EXHIBIT B
ENGINEER’S ESTIMATE
189
ENGINEER'S BOND ESTIMATE July 23, 2024
SUMMER LAKE NORTH Job No.: 1292-104
VILLAGE 4 (PHASE 1)
SUBDIVISION 9619
OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 3.5" Asphalt Concrete ($0.45 per Inch) 119,364 SF $ 1.58 $ 187,998 2 9" Aggregate Base ($0.18 per Inch) 119,364 SF $ 1.62 $ 193,370 3 Pavement Sealant (Fog) 119,364 SF $ 0.02 $ 2,387
4 8" Median Curb 229 LF $ 18 $ 4,122
5 Sidewalk 34,771 SF $ 4.50 $ 156,470
6 Thru-the-Curb Drain (Schedule 40 PVC) 126 EA $ 50 $ 6,300 7 Curb Ramp 14 EA $ 1,500 $ 21,000
8 Driveway Approach (Residential) 4,820 SF $ 5 $ 24,098 9 Striping (Centerline, Crosswalk, Stop Bars & Street Signs) 1 LS $ 5,000 $ 5,000 10 Street Trees (Budget) (Assume 2 per Lot) 126 EA $ 250 $ 31,500 11 6" Vertical Curb and Gutter 6,728 LF $ 23 $ 154,744
12 Survey Monuments 13 EA $ 650 $ 8,450
13 Conform to Existing Pavement (Assume 10') 900 SF $ 4 $ 3,600 14 Temporary Barricade 1 EA $ 1,500 $ 1,500
Subtotal Street Improvements $ 800,538
DRAINAGE IMPROVEMENTS
15 10" HPDE 22 LF $ 45 $ 990
16 18" HPDE 1,891 LF $ 55 $ 104,005
17 24" HDPE 897 LF $ 70 $ 62,790
18 30" HDPE 719 LF $ 82 $ 58,958
19 36" HDPE 304 LF $ 97 $ 29,488
20 48" HDPE 310 LF $ 150 $ 46,500
21 Catch Basin (Type I Inlet) 29 EA $ 3,000 $ 87,000
22 Catch Basin (Type A Inlet) 10 EA $ 5,000 $ 50,000
23 Field Inlet (Type II Inlet) 3 EA $ 3,000 $ 9,000
24 SD Manhole (Type II Manhole) 2 EA $ 5,000 $ 10,000
25 SD Manhole (Type III Manhole) 1 EA $ 6,000 $ 6,000
Subtotal Drainage Improvements $ 464,731
ELECTRICAL IMPROVEMENTS
26 Streetlight 21 EA $ 4,500 $ 94,500
27 Electrolier Pull Box 21 EA $ 100 $ 2,100
Subtotal Electrical Improvements $ 96,600
P:\1200 - 1299\1292-104\Estimates\Bond\CITY\Bond 1_SLN Village 4_City_004.xlsx\CITY Page 1 of 2 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com
CIVIL ENGINEERS I SURVEYORS I PLANNERS
190
Item Description Quantity Unit Unit Price Amount
MISCELLANEOUS
28 Mobilization 1 LS $ 50,000 $ 50,000
Subtotal Miscellaneous $ 50,000
SUBTOTAL SUMMER LAKE NORTH - VILLAGE 4 CONSTRUCTION COST $ 1,411,869 10% CONTINGENCY $ 141,187
TOTAL SUMMER LAKE NORTH - VILLAGE 4 CONSTRUCTION COST $ 1,553,000 (to the nearest $1,000)
Notes:
1 2
3 This estimate excludes all associated Agency fees and costs.
This estimate is based on the Summer Lake North Phase 1 - Village 4 Improvement Plans dated 06/28/2024. The Improvement Plans are subject to final design and approval.
This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen condtitions or changes required by governing agencies.
P:\1200 - 1299\1292-104\Estimates\Bond\CITY\Bond 1_SLN Village 4_City_004.xlsx\CITY Page 2 of 2 191
EXHIBIT C
INSURANCE REQUIREMENTS
CONSTRUCTION CONTRACTS
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $10,000,000)
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Contractor shall procure and maintain for the duration of the contract, and if Contractor has a claims-made policy, Contractor shall maintain for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
192
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide notice will be provided to City in the event that the policy is terminated. Contractor shall immediately notify City of any insurance cancellation or termination and shall provide replacement insurance policy documentation to the City.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mod exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
193
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Worker’s Compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 194
EXHIBIT D
VERIFICATION OF INSURANCE
195
OWNER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
COUNTY RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
CLERK OF THE BOARD OF SUPERVISORS '
STATEMENT
PROJECT
SITE
VICINITY MAP
1 SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-104 SHEET OF 10
196
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CITY COUNCIL STATEMENT
CERTIFICATE OF DEDICATION FOR SAME
PUBLIC PURPOSE
CITY SURVEYOR'S STATEMENT
SURVEYOR'S STATEMENT
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-104 SHEET OF 10 2
SOILS REPORT
197
LOT 4
EAST LAKE TAHOE DRIVE
EAST LAKE
TAHOE DRIVE
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
100'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
3 NOTE:
198
EAST LAKE TAHOE DRIVE
EAST LAKE TAHOE DRIVE
790
791
789
787
795
772 773 774
792 794 793
786 785 784 783
803
804
805 816 815 813 812 811 810 809 808 807 806
817
778
776
777
775
781
780
779
782
769
771
770
768
788
762
766
767
765
764
763
757
761
760
759
758
755
756
802
796
797
798
799
800
801
814
AVONELLE STREET
JUNIPER LANE
MAY COURT
FOWLER WAY
BEYERS STREET
JUNIPER
LANE BEYERS STREET5
6 7
8 9
10 GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
100'
1 BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
4 199
767
JUNIPER LANE
SEE SHEET 10
AVONELLE STREET SEE SHEET 6
EAST SUMMER LAKE DRIVE
JUNIPER LANE
MAY COURT
787
766
765
764
814
816 815
763
817
788
795
SEE SHEET 9
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
40'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
5 NOTE:
200
SEE SHEET 7
MAY COURT SEE SHEET 5
SEE SHEET 9
AVONELLE STREET
791
792 794 793
786 785 784 783
813 812 811 810 809
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
40'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
6 NOTE:
201
ANONELLE STREET BEYERS STREET
SEE SHEET 8 SEE SHEET 6
803
804
805
808 807 806
781
780
779
782
802
801
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
40'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
7 NOTE:
202
BEYERS STREET
BEYERS STREET SEE SHEET 9
SEE SHEET 7
778
776
777
775
796
797
798
799
800
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
40'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
8 NOTE:
203
JUNIPER LANE
BEYERS STREET
SEE SHEET
10 SEE SHEET 8
SEE SHEET 6
SEE SHEET 5 SEE SHEET 10
MAY COURT
769
790
789
772 773 774
771
770
768
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
40'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
9 NOTE:
204
FOWLER WAY
JUNIPER LANE
EAST SUMMER LAKE DRIVE
LAKE DRIVE
759
757 758 756 755
JUNIPER LANE
EAST SUMMERLAKE DRIVE
762
761 760 759
758
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
40'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1292-104 SHEET OF 10
SUBDIVISION 9619
SUMMER LAKE NORTH - VILLAGE 4
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 4, AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGES 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
10 SEE SHEET 9
SEE SHEET 5
SEE SHEET 9
SEE ABOVE
SEE BELOW
NOTE:
205
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: August 13, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt two Resolutions approving a Subdivision Improvement Agreement and Final Map for Summer Lake North (Phase 1) Village 7 Subdivision 9622 located at the northeast corner of East Cypress Road and Bethel Island Road (Large Lot 7 of Subdivision 9307)
Background and Analysis
On October 25, 2011, the City Council approved the Summer Lake North Subdivision 9307 (TM 01-11) Vesting Tentative Map Subdividing 409 acres into 824 residential lots, a 70-acre man-made lake, open space, parks, a commercial area, and other associated improvements, including construction of levee improvements.
On April 23, 2021, the Community Development Director prepared a letter of substantial conformance letter stating that the updated Vesting Tentative Map presented to the city is in substantial conformance to the originally approved Vesting Tentative Map.
On October 31, 2022, DeNova Homes LLC filed an application requesting Design Review approval for the Summer Lake North Subdivision. Plans consist of floor plans, architectural elevations, colors and materials schemes, and village preliminary development plans for 817 new single-family residential three architectural types preselected from five architectural types used throughout the entire subdivision (Spanish, Tusca, Farmhouse, Traditional, and Prairie). Livable area of the homes is between 1,927 sf and 3,479 sf. The site is in the Summer Lake North Subdivision 9307 located east of Bethel Island Road and north of East Cyress Road. The site is zoned SP-1 (East Cypress Corridor Specific Plan) District. APNs 032-370-033 and 032-370-035.
On March 7, 2023, Resolution 5-23, the Planning Commission made findings and approved the Summer Lake North Design Review (DR 09-22) within the Summer Laker North Subdivision 9307.
On February 27, 2024, Resolution 19-24 and 20-24, the City Council approved the large lot Final Map and Subdivision Improvement Agreement of Subdivision 9307 Summer Lake North, which subdivided the property carving out the various parcels for the park, lake, pump station, sewer lift station, levee, backbone roadway infrastructure, and parcels for future villages within this master planned community.
Approved and
Forwarded to the
City Council
206
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Civic Summer Lake North, LLC, is now requesting approval for the City Council to execute the Subdivision Improvement Agreement and approve the final map for Subdivision 9622 Summer Lake North (Phase 1) Village 7. In order to satisfy all remaining conditions of approval, a Subdivision Improvement Agreement must be approved with the recordation of the final map.
The City Engineer and City Surveyor have reviewed the tentative map approval documents and the final map, and have found the map to be technically correct, in substantial compliance with the conditionally approved tentative map, development agreement, and all final map conditions of approval have been met (or are being secured by way of this agreement).
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals to build safe streets and healthy neighborhoods.
Fiscal Impact
There is no fiscal impact associated with this action as all the work is being performed by the Developer.
Staff Recommendation
Staff recommends that the City Council adopt the Resolutions to execute the Subdivision Improvement Agreement and approve the Final Map for Subdivision 9622 Summer Lake North (Phase 1) Village 7.
Attachments
Attachment 1. Vicinity Map
Attachment 2. Resolution Approving the Final Map
Attachment 3. Resolution Approving the Subdivision Improvement Agreement Attachment 4. Subdivision Improvement Agreement (SIA)
Exhibit A – City Council Resolution No. 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C – Insurance Requirements
Exhibit D – Verification of Required Insurance
Attachment 5. Reduction of Subdivision 9622 Summer Lake North (Phase 1) Village 7 Final Map
207
Vicinity Map
Subdivision 9622
Summer Lake North - Village 7
1 3
4 8
13 7
6 5
9 10 11
12 Maxa
¯
2 208
RESOLUTION NO. ___-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE FINAL MAP FOR SUMMER LAKE NORTH (PHASE 1) VILLAGE 7 SUBDIVISION 9622
WHEREAS, On February 27, 2024, Resolution 19-24 and 20-24, the City Council approved the Final Map and Subdivision Improvement Agreement of Subdivision 9307 Summer Lake North Subdivision; and,
WHEREAS, Subdivision 9622 is Village 7 within Phase 1 of the master planned community of Summer Lake North; and,
WHEREAS, Civic Summer Lake North, LLC, has satisfied the necessary conditions of approval for Subdivision 9622 Summer Lake North (Phase 1) Village 7 Subdivision, as approved by the City Council on October 25, 2011, Resolution Number 116-11; and,
WHEREAS, the City Engineer has determined that the conditions of approval required prior to final map approval for Subdivision 9622 Summer Lake North (Phase 1) Village 7 have been satisfied; and
WHEREAS, the City Surveyor has determined that the final map attached herein is technically correct.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the final map labeled “Subdivision 9622 Summer Lake North Village 7”, as prepared by Carlson, Barbee, & Gibson, Inc. be approved.
PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 13th day of August 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
_________________________
Anissa Williams, Mayor
ATTEST:
_______________________
Libby Vreonis, City Clerk Date
209
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH CIVIC SUMMER LAKE NORTH, LLC, FOR SUBDIVISION 9622 SUMMER LAKE NORTH (PHASE 1) VILLAGE 7 AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT WHEREAS, the City Council of the City of Oakley, California, wishes to enter into a Subdivision Improvement Agreement with Civic Summer Lake North, LLC, for the development of a residential subdivision known as Subdivision 9622 Summer Lake North (Phase 1) Village 7; and,
WHEREAS, this agreement will require the developer to complete $1,501,000 for the Public Improvements in accordance with the project conditions of approval and City standard construction design.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the Subdivision Improvement Agreement with Civic Summer Lake North, LLC, is hereby approved and the City Manager is hereby authorized to execute the Subdivision Improvement Agreement for the development of Subdivision 9622 Summer Lake North (Phase 1) Village 7 in the form attached is made part of this resolution.
PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of August 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
____________________
Anissa Williams, Mayor
ATTEST:
_______________________ _____________________
Libby Vreonis, City Clerk Date
210
CITY OF OAKLEY
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 9622
This agreement is made and entered into this 13
th day of August 2024 by and
between the City of Oakley, a municipal corporation, hereinafter referred to as "CITY", and Civic Summer Lake North, LLC, a Delaware limited liability company, hereinafter referred to as "DEVELOPER".
R E C I T A L S
WHEREAS, it has been determined by the City Council of the City of Oakley, State of California, that DEVELOPER, the subdivider of Subdivision 9622, desires to improve and dedicate those public improvements (hereafter “The Improvements”) required by the conditions of approval for the project as adopted by the City of Oakley City Council via Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, in accordance with the requirements and conditions set forth in approvals, the requirements of the Subdivision Map Act of the State of California, and those certain plans and specifications for said development approved by CITY and titled “Summer Lake North - Phase 1 Village 7 Improvement Plans Subdivision 9622" prepared by Carlson, Barbee, and Gibson, Inc., now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and
WHEREAS, DEVELOPER and CITY acknowledge that not all conditions of approval (“COA”) contained in Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, have been satisfied, but nevertheless, DEVELOPER desires to file a final map. The satisfaction of all COA are the subject of this Agreement. DEVELOPER’s agreement to satisfy all COA, unless mutually agreeable modifications are approved by City at a later date, and construct the Improvements identified in the aforementioned COA is a material part of the consideration for this Agreement; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows:
1. Improvements.
DEVELOPER agrees to install the road improvements (both public and private), sewer and drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required as conditions of 211
approval of Tentative Map 9307 as set forth in Exhibit A to this Agreement, which is incorporated herein as if set forth at this point, or as otherwise required in the subdivision ordinance. In the event that any provision of this Agreement conflicts with the provisions of Exhibit A the provisions of Exhibit A shall prevail to the extent that the conflicting provision in Exhibit A requires a greater or more extensive improvement or expenditure, or to the extent that that provision extends DEVELOPER’s obligations over a greater period of time than the specific provision set forth herein. Such improvements shall also be made in conformance with the City of Oakley Municipal Code and Contra Costa County Ordinance Code as adopted and enforced by the City of Oakley.
DEVELOPER will commence construction of The Improvements within 30 days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than 36 months following said date of execution in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City of Oakley Municipal Code and Contra Costa County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the City Municipal Code or County Ordinance Code, the stricter requirements shall govern. It is understood that the City of Oakley was incorporated effective July 1, 1999, and as such continues to rely on certain laws, ordinances and design standards of the County of Contra Costa. References herein to the County Code or County Ordinance Code are understood to refer to such ordinances and codes as if adopted by the City of Oakley.
Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications.
2. Estimated Cost of Improvements for Bonding Purposes.
The estimated cost of constructing The Improvements required by this Agreement as adjusted for inflation is agreed to be $1,501,000. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured, as set forth in Exhibit B. 212
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in the forms specified in Government Code sections 66499.1 and 66499.2 or in a form satisfactory to the CITY Attorney if different from said Government Code forms:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to fifty percent (50%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. DEVELOPER may request that portions or all of the bonds may be substituted by other parties in the event that portions or all of the Subdivision is sold to other parties, and such substitution shall not be unreasonably withheld by CITY.
4. Prevailing Wage.
To the extent required by Labor Code Section 1720, DEVELOPER and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with the City Engineer. Copies may be obtained at cost at the City Engineer’s office, City of Oakley. DEVELOPER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. DEVELOPER shall comply with the provisions of Sections 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, and 1812 of the Labor Code.
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5. Insurance Required.
Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required in this paragraph and as set forth in Exhibit C, and such insurance shall have been reasonably approved by the Finance Director of CITY, or its designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Finance Director, all insurance required under this paragraph and as set forth in Exhibit C, evidenced herein as Exhibit D, and such insurance shall have been reasonably approved by the Finance Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY.
All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
6. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect (including acts of vandalism), DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year as to those specific corrections to insure that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair, including all administrative costs incurred by the City to administer such repair(s).
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing 214
statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
7. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications.
8. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which consent shall not be unreasonably withheld.
9. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, after notice and an opportunity to cure, which notice shall give no fewer than ten (10) business days to address any claim of default, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant 215
and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Manager and City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
Notices required to be given to DEVELOPER shall be addressed as follows:
David B. Sanson and Trent Sanson
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
With a copy to:
Dana Tsubota
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Attn: Daniel Livsey
The Ohio Casualty Insurance Company
1340 Treat Blvd., Suite 400
Walnut Creek, CA 94597
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Contra Costa County.
10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner 216
to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety.
11. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly.
12. Acceptance of Work.
Upon notice of the completion of the work covered by this agreement and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or its designated agents of such acceptance.
13. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication.
14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California.
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15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and hold harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows:
1. That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid
hold harmless agreement, because of the acceptance by
CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 5 hereof.
2. That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such
damages or claims for damages.
b. Design Defect. If, in the reasonable opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the reasonable opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said
design defect at DEVELOPER’s sole cost and expense.
c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. 218
16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Oakley, California, the day and year first above written.
