-foot buffer does not apply if a gas station is located within 1,000 feet of a highway on/off ramp or is part of a larger master development of at least 45,000 square feet of building floor area. This proposed zoning text amendment proposes to add a similar buffer exclusion for carwashes.
PLANNING COMMISSION PUBLIC HEARING (MAY 7, 2024)
On May 7, 2024, the Planning Commission held a duly noticed public hearing on the item. One item of discussion was on the 20,000-foot requirement related to wineries, tasting rooms, and processing of agricultural products. It was clarified that the minimum size requirement applied to the entire parcel and not just the size of an existing vineyard. Another question related to carwash use of recycled water.
Information was provided that carwashes have recycling systems to filter and re-use water within their systems to reduce overall water usage. No public comments were received. After deliberations, the Planning Commission voted 5-0 to adopt Planning Commission Resolution 9-24 recommending the City Council adopt an ordinance approving the project.
Proposed Ordinance
The proposed ordinance would modify two sections of the municipal code as follows (underline represents added language; strikethrough represents deleted language)
WINERIES, TASTING ROOMS, AND PROCESSING OF AGRICULTURAL
PRODUCTS
OMC 9.1.404 Single Family Residential District (R-6; R-7; R-10; R-15; R-20; R-40). c. Uses Requiring a Conditional Use Permit. The following uses are permitted upon the issuance of a conditional use permit.
9. Wineries, tasting rooms, and processing of agricultural products only in the R-20 and R-40 residential districts and in the other R districts when a lot is a 282
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CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US minimum 20,000 square feet in size and contains an existing vineyard at the time of the application.
CARWASHES
OMC 9.1.1238 Carwashes.
c. Performance Standards.
6) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within one thousand (1,000) feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director. An exception to the one thousand (1,000) foot buffer may be considered if a carwash is located within one thousand (1,000) feet of a highway on/off ramp, subject to the approval of the applicable decision-making body.
Analysis
The main purpose of the proposed zoning text amendments is to encourage further economic development within the City of Oakley.
WINERIES, TASTING ROOMS, AND PROCESSING OF AGRICULTURAL
PRODUCTS
The existing code is written so that wineries and related uses are only allowed to be proposed on a lot of at least 20,000 square feet in size that is also zoned AL, R-20, or R-40 District. Oakley has a rich history in viticulture and there are many scattered vineyards on residential properties of at least 20,000 square feet, but that are zoned R-6 through R-15; thereby, not being eligible to apply for a conditional use permit for a winery/tasting room, etc. Vineyards are often faced with the dilemma of trying to maintain a vineyard in a growing city or sell the land to a perspective developer/speculator. Passing this ordinance will provide small vineyard owners on properties of at least 20,000 square feet the option to apply for a conditional use permit for a commercial winery, tasting room, or other processing of their viticulture products, which will result in helping viticulturalists continue their practices by opening new avenues for financial stability and opportunities for more small businesses in the City of Oakley. These additional use options are expected to be sought after by some property owner/vineyard owners, which would help to further preserve some of Oakley’s smaller vineyards.
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CARWASHES
Currently, the maximum number of carwashes on a single site or within a single shopping center is capped at one. Also, a carwash is required to be 1,000 feet from any other carwash on a different site. As infill development continues within the growing City of Oakley, the applicable performance standard serves to reduce potential over-saturation of carwashes in a given area. Adoption of a buffer exclusion for uses within 1,000 feet of a highway on/off ramp would not change how the municipal code applies to most of the commercial areas in Oakley, such as along Empire Avenue, O’Hara Avenue, Laurel Road, or Cypress Road. The exclusion would apply to the four corners at the intersection of Main Street, Neroly Road and Bridgehead Road, which is an area near Highway 160 and mostly surrounded by other commercial uses. This area is unique in the City as one surrounded by commercial and light industrial development that is not as walkable from nearby residential as many other commercial areas in Oakley. Adopting this buffer exclusion would open new opportunities for development/redevelopment of this intersection without the potential impact of carwash saturation.
Findings
Draft findings can be found in the proposed resolution.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the Oakley Strategic Plan 27+ Community and Economic Development Goal to inspire and encourage Community and Economic Development through Strategic and thoughtful growth, a business friendly environment, and local employment opportunities.
Environmental Determination
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.
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O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
No fiscal impact is associated with the preparation of this staff report and accompanying attachments. Costs associated with amending the Zoning Code on City-initiated projects, including staff time associated with this zoning text amendment, are funded through the City’s General Fund.
Staff Recommendation
Staff recommends the City Council waive the first reading and introduce an ordinance amending Oakley Municipal Code sections 9.1.404.c.9 and 9.1.1238.b.6 and finding the action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
Attachments
1. Notice of Public Hearing
2. Planning Commission Resolution 9-24
3. Draft Ordinance
285
City of Oakley
3231 Main Street
Oakley, CA 94561
This is a Notice of Public Hearing
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NOTICE OF PUBLIC HEARING
Notice is hereby given that on July 9, 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 project as described below:
Project Name: Zoning Text Amendments – Winery-Related Uses and Carwash Highway Buffers (RZ 02-24).
Project Location: In applicable Zoning Districts within the City of Oakley’s jurisdiction.
Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561.
Request: City-initiated application requesting approval of a Rezoning (RZ 02-24) consisting of zoning text amendments that are proposed to amend 1) Oakley Municipal Code (“OMC”) Section 9.1.404.c.9 so that wineries, tasting rooms, and processing of agricultural products are not only conditionally permitted in the R-20 and R-40 District, but also in other R Districts on properties of at least 20,000 square feet that have an existing vineyard; and 2) OMC Section 9.1.1238.c.6, a performance standard for applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project”).
How to Review: The Staff Report and its attachments will be available for public review, on or before July 2, 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 July 9, 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. 287
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Ordinance No. 1 of 3
ORDINANCE NO. -24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING OAKLEY MUNICIPAL CODE SECTIONS 9.1.404.C.9 RELATED TO WINERIES,
TASTING ROOMS, AND PROCESSING OF AGRICULTURAL PRODUCTS AND
9.1.1238.B.6 (RZ 02-24) RELATED TO CARWASHES, AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, this is a City-initiated application requesting approval of a Rezoning (RZ 02-24) consisting of zoning text amendments to amend 1) Oakley Municipal Code (“OMC”) section 9.1.404.c.9 so that wineries, tasting rooms, and processing of agricultural products are not only conditionally permitted in the R-20 and R-40 District, but also in other R Districts on properties of at least 20,000 square feet that have an existing vineyard; and 2) OMC section 9.1.1238.c.6, a performance standard for applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project ); and WHEREAS, on May 7, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Rezone (RZ 02-24), received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter. Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 9-24 recommending the City Council adopt the proposed Ordinance; and
WHEREAS, on or before June 28, 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 Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to outside agencies and to parties requesting such notice; and
WHEREAS, on July 9, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance, received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission and discussed the matter; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
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Ordinance No. 2 of 3
SECTION 2. Additional Findings.
A. The City Council finds the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.
B. Amending OMC section 9.1.404.c.9 related to wineries, tasting rooms, and processing of agricultural products will provide small vineyard owners on properties of at least 20,000 square feet the option to apply for a conditional use permit for a commercial winery, tasting room, or other processing of their viticulture products, which will result in helping viticulturalists continue their practices by opening new avenues for financial stability and opportunities for more small businesses in the City of Oakley. These additional use options are expected to be sought after by some property owner/vineyard owners, which would help to further preserve some of Oakley’s smaller vineyards.
C. Amending OMC section 9.1.1238.b.6 related to carwash highway buffers would open new opportunities for development/redevelopment of this intersection without the potential impact of carwash saturation.
SECTION 3. Subsection 9.1.404.c.9 of the Oakley Municipal Code Section 9.1.404 titled, “Single-Family Residential Districts (R-6; R-7; R-10; R-12; R-15; R-20; R-40)” is hereby repealed and amended, as follows:
“9. Wineries, tasting rooms, and processing of agricultural products only in the R20 and R-40 residential districts and in the other R districts when a lot is a minimum 20,000 square feet in size and contains an existing vineyard at the time of the application.”