CITY OF OAKLEY
By:
___________________
Joshua McMurray
City Manager
APPROVED AS TO
FORM:
Derek P. Cole
City Attorney
ATTEST:
_____________________
Libby Vreonis, City Clerk
DEVELOPER
By:___________________________
Exhibits: Exhibit A – City of Oakley, City Council, Resolution 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C - Insurance Requirements
Exhibit D - Verification of Required Insurance
219
EXHIBIT A
(RESOLUTION 116-11 & Substantial Conformance Letter)
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CITY COUNCIL
Sue Higgins, Mayor
Randy Pope, Vice Mayor
Aaron Meadows
Anissa Williams
George Fuller
CITY HALL
3231 Main Street
Oakley, CA 94561
925.625.7000 tel
925.625.9859 fax
www.ci.oakley.ca.us
April 23, 2021
Glen Martin, President
Danville Development and Real Estate
1600 S. Main Street, #380
Walnut Creek, CA 94596
SUBJECT: Summer Lake North Conformance Exhibit Consistency with Approved Entitlement (Summer Lake North Vesting Tentative Map 9307 (TM 01‐11)) Dear Mr. Martin:
Thank you for submitting your request for City concurrence on the consistency of the updated Conformance Exhibit (Exhibit) dated February 17, 2021 with the approved entitlement associated with the Summer Lake North Vesting Tentative Map 9307 (TM 01‐11). Staff has reviewed your request and finds the Exhibit to be consistent with the approved entitlement and any final subdivision map(s) that are consistent with the Exhibit would also be in substantial conformance with the Vesting Tentative Map identified above. In summary, the updates will provide for a master planned community with greater connectivity, while staying within the current density limits of the approved Vesting Tentative Map and increasing open space and park acreage, all while maintaining the same road circulation with slight exceptions.
If you have any questions regarding this letter, please contact me at (925) 625‐7004 or by email at [email protected].
Sincerely,
Joshua McMurray
Community and Economic Development Director
Attachments: Conformance Exhibit dated February 17, 2021 C: Bryan Montgomery, City Manager
Kevin Rohani, City Engineer
Ken Strelo, Principal Planner
Billilee Saengchalern. Principal Engineer
Dave Sanson, De Nova Homes, Inc.
Trent Sanson, De Nova Homes, Inc.
Dana Tsubota, De Nova Homes, Inc.
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PARCEL U
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(S
UMMER
LAKE
DRIVE)
'A ' STRE
T
(E. SUMMER LAKE DRIVE)
'B STREET
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(E. SUM
ER
LAKE
DRIVE)
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'F' COURT 'G' STREET 'H' STREET
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'KK' COURT
'LL' STREET 'MM' STREET
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'OO' STREET
'UU' STREET
'VV' STREET 'WW' STREET
'XX' STREET
'PP' STREET 'QQ' STREET 'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT
'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET 'GGG' STREET PARCEL D (OPEN SPACE)
PARCEL E
(PARK)
PARCEL G
(PARK)
PARCEL H
(OPEN SPACE)
PARCEL I
(OPEN SPACE)
PARCEL Q (PARK)
PARCEL R
(PARK)
PARCEL U
PARCEL T (OPEN SPACE)
PARCEL W
(PARK)
'HHH' STREET 'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
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'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
'SSS' STREET
'GGG' COURT
'H' COURT
LEVEE
PARCEL B
N1
N5
N4
N6
N3
N3
N5
N2
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_01.DWG
SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
OVERALL SITE PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 200' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 200 400 600
OF SHEET
SHEET NO.
1 5
CONTACTS
GENERAL NOTES
VICINITY MAP
LEGEND
581
EXISTING PROPOSED
ABBREVIATIONS
TYPICAL PARK / LAKE SECTION
TYPICAL LEVEE SECTION
LAND USE SUMMARY
LAND USE AREA (AC±)
OVERALL LOTTING SUMMARY
NEIGHBORHOOD
LOT TYPE
(TYP.)
NUMBER OF
LOTS
LOT NUMBER
RANGE
AREA
(AC±)
AVG LOT
SIZE (SF±)
MIN LOT
SIZE (SF±)
MAX LOT
SIZE (SF±)
SHEET INDEX
SHEET NO. SHEET DESCRIPTION
242
SANDMOUND BOULEVARD
LEVEE LEVEE BETHEL ISLAND ROAD LEVEE LEVEE
1 2
5 4
1 3
PARCEL B
PARCEL B
822
824 'B' STREET
'C' STREET
168
169
170
255
257 258 259 260 261 262 263
269 268 267 266 265 264
270
271
272
273
274
275
276
277
278
279
280
281
282
290 289 288 287 286 285 284 283
291 292 293 294 295 296 297 298
306 305 304 303 302 301 300 299
307 308 309 310 311 312 313 314
322 321 320 319 318 317 316 315
323 324 325 326 327 328 329 330
331
332
333
334
335
336
337
338
339
340
341
342
343
345
347
357
362
379 384 399 402
416
459 460 461 462 463 464 465 466 467 468 469 470
471
472
473 474
823
(E. SUMMER LAKE DRIVE)
'V' STREET 'W' STREET 'Q' STREET
'X' STREET
'Y' STREET
'Z' STREET 'BB' STREET
'AA' STREET
'CC' STREET
'DD' STREET
'DD' STREET 'MM' STREET
PARCEL G
(PARK)
PARCEL H
(OPEN SPACE) PARCEL B
PARCEL B PARCEL A
344 PARCEL A
LEVEE
LEVEE
4 3 LEVEE ACCESS ROAD LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
2 5
KEY MAP
LOOP ROAD LOCAL STREET
FUTURE BETHEL ISLAND ROAD
SHEET LOCATION
EXISTING EASEMENTS
1 2
3 4
5 6
SEE SHEET 3 SEE SHEET 4 'MM' STREET
'LL' STREET
'JJ' STREET
PROJECT COLLECTOR ROAD
SANDMOUND BOULEVARD
243
BETHEL ISLAND ROAD
CYPRESS ROAD LEVEE EXISTING
LEVEE
CYPRESS ROAD
CYPRESS ROAD
SUMMER LAKE DRIVE
MANRE
S
A
S
H
OR
E
LA
TALARIA DRIVE
2 4
6 1
6 6
8 9
PARCEL N
(SS PUMP STATION) PARCEL A
PARCEL M
(SD PUMP STATION) LEVEE
CYPRESS ROAD LEVEE ACCESS ROAD
LEVEE ACCESS ROAD LEVEE ACCESS ROAD BETHEL ISLAND ROAD
PARCEL C
'B' STREET
PARCEL S
(COMMERCIAL)
PARCEL J
(LAKE)
PARCEL F
(WETLAND)
49 48
47 46
45 44
43 42
41 40
39 38
37 36
35 34
33 32
31 30
29 28
27 26
25 24
23 22
51 1 2 3 4 5 6
7 8
9 10
11 12
13 14
15 16 17
18 19
20 21
50 52
53 57
55 54
56 62
61 60
59 58
64 65
66 67
68 63
69 70 71
72 73
74 75
76 77
78 79 80
81 82 83
84 85
88 89
90 91
92 93
94 95
96 97
98 99
102
103 104 105 106
87 86
100 101
111
110
109
108
107
112
114
115
116
117
118
113
119
121
122
123
124
125
120
126
127
128
129 130 131
132
133
134
135
136
137
138
139 140
141
142
143 144
145
146
147
148 149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182 183 184 185 186 187 188 189
190
191
192
193
194 195 196 197 198 199 200 201
211 210 209 208 207 206 205 204 203 202
212 213 214 215 216 217 218 219 220 221
231 230 229 228 227 226 225 224 223 222
232 233 234 235 236 237 238 239 240 241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257 258 259 260 261 262 263 345
346
347
348
349
350
351
352
353 354
355
356
357
362
363
364
365
366
367 368 369
370 371 372 373
374
375
376
377
379 384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399 402
403
404
405
416
459 460 461 462 463 464 465 466 467 468 469 470 471
472
473 474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492 493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516 517 518 519 520 521 522 523 524 525 526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
574
573 572 571 570 569
568
575
576
577
578 579 580
581
597
598
599
600
601
602
603
604
667
668
669
670
671
672
673
674
675
676
677
678
685
684
683
682
681
680
679
( S
U
M
M
E
R LA
K
E
D
R I V
E )
' A ' STREET
(
E . SUM
ER
LAKE
DR I VE )
'E' STREET
'D' STREET
'F' COURT 'G' STREET 'H' STREET
'I' STREET
'J' STREET
'K' STREET
'L' STREET 'M' STREET 'N' STREET
'N' STREET
'O' COURT
'Q' STREET 'R' STREET 'S' STREET
'T' STREET
'U' STREET
'V' STREET 'W' STREET
'CC' STREET
'DD' STREET
'DD' STREET
'FF' STREET
'FF' STREET
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'DDD' COURT
PARCEL D (OPEN SPACE)
PARCEL E
(PARK)
PARCEL G
(PARK)
PARCEL Q
(PARK)
PARCEL T
(OPEN SPACE)
PARCEL J
(LAKE)
495
'H' COURT
3 7
7 1
346
LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
3 5
SEE SHEET 5
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
4 5
6 7
8 9
SEE SHEET 4
SEE SHEET 2
'DD' STREET SEE SHEET 4
PARCEL L
(SCHOOL)
3 FUTURE BETHEL ISLAND ROAD
244
PARCEL M
(SD PUMP STATION)
LEVEE
4 1
2 PARCEL N
(SS PUMP STATION)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
LEVEE ACCESS ROAD
'B' STREET
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
PARCEL J
(LAKE)
PARCEL B 'B' STREET
132
133
134
135
136
137
150
151
152
153
154
155
156
157
158
159
168
169
170
171
172
173
174
175
176
177
178
179
180
181
339
340
341
344
345
347
348
349
350
351
352
353 354
355
356
357
358 359 360
361
362
363
364
365
366
367 368 369 370 371 372 373
374
375
376
377
378
379 380 381 382
383
384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399
400 401
402
403
404
405
413
414
415
406 407 408 409 410 411 412
416 417 418
419
420
421 422
423
424
425
426
427
428
429
430 431 432 433
434
435
436
437
438
439
440
441
442
443
444 445 446 447 448 449 450 451 452 453
455 454
457 456 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472
473 474
475
476
477
478
479
480
481
482
483
495
496
497
533
538
539
540
541
542
543
544
545
546
547
548
549
574
573 572 571 570 569
575
576
577
578 579 580
657
658
659
660
661
662
663
664
665
666
691
763
764
765
766
767
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
806 807 808 809 810 811 812 813 814 815
816
817
' A ' STRE
T
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(
E . SUM
ER
LAKE
DR I VE )
'N' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET
'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'TT' STREET 'AAA' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
346
495
'SSS' STREET
LEVEE
PARCEL B
LEVEE ACCESS ROAD
PARCEL I
(OPEN SPSACE)
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
4 5 SEE SHEET 3
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
SEE SHEET 5
SEE SHEET 2
'ZZ' STREET
'BBB' COURT
245
CYPRESS ROAD
SANDMOUND BOULEVARD
EXISTING LEVEE
LEVEE
CYPRESS ROAD
PATHFINDER COURT
TALARIA DRIVE
2 3
4 5
6 7
8 9
10 11
12 14
13 15
16 818
819
820 821
PARCEL N
(SS PUMP STATION)
PARCEL Z
(LIGHT INDUSTRIAL)
PARCEL L
(SCHOOL)
PARCEL K
(PARK)
'B' STREET
LEVEE
LEVEE ACCESS ROAD
LEVEE ACCESS ROAD
PARCEL X PRIVATE DRIVEWAY
(E. SUMMER LAKE DRIVE)
E . SUM
ER
LAKE
DR I VE
PARCEL U
(OPEN SPACE)
'B' STREET
PARCEL BB
(AGRICULTURE
LIMITED)
PARCEL AA
(AGRICULTURE
LIMITED)
PARCEL Y
(LIGHT INDUSTRIAL)
PARCEL P
(PARK)
PARCEL O
(WETLAND)
WETLAND
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
558
559
560
562
563
572 571 570 569
577
578 579 580
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613 614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
691
690
689
688
687
686
685
684
683
682
681
680
679
692
693
694
695
696
701
700
699
698
697
702
703
704
705
706
707
708
710
709
711
712
713
716
715
714
717
718
719
720
721
722 723 724 725 726 727 728 729 730
731
732
733
734
735
736
737
738
739
740
741
742 743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772 773 774
775
776
777
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
789
796
797
798
799
800
801
802
803
804
805
806 807 808 809 810 811 812 813 814 815
816
817
(E. SUMMER LAKE DRIVE)
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT 'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET
'GGG' STREET
PARCEL Q (PARK)
PARCEL R
(PARK)
PARCEL U
PARCEL T
(OPEN SPACE)
PARCEL W
(PARK)
'HHH' STREET
'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
PARCEL V
(SS PUMP STATION)
495
494
'SSS' STREET
MANR
E
SA
SHORE
LANE
'GGG' COURT
PARCEL B
PARCEL B EXISTING LEVEE
1 1 PRIVATE DRIVEWAY
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307
SUMMER LAKE NORTH
CONFORMANCE EXHIBIT
LOTTING PLAN
CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300
OF SHEET
SHEET NO.
5 5
SEE SHEET 3
KEY MAP
LOOP ROAD
LOCAL STREET
SHEET LOCATION
EXISTING EASEMENTS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
LEVEE ACCESS ROAD
SEE SHEET 4
CYPRESS ROAD
246
EXHIBIT B
ENGINEER’S ESTIMATE
247
ENGINEER'S BOND ESTIMATE July 23, 2024
SUMMER LAKE NORTH Job No.: 1292-107
VILLAGE 7 (PHASE 1)
SUBDIVISION 9622
OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 3.5" Asphalt Concrete ($0.45 per Inch) 121,727 SF $ 1.58 $ 191,720 2 9" Aggregate Base ($0.18 per Inch) 121,727 SF $ 1.62 $ 197,198 3 Pavement Sealant (Fog) 121,727 SF $ 0.02 $ 2,435
4 Sidewalk 34,550 SF $ 4.50 $ 155,475
5 Thru-the-Curb Drain (Schedule 40 PVC) 172 EA $ 50 $ 8,600 6 Curb Ramp 12 EA $ 1,500 $ 18,000
7 Driveway Approach (Residential) 9,890 SF $ 5 $ 49,450 8 Striping (Centerline, Crosswalk, Stop Bars & Street Signs) 1 LS $ 5,000 $ 5,000 9 Street Trees (Budget) (Assume 2 per Lot) 172 EA $ 250 $ 43,000 10 6" Vertical Curb and Gutter 6,700 LF $ 23 $ 154,100
11 Survey Monuments 11 EA $ 650 $ 7,150
12 Conform to Existing Pavement (Assume 10') 985 SF $ 4 $ 3,940 Subtotal Street Improvements $ 836,067
DRAINAGE IMPROVEMENTS
13 18" HPDE 3,110 LF $ 55 $ 171,050
14 24" HDPE 604 LF $ 70 $ 42,280
15 Catch Basin (Type I Inlet) 44 EA $ 3,000 $ 132,000
16 SD Manhole (Standard Manhole) 1 EA $ 4,500 $ 4,500
Subtotal Drainage Improvements $ 349,830
ELECTRICAL IMPROVEMENTS
17 Streetlight 28 EA $ 4,500 $ 126,000
18 Electrolier Pull Box 28 EA $ 100 $ 2,800
Subtotal Electrical Improvements $ 128,800
MISCELLANEOUS
19 Mobilization 1 LS $ 50,000 $ 50,000
Subtotal Miscellaneous $ 50,000
SUBTOTAL SUMMER LAKE NORTH - VILLAGE 7 CONSTRUCTION COST $ 1,364,697 10% CONTINGENCY $ 136,470
TOTAL SUMMER LAKE NORTH - VILLAGE 7 CONSTRUCTION COST $ 1,501,000 (to the nearest $1,000)
Notes:
1 2
3 This estimate excludes all associated Agency fees and costs.
This estimate is based on the Summer Lake North Phase 1 - Village 7 Improvement Plans dated 06/28/2024. The Improvement Plans are subject to final design and approval.
This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen condtitions or changes required by governing agencies.
P:\1200 - 1299\1292-107\Estimates\Bond\CITY\Bond 1_SLN Village 7_City_002.xlsx\CITY Page 1 of 1 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com
CIVIL ENGINEERS I SURVEYORS I PLANNERS
248
EXHIBIT C
INSURANCE REQUIREMENTS
CONSTRUCTION CONTRACTS
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $10,000,000)
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Contractor shall procure and maintain for the duration of the contract, and if Contractor has a claims-made policy, Contractor shall maintain for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
249
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide notice will be provided to City in the event that the policy is terminated. Contractor shall immediately notify City of any insurance cancellation or termination and shall provide replacement insurance policy documentation to the City.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mod exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
250
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Worker’s Compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 251
EXHIBIT D
VERIFICATION OF INSURANCE
252
1 SUBDIVISION 9622
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
JOB NO. 1292-107 SHEET OF 10
OWNER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
COUNTY RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
PROJECT
SITE
VICINITY MAP
CLERK OF THE BOARD OF SUPERVISORS '
STATEMENT
253
2 SUBDIVISION 9622
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
JOB NO. 1292-107 SHEET OF 10
CITY ENGINEER'S STATEMENT
CITY CLERK'S STATEMENT
CERTIFICATE OF DEDICATION FOR SAME CITY COUNCIL STATEMENT
PUBLIC PURPOSE
SURVEYOR'S STATEMENT CITY SURVEYOR'S STATEMENT
SOILS REPORT
254
E CYPRESS ROAD
LOT 7 EAST LAKE TAHOE DRIVE
3 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
JOB NO. 1292-107 SHEET OF 10
BASIS OF BEARINGS:
LEGEND
REFERENCES:
NOTE:
255
MERRITT STREET MIRROR STREET 593
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692
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707 710
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619 CASTLE STREET
GRIZZLY STREET
5 6 8
9 7
10 MAY COURT JUNE COURT EAST LAKE TAHOE DRIVE
PARCEL B
PARCEL A
JOB NO. 1292-107 SHEET OF 10 4
1 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES:
256
SEE SHEET 6 SEE SHEET 7
SEE SHEET 8
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676 681
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673 684
671 686 MIRROR STREET MAY COURT PARCEL A
JOB NO. 1292-107 SHEET OF 10 5
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES:
NOTE:
257
SEE SHEET 5 MIRROR STREET MAY COURT
GRIZZLY STREET PARCEL B PARCEL A
597 598 601 602 603 599 600
595
596 679
677 680
678
SEE SHEET 7 SEE SHEET 8
E CYPRESS ROAD
JOB NO. 1292-107 SHEET OF 10 6
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES:
NOTE:
258
MERRITT STREET
707 710
708 709
701 700 699 698 697
702 703 704 705 706 MAY COURT JUNE COURT
JOB NO. 1292-107 SHEET OF 10 7
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES:
SEE SHEET 8 SEE SHEET 8 SEE SHEET 5 SEE SHEET 9
NOTE:
259
SEE SHEET 10
609 604 605 606 607 608 610
692 693 694 695 696
GRIZZLY STREET MAY COURT JUNE COURT SEE SHEET 6
SEE SHEET 7 SEE SHEET 7
E CYPRESS ROAD
JOB NO. 1292-107 SHEET OF 10 8
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES:
NOTE:
260
JUNE COURT EAST LAKE TAHOE DRIVE 638
649 634
645
644 639
647 636
646 637
648 635 622
623
618
619
620
621
SEE SHEET 10 SEE SHEET 7 CASTLE STREET
JOB NO. 1292-107 SHEET OF 10 9
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES:
NOTE:
261
GRIZZLY STREET JUNE COURT CASTLE STREET EAST LAKE TAHOE DRIVE 641 643 640
642
614
615
612
613
611
617
616
E CYPRESS ROAD
JOB NO. 1292-107 SHEET OF 10 10
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SUBDIVISION 9622
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF LOT 7 AS SHOWN ON
SUBDIVISION 9307, SUMMER LAKE NORTH
FILED IN BOOK 555 OF MAPS AT PAGE 34 THROUGH 54,
IN THE OFFICE OF THE COUNTY RECORDER
CITY OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
SUMMER LAKE NORTH - VILLAGE 7
BASIS OF BEARINGS:
LEGEND
REFERENCES: SEE SHEET 8
SEE SHEET 9
NOTE:
262
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: August 13, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving a Deferred Improvement Agreement at 720 Brownstone Road for Renovation and Flip, LLC (APN 034-140-013) Background and Analysis
The developer, Renovation and Flip, LLC, is requesting approval of a building permit to renovate the existing 843 square foot structure and build a 387 square foot addition at 720 Brownstone Road (APN 034-140-013). City Ordinance Number 10-01 requires frontage improvements to be built when a building permit is issued for a property. The ordinance allows the developer to request a Deferred Improvement Agreement in lieu of construction of frontage improvements. The agreement must be executed prior to the issuance of the building permit.
Brownstone Road fronting the property has been constructed curb to curb; however, approximately 112 linear feet of sidewalk fronting the property along the north side of this roadway has not been improved. The estimated cost of the sidewalk improvements is $15,500. Upon review of the existing roadway conditions of Brownstone Road, the City Engineer recommends that the frontage improvements be deferred for 720 Brownstone Road. Deferred improvements shall be constructed at the discretion of the City Engineer at such time as the sidewalk improvements along the entire north side of Brownstone Road is improved.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals under Community Health and Safety Goal to build safe streets and healthy neighborhoods.
Fiscal Impact
There is no fiscal impact associated with this action.
Staff Recommendation
Staff recommends that the City Council adopt the attached resolution approving the Deferred Improvement Agreement with Renovation and Flip, LLC for 720 Brownstone Road and authorizing the City Manager to execute the agreement.
Approved and
Forwarded to the
City Council
263
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Attachments
Attachment 1 - Resolution
Attachment 2 - Deferred Improvement Agreement
264
Resolution No. __-24 Page 1 of 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A
DEFERRED IMPROVEMENT AGREEMENT WITH RENOVATION AND FLIP, LLC, FOR 720 BROWNSTONE ROAD
WHEREAS, the developer, Renovation and Flip, LLC, is requesting approval of a building permit to renovate the existing 843 square foot structure and build a 387 square foot addition at 720 Brownstone Road; and
WHEREAS, Brownstone Road fronting the property has been constructed curb to curb; however, approximately 112 linear feet of sidewalk fronting the property along the north side of this roadway has not been improved. The estimated cost of the sidewalk improvements is $15,500; and,
WHEREAS, City Ordinance Number 10-01 allows the developer to request a Deferred Improvement Agreement to be executed in-lieu of constructing frontage improvements prior to issuance of the building permit; and,
WHEREAS, upon review of the existing roadway conditions of Brownstone Road, the City Engineer recommends that the frontage improvements can be deferred for 720 Brownstone Road at this time; and,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Oakley that the Deferred Improvement Agreement with Renovation and Flip, LLC, is hereby approved and the City Manager is hereby authorized to execute the Deferred Improvement Agreement for the development of 720 Brownstone Road.
PASSED, APPROVED AND ADOPTED this 13th day of August 2024 by the following vote.
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ________
Libby Vreonis, City Clerk Date
265
1 Recording Requested by:
City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
When Recorded Mail To:
City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
A.P.N. 034‐140‐013 Space above this line for Recorderʹs Use
DEFERRED IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF OAKLEY AND RENOVATION AND FLIP LLC
FOR 720 BROWNSTONE ROAD (APN 034‐140‐013)
This Deferred Improvement Agreement (the “Agreement”) is made and entered into this 13th day of August 2024, by and between the City of Oakley, a municipal corporation (ʺCITYʺ) and Renovation and Flip LLC (ʺDEVELOPERʺ).
RECITALS
A. DEVELOPER is the owner of certain real property located within the City of Oakley, County of Contra Costa, at 720 BrownstoneRoad, and more particularly described in Exhibit A (legal description), attached hereto and incorporated herein (“Property”). A plat showing the location of the Property is attached as Exhibit B (plat).
B. DEVELOPER wishes to make improvements to the property and the CITY requires among other things, that DEVELOPER construct specified public improvements pursuant to Ordinance 10‐01.
C. Ordinance 10‐01 may permit DEVELOPER to execute a deferred improvement agreement in‐lieu of constructing improvements.
D. DEVELOPER has requested, and CITY has agreed, to defer DEVELOPERʹs obligation to make certain improvements listed below. By entering into this 266
2 Agreement, DEVELOPER remains obligated to make such improvements, but in accordance with the period of time set forth herein.
AGREEMENT
1. Recitals
The foregoing Recitals are true and correct and are made a part hereof.
2. Improvements to be Constructed
a. The Oakley City Council approved August 13, 2024. DEVELOPER shall construct all improvements as required by the City Engineer. The improvements deferred by this Agreement (the “Improvements”) are generally described as follows:
Construct the frontage of Brownstone Road to the right of way street section to the satisfaction of the City Engineer. Improvements shall include approximately 112 linear feet of sidewalk along the property boundary. The necessary aboveground longitudinal and transverse drainage conforming to existing improvements shall also be provided. b. The current estimated cost of constructing the Improvements is $15,500 as reflected in the cost estimate attached hereto as Exhibit C (cost estimate).
c. All such Improvements shall be constructed in accordance with the CITY’s design standards and ordinances or as may be approved in writing by the Engineer. Upon completion DEVELOPER shall furnish CITY with a complete and reproducible set of final as‐built plans of the improvements, including any authorized modifications.
3. Completion Time.
a. Improvements shall be constructed at the discretion of the City Engineer. b. DEVELOPER shall submit improvement plans for the Improvements, prepared by a registered civil engineer, to the City Engineer and pay all applicable fees.
4. Security
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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: August 13,2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Service Director
SUBJECT: City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (4th Quarter FY 23/24) Background and Analysis
California law and the City’s Investment Policy require the Agency’s fiscal officer to submit a quarterly investment report to the Agency’s governing board. The report should contain information on all securities held and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.
Fiscal Impact
The Investment Report for the Period Ending June 30, 2024, attached shows a balance of $1,414,884.59 in cash for operations before the City receives the next distribution from the Department of Finance requested with the ROPS. To increase annual cash flow savings of refunding bonds, cash reserves were applied to bond insurance with Build America Mutual (BAM). The Reserve Requirements are satisfied in face amounts of $571,000.00 for 2015 Bonds and $1,827,318.76 for 2018 Bonds.
The Agency is in compliance with the City’s annually adopted investment policy. The tax revenues distributed to the Agency is sufficient to make the Agency’s enforceable obligation payments as approved by the Department of Finance.
Staff Recommendation
Staff recommends the City Council, as the Board of the Successor Agency, accept the investment report for the 4th Quarter of Fiscal Year 23/24.
Attachments
1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended June 30, 2024.
Approved and
Forwarded to the
City Council
292
293
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: August 13, 2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Service Director
SUBJECT: City of Oakley Quarterly Investment Report (4th Quarter FY 23/24) Background and Analysis
California law and the City’s Investment Policy require the City’s fiscal officer to submit a quarterly investment report to the City Council at the end of each quarter. The report should contain information on all securities held and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+ goal for the City of Oakley to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future.
Fiscal Impact
City resources are organized and accounted for on a fund basis with some of those funds being restricted for specified uses and others that are unrestricted. For investment purposes, however, the funds are invested as a pool. The Investment Report for the Period Ending June 30, 2024, attached shows a combined pool balance of $104,523,991.28 In addition, the pool had combined 4th Quarter accrued interest earnings of $498,344.99 compared to $392,530.49 at the end of the 3rd Quarter.
Interest for the period reflects the high rates currently being offered on safe investments, including LAIF’s short-term investments and the various types of investments that are being made through PFM, with terms of up to five years.
We continue to earn the stated rate of interest at cost on the investments that we have purchased, which can be seen in the PFM investment report and averaged 2.51% for the quarter ended June 30, 2024.
The City is in compliance with the adopted investment policy and able to meet its expenditure requirements for the next six months.
Approved and
Forwarded to the
City Council
294
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
Staff recommends the City Council accept the investment report for the 4th Quarter of Fiscal Year 2023-2024.
Attachments
1. City of Oakley Investment Report for the quarter ended June 30, 2024
2. FY 2024 City Investment Worksheet
295
Investment Performance Review
For the Quarter Ended June 30, 2024
Client Management Team PFM Asset Management LLC
Allison Kaune, Senior Analyst
Rachael Miller, Client Consultant
213 Market Street
Harrisburg, PA 17101-2141
717-232-2723
1 California Street Ste. 1000
San Francisco, CA 94111-5411
415-393-7270
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
For Institutional Investor or Investment Professional Use Only - This material is not for inspection by, distribution to, or quotation to the general public City of Oakley
296
© PFM Asset Management LLC pfmam.com |
Market Summary
297
For the Quarter Ended June 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Summary
► The second quarter of 2024 was characterized by moderating economic growth, inflation resuming its slowing trend as it inches closer to the Fed’s 2% target, signs of consumer activity beginning to taper, and a labor market that continues to come into better balance.
► As expected, the Fed kept the overnight rate at its current target range of 5.25% to 5.50% at its June 12 meeting, marking the seventh consecutive meeting since July 2023 keeping rates at this level. Furthermore, the Fed’s updated “dot plot” showed just one rate cut in 2024, a notable drop from the March projections of three cuts. This more closely aligned with market expectations, which generally assumed one or two cuts in the back half of this year.
► Investment markets generally remained priced for a “soft landing” as investor confidence and a strong investor sentiment continued to buoy risk asset valuations.
Equity markets, led notably by the technology sector, surged ahead and closed Q2 just shy of all-time highs. The S&P 500 Index returned 4.3% in Q2 while the NASDAQ Index generated an 8.5% return. U.S. Treasury yields of maturities from one to 30 years rose 13 to 22 bps, with longer tenors leading the ascent.
Economic Snapshot
► U.S. inflation readings continued to make subtle progress toward the Fed’s 2% target through most of Q2. The Fed’s preferred measure of inflation, the Personal Consumption Expenditures Index (PCE), tracked lower in May after the April and March readings showed no change. Core PCE, which removes the volatile food and energy components from PCE, declined to 2.6% in May, which also marked a multiyear low. ► U.S. real GDP growth cooled in Q1, as the final reading of 1.4% was notably lower than the third and fourth quarters of 2023. The cooling in growth was attributed to net negative contributions from net exports and private inventories, although a decline in personal spending was also noteworthy.
► The U.S. labor market continued to soften as the pace of job growth slowed in Q2. The unemployment rate hit 4.1% in June, ending a 28-month streak of unemployment at or below 4.0%. Overall, the labor market is expected to remain supportive of personal consumption as wage growth continues to outpace inflation.
However, some signs of cooling in the labor market, including increasing jobless claims, underscore the moderation in economic expectations over the near-term.
Interest Rates
► The market spent most of Q2 recalibrating expectations around the number of Fed rate cuts in 2024, ultimately settling at one or two following April’s CPI reading.
Fed funds futures ended the quarter pricing in the first rate cut in September, which represents an eight-month delay from expectations at the beginning of the year. ► U.S. Treasury yields rose modestly as the yield on the 2-, 5-, and 10-year U.S.
Treasuries rose 13, 16, and 20 bps, respectively. Despite the relatively modest increase in yields, Treasuries traded over a 40 to 50 bps range over the quarter. ► U.S. Treasury indices less than 10 years posted positive performance as higher income more than offset the negative price effects from modestly higher yields. The ICE BofA 2- and 5-year Treasury indices returned +0.85% and +0.42% respectively, while higher yields and the longer duration of the 10-year U.S. Treasury index produced negative performance, resulting in a return of -0.30% for the quarter.
Shorter-duration indices continued to benefit from the elevated Fed rate policy as the ICE BofA 3-month and 1-year U.S. Treasury indices returned +1.32% and +1.11%, respectively.
Sector Performance
► Sustained investor appetite continued to pressure yield spreads near multiyear lows across most IG sectors throughout Q2, resulting in firmly positive excess returns on corporates and most other non-government fixed income sectors. ► Federal agency, municipal, and supranational yield spreads remained low and range bound throughout Q2. Issuance was light and the incremental income from these sectors has continued to narrow.
► IG corporates performed exceedingly well for the majority of the quarter as strong performance in April and May offset modest weakness in June. Near-record-high issuance through the first half of 2024 was met with robust investor demand. On an excess return basis, lower-quality and longer-duration securities outperformed, while financial sectors bested their industrial counterparts. ► The 20-basis point back-up in the 30-Year U.S. Treasury yield over the final week of Q2 negatively affected performance of most agency mortgage-backed securities (MBS), wiping out strong positive excess returns from May and June.
Agency commercial MBS – which tend to have a shorter duration than residential counterparts – generated positive excess return.
► The asset-backed security (ABS) sector continued to perform well in Q2 as higher incremental income made the sector an attractive alternative relative to industrial corporate issuers. The strength in the sector was supported by a resurgence in issuance that was met with strong demand and heavy oversubscriptions, as well as persistent tightness in spreads that remained hovering near their two-year lows. ► Shorter maturities less than one year remained firmly above 5.25% as the Fed’s overnight rate policy remained unchanged. Short-term credit, including commercial paper and negotiable CDs, generally experienced spread tightening over the course of the quarter.
PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 1 298
For the Quarter Ended June 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Labor Market
Economic Snapshot
Mar '24 Jun '23
3.4%
Latest
200K
0 600K
400K
800K
1,000K
2.0%
1.0%
0.0%
4.0%
3.0%
6.0%
5.0%
7.0%
Jun '21 Dec '21 Jun '22 Dec '22 Jun '23 Dec '23 Jun '24 Unemployment Rate (left) vs. Change in Non-farm Payrolls (right) Change In Non-Farm Payrolls Unemployment Rate
6%
4%
8%
2%
0%
-2%
-4%
Mar '21 Sep '21 Mar '22 Sep '22 Mar '23 Sep '23 Mar '24 Real GDP (QoQ)
10%
9%
8%
7%
6%
5%
4%
3%
2%
1%
0%
Jun '21 Dec '21 Jun '22 Dec '22 Jun '23 Dec '23 Jun '24 Consumer Price Index
CPI (YoY) Core CPI (YoY)
2 2
Unemployment Rate Jun '24 4.1% 3.8% 3.6%
Change In Non-Farm Payrolls Jun '24 206,000 310,000 240,000 Average Hourly Earnings (YoY) Jun '24 3.9% 4.1% 4.7%
Personal Income (YoY) May '24 4.6% 4.3% 5.4%
Initial Jobless Claims (week) 7/6/24 222,000 222,000 248,000 Growth
Real GDP (QoQ SAAR) 2024Q1 1.4% 12.2%
GDP Personal Consumption (QoQ SAAR) 2024Q1 1.5%
1 3.3% 3.8%
Retail Sales (YoY) May '24 2.3% 3.6% 1.6%
ISM Manufacturing Survey (month) Jun '24 48.5 50.3 46.4 Existing Home Sales SAAR (month) May '24 4.11 mil. 4.22 mil. 4.11 mil.
Inflation/Prices
Personal Consumption Expenditures (YoY) May '24 2.6% 2.7% 3.2% Consumer Price Index (YoY) Jun '24 3.0% 3.5% 3.0%
Consumer Price Index Core (YoY) Jun '24 3.3% 3.8% 4.8%
Crude Oil Futures (WTI, per barrel) Jun 30 $81.54 $83.17 $70.64 Gold Futures (oz.) Jun 30 $2,340 $2,217 $1,929
1. Data as of Fourth Quarter 2023.
2. Data as of First Quarter 2023.
Note: YoY = year-over-year, QoQ = quarter-over-quarter, SAAR = seasonally adjusted annual rate, WTI = West Texas Intermediate crude oil.
Source: Bloomberg.
PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 2 299
For the Quarter Ended June 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Source: Bloomberg.