SECTION 4. Subsection 9.1.1238.b.6 of the Oakley Municipal Code Section 9.1.1238 titled, “Carwashes” is hereby amended, as follows:
“6) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within one thousand (1,000) feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director. An exception to the one thousand (1,000) foot buffer may be considered if a carwash is located within one thousand 291
Ordinance No. 3 of 3
(1,000) feet of a highway on/off ramp, subject to the approval of the applicable decision-making body.”
SECTION 5. California Environmental Quality Act (CEQA).
This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment.
SECTION 6. Effective Date and Posting.
This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on ________________, 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_____________________________________
Anissa Williams, Mayor Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
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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: July 9, 2024
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: Bernard Corners Rezone (RZ 01-24) – Request to Rezone a Parcel from Planned Unit Development to General Commercial
Summary
This is an application by Brian J. Kelly (“Applicant”) requesting approval of a Rezone (RZ 01-24) to accommodate commercial development of a property (“Project”). The subject property is a 1.68-acre triangular parcel at the corner of Bernard Road and Main Street.
The property is currently zoned P-1 (Planned Unit Development) District and the owner is requesting to rezone the property to C (General Commercial) District in order to make the parcel consistent with its Commercial (CO) General Plan land use designation and accommodate commercial development. (APN 033-320-033)
Background
GENERAL PLAN AND ZONING
• The General Plan Land Use Designation for the project site is Commercial (CO).
The Commercial (CO) designation allows for a wide range of retail, service, office, restaurant, lodging, auto-service, and public/semi-public uses. The specific uses and development form permitted on a particular site depend on the zoning and surrounding land uses, with potentially incompatible uses like those generating noise or vibration not allowed near residential areas.
• The site is zoned P-1 (Planned Unit Development) District as depicted on the City of Oakley Zoning Map. P-1 zoning is typically utilized by large-scale development requiring cohesive design with flexible regulations whereas the application of conventional regulation, designed primarily for individual lot development may create a monotonous and inappropriate neighborhood or development. It is typically used at the neighborhood or industrial complex scale.
After reviewing all available records, City Staff were unable to determine the reason for the original zoning designation for the parcel and were unable to find an associated resolution for a Planned Unit Development that included the site. It is assumed the site was included as part of an adjacent P-1 District during a subdivision that occurred in 1991, but that it was not included as part of the development.
PLANNING COMMISSION PUBLIC HEARING
On June 4, 2024, the application was presented to the Planning Commission as Approved and
Forwarded to the
City Council
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CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US a public hearing item. The role of the Planning Commission at that hearing was to receive the Staff Report from Staff and public testimony from the applicant, public, and any interested parties, and make a recommendation to the City Council on the project. At the end of that public hearing, the Planning Commission adopted Resolution 11-24 recommending the City Council make findings and approve the Rezoning. A copy of the adopted resolution is included as an attachment to this report for additional reference and background. No public comment was submitted regarding this item at that meeting.
Project Description
The applicant is requesting approval of a Rezone to C (General Commercial) District to accommodate commercial development of the property. Commercial development may not move forward with the property’s current P-1 zoning unless it was accompanied by a Rezone application at the time of other entitlement requests. The applicant finds that rezoning will remove potential barriers and allow themselves the same abilities to utilize their property as other nearby commercial properties may be used.
Applications for Rezonings are governed by section 2.4.012, Rezoning, of the Oakley Municipal Code. Rezonings may be granted when it can be shown the project shall comply with the following:
1) The change proposed will substantially comply with the general plan; 2) The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts; and 3) Community need, but not necessarily future financial success, has been demonstrated for the use proposed.
Analysis
The applicant’s proposal is consistent with the criteria for rezonings outlined in the municipal code. The rezone to C (General Commercial) District is consistent with the property’s Commercial (CO) General Plan Land Use Designation. The land uses that would be permitted on the property as a result of the rezoning are the same as those permitted and established on the commercial properties north of the project site. The surrounding community has a need for additional Commercial land uses in this area of the City, especially on corner parcels along primary thoroughfares such as in this case.
Environmental Review
The request for a rezone to General Commercial District on a property designated commercial in the general plan is deemed to be exempt from the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense Exemption. The project is consistent with the general plan 294
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CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US and cannot be expected to impact the physical environment or public health, safety, or welfare.
Findings
Complete draft findings are included in the attached resolution.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”.
Reviewing applications for compliance with Oakley’s development standards ensures strategic and thoughtful growth.
Fiscal Impact
The approval of this extension would not impact the General Fund. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the developer account funded by the developer.
Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance rezoning the subject parcel.
Attachments
1. Vicinity Map
2. Notice of Public Hearing
3. Planning Commission Resolution 11-24
4. Draft Ordinance
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Vicinity Map
Bernard Corners Rezone (RZ 01-24)
296
NOTICE OF PUBLIC HEARING
Notice is hereby given that on July 9, 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 application as described below:
Project Name: Bernard Corners Rezone (RZ 01-24)
Project Location: The project site is a vacant parcel at the corner of Main Street and Bernard Way, Oakley, CA 94561 APN 033-320-033
Applicant: Brian J Kelly, 12241 Saratoga Sunnyvale Road, Saratoga, CA 95070, [email protected], 408-873-8774
Request: This is an application by Brian J. Kelly (“Applicant”) requesting approval of a Rezone (RZ 01-24) to accommodate commercial development of a property (“Project”). The subject property is a 1.68-acre triangular parcel at the corner of Bernard Road and Main Street. The property is currently zoned P-1 (Planned Unit Development) District and the owner is requesting to rezone the property to C (General Commercial) District in order to make the parcel consistent with its Commercial (CO) General Plan land use designation and accommodate commercial development. (APN 033-320-033)
How to Review: The Staff Report and its attachments will be available for public review, on or before July 2, 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 July 9, 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 Evan Gorman, Associate Planner 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. 297
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Ord. No -24 Page 1 of 3 July 9, 2024
ORDINANCE NO. -24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A REZONE TO REZONE A 1.68-ACRE SITE FROM P-1 (PLANNED UNIT DEVELOPMENT) DISTRICT TO C (GENERAL COMMERCIAL) DISTRICT APN 033- 320-033
FINDINGS
WHEREAS, on March 13, 2024, Brian J Kelly (“Applicant”) filed an application requesting approval of the following entitlements (“Project”):
Rezone (RZ 01-24) of 1.68 acres from P-1 (Planned Unit Development) District to C (General Commercial) District;
WHEREAS, the project site is located at the northeast corner of Bernard Road and Main Street and is zoned P-1 (Planned Unit Development) District. (APN: 033-320-033); and
WHEREAS, the proposal complies with the requirements of the rezoning application requirements of Section 2.4.012 (a) of the Oakley Municipal Code; and WHEREAS, on June 4, 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. XX-XX recommending the City Council approve the project; and WHEREAS, on or before June 28, 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, was posted to the City’s website, and was mailed out to all 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 July 9, 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 approving the project, as conditioned; and The City Council of the City of Oakley does ordain as follows:
SECTION 1. Findings
A. Pursuant to Section 2.4.012 of the Oakley Municipal Code, the City Council of the City of Oakley hereby finds and determines as follows:
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Ord. No -24 Page 2 of 3 July 9, 2024
1. The rezone to C (General Commercial) District is consistent with the property’s Commercial (CO) General Plan Land Use Designation, and the description of the General Plan Land Use area provided in the General Plan describes the intention of accommodating uses that exactly align with those permitted within the proposed zoning district, and those uses have been permitted on other properties with the same General Plan Land Use District and Zoning District over the City’s history; and
2. The land uses that would be permitted on the property as a result of the rezoning are the same as those permitted and established on the commercial properties north of the project site; and
3. The surrounding community has a distinct need for additional Commercial land uses in this area of the City, especially on corner parcels along primary thoroughfares such as in this case; and
SECTION 2. Property Defined and Rezoned
A. 1.68-acre of real property located at the northeast corner of Bernard Road and Main Street, Oakley, CA 94561 (APN 033-320-033).
SECTION 3. California Environmental Quality Act (CEQA) Finding The request for a rezone to General Commercial District on a property designated commercial in the general plan is deemed to be exempt from the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense Exemption.