Interest Rate Overview
U.S. Treasury Note Yields U.S. Treasury Yield Curve
U.S. Treasury Yields Yield Curves as of June 30, 2024
0%
1%
2%
3%
4%
5%
6%
3-yr2-yr1-yr3-mo
5-yr7-yr10-yr20-yr30-yr
Yield
Maturity
June 30, 2024 March 31, 2024 June 30, 2023
6%
5%
4%
3%
2%
1%
0% 3-yr
2-yr1-yr3-mo
7-yr50
-yr
10-yr25-yr30-yr
Yield
Maturity
U.S. Treasury Federal Agency Corporates, A Rated
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
6/30/23 9/30/23 12/31/23 3/31/24
Yield
2-Year 5-Year 10-Year
Maturity Jun '24 Mar '24
Change over
Quarter
Jun '23
Change over
Year
3-Month 5.36% 5.37% (0.01%) 5.30% 0.06%
1-Year 5.12% 5.03% 0.09% 5.42% (0.30%)
2-Year 4.76% 4.62% 0.14% 4.90% (0.14%)
5-Year 4.38% 4.21% 0.17% 4.16% 0.22%
10-Year 4.40% 4.20% 0.20% 3.84% 0.56%
30-Year 4.56% 4.34% 0.22% 3.86% 0.70%
PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 3 300
For the Quarter Ended June 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
June 30, 2024 Duration Yield 3 Month 1 Year 3 Years
1-3 Year Indices
U.S. Treasury 1.82 4.79% 0.94% 4.53% 0.40%
Federal Agency 1.50 4.89% 1.02% 4.90% 0.61%
U.S. Corporates, A-AAA rated 1.87 5.32% 1.05% 5.67% 1.00% Agency MBS (0 to 3 years) 1.95 5.52% 1.17% 5.25% 0.17%
Taxable Municipals 1.65 5.13% 0.94% 5.38% 0.89%
1-5 Year Indices
U.S. Treasury 2.58 4.64% 0.82% 4.16% (0.35%)
Federal Agency 1.87 4.77% 0.97% 4.70% (0.03%)
U.S. Corporates, A-AAA rated 2.54 5.13% 0.97% 5.75% 0.26% Agency MBS (0 to 5 years) 3.00 5.37% 0.69% 4.67% (0.70%) Taxable Municipals 2.25 5.11% 0.81% 4.80% 0.18%
Master Indices (Maturities 1 Year or Greater)
U.S. Treasury 6.20 4.57% 0.12% 1.36% (3.43%)
Federal Agency 3.20 4.73% 0.82% 4.18% (1.07%)
U.S. Corporates, A-AAA rated 6.75 5.34% (0.03%) 4.03% (3.09%) Agency MBS (0 to 30 years) 5.61 5.23% 0.23% 2.14% (2.96%) Taxable Municipals 8.90 5.29% (0.45%) 2.38% (4.70%)
Returns for periods greater than one year are annualized.
Source: ICE BofAML Indices.
As of 06/30/2024 Returns for Periods ended 06/30/2024
ICE BofAML Index Returns
PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 4 301
For the Quarter Ended June 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Disclosures
PFM Asset Management LLC (“PFMAM”) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (“USBAM”). USBAM is a subsidiary of U.S. Bank National Association (“U.S. Bank”). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S.
Bank is not responsible for and does not guarantee the products, services or performance of PFMAM.
The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC at the time of distribution and are subject to change.
Information is obtained from sources generally believed to be reliable and available to the public; however, PFM Asset Management LLC cannot guarantee its accuracy, completeness, or suitability. The information contained in this report is not an offer to purchase or sell any securities.
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
Further distribution is not permitted without prior written consent.
PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 5 302
© PFM Asset Management LLC pfmam.com |
Portfolio Review:
CITY OF OAKLEY
6 303
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Compliance
|
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").
Certificate of Compliance
During the reporting period for the quarter ended June 30, 2024, the account(s) managed by PFM Asset Management ("PFMAM")were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.
Acknowledged : PFM Asset Management LLC
7 304
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Account Summary
|
Account Summary
1. Yield at market, yield on cost, and portfolio duration only include investments held within the separately managed account(s), excludes balances invested in overnight funds.
The current 7-day yield is the net change, exclusive of capital changes and income other than investment income, in the value of a hypothetical fund account with a balance of one share over the seven-day base period including the statement date, expressed as a percentage of the value of one share (normally $1.00 per share) at the beginning of the seven-day period. This resulting net change in account value is then annualized by multiplying it by 365 and dividing the result by 7. The yields quoted should not be considered a representation of the yield of the fund in the future, since the yield is not fixed.
2. City of Oakley - City of Oakley - 6111-01
Portfolio Values June 30, 2024CAMP Managed Account $30,079,702 CAMP Pool $85,743
Amortized Cost $30,904,209
Market Value $30,079,702
Accrued Interest $150,737
Cash $0
Analytics¹ June 30, 2024Yield at Market 4.80%
Yield on Cost 2.51%Portfolio Duration 2.13
CAMP Pool7-Day Yield 5.44%
8 305
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Account Summary
|
Account Summary
CAMP Managed Account $30,230,439
CAMP Pool $85,743Total Program $30,316,182
Consolidated Summary
Sector Allocation
0.3% 0.0%
8.2% 6.7%
13.1%
24.5%
11.7% 10.8%
24.8%
0.0% 0.0% 0.0%
$0$2$4
$6$8
$10
Millions
Under
30 days
31 to 60
days
61 to 90
days
91 to
180 days
181 days
to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
5 to 7 years
7 to 10
years
Over 10
years
Maturity Distribution
(Weighted Average Maturity: 838 Days)
1. Account summary and sector allocation include market values, accrued interest, and overnight balances. Maturity distribution includes market values and excludes accrued interest and overnight balances U.S. Treasury | 87%Corporate | 13%Joint Powers Authority | <1% 9 306
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Snapshot
|
Total market value includes accrued interest and balances invested in CAMP, as of June 30, 2024.Yield and duration calculations exclude balances invested in CAMP.The portfolio’s benchmark is currently the 0-5 Year U.S Treasury Index. Prior to 03/31/24 it was the 1-5 year Treasury Index. Source: Bloomberg.
An average of each security’s credit rating was assigned a numeric value and adjusted for its relative weighting in the portfolio.
1. Portfolio Snapshot - CAMP-CITY OF OAKLEY¹
Credit Quality - S&P
32%
22%
12%
19%
15%
27% 26%
20%
18%
9%
0%5%
10%15%20%25%30%35%
0-1 Yr 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs
Portfolio Benchmark
Duration Distribution
U.S. Treasury | 87%Corporate | 13%Joint Powers Authority | <1% Sector Allocation
AAAm | <1%AA+ | 89%AA | 1%AA- | 1%A+ | 2%A | 3%A- | 3%
BBB+ | 1%
Portfolio Statistics
Portfolio Effective DurationBenchmark Effective DurationPortfolio Credit Quality Yield At Market
Yield At Cost
Total Market Value
Managed Account Sub-TotalPool
$30,316,182.48
$30,079,702.05
$150,736.99
$85,743.44
2.13 years
2.03 years
2.51%
4.80%
AA
Accrued Interest
10 307
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Characteristics
|
$0.0$6.2
$12.4$18.6$24.8$31.0
Millions
June 2024
$0.0$6.2
$12.4$18.6$24.8$31.0
Millions
March 2024
$0.0$6.2
$12.4$18.6$24.8$31.0
Millions
December 2023
$0.0$6.2
$12.4$18.6$24.8$31.0
Millions
September 2023
Sector Allocation Review
U.S. Treasury Corporate Joint Powers Authority
Market values, excluding accrued interest. Only includes fixed-income securities held within the separately managed account(s) and LGIPs managed by PFMAM. Detail may not add to total due to rounding.
Security Type Sep-23 % of Total Dec-23 % of Total Mar-24 % of Total Jun-24 % of Total U.S. Treasury $20.6 77.6% $19.1 68.6% $22.7 82.3% $26.2 86.9%Corporate $4.0 15.2% $4.1 14.9% $4.1 15.1% $3.9 12.8%Joint Powers Authority $1.9 7.2% $4.6 16.5% $0.7 2.6% $0.1 0.3%Total $26.6 100.0% $27.8 100.0% $27.5 100.0% $30.2 100.0% 11 308
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Activity
|
Portfolio Activity
Net Activity by Sector
($ millions)
Corporate
U.S. Treasury
Corporate
U.S. Treasury
($1.0) $0.0 $1.0 $2.0 $3.0 $4.0
Based on total proceeds (principal and accrued interest) of buys, sells, maturities, and principal paydowns. Detail may not add to total due to rounding.
Sector Net ActivityU.S. Treasury $3,481,040Corporate ($300,675)Total Net Activity $3,180,365 Sales/Maturities Purchases
12 309
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Performance
|
1. The lesser of 10 years or since inception is shown. Since inception returns for periods one year or less are not shown. Performance inception date is December 31, 2021.2. Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.3. Returns for periods one year or less are presented on a periodic basis. Returns for periods greater than one year are presented on an annualized basis.
4. The portfolio’s benchmark is currently the 0-5 Year U.S Treasury Index. Prior to 03/31/24 it was the 1-5 year Treasury Index. Source: Bloomberg. -1.0%
0.0%1.0%2.0%3.0%4.0%5.0%
Return
Portfolio Benchmark Net of Fees
Portfolio Performance
Market Value Basis Earnings 3 Months 1 Year 3 Years 5 Years Since Inception¹ Interest Earned² $148,595 $521,301 - - $934,272
Change in Market Value $132,493 $840,678 - - ($406,259) Total Dollar Return $281,088 $1,361,979 - - $528,013
Total Return³
Portfolio 0.94% 4.70% - - 0.40%Benchmark⁴ 0.93% 4.28% - - -0.11%Basis Point Fee 0.02% 0.10% - - 0.10%Net of Fee Return 0.91% 4.61% - - 0.30% 3 Months 1 Year 3 Years 5 Years Since Inception
13 310
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Performance
|
1. The lesser of 10 years or since inception is shown. Performance inception date is December 31, 2021.2. Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.3. Realized gains / (losses) are shown on an amortized cost basis.
Accrual Basis Earnings
Accrual Basis EarningsInterest Earned²Realized Gains / (Losses)³Change in Amortized CostTotal Earnings 3 Months
$148,595- $42,107
$190,702
1 Year
$521,301- $144,331$665,632
3 Years---- 5 Year---- Since Inception¹ $934,272 ($21,947) $290,092 $1,202,416 14 311
© PFM Asset Management LLC pfmam.com |
Portfolio Holdings and Transactions
15 312
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Summary
|
Ratings shown are calculated by assigning a numeral value to each security rating, then calculating a weighted average rating for each security type / issuer category using all available security ratings,excluding Not-Rated (NR) ratings. For security type / issuer categories where a rating from the applicable NRSRO is not available, a rating of NR is assigned. Includes accrued interest and excludes balancesinvested in overnight funds.
Issuer Diversification
Security Type / Issuer Market Value (%) S&P / Moody's / FitchU.S. Treasury 87.2% UNITED STATES TREASURY 87.2% AA / Aaa / AA
Corporate 12.8%
3M COMPANY 0.7% BBB / A / A
AMAZON.COM INC 1.3% AA / A / AAAPPLE INC 1.3% AA / Aaa / NR BANK OF AMERICA CO 1.4% A / A / AABRISTOL-MYERS SQUIBB CO 0.7% A / A / NRBURLINGTON NORTHERN SANTA FE 0.7% AA / A / NR COMCAST CORP 0.7% A / A / AGOOGLE INC 0.9% AA / Aa / NRJP MORGAN CHASE & CO 0.7% A / A / AAMASTERCARD INC 0.7% A / Aa / NRSTATE STREET CORPORATION 1.4% A / A / AATARGET CORP 0.7% A / A / ATEXAS INSTRUMENTS INC 0.9% A / Aa / NR TOYOTA MOTOR CORP 0.7% A / A / A
Total 100.0%
16 313
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Composition
|
Issuer Distribution
As of June 30, 2024
Issuer Market Value ($) % of Portfolio
UNITED STATES TREASURY 26,222,449 86.93%BANK OF AMERICA CO 426,259 1.41%STATE STREET CORPORATION 415,588 1.38% AMAZON.COM INC 392,535 1.30%APPLE INC 385,610 1.28%
GOOGLE INC 282,509 0.94%TEXAS INSTRUMENTS INC 267,701 0.89%MASTERCARD INC 220,077 0.73%TOYOTA MOTOR CORP 215,166 0.71%JP MORGAN CHASE & CO 213,747 0.71%BRISTOL-MYERS SQUIBB CO 211,581 0.70%3M COMPANY 210,034 0.70%TARGET CORP 209,266 0.69%BURLINGTON NORTHERN SANTA FE 206,244 0.68%COMCAST CORP 200,934 0.67%CAMP POOL 85,743 0.28% Grand Total 30,165,445 100.00%
17 314
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Holdings
|
Managed Account Detail of Securities Held
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
U.S. Treasury
US TREASURY NOTESDTD 09/15/2021 0.375% 09/15/2024
91282CCX7 2,500,000.00 AA+ Aaa 10/13/2021 10/14/2021 2,482,617.19 0.62 2,751.36 2,498,761.86 2,474,609.50 US TREASURY NOTESDTD 11/15/2021 0.750% 11/15/2024
91282CDH1 2,050,000.00 AA+ Aaa 3/14/2022 3/16/2022 1,984,496.09 1.99 1,963.65 2,040,795.86 2,015,406.25 US TREASURY NOTESDTD 03/31/2020 0.500% 03/31/2025
912828ZF0 1,425,000.00 AA+ Aaa 10/13/2021 10/14/2021 1,413,087.89 0.75 1,790.98 1,422,427.21 1,376,238.21 US TREASURY NOTESDTD 05/31/2020 0.250% 05/31/2025
912828ZT0 1,000,000.00 AA+ Aaa 3/14/2022 3/16/2022 944,687.50 2.04 211.75 984,236.88 956,250.00 US TREASURY NOTESDTD 09/30/2020 0.250% 09/30/2025
91282CAM3 2,320,000.00 AA+ Aaa 10/13/2021 10/14/2021 2,264,265.63 0.87 1,457.92 2,302,436.16 2,187,325.00 US TREASURY NOTESDTD 01/31/2021 0.375% 01/31/2026
91282CBH3 1,490,000.00 AA+ Aaa 5/2/2022 5/3/2022 1,352,349.61 3.00 2,333.24 1,431,782.63 1,388,261.01 US TREASURY NOTESDTD 03/31/2021 0.750% 03/31/2026
91282CBT7 1,835,000.00 AA+ Aaa 10/13/2021 10/14/2021 1,816,721.68 0.98 3,459.43 1,827,841.27 1,711,137.50 US TREASURY NOTESDTD 05/31/2021 0.750% 05/31/2026
91282CCF6 930,000.00 AA+ Aaa 6/6/2022 6/7/2022 850,732.03 3.04 590.78 891,892.50 862,429.73 US TREASURY NOTESDTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 2,510,000.00 AA+ Aaa 10/13/2021 10/14/2021 2,487,939.45 1.06 5,520.63 2,500,004.57 2,309,984.38 US TREASURY NOTESDTD 04/30/2020 0.500% 04/30/2027
912828ZN3 835,000.00 AA+ Aaa 8/3/2022 8/4/2022 744,813.48 2.96 703.40 781,148.74 746,150.82 US TREASURY NOTESDTD 08/15/2017 2.250% 08/15/2027
9128282R0 875,000.00 AA+ Aaa 9/6/2022 9/7/2022 826,567.38 3.48 7,409.86 844,377.05 817,578.13 US TREASURY NOTESDTD 01/31/2023 3.500% 01/31/2028
91282CGH8 1,000,000.00 AA+ Aaa 3/1/2024 3/5/2024 969,921.88 4.34 14,615.38 972,409.07 968,437.50 US TREASURY NOTESDTD 04/30/2023 3.500% 04/30/2028
91282CHA2 1,000,000.00 AA+ Aaa 2/22/2024 2/26/2024 966,484.38 4.39 5,896.74 969,253.54 967,187.50 US TREASURY NOTESDTD 07/31/2023 4.125% 07/31/2028
91282CHQ7 1,000,000.00 AA+ Aaa 2/15/2024 2/16/2024 995,039.06 4.25 17,225.27 995,453.74 989,531.20 US TREASURY N/B NOTESDTD 10/31/2023 4.875% 10/31/2028
91282CJF9 1,000,000.00 AA+ Aaa 2/22/2024 2/26/2024 1,021,953.13 4.35 8,213.32 1,020,482.97 1,018,906.20 18 315
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Holdings
|
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
U.S. Treasury
US TREASURY NOTESDTD 11/15/1998 5.250% 11/15/2028
912810FF0 1,000,000.00 AA+ Aaa 4/2/2024 4/3/2024 1,036,093.75 4.38 6,705.16 1,034,189.57 1,032,812.50 US TREASURY N/B NOTESDTD 12/31/2023 3.750% 12/31/2028
91282CJR3 1,000,000.00 AA+ Aaa 4/2/2024 4/3/2024 972,304.69 4.40 101.90 973,597.09 974,687.50 US TREASURY N/B NOTESDTD 01/31/2024 4.000% 01/31/2029
91282CJW2 1,000,000.00 AA+ Aaa 2/15/2024 2/16/2024 990,585.94 4.21 16,703.30 991,229.86 984,687.50 US TREASURY N/B NOTESDTD 02/29/2024 4.250% 02/28/2029
91282CKD2 1,000,000.00 AA+ Aaa 3/1/2024 3/5/2024 999,492.19 4.26 14,205.16 999,521.73 995,625.00 US TREASURY N/B NOTESDTD 03/31/2024 4.125% 03/31/2029
91282CKG5 1,000,000.00 AA+ Aaa 4/2/2024 4/3/2024 988,632.81 4.38 10,368.85 989,131.43 990,000.00 US TREASURY N/B NOTESDTD 04/30/2024 4.625% 04/30/2029
91282CKP5 450,000.00 AA+ Aaa 5/9/2024 5/13/2024 453,058.59 4.47 3,506.45 452,985.02 455,203.13 Security Type Sub-Total 27,220,000.00 26,561,844.35 2.56 125,734.53 26,923,958.75 26,222,448.56 Joint Powers Authority
CAMP Pool 85,743.44 AAAm NR 85,743.44 0.00 85,743.44 85,743.44 Security Type Sub-Total 85,743.44 85,743.44 0.00 85,743.44 85,743.44 Corporate
TOYOTA MOTOR CREDIT CORP CORPNOTESDTD 02/13/2020 1.800% 02/13/2025 89236TGT6 220,000.00 A+ A1 10/13/2021 10/15/2021 225,425.20 1.04 1,518.00 221,011.93 215,165.94 3M COMPANY (CALLABLE) CORPNOTESDTD 08/26/2019 2.000% 02/14/2025 88579YBH3 215,000.00 BBB+ A3 10/13/2021 10/15/2021 222,221.85 0.97 1,636.39 216,198.57 210,034.36 MASTERCARD INC CORP NOTES(CALLABLE)DTD 12/03/2019 2.000% 03/03/2025 57636QAN4 225,000.00 A+ Aa3 3/14/2022 3/16/2022 222,387.75 2.41 1,475.00 224,409.05 220,077.45 BURLINGTN NORTH SANTA FE CORPNOTES (CALDTD 03/09/2015 3.000% 04/01/2025 12189LAV3 210,000.00 AA- A3 10/13/2021 10/15/2021 223,351.80 1.12 1,575.00 212,092.62 206,244.15 19 316
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Holdings
|
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
Corporate
AMAZON.COM INC CORPORATE
NOTESDTD 04/13/2022 3.000% 04/13/2025
023135CE4 400,000.00 AA A1 4/11/2022 4/13/2022 399,364.00 3.06 2,600.00 399,834.04 392,535.20
APPLE INC (CALLABLE) CORP NOTES
DTD 05/11/2020 1.125% 05/11/2025
037833DT4 400,000.00 AA+ Aaa 10/13/2021 10/15/2021 401,944.00 0.99 625.00 400,433.36 385,610.40 COMCAST CORP (CALLABLE)CORPORATE NOTESDTD 05/27/2015 3.375% 08/15/2025 20030NBN0 205,000.00 A- A3 10/13/2021 10/15/2021 221,514.80 1.22 2,613.75 209,015.07 200,933.83 BRISTOL-MYERS SQUIBB COCORPORATE NOTESDTD 11/13/2020 0.750% 11/13/2025 110122DN5 225,000.00 A A2 3/14/2022 3/16/2022 210,096.00 2.66 225.00 219,430.49 211,581.45 BANK OF AMERICA CORP(CALLABLE) CORPORATDTD 02/13/2020 2.015% 02/13/2026 06051GHY8 220,000.00 A- A1 10/13/2021 10/15/2021 225,106.20 1.46 1,699.32 220,952.43 214,557.64 STATE STREET CORP NOTES(CALLABLE)DTD 10/29/2020 2.901% 03/30/2026 857477BM4 210,000.00 A A1 10/13/2021 10/15/2021 222,541.20 1.51 1,539.95 212,703.02 205,349.34 STATE STREET CORP NOTES(CALLABLE)DTD 10/29/2020 2.901% 03/30/2026 857477BM4 215,000.00 A A1 3/14/2022 3/16/2022 215,483.75 2.84 1,576.61 215,118.54 210,238.61 JPMORGAN CHASE & CO (CALLABLE)DTD 04/15/2020 2.083% 04/22/2026 46647PBK1 220,000.00 A- A1 10/13/2021 10/15/2021 225,416.40 1.52 878.33 221,243.45 213,747.38
ALPHABET INC CORP NOTES
(CALLABLE)DTD 08/09/2016 1.998% 08/15/2026
02079KAC1 300,000.00 AA+ Aa2 3/14/2022 3/16/2022 294,777.00 2.42 2,264.40 297,490.50 282,508.80 TARGET CORP CORP NOTES(CALLABLE)DTD 01/24/2022 1.950% 01/15/2027 87612EBM7 200,000.00 A A2 3/14/2022 3/16/2022 194,764.00 2.53 1,798.34 197,248.58 186,014.00 TARGET CORP CORP NOTES(CALLABLE)DTD 01/24/2022 1.950% 01/15/2027 87612EBM7 25,000.00 A A2 1/19/2022 1/24/2022 24,957.50 1.99 224.79 24,978.29 23,251.75 BANK OF AMERICA CORP NOTES(CALLABLE)DTD 10/21/2016 3.248% 10/21/2027 06051GGA1 225,000.00 A- A1 1/3/2023 1/5/2023 210,411.00 4.78 1,421.00 214,937.76 211,701.83 20 317