The project is consistent with the general plan and cannot be expected to impact the physical environment or public health, safety, or welfare.
SECTION 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held unconstitutional, invalid or unenforceable.
SECTION 5. Effective Date and Posting
This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed office in the City 303
Ord. No -24 Page 3 of 3 July 9, 2024
Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on __________________, 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
__________________________________________
Anissa Williams, Mayor Date
ATTEST:
________________________________________
Libby Vreonis, City Clerk Date
304
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: July 9, 2024
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: Oakley Village Subdivision 9577 Tentative Map Extension (TME 01-24) – Request for a Three Year Extension to an Approved Subdivision Map Summary
This is an Application by Edgemont Station LLC (“Applicant”) requesting approval of a Tentative Map Extension (TME 01-24) for Subdivision 9577 (known as “Oakley Village”) for a period of three (3) additional years (“Project”). This will be the first discretionary extension for this approval. The approved Tentative Map consists of approximately 14.75 acres subdivided into 42 single-family residential lots (minimum lot size of 10,000 square feet).
The project site is located west of the intersection of Sellers Avenue and BNSF Railroad tracks and zoned R-10 (Single Family Residential) District. APNs: 033-150-011 and 033- 150-018.
Background
GENERAL PLAN AND ZONING
• The General Plan Land Use Designation for the project site is Residential Low (RL) (Designated in Oakley’s 2020 Focused General Plan update; the land was designated Single Family Residential, Medium Density (SM) at the time of the original approval).
• The site is zoned R-10 (Single-Family Residential) District as depicted on the City of Oakley Zoning Map.
PREVIOUS ENTITLEMENTS
On November 9, 2021, the City Council approved Tentative Map 9577 and the associated Mitigated Negative Declaration through City Council Resolution No. 135-
21. The Tentative Map received a three (3) year entitlement period from its resolution approval date, and therefore, was originally set to expire on November 9, 2024. The applicant submitted a written request for an extension on April 3, 2024.
PLANNING COMMISSION PUBLIC HEARING (JUNE 4, 2024)
On June 4, 2024, the application was presented to the Planning Commission as a public hearing item. The role of the Planning Commission at that hearing was to receive the Staff Report from Staff and public testimony from the applicant, public, and any interested parties, and make a recommendation to the City Council on the project. At the end of that public hearing, the Planning Commission adopted Resolution 13-24 recommending the City Council make findings and approve the Approved and
Forwarded to the
City Council
305
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Tentative Map Extension. A copy of the adopted Planning Commission resolution is included as an attachment to this report. A Public Comment was submitted expressing concern for an owl on the property. Any development on this property will be subject to the requirements of the Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP).
Project Description
The applicant is requesting an extension of three (3) years to the entitlement of the approved Tentative Map. If approved, the map would not expire until November 9, 2027. The Subdivision Map Act permits an additional three (3) year extension beyond this application, should it be approved.
Environmental Review
The request for an extension to the Tentative Map will not result in any new physical impacts on the project, and therefore will not result in any new significant impacts when reviewed for conformance with the California Environmental Quality Act (“CEQA”). The project falls within the scope of the original CEQA analysis and no further environmental analysis is required.
Analysis
The Subdivision Map Act (Government Code 66452.6 (e)) allows the governing body with authority to approve a tentative map to extend that approval for a period not to exceed six (6) additional years from the original expiration date, excluding any automatic extensions passed by the State legislature that may apply. Following Planning Commission review, the City Council may grant multiple approvals on the same tentative map, so long as requests for extensions are submitted prior to expiration of the map, pursuant to the Subdivision Map Act.
The applicant is requesting a three (3) year extension to the Tentative Map to provide more time to feasibly develop the project. Approval of this extension would ensure the Tentative Map would still be valid for an additional three years. Staff finds that allowing for a three-year extension to the Oakley Village approval will not result in any direct or indirect public health, safety, or welfare issues. If this proposal were denied and a new project was proposed in the future, it would likely have similar right of way improvement requirements and the community would not see an added benefit from that.
CONDITIONS OF APPROVAL
Pursuant to the Subdivision Map Act, following Planning Commission review the City Council may approve or conditionally approve extensions to a tentative map. It is noted here and referenced in the proposed resolution’s findings that all conditions of 306
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US approval in City Council Resolution 135-21 that are not modified in the proposed resolution are still in full effect for this Tentative Map. Proposed conditions of approval reflect references to previous entitlements, standard language related to indemnification and applicant’s responsibilities, the new expiration date, and updates to condition language regarding establishing funding mechanisms to cover ongoing financial impacts to fire protection services, police services, and maintenance and operation services associated with public landscaping, parks, streetlighting, and stormwater facilities. These updates will supersede previous conditions that relied only on Community Facilities Districts (CFDs) to establish those funding mechanisms.
Findings
Complete draft findings are included in the attached resolution.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”.
Reviewing applications for compliance with Oakley’s development standards ensures strategic and thoughtful growth.
Fiscal Impact
The approval of this extension would not impact the General Fund. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the developer account funded by the developer.
Staff Recommendation
Staff recommends the City Council adopt the resolution approving the Tentative Map Extension (TME 01-24), which would extend the approval for an additional three (3) years, as conditioned.
Attachments
1. Vicinity Map
2. Notice of Public Hearing
3. Approved Tentative Map
4. Planning Commission Resolution 13-24
5. Draft Resolution
307
Vicinity Map
Oakley Village Subdivision 9577 Tentative Map Extension (TME 01-24) 308
NOTICE OF PUBLIC HEARING
Notice is hereby given that on July 9, 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 application as described below:
Project Name: Oakley Village Subdivision 9577 Tentative Map Extension (TME 01-24) Project Location: The project site is located west of the intersection of Sellers Avenue and BNSF Railroad tracks, APNs: 033-150-011 and 033-150-018, Oakley, CA 94561 Applicant: Edgemont Station LLC, 2443 Fair Oaks Blvd. #445 Sacramento, CA 95825, [email protected], 916-267-3861
Request: This is an Application by Edgemont Station LLC (“Applicant”) requesting approval of a Tentative Map Extension (TME 01-24) for Subdivision 9577 (known as “Oakley Village”) for a period of three (3) additional years (“Project”). This will be the first discretionary extension for this approval.
The approved Tentative Map consists of approximately 14.75 acres subdivided into 42 single-family residential lots (minimum lot size of 10,000 square feet). The project site is located west of the intersection of Sellers Avenue and BNSF Railroad tracks and zoned R-10 (Single Family Residential) District. APNs: 033-150-011 and 033-150-018.
How to Review: The Staff Report and its attachments will be available for public review, on or before July 2, 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 July 9, 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 Evan Gorman, Associate Planner 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. 309
City of Oakley
Planning Division
3231 Main Street
Oakley, CA 94561
This is a Notice of Public Hearing
310
30.12 BOW 30.06 TC 29.55 FL 29.75 LIP 29.74 TC 29.70 FL 29.80 LIP 29.73 TC 29.75 FL 29.86 LIP 30.42 BOW 30.36 TC 29.86 FL 29.98 LIP 30.18 BOW 30.06 TC 29.60 FL 29.62 LIP 30.07 LIP 30.00 FL 30.44 TC 30.51 BOW 30.36 BOW 30.22 TC 29.74 FL 29.82 LIP N89°27'35"W 118.63' KINGS CANYON WAY 10033 S.F. 2 10006 S.F. 15 10008 S.F. 23 10005 S.F. 26 10000 S.F. 18 10003 S.F. 25 10001 S.F. 17 10014 S.F. 24 10518 S.F. 35 10001 S.F. 3710546 S.F. 34 10000 S.F. 41 10001 S.F. 38 10521 S.F. 33 10205 S.F. 42 10001 S.F. 39 10001 S.F. 40 10028 S.F. 36 10256 S.F. 4 10026 S.F. 3 10115 S.F. 5 C STREET
B STREET C COURT D COURT A STREET
D STREET
B COURT
SELLERS AVENUE N85°07'57"E 303.48' S47°02'58"E 623.02'
N01°02'33"E 257.80' N89°26'45"W 856.69'
N00°32'25"E 341.30' N89°26'44"W 167.64'
N00°32'25"E 797.91' N89°28'00"W 15.27' N22°29'27"E 55.19' S47°02'58"E 350.95' S00°32'35"W 304.57' TAMARACK DRIVE 10006 S.F. 14 10001 S.F. 610000 S.F. 710000 S.F. 8 10000 S.F. 1 10525 S.F. 31 10022 S.F. 30 10016 S.F. 29 10013 S.F. 27 10505 S.F. 32 10003 S.F. 28 10001 S.F. 16 10012 S.F. 21 10050 S.F. 2210000 S.F. 19 10003 S.F. 20 10049 S.F. 10 10004 S.F. 11 10019 S.F. 1210001 S.F. 13 10000 S.F. 9 odellengineering.com 1165 Scenic Drive, Suite A Modesto, CA 95350
OAKLEY VILLAGE
VESTING TENTATIVE MAP
OAKLEY, CALIFORNIA 2 Know what'sbelow. Callbefore you dig. R 0 30 60 120 SCALE: 1" = 60' VICINITY MAP GENERAL NOTES TYPICAL IN-TRACT STREET SECTION (56' R/W) *PER OAKLEY STD. PLAN X-02 NOT TO SCALE SELLERS AVENUE WIDENING (92' R/W) NOT TO SCALE LOT SUMMARY LOT AREA (SF) NUMBER OF LOTS 10,000-10,500 35 10,501-11,000 7 TOTAL 42 CONTACT INFORMATION PARCEL A 4,578 SF 1 TENTATIVE MAP ABBREVIATION LIST LEGEND PARCEL B 6,631 SF PARCEL C (PRIVATE ACCESS EASEMENT) 6,246 SF City of Oakley Planning Division APR 20, 2021 RECEIVED 311
312
313
314
315
RESOLUTION NO. -24
A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL MAKING FINDINGS
AND APPROVING A TENTATIVE MAP EXTENSION FOR THE PROJECT KNOWN AS OAKLEY VILLAGE SUBDIVISION 9577 (TME 01-24)
WHEREAS, on April 3, 2024, Edgemont Station, Inc. (“Applicant”), requested approval of a Tentative Map Extension. The applicant is requesting to extend the approval of Tentative Map 9577 (known as “Oakley Village Subdivision”) for a period of three (3) additional years (“Project”). The approved Tentative Map consists of approximately 14.75 acres subdivided into forty-two (42) single-family residential lots. This project site is located west of the intersection of Sellers Avenue and BNSF Railroad tracks; APNs: 033- 150-011 and 033-150-018; and
WHEREAS, the approved tentative map consists of an approximately 14.75 acre site subdivided into forty-two (42) lots; and
WHEREAS, the General Plan Land Use Designation for the project site is Residential Low (RL). The site is zoned “R-10” (Single Family Residential) District; and WHEREAS, it can be seen with certainty that the request for an extension to the tentative parcel map will not result in any new physical impacts to the project, and therefore not result in any new significant environmental impacts. The project falls within the scope of the original California Environmental Quality Act (“CEQA”) analysis which resulted in a Mitigated Negative Declaration. No further environmental analysis is necessary or required; and
WHEREAS, on June 4, 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 took a vote and adopted Planning Commission Resolution No. 13-24 recommending the City Council approve the Tentative Map Extension; and
WHEREAS, on or before June 28, 2024, the Notice of Public Hearing for the project was published in the Contra Costa Times, and was posted 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 at the project location, and mailed out to all owners of property within 500 feet of the project boundaries, outside agencies, and parties requesting such notice; and
WHEREAS, on July 9, 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 applicant, and deliberated on the project. At the conclusion of its deliberations, the City 316
Reso. No. -24 Page 2 of 5 July 9, 2024
Council took a vote and adopted this resolution to approve the Tentative Map Extension; and
WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and
WHEREAS, these Findings are based on the City’s General Plan, the City’s Zoning and Subdivision Ordinances, the Subdivision Map Act, Tentative Map 9577, the R-10 District, and the information submitted to the City Council at its July 9, 2024 meeting, both written and oral, including oral information provided by the applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the Subdivision (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 approvals:
A. Regarding the application requesting approval of Oakley Village Subdivision 9577 Tentative Map Extension (TME 01-24), the City Council finds that:
1. The proposed tentative map extension does not modify any of the original tentative map’s design, and therefore, all of the findings made on the original tentative map (City Council Resolution 135-21) are still valid and apply to this extension; and
2. All conditions of approval in City Council Resolutions 135-21, not otherwise modified by this resolution, are still in effect.
B. 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 the Applicant’s request for the Tentative Map Extension (TME 01-24), 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 April 3, 2024, as well as additional information acquired since that time and made part of the project file. 317
Reso. No. -24 Page 3 of 5 July 9, 2024
THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED PRIOR TO
THE ISSUANCE OF A BUILDING PERMIT UNLESS OTHERWISE NOTED (BOLD CONDITIONS ADDED OR AMENDED AT PUBLIC HEARING):
Planning Division Conditions
1. Applicant shall comply with the requirements of the Oakley Municipal Code and applicable Conditions of Approval from City Council Resolution Nos. 135-21. Any exceptions must be stipulated in these Conditions of Approval.
2. This approval shall extend the approval of the tentative map for a period of three (3) additional years, resulting in Tentative Map 9577 expiring on November 9, 2027, unless it is further extended pursuant to the Subdivision Map Act or other automatic extensions. This extension shall constitute three (3) years of the maximum six (6) years of discretionary extension(s) allowed under Government Code section 66452.6(e).
3. 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. This condition supersedes condition 75(A) in City Council Resolution No. 135-21.
The applicant may choose to satisfy this condition through annexation into a Community Facilities District (CFD) for Fire Protection Services.
4. 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. This condition supersedes condition 75(B) in City Council Resolution No. 135-21.
The applicant may choose to satisfy this condition by voting to approve a special tax for the parcels created by the subdivision approval.
5. 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. This condition supersedes condition 75(C) in City Council Resolution No. 135-21. 318
Reso. No. -24 Page 4 of 5 July 9, 2024
The applicant may choose to satisfy this condition through annexation into a Community Facilities District (CFD) for public landscaping, parks, streetlighting, and stormwater facilities.
6. 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.
7. 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 from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL 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.
A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits.
B. Comply with the requirements of the Ironhouse Sanitary District.
C. Comply with the requirements of the Contra Costa County Fire Protection District.
D. Comply with the requirements of the Diablo Water District.
E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. 319
Reso. No. -24 Page 5 of 5 July 9, 2024
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 9th of July, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________________________
Anissa Williams, Mayor Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
320
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: July 9, 2024
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Burroughs Subdivision 9557 Tentative Map Extension and Development Agreement Amendment (TME 02-24, DA 01-24)
Summary
This is an application by the City of Oakley and Westgate Ventures (“Applicant”) requesting approval of 1) a Tentative Map Extension (TME 02-24) to extend the approval of Tentative Map 9557 (known as “Burroughs Subdivision 9557”) for a period of six (6) additional years, and 2) a Development Agreement Amendment (DA 01-24) to amend the term of the existing Development Agreement for the project site from August 13, 2025 to the date of the Tentative Map Extension (“Project”). This will be the first discretionary extension for this approval. The approved Tentative Map consists of approximately 43.24 acres subdivided into 208 single-family residential lots, open space, and public right of way. The project site is located on the north side of East Cypress Road between Knightsen Avenue and the CCWD Canal Crossing and is zoned P-1 (Planned Unit Development) District. APNS 032- 081-025 and 032-081-026.
Background
GENERAL PLAN AND ZONING
The General Plan Land Use Designation for the project site is Residential Low/Medium (RLM) (Designated in Oakley’s 2020 Focused General Plan update; the land was designated Single Family Residential, High Density (SH) at the time of the original approval).
The site is zoned P-1 (Planned Unit Development) District as depicted on the City of Oakley Zoning Map.
PREVIOUS ENTITLEMENTS
On May 25, 2021, the City Council approved Subdivision 9557 and the associated Mitigated Negative Declaration through City Council Resolution No. 58-21. The Tentative Map received a three-year entitlement period from its resolution approval date, and therefore, was originally set to expire on May 25, 2024. The application requesting a Tentative Map Extension was submitted on submitted a written request for an extension on April 15, 2024.