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Holdings
|
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
Corporate
TEXAS INSTRUMENTS INC CORPNOTES (CALLABDTD 11/03/2017 2.900% 11/03/2027 882508BC7 285,000.00 A+ Aa3 1/3/2023 1/5/2023 267,880.05 4.29 1,331.58 273,152.96 267,701.36 Security Type Sub-Total 4,000,000.00 4,007,642.50 2.20 25,002.46 3,980,250.66 3,857,253.49 Managed Account Sub Total 31,220,000.00 30,569,486.85 150,736.99 30,079,702.05Securities Sub TotalAccrued Interest $31,305,743.44 $30,655,230.29 $150,736.99 $30,165,445.49 $150,736.99
30,904,209.41
$30,989,952.85
2.51 2.51%
Total Investments $30,316,182.48
21 318
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Coupon Amount ($)
Yield
at Market
Realized
Security Description G/L (BV)
BUY4/2/2024 4/3/2024 1,000,000.00 91282CJR3 US TREASURY N/B NOTES 3.75% 12/31/2028 981,988.76 4.40%4/2/2024 4/3/2024 1,000,000.00 912810FF0 US TREASURY NOTES 5.25% 11/15/2028 1,056,286.06 4.38%4/2/2024 4/3/2024 1,000,000.00 91282CKG5 US TREASURY N/B NOTES 4.12% 3/31/2029 988,970.92 4.38%5/9/2024 5/13/2024 450,000.00 91282CKP5 US TREASURY N/B NOTES 4.62% 4/30/2029 453,793.81 4.47% Total BUY 3,450,000.00 3,481,039.55 0.00
INTEREST4/1/2024 4/1/2024 210,000.00 12189LAV3 BURLINGTN NORTH SANTA FE CORP NOTES (CAL 3.00% 4/1/2025 3,150.004/13/2024 4/13/2024 400,000.00 023135CE4 AMAZON.COM INC CORPORATE NOTES 3.00% 4/13/2025 6,000.004/21/2024 4/21/2024 225,000.00 06051GGA1 BANK OF AMERICA CORP NOTES (CALLABLE) 3.24% 10/21/2027 3,654.004/22/2024 4/22/2024 220,000.00 46647PBK1 JPMORGAN CHASE & CO (CALLABLE) 2.08% 4/22/2026 2,291.304/30/2024 4/30/2024 1,000,000.00 91282CJF9 US TREASURY N/B NOTES 4.87% 10/31/2028 24,375.004/30/2024 4/30/2024 1,000,000.00 91282CHA2 US TREASURY NOTES 3.50% 4/30/2028 17,500.004/30/2024 4/30/2024 835,000.00 912828ZN3 US TREASURY NOTES 0.50% 4/30/2027 2,087.505/3/2024 5/3/2024 285,000.00 882508BC7 TEXAS INSTRUMENTS INC CORP NOTES (CALLAB 2.90% 11/3/2027 4,132.505/11/2024 5/11/2024 400,000.00 037833DT4 APPLE INC (CALLABLE) CORP NOTES 1.12% 5/11/2025 2,250.005/13/2024 5/13/2024 225,000.00 110122DN5 BRISTOL-MYERS SQUIBB CO CORPORATE NOTES 0.75% 11/13/2025 843.755/15/2024 5/15/2024 1,000,000.00 912810FF0 US TREASURY NOTES 5.25% 11/15/2028 26,250.00 22 319
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Coupon Amount ($)
Yield
at Market
Realized
Security Description G/L (BV)
INTEREST5/15/2024 5/15/2024 2,050,000.00 91282CDH1 US TREASURY NOTES 0.75% 11/15/2024 7,687.505/31/2024 5/31/2024 930,000.00 91282CCF6 US TREASURY NOTES 0.75% 5/31/2026 3,487.505/31/2024 5/31/2024 1,000,000.00 912828ZT0 US TREASURY NOTES 0.25% 5/31/2025 1,250.006/30/2024 6/30/2024 1,000,000.00 91282CJR3 US TREASURY N/B NOTES 3.75% 12/31/2028 18,750.00 Total INTEREST 10,780,000.00 123,709.05 0.00
MATURITY5/12/2024 5/12/2024 300,000.00 023135BW5 AMAZON.COM INC CORPORATE NOTES 0.45% 5/12/2024 300,675.00 Total MATURITY 300,000.00 300,675.00 0.00
23 320
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Appendix
|
Important Disclosures
This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation, as it was prepared without regard to any specific objectives or financial circumstances.Investment advisory services are provided by PFM Asset Management LLC ("PFMAM"), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bankis a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.PFMAM professionals have exercised reasonable professional care in the preparation of this performance report. Information in this report is obtained from sourcesexternal to PFMAM and is generally believed to be reliable and available to the public; however, we cannot guarantee its accuracy, completeness or suitability. We rely on the client's custodian for security holdings and market values. Transaction dates reported by the custodian may differ from money manager statements. While efforts are made to ensure the data contained herein is accurate and complete, we disclaim all responsibility for any errors that may occur. References to particular issuers arefor illustrative purposes only and are not intended to be recommendations or advice regarding such issuers. Fixed income manager and index characteristics are gathered from external sources. When average credit quality is not available, it is estimated by taking the market value weights of individual credit tiers on the portion ofthe strategy rated by a NRSRO.It is not possible to invest directly in an index. The index returns shown throughout this material do not represent the results of actual trading of investor assets.
Third-party providers maintain the indices shown and calculate the index levels and performance shown or discussed. Index returns do not reflect payment of any salescharges or fees an investor would pay to purchase the securities they represent. The imposition of these fees and charges would cause investment performance to belower than the performance shown.The views expressed within this material constitute the perspective and judgment of PFMAM at the time of distribution and are subject to change. Any forecast,projection, or prediction of the market, the economy, economic trends, and equity or fixed-income markets are based upon certain assumptions and current opinion asof the date of issue and are also subject to change. Some, but not all assumptions are noted in the report. Assumptions may or may not be proven correct as actualevents occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Opinions and datapresented are not necessarily indicative of future events or expected performance.For more information regarding PFMAM's services or entities, please visit www.pfmam.com.© 2023 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. 24 321
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Appendix
|
Important Disclosures
This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buyor sell any fund or other security. Investors should consider the Trust's investment objectives, risks, charges, and expenses before investing in the Trust. This and otherinformation about the Trust is available in the Trust's current Information Sheet, which should be read carefully before investing. A copy of the Trust's information Statement may be available by calling 1-800-729-7665 or is available on the Trust's website at www.camponline.com. While the Cash Reserve Portfolio seeks tomaintain a stable net asset value of $1.00 per share and the CAMP TERM Portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Trust. An investment in the Trust is not insured or guaranteed by the Federal Deposit Insurance Corporation or any othergovernment agency. Shares of the Trust are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) andSecurities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is an affiliate of PFM Asset Management LLC.
Market values that include accrued interest are derived from closing bid prices as of the last business day of the month as supplied by Refinitiv, Bloomberg, or Telerate. Where prices are not available from generally recognized sources, the securities are priced using a yield-based matrix system to arrive at an estimatedmarket value.
In accordance with generally accepted accounting principles, information is presented on a trade date basis; forward settling purchases are included in the monthly balances, and forward settling sales are excluded.
Performance is presented in accordance with the CFA Institute's Global Investment Performance Standards (GIPS). Unless otherwise noted, performance is shown gross of fees. Quarterly returns are presented on an unannualized basis. Returns for periods greater than one year are presented on an annualized basis. Past performance is not indicative of future returns.
Bank of America/Merrill Lynch Indices provided by Bloomberg Financial Markets.Money market fund/cash balances are included in performance and duration computations.Standard & Poor's is the source of the credit ratings. Distribution of credit rating is exclusive of money market fund/LGIP holdings.Callable securities in the portfolio are included in the maturity distribution analysis to their stated maturity date, although, they may be called prior to maturity.MBS maturities are represented by expected average life. 25 322
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Appendix
|
Glossary
Accrued Interest: Interest that is due on a bond or other fixed income security since the last interest payment was made.Agencies: Federal agency securities and/or Government-sponsored enterprises.Amortized Cost: The original cost of the principal of the security is adjusted for the amount of the periodic reduction of any discount or premium from the purchase date until the date of the report. Discount or premium with respect to short-term securities (those with less than one year to maturity at time of issuance) is amortized on a straight line basis. Such discount or premium with respect to longer-term securities is amortized using the constant yield basis.
Asset-Backed Security: A financial instrument collateralized by an underlying pool of assets – usually ones that generate a cash flow from debt, such as loans, leases, credit card balances, and receivables.
Bankers’ Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the insurer.Commercial Paper: An unsecured obligation issued by a corporation or bank to finance its short-term credit needs, such as accounts receivable and inventory.Contribution to Total Return: The weight of each individual security multiplied by its return, then summed for each sector to determine how much each sector addedor subtracted from the overall portfolio performance.Effective Duration: A measure of the sensitivity of a security’s price to a change in interest rates, stated in years.Effective Yield: The total yield an investor receives in relation to the nominal yield or coupon of a bond. Effective yield takes into account the power of compoundingon investment returns, while nominal yield does not.FDIC: Federal Deposit Insurance Corporation. A federal agency that insures bank deposits to a specified amount.Interest Rate: Interest per year divided by principal amount and expressed as a percentage.Market Value: The value that would be received or paid for an investment in an orderly transaction between market participants at the measurement date.Maturity: The date upon which the principal or stated value of an investment becomes due and payable.Negotiable Certificates of Deposit: A CD with a very large denomination, usually $1 million or more, that can be traded in secondary markets.Par Value: The nominal dollar face amount of a security.Pass-through Security: A security representing pooled debt obligations that passes income from debtors to its shareholders. The most common type is themortgage-backed security. 26 323
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2024
Appendix
|
Glossary
Repurchase Agreements: A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.Settle Date: The date on which the transaction is settled and monies/securities are exchanged. If the settle date of the transaction (i.e., coupon payments andmaturity proceeds) occurs on a non-business day, the funds are exchanged on the next business day.Supranational: A multinational union or association in which member countries cede authority and sovereignty on at least some internal matters to the group, whosedecisions are binding on its members.Trade Date: The date on which the transaction occurred; however, the final consummation of the security transaction and payment has not yet taken place.Unsettled Trade: A trade which has been executed; however, the final consummation of the security transaction and payment has not yet taken place.U.S. Treasury: The department of the U.S. government that issues Treasury securities.Yield: The rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis.
YTM at Cost: The yield to maturity at cost is the expected rate of return based on the original cost, the annual interest receipts, maturity value, and the time periodfrom purchase date to maturity, stated as a percentage on an annualized basis.YTM at Market: The yield to maturity at market is the rate of return based on the current market value, the annual interest receipts, maturity value, and the timeperiod remaining until maturity, stated as a percentage on an annualized basis. 27 324
325
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: August 13, 2024
TO: Joshua McMurray, City Manager
FROM: Kim Snodgrass, Deputy City Clerk
SUBJECT: Appeal of Hearing Officers Decision Regarding 404 Malicoat Ave, Oakley, California (APN 033-350-009)
Background and Analysis
The Department of Cannabis Control provided the Oakley Police Department with a list of residences suspected of operating an illicit cannabis grow operation within the City of Oakley. One of those residences was 404 Malicoat Avenue, owned by Appellant.
Oakley PD conducted surveillance at the residence on 6-7 separate occasions between October 2023 to December 2023 and observed evidence of a grow house.
Oakley PD obtained a search warrant for PG&E records, and it revealed extremely high energy usage, consistent with a large-scale cannabis cultivation site. The PG&E account had an email address identical to Appellant. There were multiple mobile payments made to the account on (11/26/23 for $10,998, 11/15/23 for $2993.08 and 11/7/23 for $3094.96). The email address associated with the mobile payments was the same email address that was provided to Code Enforcement staff on December 27, 2023 by Appellant when requesting copies of notices be emailed to him. Numerous email exchanges with Code Enforcement staff have occurred to and from Appellant using this email address.
Through an open-source investigation performed by Oakley PD it showed that the email address belonged to Appellant.
On December 15, 2023, Oakley PD executed a search warrant at the property. Oakley PD counted a total of 1,075 marijuana plants both mature and immature at the property.
Although there were a total of 1,075 plants counted, Appellant was cited for 1,069 plants since Oakley Municipal Code section 9.1.1230 (c)(2) allows for up to 6 indoor plants per parcel.
On December 15, 2023, Code Enforcement and Building Department staff performed an inspection of the home and observed extensive Building Code and Health and Safety violations. Personnel from PG&E turned off power to the home and the property was red tagged by Code Enforcement as unfit for human occupancy due to unsafe electrical and building code violations related to cultivation of marijuana.
Approved and
Forwarded to the
City Council
326
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us There were two occupants inside the home when the search warrant was issued, one which was later identified by Appellant as being his tenant.
On December 19, 2023, a Notice of Violation (Attachment 1) was mailed to Appellant for failure to obtain a building permit prior to construction (electrical modifications, additional gas line, modifications to the HVAC system, shear wall and drywall modifications). Mold was also found in the home and the property was red tagged (Attachment 2).
On December 19, 2023 Administrative Citation AC 23-000989 for cultivation of marijuana (Attachment 3) and Administrative Citation AC-23-000990 for failure to obtain a building permit prior to construction (Attachment 4) were mailed to Appellant.
On December 21, 2023, the Building Department received a phone call from Appellant, who stated he heard from the tenant that the house was red tagged and he would read the notice and apply for a permit.
On December 27, 2023, Code Enforcement contacted Appellant who said he hadn’t received any notices and asked that they be emailed to him. All notices that were mailed to the property were emailed to Appellant at the email address provided as well as the rehabilitation requirements and mold accreditation requirements for the mold testing.
On January 12, 2024, a request for appeal of Administrative Citation AC-23-000989 was received (Attachment 5). Staff performed an initial review of the request for appeal of Administrative Citation and determined it was issued in accordance with the Oakley Municipal Code and a hearing would be scheduled upon deposit of the fine amount of $106,900.00 or approval of a hardship waiver.
On January 30, 2024, a hardship waiver was received timely and approved (Attachment 6).
On March 13, 2024, a Notice of Hearing (Attachment 7) was mailed to Appellant at both the property and his home address.
On April 16, 2024, the matter was heard before an administrative hearing officer. The decision (Attachment 8) held that the citation is sustained, the appeal is overruled, and the fine is approved.
327
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us On May 15, 2024, a request for appeal of the hearing officer’s decision was received timely (Attachment 9).
Consistency with the Oakley Strategic Plan 27+
This matter is consistent with the Oakley Strategic Plan 27+ Community Health and Safety Goal to have safe and healthy neighborhoods.
Fiscal Impact
Staff time has been utilized to inspect the property, reinspect, and to review and communicate with the property owner and representatives of the property owner regarding property violations. Administrative Citations referenced in this staff report total $106,900.00.
Staff Recommendation
Staff recommends that the City Council review the written record and any oral argument, affirm, or deny the hearing officer’s Decision, and announce its decision.