Approved and
Forwarded to the
City Council
321
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US PLANNING COMMISSION PUBLIC HEARING (JUNE 4, 2024)
On June 4, 2024, The Oakley Planning Commission held a public hearing on the project and unanimously adopted Planning Commission Resolution 14-24, recommending the City Council approve the Burroughs Subdivision 9557 Tentative Map Extension (TME 02-24) and Development Agreement Amendment (DA 01-24), which would extend the approval for an additional six years, as conditioned.
Project Description
TENTATIVE MAP EXTENSION (TM 02-24)
The applicant is requesting an extension of six years to the entitlement of the approved Tentative Map. If approved, the map would not expire until May 25, 2030.
The Subdivision Map Act permits an additional six years of discretionary extensions whether done in a single request or multiple requests.
DEVELOPMENT AGREEMENT AMENDMENT (DA 01-24)
The applicant is requesting to amend the term agreed to in the First Amendment of the project site’s Development Agreement titled, “First Amendment to the Development Agreement By and Between the City of Oakley and B&B Burroughs Revocable Trust, Mary E. Burroughs Revocable Living Trust, Robert C. Burroughs, Ward N. Burroughs, and Katherine Burroughs Treat for the Burroughs Property.” The term of this First Amendment is set to expire on August 13, 2025, adopted by Ordinance 11-13. The applicant is requesting to extend the term to match the approved expiration of the related Tentative Map Extension with no other changes to the Development Agreement. If approved as proposed, the Development Agreement would be amended with a new term expiring on May 25, 2030.
Environmental Review
The request for an extension to the Tentative Map and amendment to the term of the Development Agreement will not result in any new physical impacts on the project, and therefore will not result in any new significant impacts when reviewed for conformance with the California Environmental Quality Act (“CEQA”). The project falls within the scope of the original CEQA analysis, which included an Initial Study that resulted in a Mitigated Negative Declaration (SCH# 2021040251). No further environmental analysis is required.
Analysis
The Subdivision Map Act (Government Code 66452.6 (e)) allows the governing body with authority to approve a tentative map to extend that approval for a period not to exceed six additional years from the original expiration date, excluding any automatic extensions that may apply. Following Planning Commission review, the City Council 322
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US may grant multiple approvals on the same tentative map, so long as requests for extensions are submitted prior to expiration of the map, pursuant to the Subdivision Map Act. Since this request is for a maximum of six years, it is expected to be the final discretionary extension request for this Tentative Map.
The applicant is requesting a six-year extension to the Tentative Map to provide more time to feasibly develop the project. Approval of this extension would ensure the Tentative Map would still be valid for an additional six years. Staff finds that allowing a six-year extension to the Burroughs Subdivision 9557 Tentative Map will not result in any direct or indirect public health, safety, or welfare issues. If this proposal were denied and a new project was proposed in the future, it would likely have similar right of way improvement requirements and the community would not see an added benefit from that.
Amending the Development Agreement to match the expiration date of the Tentative Map is a supportable request. Normally, Tentative Map expirations are extended to match Development Agreement expirations. In this case, the Tentative Map was adopted many years after the original Development Agreement was executed, and this would be the first request for an amendment to the Development Agreement since that time. The City Council would need to adopt an ordinance authorizing the City Manager to enter into a Second Amendment of the Development Agreement for the Burroughs Property. The Second Amendment would reference the First Amendment, which references the original Development Agreement. It would also include language that extends the term to the same date the approved for the Tentative Map Extension with that exact date explicitly stated.
CONDITIONS OF APPROVAL
Pursuant to the Subdivision Map Act, following Planning Commission review the City Council may approve or conditionally approve extensions to a tentative map. It is noted here and referenced in the proposed resolution approving the Tentative Map Extension that all conditions of approval in City Council Resolution 58-21 that are not modified in the proposed resolution are still in full effect for the approved Tentative Map.
Proposed conditions of approval reflect a modification tied to a Purchase and Sale Agreement between the City and KB Home North Bay, LLC executed on April 24, 2024, references to previous entitlements, standard language related to indemnification and applicant’s responsibilities, the new expiration date, and updates to condition language regarding establishing funding mechanisms to cover ongoing financial impacts to fire protection services, police services, and maintenance and operation services associated with public landscaping, parks, streetlighting, and stormwater facilities. These updates will supersede previous conditions that relied 323
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US only on Community Facilities Districts (CFDs) to establish those funding mechanisms.
Findings
Complete draft findings are included in the attached resolution.
Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”.
Reviewing applications for compliance with Oakley’s development standards ensures strategic and thoughtful growth.
Fiscal Impact
The approval of this extension would have a minor impact to the General Fund through the use of Staff time and generated materials to prepare the packets for the Planning Commission and City Council. Tentative Map Extensions typically require no more than $2,000 to fully process.
Staff Recommendation
Staff recommends:
1. The City Council adopt the resolution approving the Burroughs Subdivision 9557 Tentative Map Extension (TME 02-24), which would extend the approval for an additional six years, as conditioned; and
2. The City Council waive the first reading and introduce an ordinance approving the Burroughs Subdivision 9557 Development Agreement Amendment (DA 01-24), which would extend the term of the agreement to match the expiration of the Tentative Map.
Attachments
1. Vicinity Map
2. Notice of Public Hearing
3. Approved Tentative Map 9557
4. Proposed Resolution
5. Proposed Ordinance
a. Proposed Development Agreement (Second) Amendment
324
Vicinity Map
Burroughs Subdivision 9557 Tentative Map Extension and Development Agreement Amendment (TME 02-24, DA 01-24) Oakley, CA 94561 APNs: 032-081-025 and 032-081-026
325
City of Oakley
3231 Main Street
Oakley, CA 94561
This is a Notice of Public Hearing
326
NOTICE OF PUBLIC HEARING
Notice is hereby given that on July 9, 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 as described below:
Project Name: Burroughs Subdivision 9557 Tentative Map Extension and Development Agreement Amendment (TME 02-24, DA 01-24).
Project Location: The project site is located on the north side of East Cypress Road between Knightsen Avenue and the CCWD Canal Crossing. APNS 032-081-025 and 032-081-026.
Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561 and Westgate Ventures, 2551 San Ramon Valley Boulevard, Suite 224, San Ramon, CA 94583, c/o Jon Revells ([email protected])
Request: Application by the City of Oakley and Westgate Ventures (“Applicant”) requesting approval of 1) a Tentative Map Extension (TME 02-24) to extend the approval of Tentative Map 9557 (known as “Burroughs Subdivision 9557”) for a period of six (6) additional years, and 2) a Development Agreement Amendment (DA 01-24) to amend the term of the existing Development Agreement for the project site from August 13, 2025 to the date of the Tentative Map Extension (“Project”). This will be the first discretionary extension for this approval. The approved Tentative Map consists of approximately 43.24 acres subdivided into 208 single-family residential lots, open space, and public right of way. The project site is zoned P-1 Planned Unit Development) District.
How to Review: The Staff Report and its attachments will be available for public review, on or before July 2, 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 July 9, 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. 327
328
RESOLUTION NO. -24
A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL ADOPT A
RESOLUTION MAKING FINDINGS AND APPROVING A TENTATIVE MAP EXTENSION FOR THE PROJECT KNOWN AS BURROUGHS SUBDIVISION 9557 (TME 02-24) (APNS 032-081-025 AND 032-081-026)
WHEREAS, on April 15, 2024 the City of Oakley and Westgate Ventures (“Applicant”) filed an application requesting approval of 1) a Tentative Map Extension (TME 02-24) to extend the approval of Tentative Map 9557 (known as “Burroughs Subdivision 9557”) for a period of six (6) additional years, and 2) a Development Agreement Amendment (DA 01-24) to amend the term of the existing Development Agreement for the project site from August 13, 2025 to the date of the Tentative Map Extension (“Project”). This will be the first discretionary extension for this approval. The approved Tentative Map consists of approximately 43.24 acres subdivided into 208 single-family residential lots, open space, and public right of way. The project site is located on the north side of East Cypress Road between Knightsen Avenue and the CCWD Canal Crossing and is zoned P-1 (Planned Unit Development) District. APNS 032-081-025 and 032-081-026; and
WHEREAS, the approved Tentative Map consists of an approximately 43.24 acre site subdivided into 208 single family residential lots; and WHEREAS, the General Plan Land Use Designation for the project site is Residential Low (RLM). The site is zoned P-1 (Planned Unit Development) District; and WHEREAS, it can be seen with certainty that the request for an extension to the Tentative Map will not result in any new physical impacts to the project, and therefore not result in any new significant environmental impacts. The project falls within the scope of the original CEQA analysis, which included an Initial Study that resulted in a Mitigated Negative Declaration (SCH# 2021040251). No further environmental analysis is required; and
WHEREAS, on June 4, 2024, the Planning Commission held a duly noticed public hearing at which it received a report from City Staff, oral and written testimony from the public and applicant, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted Planning Commission Resolution 14- 24 recommending the City Council approve the Tentative Map Extension and Development Agreement Amendment; and
WHEREAS, on or before June 28, 2024, the Notice of Public Hearing for the project was published in the Contra Costa Times, and was posted 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 mailed out to all owners of property within 500 feet of the project boundaries, outside agencies, and parties requesting such notice; and 329
Reso. No. -24 Page 2 of 4 June 4, 2024
WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and
WHEREAS, these Findings are based on the City’s General Plan, the City’s Zoning and Subdivision Ordinances, the Subdivision Map Act, Tentative Map 9557, the project’s P-1 District, and the information submitted to the City Council at its July 9, 2024 meeting, both written and oral, including oral information provided by the applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the Subdivision (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 approvals:
A. Regarding the application requesting approval of Burroughs Subdivision 9557 Tentative Map Extension (TME 02-24), the City Council finds that:
1. The proposed Tentative Map Extension does not modify any of the approved Tentative Map’s design, and therefore, all of the findings made on the approved Tentative Map (City Council Resolution 58-21) are still valid and apply to this extension; and
2. All conditions of approval in City Council Resolution 58-21, not otherwise modified by this resolution, are still in effect.
B. 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 hereby approves the Applicant’s request for the Burroughs Subdivision 9557 Tentative Map Extension (TME 02-24), 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 April 15, 2024, 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 ISSUANCE OF A BUILDING PERMIT UNLESS OTHERWISE NOTED (BOLD CONDITIONS ADDED OR AMENDED AT PUBLIC HEARING):
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Reso. No. -24 Page 3 of 4 June 4, 2024
Planning Division Conditions
1. Applicant shall comply with the requirements of the Oakley Municipal Code and Conditions of Approval found in City Council Resolution 58-21. Any exceptions must be stipulated in these Conditions of Approval.
2. This approval shall extend the approval of Tentative Map 9557 for a period of six additional years, resulting in Tentative Map 9557 expiring on May 25, 2030, unless it is further extended pursuant to the Subdivision Map Act or other automatic extensions. This extension shall constitute six years of the maximum six years of discretionary extension(s) allowed under Government Code section 66452.6(e).
3. In compliance with Section 7.06 of “The Purchase and Sale Agreement and Joint Escrow Instructions” (“PSA”) between the City of Oakley (“Seller”) and KB Home North Bay, LLC (“Buyer”) executed on April 24, 2024, Condition of Approval (“COA”) Nos. 60(a) and 60(b) of City Council Resolution No. 58-21 shall be modified per Section 7.05 of the PSA as follows (Underline represents new text, Strikethrough represents deleted text):
“60. 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.
a. Frontage Improvements. East Cypress Road shall be constructed with curb, gutter, sidewalk, street lights, pavement widening, signing, striping, and storm drainage as required and shown in the Tentative Map. Developer is responsible for constructing all frontage improvements back of curb along East Cypress Road. Developer shall enter into a cost sharing agreement with be required to reimburse the City of Oakley for the frontage improvements for APN 032-081-026 based on the exhibit prepared by Bellecci & Associates dated April 28, 2021 and updated May 2023. Developer shall not be required to reimburse the City of Oakley for frontage improvements for APN 032-081-025. b. Offsite Improvements – The following improvements shall be installed consistent with the mitigation measures outlined in the Traffic Impact Report for the project to the satisfaction of the City Engineer:
i. East Cypress Road and Project Entrance Traffic Signal. Developer shall fully fund, design, and construct the traffic signal required at the project entrance per City of Oakley standards. Developer shall coordinate with City staff and pay for the necessary conduits to be installed in advance with the City’s Capital Improvement Project to widen East Cypress Road. 331
Reso. No. -24 Page 4 of 4 June 4, 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. 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 from any and all claims, damages and liability (including, but not limited to, damages, attorney fees, expenses of litigation, costs of court).
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL 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.
A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits.
B. Comply with the requirements of the Ironhouse Sanitary District.
C. Comply with the requirements of the Contra Costa County Fire Protection District.
D. Comply with the requirements of the Diablo Water District.
E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on , 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
________________________________
Anissa Williams, Mayor Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
332
ORDINANCE NO. -24
AN ORDINANCE OF THE CITY OF OAKLEY CITY COUNCIL APPROVING THE BURROUGHS SUBDIVISION 9557 DEVELOPMENT AGREEMENT AMENDMENT (DA 01-24) BETWEEN THE CITY OF OAKLEY AND B&B BURROUGHS REVOCABLE TRUST, MARY E. BURROUGHS REVOCABLE LIVING TRUST, ROBERT C. BURROUGHS, WARD N. BURROUGHS, AND KATHERINE
BURROUGHS TREAT FOR THE BURROUGHS PROPERTY
APNS 032-081-025 AND 032-081-026
WHEREAS, the City has enacted a Development Agreement Ordinance codified as Chapter 3 of Title 9 of the Oakley Municipal Code (“OMC”) establishing the procedures and requirements for the consideration of development agreements pursuant to California Government Code Section 65864 et seq.; and
WHEREAS, on April 15, 2024 the City of Oakley and Westgate Ventures (“Applicant”) filed an application requesting approval of 1) a Tentative Map Extension (TME 02-24) to extend the approval of Tentative Map 9557 (known as “Burroughs Subdivision 9557”) for a period of six (6) additional years, and 2) a Development Agreement Amendment (DA 01-24) to amend the term of the existing Development Agreement for the project site from August 13, 2025 to the date of the Tentative Map Extension (“Project”). This will be the first discretionary extension for this approval. The approved Tentative Map consists of approximately 43.24 acres subdivided into 208 single-family residential lots, open space, and public right of way. The project site is located on the north side of East Cypress Road between Knightsen Avenue and the CCWD Canal Crossing and is zoned P-1 (Planned Unit Development) District. APNS 032-081-025 and 032-081-026; and
WHEREAS, the approved Tentative Map consists of an approximately 43.24 acre site subdivided into 208 single family residential lots; and WHEREAS, the General Plan Land Use Designation for the project site is Residential Low (RLM). The site is zoned P-1 (Planned Unit Development) District; and WHEREAS, it can be seen with certainty that the request for an extension to the Tentative Map will not result in any new physical impacts to the project, and therefore not result in any new significant environmental impacts. The project falls within the scope of the original CEQA analysis, which included an Initial Study that resulted in a Mitigated Negative Declaration (SCH# 2021040251). No further environmental analysis is required; and
WHEREAS, on June 4, 2024, the Planning Commission held a duly noticed public hearing at which it received a report from City Staff, oral and written testimony from the public and applicant, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted Planning Commission Resolution 14- 333
Ordinance No. -23 Page 2 of 4
24 recommending the City Council approve the Tentative Map Extension and Development Agreement Amendment; and
WHEREAS, on or before June 28, 2024, the Notice of Public Hearing for the project was published in the Contra Costa Times, and was posted 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 mailed out to all owners of property within 500 feet of the project boundaries, outside agencies, and parties requesting such notice; and WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and
WHEREAS, these Findings are based on the City’s General Plan, the City’s Zoning and Subdivision Ordinances, the Subdivision Map Act, Tentative Map 9557, the project’s P-1 District, and the information submitted to the City Council at its July 9, 2024 meeting, both written and oral, including oral information provided by the applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the Subdivision (hereafter the “Record”).