Attachments
1. December 19, 2023 Notice of Violation
2. Red Tag
3. December 19, 2023 Administrative Citation AC-23-000989
4. December 19, 2023 Administrative Citation AC-23-000990
5. January 12, 2024 Request for Appeal of Administrative Citation AC 23-000989
6. January 30, 2024 Request for Advance Deposit Hardship Waiver Citation AC 23-000989
7. March 13, 2024 Notice of Hearing
8. Hearing Officer’s Decision
9. Request for Appeal of Hearing Officer’s Decision
328
329
330
331
332
333
334
335
336
337
j OAKLEY
------
CALIFORNIA
ATTACHMENT � �
(t,l'th .-ct SI.Jll-1• i,.:1,,., l
RECEIVED
JAN 12-2024
Code ��Mslon
REQUEST FOR APPEAL OF AD1\-JINISTHA'J'IVE CITATION
Return this form fo:
Am•rllant/Cilce lnforrn11tio11
City of Oakley
Office of the City Cl<'rk
32lJ �bin Street
Onklry, CA 94561
Xing Bo Lei
City:---------'== State: - Zip Code:
Phone: (415 ) 608
E-mail:
Otadalat'ormatloll
C'dalioa Number.
6876 Fax: '�-�>-------
[email protected]
AC-23-000989 12-19-23 Date of Citation: _______ _ AmountofCilalion: $106,900.00 J reqaat u � or, t f frl�e dtalieD for a. rolhming 1US011 (dtttk at least one box):
:J l dCD)' that a violation Im occ:um:d.
ti6 I cbly that the citdima was DOI com:cted wi&llin the co.rroction period. � I deny dud I a·;a 1cspml5il,k persoo{os � lbrth in 'fitle I, Article l, Clt�rcr 5, s�ction J.S.202.i .. oftheOakk)t Municipal Code) !or' d.e violation.
DfftSSM'JPlease.� lklllllsk •y..-appeal, \'011 may attath as mul additioaal slteds as •• lrilly tt,prsf A--� Werea 11� on..ttr .. lllisdt.-
Signal■tt: _.!±.. •· l>at� _1_-1_1 __ _
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338
Dear City Code Enforcement Officers,
RECEIVED
JAN 12 2024
Code Enforce�{'� DMsJOl'I
City of U0f11ey
P-1y r1ame is Xing Bo Lei. I am t}le owner of.404 Malicoat Attached is the rental -agreement As the ownernandlord, I do not know lf the tenant was used for illegal .activities inside the house. I purchased :this home as an investment and I need to pay the mortgage every month. The fine would add so much burden on me. Especially, now I have to restate the house to its condition. I fol.ind out abQut this problem near the Christmas hoiidays. I have contacted the buJldlrig depa,t,nent cm how to get. this issue re.solve(!. I have been aotively ttylng to resolve thi_s !ssue and coordinate with the building department and law enforcement agency. Please accept my ap�I and .dismiss the fine.
Please let me know tf you have any questions.
)Qng Bo Lei
+1 (415) 608-687CS
339
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RECeva>
JAN 12 2024
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RESIDENTIAL
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H()l.lSE LEASE AGREEl\·IENT
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t di Pht•/11!: •11 'i-h(J'\,(1� 7(1
( I h� .. , illl11f,,1.J"1
AdJrc,s: 4ll-l Mali1:oa1 Aw.
Oakley, ('.11ifiimi:a
The Landlord and Ttnunls agtte 10 ubldr t,)· tht fl'rms sd oul In llli� .\grel'ml•nl. lbt' tl'rms of lhls Agrttml'at arc as foDotts:
1. T1u: 11ous•:
In consj�ralion or the rclll payment to be P3id by tenants artd oflhc other co\·,·n,mls and agrct>mcnls ll\.-rcin contaiucd, the Landlord rcnl!\ t(l Tenant,; the house 4 whole ho11s1.··).
l' T(J)3nb shaJI u� the- hot™:" only for n."Sidcnrial purpuscs. Tenlnt!. shall not U.'it: or alll,w the ui;c ohbc house in any wny that intcrf"-res with oth\'r neighboring ptopcrty. TcnanN sh:,11 nul tL� the hou�e t't>r an}' illegal or impr<1pcr u�e. Additionally. 1h.: T""Jlant� :.h,·dl compl)' \\ith ull /onin� Ordinaoc�. rro1cc1h� Cm·ctl3Jlls, and n .. ,-tt 1•1.'Sfriction,;. ,.. The Tenants ug�c thal the house shall Ix• :i nl,n-i.mokin� �n\'in.mm�nl. No ltntoking is nHowt.-d nnywllefc in ,� .. bl,u�•.
l
I
340
l
I
lhc frnJnh ,1gr.:-c 111,11 no p,c1, \,f :my kmd ,hall he ,tlhm ed in the h1.lth� t ,11lt11� lo ;thi,J..: hy thi, p.u.1g1,1ph "ill n:,ult 111 1mnll:di.1h' l'\'iLti1111 wilhou1 pt 1111 11t1l1(1.:' and 1111 kituFl' �.r.,11 p11:p,1iJ t\'111 amJ tlq11hth
2. PA\'MEN I SCHl:!'.Otl.l: .\7'ill DETAILS
I he Tcn:inl.'- agree 11,1 pay .t nmnlhl.y ral�• of 'I hn•r lhnu,.md ·1" o hundn·d Ooll:ln (�.'200.00 l 'SI))
Sh,llJli.J a lcnJnl\ p,l}lllCnt bl' I JJy l,1h:, lhl· J'cnanl .,hall he Ji.1hk l\l lh,� Landlord for� IOO CH'I} ,la�' .1, a pcnJhy.
u_ _ _Tcnants ncl.!J to pay ·1 hrt'l' ·1 hou\and ·1uo h1111d1·,·d Uoll1tr\ (S-'200.110 l1Sl)!Z.;;"'ccurity dt'posit. (Pay Date: 7-23-21 tandlvrd Si�n .. . c:::: l
3. 1.E�(.1'1101• AGall.;E:\'Jt:NT
o Thi,; Agreement shall begin ,\ugu�, I. 2021. and will remain in cffc\!t until ;\ugu'.'>I 1. 202-t
4. TF.i'\ANT RESPO�SIBIUTiES
• The Tenants agree to accept r"-spO.nsibility for the following:
• K��ping the house clean
• No ciamab'C to the property
• NO PET ALI.OWED INSIDE 1'I IE HOUSE
<• The Tenant'> shall comply with all obligations imposed upo,nenanls by ,wticublc pto\'isions ofbllilding, hous'ing. mainfaining the house in ,;ood condiiion during lhe cn1ire length oflhi:. agreement and shall neither caus� nor allo"· nny abuse of ihc focilila>s therein
.. , The Tenants shall inform the l:mdlurd-0f any condition th.st may c:iu.� drunagc tQ �he lmu�. lfthc house, or any ri-r• oi)hc i,uu�c. is pa1tiall) damaged hy fire or .other ,·m.ualty not .due 10 the negligence '"' walltul .tl.'1. onh� ll!tl,UllS t\f :in agent ,lfthc Ten:ints, 1hc- ho•i� will h\' ,inmcdiatdy f\.1)3trcd hr ti� l..amU,,..d iu1tl thcr� wm tk- an �\b:tt�mcill of ttnt etnt.-spq,.1ding with llll' hill(' JlUiH!! whii:h tire ill.)USC \\'3S �mtw:itahk Tcnant(is)
1 341
l
Up,1n the h,rm1na1i11n orc:,r1r.1titm of1h1s ,\gn-:rmcnl. !ht.' T,:n.1n1s sh;1II rt"1klivcr 1hc prflJ)Ct1)', arn�nitii:,. fomirurc. ;ipplianc:��- ,ind any 111h�r applit:ahlc J'ifk.'t'l'i uf the holl'i<:'. in a, goo•i n1n1Ji1io11 il-. 1he ,nrnmcn<·enwnl of rht.' a�1i:cm.:-n1 or as may tx� ru1 in duri11!! the agrt·c111c111. Rc;n,1>1mhlc wca, a11d tear from u�c and ,1h:�ok,rcnt:c to lh-: housc shall be a<.:t:\.'fll�. Fu1th1.•m1orc, th.:- LlllldloriJ retain� il l:1ndlorJ\ fi,m un all rcrl-on;il pr11rx:rt)' pl,Kctl uron 1f1l" prcrni,l'' 10 ,ccurc th�· p.1)mc111 of rent and any darn11gc, 10 1hc h,msc.
s. A rrLJA1"CES
·111� lwusc induifos the following appliance,; for the Tcn:�nts h) u,c:
\\.',1sht'1
� Dryer
.. , Slll\'C
., Rcfiigcraror
6. HOUSE ALTl-:RATIO�S
• T,monls shull rnak(.' no ahi:rn1ions, aJJi1io11s. or 1rnprnvcmcn1s 10 the house {including the :iprlkation of paints, Sl3irts, nails, or scr�ws to the w1>odwork, walls, lloors, or fumishings) wi1h1m1 first obtaining the CXf'lh!�s wnllcn cnn'icnl of the l:mdlon.l.
7. Jl\'SURANCE
• Tenant acknowledges that f.indlord's insurance docs not cover personal or personal propcny dumagc caused by fire, theft, rain, war, acts of God, acts of urhcrs, and/or any orhcr causes, nor shall l.antllord bc hdd liable for such los:.cs.
The tenant is hereby ndviscd to obtain his own insurnncc policy to cover any personal losses.
8. ENTR\' FOR REPAIRS OR SIIOW
• In addition to the rights provided by the laws applicahk to the Slate of California the Landlord shall have the right to enter the house ar nll reasonal>lc rimes for the' r,
342
....-- - .... -,.r..-.--. ........ - .. - - ·-
pUflXlS(' uf inspi.•tting the and N showing tht? same to prospc('tin· tenant� or pur('hascn;, und 10 11u1kc .such n:nwnabk repairs and alri:rntiom a.s may bt dccmC'd n('('t''iiSlll)· hy the Lanuh1rd for the prt�srl"\'lllion (1f1hc house or lhc building and to rcmo\ c any :1ltcratit)n<,, aJditi1Jn,, fixture:-. and ,my 01her ohjccl-. which may he aOixc-d or crc�tc.'d in\ iolation of the t�·nm i•f this agrermcnt. The l.,mdlord shall give rcason:1hk notice M inrcnt lo enter the house except in tit(· ra.<.;c of an rni�rgcncy
9. Qlllf:T f:;\'JU\'MtNT
• Thi!
Agreement
Tcna11h shall I>(• cntitk<l to qui(:t t•njoymt•nr of tit�· houst· for 1hr 1em1 of this coh�iiant�
provitkd tlwt the Ttnants pay f('nt in a timdy mannn and perform all and ohl igatinn..; under 1hi.� ap.tr<'m,•ru.
10. POSSESSIO;'\i AND SURRENDER OF TflE HOUSE • Al the c11.pirntion of the agreement house
tmn, 1t·nan1s sh.ill int111t·<lia1dy surren<lcr the lo lhc lamllord reusonabk wear
in the same condition U!, m 1hc �tart of the .icrccmcnt, wilh :l!IJ kar ckmcut� acrcptc<l Tlte tenants i.hall rct�1rn a rnmplctc:
any
set of
tenant
keys lo the lanJlord nnd pro,iJc in writing. the tenanr forwurdint address, i r remains in the hou�c uncr th\.' cxpintlion or 1t:m1ination of1hi� agreement without the landlord's \\TiUrn pcm1ission, po!-scssion the landlord may rcc11vcr of the house in the manner provided for by law.
11. ABANl>ONMENT
e Ab�mdonmenl
period
is ,ldincJ as the abscn.:c of the Tenants from the prci11iSC!> for a of seven (7) or mort· consecutive days while rent or uny owing monie!> remain unpaid - whereupon 'fcnants will be consiJercd in bread1 of this Agrccmem. If Tenants abandons l.luring the tcm1 of this Agrcl'men1. the Landlord may enter hy .u1y legal means, without bdng liable for such mtcring, um! withou1 hccoming li.tblc to th(' Tenants for <lmnagcs caused u11on entering. landlord may consider any personal property belonging ro tlw Tenants and left on the property to also have been ahmtdoncd, in which case rhc l .andlord may di�posc of all such personal property in any manner the Landlord deems proper without becoming liable to 1hc Tcnams for doing so. • The Landlord may at its option teoninntt' the Al,!,ICClllCnl, may rccciv� and collect nil rent payable by virtue of such re-letting. !lad this Agrcc1m:m contmuo::d m force, the LundlorJ may hold the Tl'nants liabk for any <lifl��c,11:�· between th l· rent tha1 would have been payable under this Agrl'Cmcnt dunng the balam·c of the unexpired tcnn and the 11ct rcnl for such period rt•alizcd by lhl' Landlord hy means of the re-letting.
12. LEGAL FEES
_ .
• If the Tenants is in hreach of this Agreement, and the Landlord lands 11 nc�·c:-sary to enforce thb Agreement, or colk\.·t rcmal 11r othl·t dalllagcs, thmu�h :m attonli:'} a-.. 343
(
-·-•- ·-- _,,_ .. -. -.1111.. -....r1:r� .,._.Ill - -- - --• - - - 01 in a 11.•gnt ac1ion, the Lamllonl shall he imkmnilkd h}' 1hc Ten.mis for any ri.>risonabk nllomcys' kcs and oul-of-poL·�ct 1.·0,1� which In ony way rclole tu, or wcrc prc<.·ipitatcd by. the breach of tins l\grci:mcnl h}' 1hc ·1 cnanls. 13 WAl\'f.�R
The L11mJIL1rJ's foiluw lo l'nlim:1.• or insist un l·umpliancl� wilh any provisions of this Agrccmcnl shall 1101 be deemed u wnivcr or u limitation nf lhc LimtllorJ's right to cnfhrl'c or in':iilit on compliance wi1h 1hc fln>\'isiuns of lhii. Agrc1.•mcn1.
14. HINDIN(, i♦:1:n�t.·1'
• Ext.'1.'(ll as ulhc,wi ... o provitkJ in I his Agrccmcnl, "" of the cov<.'nants, comfitions, anti pnwisions of this Atrccnicnl shall a1,ply to and bind lhe parlks and the heirs, 1,cnmnal r1.')lrcscntu1ivcs, surc1.•ssors, :md ai,sigm, of 1hc parties.
15. Ht:ADINGS
• H�udings arc inserted fol' the comcnicncc of the parties only :ind ,m.• 00110 be com,idcrcd when intcrprcling thi,; t\grccmcnl.
16. Al\1F.Nl>:\U:N'I' OF AGIU.:l�MF.NT
e Any nmcndmcnt or moJilication of 1his Agrc.-ement or additional obligation assumed by either party in connl-clion with this Agreement will only he binding if evidenced in writing und signed hy both parties.
17. ENTIRE AGREF.MENT
o l11is Agn.-cmcnl constitutes the entire ngrccmc.m between the parties nnd surc1'Sl-dci any rrior wriuen or oml ClWcnnnts or �presen1,1tio11s relating thcrc10 and not set forth hcn:in sl1all be binding on �ither pw1y hereto. This Agn.-cment may not be nmmdl-d, modified, "�tended, or �kmcnted cxcc11t by a wrillcn instrument executed hy the tandlorJ ond Tc113Jlts. The l.andlord has made no repn-sentalion o, warranty to Tenants except as herein expressly i.ct 1i.>rth.
18. SEVEKABILR\'
• Should any connicts arise between nny party of this Agreement and the applicable legislation oflhc Stale of California, tbc State bws and S.'111 Francisco l:lw will prevail and such pro11isi,ms oflhc Agr'-�mcnt will be mrtl--ndcd or deleted as neces..'i:11}' in order to comp!)' with the Stntc lau-s. Furdienuoo:, any rro,isions that are n.-quircd hy State taws ma)' be m�ucntly iacorporak.'11 into this Ag�'Cnll'111.
• Jn the event .my of the pm,-isi'.tllS uf thi:1- Ag��lll'--nl •c hdd to b\! i �w�lid (ll'
uncnfun.'Cabfo in whole or in 1aar1, those ,.,,,,as1«'D!) 101hc extent cnlor�cabk :md 344
• .\II oth,, pw, i,1011., '"II n"'''-'•lhck�� \.Urtli11t1l' tu bi: ,alu.l and cnfofl't'Jbk ..,._ 1h11ugli the 1n, ,1l11J or uncnforc(Jblc- p.u'I.., h ,d not h.:cn indutkd in 1h1, t\ j)J\'� llh'1ll
l<l (;0\'1-:R�P,t; LAW
• l11is J\1,11c-�ment 1'hJII he go,frn"·J and l'tlJhlllll'd in 01.:1:ordJni.:c- with th;: IJ\\,; of th"· Slrlh.' uf (.';-1fi li.iroia.
20. Annual Ral� lm:rt'mt'nl
,\'-'lOnJi11g to rental law ,ll 1hr City ,tml ( nunty 11f 0.1J..l.-y, then· will he a Sp('cilit i11oe111e11t annu.111} al the ll:f\l,ll 1,11\' ,1,; "fl\.'l'rlicd b} the gowmmc111 B\' Sl(iNING BELOW Tf:NA�T(S) llf.lU;0\' A< 'hi:NOWl,EDGl�(S) Rl-:Al>l�G ,\:\() l!NllERSTANDING Tiff ·rt RMS ()lo' nns AGRl::f:i\11:Nl. ---------------------------- I.
Tl'nant ( P1int) D.ile
7-2.l-2021
'------------- -----·-·
3. ______;::7-21-2021 __;; ____ --· ··--
lcnant ·(Print) Signature
4. lemml (Print) Signature Date
---------------- ------ --· -------~ ---·--
5. T'emu:it cPrint)
tandhud {Print)
XingBoLei
Sil,?D:llurc
Signature
7-:!3-2021
_.._..,.. ______ ,.. __ _
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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: August 13, 2024
TO: City Council
FROM: Joshua McMurray, City Manager
Paul Beard, Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement between the City of Oakley and the Liberty Union High School District for School Resource Officer Services
Background and Summary
The City and the Liberty Union High School District (LUHSD) have been under agreement since 2000 to provide a School Resources Officer (SRO) to serve Freedom High School. The current agreement has been expired since June 2020, although SRO services have continued without interruption since that time. The City and LUHSD wish to extend the agreement for an additional three years.
Analysis
The term of the agreement is set for three years, from July 1, 2024, to June 30, 2027. The agreement does make the effective date retroactive to July 1st of this year.
The primary purpose of the SRO program is to encourage desirable behavior, ensure a safe environment, and foster communication between students, parents, school staff, and police officers.
Organizationally, the SRO will report to a police department supervisor and work closely with LUHSD administrators and staff, adhering to relevant policies and laws.
The SRO will work in uniform during school hours, with schedules conforming to the school day whenever possible. Adjustments for school activities require approval, and overtime for extracurricular events will be compensated by LUHSD. The cost of the SRO program will be shared between the City of Oakley and LUHSD, with the District paying the City $71,308 in FY 24/25, $73,447 in FY 25/26, and $75,651 in FY 26/27. Payments will be made in quarterly installments and prorated from the start date of the SRO's assignment. The payments made constitute a 50% split of the base salary of a School Resource Officer, which is consistent with prior agreements and the separate agreement the City has with the Oakley Union Elementary School District.
The agreement includes indemnification and insurance clauses, with both parties agreeing to hold each other harmless from claims and liabilities and maintaining specified insurance coverage. LUHSD will designate an official to ensure compliance Approved and
Forwarded to the
City Council
357
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US with the agreement, and the Chief of Police or a designee will administer the agreement on behalf of the City.
The LUHSD will consider this agreement at their August 14th Board Meeting.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Collaborative Partnerships Goal of the Oakley Strategic Plan 27+.
Fiscal Impact
The cost of the SRO program will be shared between the City of Oakley and LUHSD, with the District reimbursing the City according to the specified financial terms. The financial impact is outlined in the agreement's payment schedule.
Staff Recommendation
It is recommended that the City Council approve the proposed agreement between the City of Oakley and the Liberty Union High School District for School Resource Officer services and authorize the City Manager to execute the agreement on behalf of the City.
Attachments
1. Resolution
2. Proposed Agreement between the City of Oakley and the Liberty Union High School District for School Resource Officer Services
Exhibit A. Responsibilities of the City
358
Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
OAKLEY AND THE LIBERTY UNION HIGH SCHOOL DISTRICT FOR SCHOOL
RESOURCE OFFICER SERVICES
BE IT RESOLVED by the City Council of the City of Oakley that the City Manager is hereby authorized and directed to sign on behalf of the City an Agreement between the City of Oakley and the Liberty Union High School District for School Resource Officer Services.
PASSED AND ADOPTED by the City Council of the City of Oakley this 13th day of August, 2024 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
__________________
Anissa Williams, Mayor
ATTEST:
____________________ ______ _____
Libby Vreonis, City Clerk Date
359
1 AGREEMENT FOR SERVICES BETWEEN
THE CITY OF OAKLEY AND
THE LIBERTY UNION HIGH SCHOOL DISTRICT
FOR SCHOOL RESOURCE OFFICER SERVICES
AGREEMENT FOR SERVICES
This Agreement is entered into on this 1st of July, 2024, by and between the City of Oakley, a municipal corporation (hereinafter referred to as Oakley), and the Liberty Union High School District (hereinafter referred to as LUHSD) for the delivery of School Resources Officer (hereinafter referred to as SRO) services.
WITNESS
WHEREAS, Oakley, desires to contract with LUHSD to provide an SRO at Freedom High School, as defined below and in the Scope of Services, attached hereto as "Exhibit A," and incorporated by reference.•
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
TERM:
The term of this Agreement shall be for three (3) years from July 1, 2024 (hereinafter "Commencement Date") through and including June 30, 2027.
The School Resource Officer Program that is currently in place within the LUHSD schools, offer excellent educational, safety and crime prevention programs that benefit the students and employees of LUHSD, as well as serving the citizens of Oakley.
Currently, Oakley provides one SRO to serve Freedom High School and students. In addition, the SRO provides oversight for the enrichment programs and mentoring opportunities for Freedom High School students. Funding for the position has been a collaborative effort between the District and the City.
DEFINITION:
The SRO program allocates one full-time police officer from Oakley. The SRO shall serve as a liaison between the Police Department and the LUHSD for the welfare and common good of LUHSD students, LUHSD employees and each community at large. 360
2 PURPOSE:
To create and encourage, through every useful means, desirable behavior on the part of the youth and of this community; to promote and instill a safe environment in and around Freedom High School; to exchange wholesome communications and ideas between students, parents, LUHSD employees and police officers, with crime prevention, good citizenship, and healthy relationships being the ultimate results.
ORGANIZATION:
The SRO will report to the appropriate Police Department supervisor to whom he/she is assigned. Working with individual LUHSD schools, the SRO is expected to cooperate with school officials, including LUHSD administrators, and other LUHSD staff members. The SRO is to be knowledgeable in laws that apply to a safe school environment. The SRO is to abide by LUHSD policies and respond to the needs expressed by LUHSD school officials; however, in the event of a conflict between a LUHSD school and/or LUHSD policy, the City and or the Department's policy shall supersede the LUHSD school policy.
The SRO shall at all times remain an employee of his/her respective City, and shall not be considered an employee of LUHSD. LUHSD and the City acknowledge that the SRO shall remain responsive to the chain 9f command of the Oakley Police Department.
DUTY HOURS:
The SRO will normally work in uniform, including safety equipment designated for use by sworn personnel pursuant to the Department's policies, practices, and existing employment labor agreements.
SRO duty hours shall be determined by the provisions of the labor agreement between the Oakley Police Department and the bargaining unit representing the SRO, with input from the LUHSD. Whenever possible, it is the intent of the PARTIES that the SRO's duty hours shall conform to the school day.
LUHSD shall be advised of each respective SRO's standard work schedule, in writing, prior to the start of the school year. The SRO may adjust his/her work schedule, with approval from his/her Police Department supervisor, in order ,to accommodate school activities and requests. The Oakley Department shall, in accordance with Police Departmental needs, policies, practices and existing MOU, make every effort to schedule the SRO on those days school is in session and during special school activities.
It is understood and agreed that time spent by the SRO attending municipal court, juvenile court, and/or criminal cases arising from and/or out of their employment as an SRO shall be considered as hours worked under this Agreement. In the event any school requires an SRO to attend any extracurricular activities, such as but not limited 361
3 to, sports events and evening meetings, where the SRO cannot adjust their regular schedule, LUHSD agrees to pay for the Officer's overtime costs.
Overtime must be approved in advance by the SRO's Department supervisor when work schedule adjustments are not practical. The Oakley Police Department shall make its best effort to ensure the SRO provides services to the LUHSD schools except when he or she is on paid leave or otherwise absent.
The SRO is expected to be available by telephone when off campus during working hours. When school is not in session, such as holidays, summer vacations, and seasonal breaks, the SRO will report to his/her Department supervisor for further assignment.
Pursuant to Department protocols, the SRO is required to notify his/her supervisor of any absence and should also notify a designated LUHSD representative whenever possible. Otherwise, the SRO supervisor or Watch Commander will notify LUHSD when the SRO is absent from work. Except for unforeseen circumstances, elective time off for the SRO should be utilized when school is not in session. Elective time off scheduled during the school year shall be backfilled by each respective Department utilizing on duty patrol personnel, at no additional cost to the LUHSD. Such coverage will provided from regular patrol officers, not a dedicated presence.
When school is in session, the SRO will generally be assigned to the school and will not normally be available for general patrol duties, except in and around the Freedom High School campus or in conjunction with preliminary and follow-up investigations that occur on or near the Freedom High School campus. The SRO should only be utilized outside of the schools in the event of an in-progress emergency, or as determined by the City's Chief of Police.
If the Freedom High School principal believes that an incident is a violation of the law, the principal may contact the SRO who shall then determine whether law enforcement action is appropriate. This discretion is based on scope of service agreed upon by the City of Oakley and LUHSD. The SRO is not to be used for regularly assigned lunchroom duties, bus duty, hall monitors, or other moniforing duties. The SRO is also not to be used as crossing guards or for continuing vehicle traffic control. However, if there is a temporary problem, the SRO may assist the school until the problem is solved.
PROGRAM COSTS:
Under this MOU, the LUHSD agrees to pay the City of Oakley the following for the term of this contract:
FY 24/25 - $71,308
FY 25/26 - $73,447
FY 26/27 - $75,651
The City of Oakley will invoice LUHSD quarterly each year for the term of the contract. At the conclusion of FY 2026-2027 the PARTIES will consider further multiyear Agreements for this position. The cost of the program to the District will be negotiated for future years no later than 60 days prior to the conclusion of this 362
4 contract. Each of the PARTIES understand that each PARTY'S funding priorities may require the reduction or elimination of the School Resource Officer program, and either PARTY may terminate this agreement without any further obligation upon sixty (60) days written notice.
INDEMNIFICATION AND INSURANCE:
Each PARTY agrees to indemnify, defend and hold harmless the other PARTY, their respective elected and appointed officials, officers, agents, and employees, from and against any and all claims, losses, actions, damages, expenses or liabilities, including reasonable acts or omissions. Each PARTY assumes worker's compensation liability for injury or death of its elected and appointed officials, officers, agents, and employees, and assumes no worker's compensation responsibility for the elected and appointed officials, officers, agents and employees of the other PARTY.
Each PARTY shall maintain in force at all times during the performance of this Agreement a policy of insurance covering all of its operations (including public liability and property damage coverage but not including contingent malpractice), naming the other party as an additional insured, with not less than $1,000,000.00 single limit liability and motor vehicle insurance, covering all motor vehicles (whether or not owned) used in providing services under the Agreement with a combined single limit of not less than $1,000,000.00. Notice in writing shall be given at least thirty (30) days in advance of cancellation thereof.
Insurance shall be through an organization authorized by law to transact insurance business in the State of California. Each of the PARTIES agree that each PARTY may self-insure against any loss or damage, which could be covered by a comprehensive general public liability insurance policy, and may also obtain coverage through an insurance pool.
Policies shall also be endorsed to provide such insurance as primary insurance and, that no insurance of an additional insured shall be called on to contribute to a loss covered by insurance. Any insurance required of either PARTY to this Agreement may be provided by a plan of self-insurance and/or a public entity risk-sharing agreement at the option of the PARTY.
CONTRACT SUPERVISION:
The LUHSD shall designate an official authorized and assigned to represent the interest of the LUHSD and to ensure that the terms and conditions of this Agreement are carried out. That official will be identified to each of the Chief of Police upon execution of this Agreement. The Chief of Police or his/her designee shall administer this Agreement on behalf of each City.
363
5 PROCEDURES AND LUHSD POLICY REGARDING SRO PROGRAM
All PARTIES will follow the procedures outlined in the "SRO Scope of Services," herein by reference as Exhibit A.
SECTION 504 COMPLIANCE:
Section 504 of the Federal Rehabilitation Act of 1973, as amended, requires that all benefits, aids and services are made available to handicapped persons on an equivalent basis with those received by non-handicapped persons. Each PARTY shall agree to be in compliance with Section 504 requirements.
NOTICE:
In addition to all other notices provided for herein, each PARTY shall give the other notice of any policy, resolution, or regulation changes contemplated by it relating to any matters affecting performance and/or functions under the terms and conditions of the Agreement. All notices herein provided to be given, or which may be given, by either party to the other, shall be in writing and be given by personal service or by United States mail postage prepaid, certified mail return receipt requested, and addressed as follows:
City of Oakley
Attn: City Manager
3231 Main Street
Oakley, CA 94561
Liberty Union High School District
Attn: Superintendent
20 Oak Street
Brentwood, California 94513
364
NONDISCRIMINATION CLAUSE:
During the performance of this Agreement, neither PARTY shall unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. All PARTIES and their subcontractors, if any, shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. All PARTIES shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment Housing Commission implementing Government Code Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part of as if set forth in full. City and the District shall also abide by the Federal Civil Right Act of 1964 (42 U.S.C. Section 1981 et seq.) and all amendments thereto, and all administrative rules and regulations issued pursuant to said Act. Each PARTY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
AMENDMENT:
This Agreement may only be modified or amended by the written Agreement of the Parties.
ASSIGNMENT:
This Agreement may not be assigned or transferred by any of the PARTIES without the express written consent of the other PARTIES.
ATTORNEY'S FEES AND COURT VENUE
Should any PARTY to the Agreement bring legal action against the other (formal judicial proceeding, mediation, or arbitration), the case shall be handled in Contra Costa County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator, or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
NO THIRD PARTY BENEFICIARY:
This Agreement, including but not limited to, the indemnification provisions, is for the benefit of the PARTIES only and does not create, nor is it intended to create, any benefit or liability to third parties.
8 L_
365
AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT:
This document represents the entire and integrated Agreement between the PARTIES and supersedes all prior negotiations, representations and agreements either written or oral.
GOVERNING LAW:
This Agreement shall be governed by the laws of the State of California.
SEVERABILITY:
If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the PARTIES hereto, by and through their respective duly authorized representatives, have executed this Agreement on the date first hereinabove written.
_______________________________________
Joshua McMurray
City Manager
City of Oakley
_______________________________________
Denise Rugani
Superintendent
Liberty Union High School District
9 366
Exhibit A
Responsibilities of the City
A. Assign one (1) School Resource Officer to the Liberty Union High School District to perform law enforcement services under the supervision and direction of the City's Chief of Police. The time allocations of the School Resource Officers will be modified on a dayto-day basis based on emergency situations, sick leave, court appearances, required training days and such other special requirements of the City.
B. For the SRO program to be successful, the law enforcement agency head and the superintendent of the school district must understand and fully support the SRO program, including an understanding of the standards and best practices that are common for SRO programs. The purpose of a successful SRO program is to “bridge the gap” between law enforcement and youth.
C. Make available to each School Resource Officer appropriate equipment and training as would normally be afforded a peace officer working for City.
D. The SRO will be the police department liaison to the District and will collaborate with school administrators, faculty, students and parents to identify problems, united strategies, resolve issues, and take law enforcement action as necessary. 367
Business Name Primary Contact Email Address Primary Address Phone # Full Primary Address Active Licenses
ANITA PEREDA LEADERSHIP
COACHING
(415) 902-1002 4520 ORCHARD OAKS CT
OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
CHERYL BRINKMAN [email protected] (925) 876-1411 5685 MAIN ST OAKLEY CA 94561
BUSINESS LICENSE
CLEAR CONTRACTING INC [email protected] (925) 813-8409 45 THYME CT OAKLEY CA 94561-4614
HOME BASED BUSINESS LICENSE
COMMUNICATION ACROSS BARRIERS
SPEECH CLINICS, INC.
[email protected] (925) 672-9440 4700 MAIN ST
STE A
OAKLEY CA 94561-3711
BUSINESS LICENSE
DELTA RV RENTALS [email protected] (510) 673-1112 930 WEIBEL CIR OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
LIBERTY PROFESSIONAL WINDOW
CLEANING
(925) 808-9429 1771 ISLETON CT
OAKLEY CA 94561-2609
HOME BASED BUSINESS LICENSE
LUXE RENEWAL WELLNESS &
AESTHETICS
[email protected] (925) 492-4243 3460 MAIN ST STE 110
OAKLEY CA 94561
BUSINESS LICENSE
MCALLISTER CO (925) 351-9106 2827 VINE HILL RD
OAKLEY CA 94561-1737
HOME BASED BUSINESS LICENSE
MECH-MASTER MOBILE AUTO REPAIR (415) 316-9783 14 LEILA CT OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
MRE MOBILE FLEET WASH (925) 597-2996 1581 GAMAY CIR
OAKLEY CA 94561-1988
HOME BASED BUSINESS LICENSE
OAKLEY BUSINESS CONSULTING [email protected] (925) 491-5746 4670 MAIN ST OAKLEY CA 94561-3700
HOME BASED BUSINESS LICENSE
RAWMIX JUICE BAR [email protected] (925) 626-8398 3350 MAIN ST #100B
OAKLEY CA 94561
BUSINESS LICENSE
RENCE BEAUTY AND FASHION [email protected] (916) 912-8979 426 AVANTI WAY OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
SENTA LLC (585) 905-1696 11 PASTORAL CT
OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
TAXSPACE ACCOUNTING [email protected] (415) 316-7917 133 LEPRINO CIR OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
THE FAMILY ROOM LEARNING CO LLC [email protected] (510) 691-6118 3059 FRANDOARS CIR OAKLEY CA 94561
HOME BASED BUSINESS LICENSE
16 368
MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Date: July 31, 2024
To: Joshua McMurray, City Manager
From: Ken Strelo, Community Development Director
CC: Conrad Fromme, Chief Building Official
Subject: Status of Carol Lane Apartments Related to Building Permits and Code Enforcement Cases
The purpose of this memo is to provide a snapshot of Building Permit and Code Enforcement Case activity at the Carol Lane Apartments. The apartments, located at the west end of Carol Lane are sometimes casually referred to as “The Oaks,” “The Commons,” “The Commons at Oak Grove,” “CBH,” or “Community for Better Housing,” amongst other titles. This memo relates to all apartment buildings located within this apartment complex consisting of family and senior apartments, regardless of the specific ownership, management entity, or marketed name.
Building Permits
This summary goes back to the beginning of year 2023 and includes information current as of July 31, 2024.
Year 2023
• One (1) building permit was finaled in year 2023 (6/14/2023). This permit was for 53 Carol Lane (family apartments), Unit 133. The permit was related to repairs to water damage caused by exterior water intrusion. Repairs were done to stucco, sheetrock, and insulation.
Year 2024
• There are currently no finaled building permits and one (1) open building permit for year 2024.
• The one (1) open building permit is for 81 Carol Lane. It was issued on July 26, 2024 and is for water damage repair consisting of replacing a 6” strip of sheet rock. The repair will take place in the second-floor hallway. To date, no inspections have been completed.
In addition to the above permits, there are circumstances that could result in pending building permits, which are future building permits expected to be submitted due to open code enforcement cases as further described below.
Code Enforcement Cases
Code Enforcement and Building Staff have been involved in many inspections of the apartments over the last several years. With the increase in calls from residents there has also been an increase in Staff time devoted to addressing those calls. 369
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Currently, the City has six (6) open cases for five (5) of the apartment buildings.
Table 1 provide a summary of the case number, address, dates of notice issuance, due date, status, and update as of a July 30, 2024 onsite inspection.
Table 1. Code Enforcement Case Summary
Case/Building/Unit Notice
Issuance
Due
Date
Status 7/30/24 Inspection
Update
CE 24-0993 - 69
Carol Ln Unit # 101
7/11/24 7/21/24 Overdue;
Second
notice
Tenants are being
relocated; mold testing will
take place when they have
moved out of unit.
CE 24-0786 - 67
Carol Ln 1st Floor
Electrical room and
Water Intrusion
Damage to Unit #275
5/28/24 6/17/24 Overdue;
Second
notice
Owner stated they will pull
drywall permits. Staff
awaiting permit submittal.