The City Council of the City of Oakley does ordain as follows:
SECTION1. Findings
A. Regarding the application requesting approval of a Development Agreement Amendment (DA 01-24) to extend the term of the existing “First Amendment to the Development Agreement By and Between the City of Oakley and B&B Burroughs Revocable Trust, Mary E. Burroughs Revocable Living Trust, Robert C. Burroughs, Ward N. Burroughs, and Katherine Burroughs Treat for the Burroughs Property:”
1. The Project is consistent with the objectives, policies, general land uses and programs specified in the Oakley General Plan;
2. The Project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that the project is designed in compliance with the Oakley General Plan land uses on the subject property, and has received an entitlement for a vesting tentative map;
3. The Project is in conformity with public convenience, general welfare and good land use practice. The Burroughs Project Environmental Impact Report (EIR), certified May 25, 2021 by City Council Resolution No. 58-21, identified and provided mitigation measures for significant environmental 334
Ordinance No. -23 Page 3 of 4
impacts associated with development of the Burroughs Subdivision 9557.
The Development Agreement Second Amendment authorizes development consistent with the certified EIR and approved entitlements;
4. For the reasons set forth in Finding 3, the Project will not be detrimental to the health, safety and general welfare; and
5. The Project will not adversely affect the orderly development of property.
The Project will actually enhance the orderly development of property by assuring that improvements to the property will be consistent with the certified EIR and applicable entitlements approved for the property.
B. The project complies with Measure J Growth Management requirements.
SECTION 2. Approval of the Development Agreement Second Amendment The City Council hereby approves the Development Agreement Second Amendment (Exhibit “A) and authorizes and directs the Mayor to sign it.
SECTION 3. Recordation of Development Agreement
Within ten (10) days after the Mayor executes the Development Agreement, the City Clerk shall submit the Agreement to the County Recorder for recordation.
SECTION 4. Effective Date and Posting
This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on , 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
335
Ordinance No. -23 Page 4 of 4
APPROVED:
_____________________________________
Anissa Williams, Mayor Date
ATTEST:
________________________________
Libby Vreonis, City Clerk Date
336
Exhibit “A” to City Council Ordinance -24
SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF OAKLEY AND B&B BURROUGHS REVOCABLE TRUST, MARY E.
BURROUGHS REVOCABLE LIVING TRUST, ROBERT C. BURROUGHS, WARD N.
BURROUGHS, AND KATHERINE BURROUGHS TREAT FOR THE BURROUGHS
PROPERTY
Parties
This Second Amendment, dated _______________ , is entered into by the City of Oakley, a municipal corporation (“City”) and B&B Burroughs Revocable Trust, Mary E. Burroughs Revocable Living Trust, Robert C. Burroughs, Ward N. Burroughs, And Katherine Burroughs Treat (“Developer”).
Recitals
1. City and Developer entered into a Development Agreement, approved by City Council Ordinance 06-03 and dated August 13, 2003, for the Burroughs Property (“Development Agreement”), whereby Section 4.2 set forth the term so the agreement would expire 10 years after its effective date (or August 13, 2013), unless otherwise modified and agreed to by City and Developer; and
2. On August 19, 2015, City and Developer entered into a First Amendment to the Development Agreement, approved by the City Council through adoption of Ordinance 11-13, for the Burroughs Property (“First Amendment to the Development Agreement”), whereby Section 4.2 of the original Development Agreement was modified to extend the “Term” of the Development Agreement an additional 12 years from August 13, 2013, to August 13, 2025, unless otherwise modified and agreed to by City and Developer; and
3. The First Amendment to the Development Agreement also included modifications to the “Fee” section to ensure language in the development agreement was consistent with other recently amended development agreements; and
4. On April 14, 2024, the City of Oakley and Westgate Ventures filed a request to modify the Development Agreement to extend the term of expiration for the Development Agreement to match the extended expiration date of the Tentative Map (TM 9557), which was extended to May 25, 2030.
337
City of Oakley – B&B Burroughs Revocable Trust, Et al.
Burroughs Development Agreement Second Amendment (DA 01-24)
Agreement
NOW, THEREFORE, City and Developer agree as follows:
1. Pursuant to Section 10.2 of the Development Agreement, the Development Agreement is hereby amended a second time to:
a. Modify Section 4.2 “Term”, to reflect extending the expiration date of the Development Agreement to May 25, 2030.
2. All other provisions of the Development Agreement remain unchanged.
3. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
4. Each person and party signing this Amendment warrants that he/she has the authority to execute this Amendment on behalf of the principal and that the party will be bound by such signature.
IN WITNESS WHEREOF, City and Developer hereto have caused this Amendment to be executed the date first written above.
CITY OF OAKLEY:
Date:
Anissa Williams, Mayor
Attest:
Date:
Libby Vreonis, City Clerk
Approved to Form:
Date:
Derek P. Cole, City Attorney
338
City of Oakley – B&B Burroughs Revocable Trust, Et al.
Burroughs Development Agreement Second Amendment (DA 01-24)
B&B BURROUGHS REVOCABLE TRUST:
Date:
Signature:
Print Name:
Date:
Signature:
Print Name:
MARY E. BURROUGHS REVOCABLE LIVING TRUST;
Date:
Signature:
Print Name:
Date:
Robert C. Burroughs
Date:
Ward N. Burroughs
Date:
Katherine Burroughs Treat
339
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: July 9, 2024
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Adopt a Resolution to Establish an Oakley Senior Center Specific SubCommittee Background and Analysis
The City continues to make progress on the new Library and Community Center project.
As it has well been established, part of that project requires the demolition of the current senior center, which is a City-owned facility that the Oakley Senior Citizen (OSC) nonprofit organization runs programming, special events and food distribution out of. Staff would like to start setting up a series of meetings over the next six months with the OSC and they have agreed to such meetings. The purpose of these meetings will be to listen to the OSC members designated to attend the meetings and discuss the future of the OSC and both interim and long-range plans for the group once the building is demolished.
Staff is requesting the City Council establish a specific sub-committee that will focus on information gathering over the next six months. Contrary to local standing committees, project specific subcommittees are not subject to the Brown Act because they are of limited duration, have a very specific scope and meet infrequently.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Collaborative Partnerships goal of the Strategic Plan 27+.
Fiscal Impact
There is no fiscal impact associated with establishing this specific City Council SubCommittee.
Staff Recommendation
Staff recommends that the City Council approve the resolution establishing the Oakley Senior Center Specific Sub-Committee and appoint no more than two Councilmembers to the committee.
Attachments
1. Draft Resolution
Approved and
Forwarded to the
City Council
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Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING AN OAKLEY SENIOR CENTER SPECIFIC SUB-COMMITTEE WHEREAS, the City Council has determined that an Oakley Senior Center Specific Sub-Committee would be beneficial to the City at this current time; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley, that the Oakley Senior Center Specific Sub-Committee is hereby established. The City Council has appointed ____________ and _____________ to serve on the committee; and
BE IT FURTHER RESOLVED that the committee shall end on December 31, 2024, if not extended prior to that date.
PASSED AND ADOPTED by the City Council of the City of Oakley this 9th day of July 2024 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________ Anissa Williams, Mayor
ATTEST:
____________________ ___________________ Libby Vreonis, City Clerk Date 341
Business Name Primary Contact Email Address Primary Address Phone # Full Primary Address Active Licenses PACIFIC LANDSCAPE SERVICE (925) 752-4868 1460 QUAIL VALLEY RUN OAKLEY CA 94561-3424
HOME BASED BUSINESS LICENSE
PATTY'S PERMANENT SPARKLE [email protected] (925) 457-7141 848 IBIS DR OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
THE BEER AISLE (626) 390-9705 3350 MAIN ST
STE F
OAKLEY CA 94561
BUSINESS LICENSE
THE WATER STORE [email protected] (925) 497-2931 2055 MAIN ST OAKLEY CA 94561
BUSINESS LICENSE
THOMAS N. WILLIAMS SR STAFFING [email protected] (625) 207-5704 4815 MAMMOUTH LN OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
5 342
July 1, 2024
Mr. Josh McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
RE: Monthly update - The Oaks Rental Community
Per the ongoing request of the Oakley City Council, I am submitting the update for the month of June 2024. After your review, should you have further questions, please feel free to contact me.
Unfortunately, I will not be available on July 9thth to be in person for the meeting. The Property Manager will be present at the meeting and will be able to make note of any specific questions from the Council. I look forward to attending the City Council meeting on August 13th.
I hosted the residents for a meeting at The Oaks on Wednesday, June 26th, notes from that meeting are included below. During that meeting I committed to host quarterly meetings at the property with the residents.
Sincerely,
Oke Johnson
Executive Vice President
Winn Residential
343
THE OAKS
An Affordable Housing Community
Staff
POSITION NAME CONTACT INFO
_____________________________________________________________________________________________ Onsite Property Manager Karla Aguilar [email protected] or 925-625-1300 Regional Property Manager Katherine Aguirre [email protected] Divisional Vice President Sheyla Batres [email protected] Oke Johnson Executive Vice President [email protected] _____________________________________________________________________________________________ Administrative staff consists of an Assistant Property Manager, Bookkeeper, Community Coordinator and three Occupancy Specialists.
Maintenance staff consists of Maintenance Supervisor (currently open) and six maintenance technicians (one open positions).
We encourage anyone who is interested in the position to apply at: https://www.winncompanies.com/careers _____________________________________________________________________________________________ Occupancy & Collections
Physical Economic
Buildings Occupancy Occupancy
Oak Creek 51 & 49 79% 72.75%
The Commons 53 & 59 79% 71.85%
Oak Grove Terrace 65 83% 77.64%
Oak Place 67 76% 89.20%
Oak Forest 81 77% 96.57%
Oak Meadows 69 95% 79.49%
Oak Ridge 73 93% 84.74%
*Physical Occupancy = occupancy expressed as a percentage based on occupied units divided by total units *Economic Occupancy = occupancy expressed as a percentage based on charged rent divided by collected rent Administration
Legal
18 residents are eviction for nonpayment of rent and other lease violations.
Compliance & Recertifications
25 annual certifications due in May and 23 have been completed, 2 pending completion (In legal) 37 annual certifications due in June and 34 have been completed, 3 Pending completion 37 annual certifications due in July and 32 have been completed, 5 pending completion 30 Annual Certifications due in August and 12 have been completed, 15 pending completion 23 Annual Certifications due in August and 8 have been completed, 15 pending completion 344
Resident Engagement
Resident Meetings
Meeting June 26th was led by the Oke Johnson, Executive Vice President
AGENDA
Community Updates – A reminder that the community is non-smoking, discussion of ongoing clubroom improvements, doors & locks, landscaping, the Heritage Grove area.
Maintenance – How to report a service request, emergency situations and what to do, and ongoing maintenance schedule for the whole property.
Parking – discussion of how to handle disabled vehicles.
Resident Events – The Community Services Coordinator reviewed the planned activities for July and discussed how the residents could be more involved.
Resident Services – Reminder about all services offered free to all.
Open Discussion – Comments, questions, suggestions
Requests for: Update of common space in building 59, request for updated laundry equipment, speed bumps and safety campaign, request for more regular power washing of the trash rooms, how to improve communication with the residents.
Next Meeting – Winn Residential Regional Property Manager Katherine Aguirre meeting with residents on July 19th. Focus will be on emergency planning and preparedness.
The minutes from the meetings will be available for all residents no later than Wednesday, July 3rd.
Email Communications
The property is able to send regular emails to our residents through the Active Building portal. These vary in frequency and are often reinforced with printed notices to the residents.
Repairs & Maintenance
Capital Projects – 2nd Quarter – Underway
Clubroom Improvements – Buildings 59, 65, 67 and 81 all refreshed with new furniture (if needed), flooring and paint. Building 73 – new furniture will be ordered. Heritage Grove area Maintenance – the grasses have been cut, but the trees will remain in a natural condition.
Spring cleaning of Buildings- ongoing work addressing interior doors, floor repairs, lighting replacements and cleaning of lens covers.
Balcony Inspections – Balconies inspections were completed by 5/31/2024. Building & Unit Inspections – HVAC, roofs, windows, fascia, stucco and common area building inspections to be completed in June. Common area building inspections completed and all life & safety items have been repaired. Non-urgent items will be scheduled for completion in 3rd quarter. Unit inspections are scheduled for August and September.
Tree Removal – At risk trees have been removed.
Trash Compactor replacement – New compactor was installed on May 2nd. All new trash carts were received at the same time.
345
Day-to-day Maintenance
As we have discussed in the past the property continues to make progress on clearing old work orders, many of which were previously completed but not properly logged in the property software. The average days to complete a work order will continue to be skewed extremely high as a result of the progress the team has made towards clearing both the administrative backlog of work orders and completing the low priority items.
The property completed more than 360 work orders during the month of June, which has significantly reduced the number of outstanding work orders. Over the last 90 days the property has completed more than 700 work orders!
To ensure focus on meeting the needs of our residents and the community, we took the following actions in the month of June.
2nd Quarter projects continued with a focus on the deep cleaning of the buildings common areas. Additional staff has been deployed from other developments to focus on completing aging work orders. o In the month of June we completed 361 work orders
Additional staff has been deployed to complete the make ready progress to allow for new move-ins. A trainer will from our corporate office visited the site to evaluate processes and work with the maintenance staff. The two most impactful changes from that meeting are -- o New weekly calls with the maintenance team from Facilities VP o Elevate maintenance supervisor position to a Regional Maintenance Manager Keys, Locks & Doors
The Director of Facilities has taken over the supervision of this task. o Common area doors are to be inspected weekly.
o Ongoing repairs and inspections are scheduled for each building as we prepare for annual fire inspections.
o We will be reviewing options for more durable locking mechanisms that may be less vulnerable to vandalism, but still meet code requirements for safety. 346
Cameras
All camera systems were inspected last on 6/3/2024 and all were operational. Inspections occur biweekly on Monday.
Gates
The motherboard on the communication system which was vandalized on 4/19/2024, is still down while the vendor is trying to find a compatible motherboard for replacement. The owner has approved the replacement, prior to installation we are seeking options to better protect the equipment from vandalism.
Enhanced Resident Service Programming
During the month of June, staff at The Oaks provided unique resident service events. Examples include:
o Regular community meetings. June 26th with Executive Vice President. 20 attendees o Panera Bread donation every Wednesday – average of 20 residents per week. o St. Paul’s food box distribution for shelf stable goods – 18 – 20 residents bi-weekly o Contra Costa County Food Bank distribution for fresh goods – 25 – 30 residents bi-weekly o Spring Fling – 27 residents
o Donut day – 60 residents
o Saving $ through Healthy Living – 6 residents
There are currently 26 resident activities scheduled for the month of July. The next update will include details on the number of attendees at each.
Ongoing enhanced services, free of charge to the residents include:
After School Programming
This program is open to school age children 5 – 17, five days per week for 3 hours and is free of charge to the resident and children. – more than 60 children have taken advantage of this service during the month of June.
Scholarships
Scholarships are available for continuing education, advanced education, and certification programs.
Applications are available in the management office.
Adult Programming
Programs are open to all residents. Some programming is specific to seniors 55 years or older. The programs are designed to support the needs of the seniors aging in place.
Examples of enhanced ongoing programming will include:
Adult computer classes
Employment development
Healthy Lifestyle & Living classes
Art classes
Advanced Healthcare Directives, Wills & Trusts, Scam Prevention Financial Literacy classes - reducing monthly costs – cable, cell phones, insurance, RX costs, reduced utility costs through the CARES program, free and reduced eyeglasses, free tax preparations
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Food Security
Food security exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets dietary needs and food preferences for an active and healthy life. Our programs are based on these fundamentals and include access to free food giveaways. Free foods are provided to the seniors on Wednesday and Fridays each week. Families have the same opportunity on Tuesdays of each week. The food is donated from local agencies and religious organizations. Fresh produce, pantry items, bakery items, eggs, canned goods, dry produce are among the many items the residents can choose from and rely upon. Antioch Unified School District Meal Program provides one daily meal to children who have signed up to participate in this service. This is free of charge to parents. 348