CE 24-0168 - 51
Carol Ln Unit #313
2/1/24
6/28/24
7/18/24 Overdue;
Eligible for
citation
ACAC* mold test required.
If negative, drywall repair
may not require a permit
CE 23-0287 – 67
Carol Ln Unit #177
6/28/24 7/21/24 Overdue;
Second
notice
Build back permit; rebidding process with
insurance for coverage of
repairs.
CE 23-0993 - 53
Carol Ln Unit #106
9/21/24
1/29/24
6/28/24
7/18/24 Overdue;
Eligible for
citation
ACAC mold test accepted,
elevated mold levels. Staff
awaiting permit submittal.
CE 22-0017 - 65
Carol Ln 4TH Floor
East Side window
6/28/24 7/18/24 Overdue;
Second
notice
Owner stated they will open
up wall and send photos
then schedule and
inspection to determine if
water damage is significant
or is just a stucco repair.
* ACAC: The American Council for Accredited Certification. Related to mold inspection reports.
In addition to the Case Summary in Table 1, the Code Enforcement Division has three (3) pending complaints:
• 67 Carol Lane, Unit #271 – Water in light fixture suspected from unit above caused by a broken bathtub. Bathtub has been repaired. Owner to conduct maintenance on light fixture and replace if necessary.
370
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US • 69 Carol Lane, Unit #207 – Kitchen sink not working. Tenant states they are using the bathtub/bathroom sink to do dishes. Tenant also claims lighting is broken. Occupant reported a slow draining sink. Owner requesting 24-hour entry notice to conduct inspection and determine level of maintenance/repair required.
• 67 Carol Lane, Unit #469 – Mold in unoccupied unit. Staff to set up time to inspect.
Building and Code Enforcement Staff have been involved in ongoing cases not only related to potential building permits, but also owner/tenant maintenance disputes.
When receiving complaints and conducting inspections, Staff takes in information to determine if the issue is related to a building code violation, health and safety concern, or is a matter of owner/tenant dispute over routine maintenance and repair items. In any case, Staff errors on the side of caution in the interest of the tenant in order to make sure no building code violations or health and safety issues are overlooked. In addition to receiving complaints, opening cases, and conducting inspections, Code Enforcement Staff offers additional resources and contacts that tenants may choose to use to further assist them in resolving owner/tenant disputes 371
Introduction to
Affordable Housing
372
DEVELOPER & MANAGING PARTNER
Founded in 1995, Corporation for Better Housing (CBH) is a 501 (c )(3) nonprofit organization with a mission to develop safe, quality affordable housing for low-income-to-moderate income families and individuals.
CBH has 87 developments and over 6,000 units in California, spanning from Ukiah in the north to Temecula in the south.
Regardless of the location of the development, CBH remains dedicated to its residents, the public, and the communities it serves. Our experience developing and managing multifamily housing, has made us a respected leader in the affordable housing industry, with repeat business earned due to the way we build deliver quality housing to many communities.
373
MANAGEMENT
AGENT
374
LOW INCOME
HOUSING TAX
CREDITS
HOW THE PROGRAM WORKS
375
LOW-INCOME HOUSING TAX CREDITS
• The Low Income Housing Tax Credit (LIHTC) program was created in 1986 and is the largest source of new affordable housing in the United States. There are about 2,000,000 tax credit units today and this number continues to grow by an estimated 100,000 annually. The program is administered by the Internal Revenue Service (IRS).
• The LIHTC program does not provide housing subsidies. Instead, the program provides tax incentives, written into the Internal Revenue Code, to encourage developers to create affordable housing. These tax credits are provided to each State based on population and are distributed to the State’s designated tax credit allocating agency. In turn, these agencies distribute the tax credits based on the State’s affordable housing needs with broad outlines of program requirements from the federal government. This is done through the Qualified Allocation Plan (QAP) process. Tax credits are then sold to investors and the money received is then placed as equity in the development, there is no ongoing revenue source received from the tax credits.
On their own, tax credit subsidies provide a moderate level of affordability through rent restrictions. However, many units or tenancies are subsidized through additional sources of federal or state funding, which allow for deeper affordability to lower-income families. One of these additional funding sources are housing Housing Bonds and HOME funds. I will explain Housing Bonds shortly.
A HISTORY OF THE LIHTC PROGRAM
376
STATUTORY
AND
REGULATORY
AUTHORITY
AND
GUIDANCE
• 26 U.S.C.A. § 42 (Section 42 of the Internal Revenue
Code)
• 26 C.F.R. § 1.42 (Treasury regulations)
• IRS Revenue Rulings; IRS Decisions
• Each State Agency’s Qualified Allocation Plan,
Regulations and Compliance Manual.
377
How the LIHTC program works
§ A fixed amount of tax credits are allocated by the IRS to each state-based population. • State housing agencies allocate the credits to developers based on a state designed application process and pursuant to the goals laid out in the Qualified Action Plan (QAP).
• Two types of tax credits are available: 9%, very competitive, and 4%, which is often combined with state bond financing, also competitive. • The developers who have been awarded the credits sell the credits to investors. This creates cash equity which provides a significant portion of the funds the developers need to develop affordable housing. A 9% tax credit raises about 70% of the cost of a development and a 4% credit raises about 30% of the cost of a development.
• The developers build the housing and agree to rent the housing at an affordable rent that is usually below market. This is called a USE RESTRICTION.
Developers have a choice of two use restrictions:
o >20% of the units occupied by tenants @ <50% AMI, or
o >40% of units occupied by tenants @ <60% AMI
o AMI= the Area Median Income
o Some States require or give preference to projects with even deeper set-asides to lower income. • For properties developed between 1986 and 1989, the use restrictions last only 15 years. Post-1989 developments have at least 30-year use restrictions and some states require up to 55 years.
• The tax credits awarded to the Developer are part of the financing package of the specific development. The tax credits help by reducing the financed permanent debt, so the debt of the development is less. Without the tax credits the property could not support itself. 378
Please take a moment to follow the arrows to understand how a Tax Credit property funds itself.
Something to note; there is no additional government funding coming in after conception. The tax credits are sold to help cover only a portion of the construction costs and there is still a mortgage note on the property from a lender that provides funds for the remainder of the developments building expenses. The only income source for the property is tenant rent. The rent generated must fund all the property’s expenses and cover the mortgage note. CBH chooses to provide affordable housing to benefit the local community with reduced rental rates with the secondary goal of all properties maintaining their finances in a solvent manner. 379
THE USE OF HOUSING BONDS IN THE DEVELOPMENT OF AFFORDABLE HOUSING Overview - CalHFA’s Affordable Housing Bond Program provides for-profit and nonprofit developers access to tax-exempt bonds to finance lowincome multifamily and senior housing projects. A qualified developer can finance a project at a lower interest rate than available through conventional financing because the interest paid to bondholders is exempt from federal income tax. In addition, the use of tax-exempt bonds also facilitates eligibility for the federal government’s 4% Low Income Housing Tax Credit Program.
Eligible Entities - Developers who agree to set aside a portion of a financed project’s units for low or very low-income tenants are eligible for taxexempt financing. A minimum of 20% of the units must be set aside for individuals earning no more than 50% of the area median income. Alternatively, developers have the option of providing 40% of the units to individuals at or below 60% of the area median income.
Additional Requirements - Many affordable housing project financing requests are subject to availability and an award of volume cap allocation from the state in which the proposed project is located. CalHFA will assist potential borrowers in this effort when necessary.
Issuing authority is from CalHFA. CalHFA is empowered to promote economic, cultural and community development opportunities through the issuance of tax-exempt and taxable bonds throughout California. CalHFA was established to provide a means to efficiently and reliably finance projects in California. CalHA’s mission is to provide eligible entities access to low-cost, tax-exempt and other financing for projects that contribute to social and economic growth and improve the overall quality of life in communities throughout the state. CalHFA uses no public subsidies or tax dollars to facilitate its operations.
380
TAX EXEMPT BONDS POST ISSUANCE COMPLIANCE
Overview
Upon the issuance of bonds, the issuer and borrower have a significant number of post-issuance obligations with regard to monitoring a bond issue for compliance with federal tax rules in order to maintain the taxexempt status on the bonds. California Public Finance Authority takes proactive steps to ensure that all borrowers that issue tax-exempt bonds are aware of and comply with the post-issuance obligations required under the federal tax rules.
A few examples of the many post-issuance compliance obligations include:
• Tracking the proceeds of a tax-exempt bond issuance to ensure that they are used for qualified purposes.
• Keeping detailed records of all expenditures and investments related to bond funds. • Ensuring the project financed is used in a manner consistent with the legal requirements. • Providing annual required disclosure information regarding the project’s financial and operating status.
IRS Recommended Actions:
It is essential that borrowers develop and maintain a robust post-issuance compliance program to track their compliance with all applicable requirements. The Internal Revenue Service (“IRS”) recommends that material tax records be retained for the life of a bond issue, plus three years. Borrowers that have effective post-issuance tax compliance programs in place are more likely to be able to successfully respond to any possible IRS inquiry. In addition, borrowers with an established program will be well positioned to effectively judge the possible benefits of future refunding opportunities. Compliance responsibilities last, at minimum, for the length of the bond term.
CalHFA Compliance Solutions
Affordable housing financings arguably present the most complex post-issuance compliance requirements of any type of tax-exempt bond financing. Multi-family rental properties financed with tax-exempt bonds must meet low-income set-asides and comply with other requirements for decades after the bonds are issued, and even temporary non-compliance can place the tax-exempt status of the bonds in jeopardy.
Through an agreement with Compliance Services, California Public Finance Authority and its borrowers are well positioned to respond to the increased scrutiny of affordable housing financings.
State-of-the-art compliance monitoring procedures and software allow continuous monitoring of rental properties and ensure that potential problems are identified early and resolved quickly.
Monitoring procedures offered through compliance Services include:
• Quarterly analysis of the income and rent calculations to ensure compliance with federal and state legal requirements
• Quarterly analysis and filing of Certificates of Continuing Program Compliance • Review, acceptance and electronic filing of all compliance reports • Electronic filing and access to recorded regulatory agreement for property • Updates and maintenance to compliance software, compliance status, report history and files accessible through web-based software on a real time basis • Site visits, file audits and physical property reviews at the time the property is placed in service and at least once every three years after the placed in-service date, more frequently where problems arise
• Prompt notification to property owners of exception findings • Automated updates of the annual HUD income and rent level changes • Automated management reports
CalPFA understands the challenge of ensuring tenant income and rent compliance required to maintain the tax-exempt bond and tax credit eligibility. To assist affordable housing borrowers, CalHFA provides access to HCS Housing Compliance Software suite to ensure tenant eligibility and streamline the ongoing reporting requirements associated with multifamily housing regulatory compliance. 381
THE OAKS COMMUNITIES
• Placed In Service Dates
• Partnership Structures
• Annual Review of Rental Rates
• Current Rental Rates
• Occupancy
• Application Process
• Monitoring
• Initial Income certification & Annual Recertification 382
THESE ARE PLACED IN SERVICE
DATES FOR EACH PROPERTY AT
THE OAKS COMPLEX.
EACH PROPERTY HAS ITS OWN APN
NUMBER, INVESTORS AND SYNDICATE
AND IS WHOLLY INDEPENDENT OF THE
OTHER.
CORPORATION FOR BETTER HOUSING
IS THE NONPROFIT AND REMAINS THE
1% MANAGING PARTNER OF ALL THE
PROPERTIES AT THE OAKS.
WINN RESIDENTIAL IS THE PROPERTY
MANAGEMENT COMPANY THAT
OVERSEES DAILY OPERATIONS AT THE
SITE.
2008
The Commons at
Oak Grove
(Family & Senior
55+)
2008
Oak Grove
Senior
Apartments
(Senior 55+ )
2008
Oak Place Senior
Apartments
(Senior 55+ )
2011
Oak Forest
Senior Villas
(Senior 55+)
2012
Oak Meadow
(Family)
2014
Oak Ridge Family
(Family)
2019
Oak Creek
Family (Family)
The Oaks
383
The Commons at Oak Grove
384
Oak Place
385
Oak Grove
386
Oak Forrest
387
Oak Meadows
388
Oak Ridge
389
Oak Creek
390
391
INCOME LIMITS &
• Annually, HUD publishes median income information for each county or Metropolitan Statistical Area (MSA) in each state. HUD MSAs are larger metropolitan areas that may
include multiple counties in one “area”.
• U.S. Department of Housing and Urban Development
(HUD) publishes the Income Limits applicable to lowincome housing funded with Low Income Housing Tax Credits (LIHTC) and projects financed with tax-exempt
housing bonds, both are referred to by HUD as Multifamily Tax Subsidy Projects (MTSPs). TCAC utilizes the information published by HUD to calculate maximum rents and income
limits for California LIHTC projects. The 2024 limits went into effect June of 2024.
RENTAL RATES
Annual review of rental rates
392
LIHTC rents are not based on a tenant’s income. Instead, rent is set by the use restriction tied to the unit and regulated by HUD, IRS and CATCAC. This means that if there is a significant increase or decrease to the family’s income there will be no change made to the rental rate due to the household’s income fluctuation. LIHTC rents are calculated to include a utility allowance for tenant-paid utilities. The gross tax credit rent less the utility allowance equals the net tax credit rent that the resident would be charged.
LIHTC allowable rental rates are set at 30% of the income of the AMI (Area Median Income)tied to the unit. This is calculated with an assumed family size of
1.5 persons per bedroom. Many state allocating agencies publish rents for different income categories online. Annually CATCAC publishes the income limits and allowable rents for the year. Here is an example of a simple rent calculation:
Marcus and Sally qualified for a tax credit property and moved into a 1-bedroom apartment targeted for 50% AMI. The AMI is $68,300 for a 1-person household and $78,000 for a 2-person household. This AMI rent rate does not change within the set aside. A household can earn less than this annually and a 50% set aside rental rate will still be calculated based off the AMI not the household's actual income:
The tax credit program assumes a 1.5 person bedroom size. To calculate the income of “1.5 people” the owner will average the AMI of a one-person household ($68,300) with the AMI of a two person household ($78,000). The average equals $73,150. Marcus and Sally are in a unit targeted to families that make 50% of the AMI, so divide $73,150 in half which is $36,575.
Rent is set at 30% of the AMI tied to the unit and 30% of $36,575 is $10,972.50 (annually).
To calculate the monthly rent, divide this number by 12 which equals $914.37. The rent is $914.37, this the rate Marcus & Sally will pay for a 50% AMI unit.
If a family’s income increases after they move in, the family is not disqualified from staying in the unit-even if the increase is above the unit’s income requirements. In buildings that have a mix of tax credits units and other types of units (such as units that are market rate), the owner must follow the “next available unit rule.” This means that if a tenant in a LIHTC unit’s income increases to more than 140% of the AMI, the next available unit must be rented to someone within the appropriate income level for admission (usually 50-60% of the AMI). However, the tenant with the increased income is still eligible to remain in his/her unit.
Establishing the new rental rates
393
2024 Current Rental Rates
Slides 16 thru 23 are the current Affordable Housing Income Restrictions and Maximum Rental Rate Guidelines published by HUD in 2024 394
2024 HUD UTILITY ALLOWANCE CALCULATIONS
60% $1,752 $78 $1,674 LIHTC-AMI 43 $2,103 $111 $1,992 LIHTC-AMI 36 Total 62 Exempt 2
Total 56
Max Rent U/A Net Program Total Units
50% $2,024 $142 $1,882 LIHTC-AMI 27
60% $2,429 $142 $2,287 LIHTC-AMI 62
Exempt 1
Total 90
Resident
Pays
Utility
Types
1 Bed 2 Bed 3 Bed
Yes Electric $26 $34 $41
Yes Electric $11 $16 $21
Yes Electric $35 $52 $69
Yes Electric $6 $9 $11
No N/A - - -
No N/A - - -
No N/A - - -
No N/A - - -
Range / Microwave No N/A - -
No N/A - - -
No N/A - - -
$78 $111 $142
Water Heating
Water
Maximum Allowable Rent Limits
3 Bedroom
Utility
Heating
Cooking
Other Electric
Air Conditioning
Utility Allowance Breakdown
Sewer
Trash
Other
Total
Refrigerator Provided
Revised 5/28/2024
Total 30
Max Rent U/A Net Program Total Units
50% $2,024 $12 $2,012 LIHTC 2
60% $2,429 $12 $2,417 LIHTC 16
Total 18
Resident
Pays
Utility
Types
1 Bed 2 Bed 3 Bed
No N/A - - -
Yes Electric - - -
Yes Electric - - -
No N/A - - -
No N/A - - -
No N/A - - -
No N/A - - -
Yes Electric - - -
No N/A - - -
No N/A - - -
$11 $11 $12
Maximum Allowable Rent Limits
Refrigerator Provided
Other
Total
3 Bedroom
Water Heating
Water
Trash
Sewer
Cooking
Utility
Heating
Air Conditioning
Other Electric
Utility Allowance Breakdown
Buildings: 53, 59, 65, 67, 69, 73, 81 Buildings: 51, 49 – Solar Buildings 395
THE COMMONS AT OAK GROVE
53 CAROL LANE - FAMILY
59 CAROL LANE - SENIORS
• Placed-In-Service: 7/1/2008
• One Multi-Family building & One 55+ Senior building
• 208 Units
• RDA Senior 55+: 54 units restricted - 46 - 1 bdrms, 8 - 2bdrms • Family: 154 -16 - 1 bdrms, 49 - 2 bdrms, 90 - 3bdrms
• Low Income Housing Tax Credits (LIHTC)
• AHP- 42 Homeless
• BOND – 84
• Four regulatory agreements plus additional lending agreements exist for the two buildings. Agencies involved audit the property multiple times within a 12-month cycle.
Property Name: The Commons at Oak Grove (Building 53 and 59) Rent and Income Matrix Effective Date: 6/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
Utility Allowance Implementation Date:
Utility Allowance Agency Sources: Contra Costa Housing Authority Applicable County: Contra Costa, CA TCAC# CA-2006-910
List of all Applicable Programs LIHTC: 64 - 50% 141 - 60% Place in Service: 7/1/2008 AHP - 42 Homeless
RDA 53: Senior 55+ (46 - 1 bdrm; 7 - 2bdrm)
Family: 153 (16 - 1 bdrm; 47 - 2 bdrm; 83 - 3bdrm)
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 LIHTC 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units LIHTC 50% $1,460 $78 $1,382 LIHTC-AMI 19 $1,752 $111 $1,641 LIHTC-AMI 18 LIHTC 60% $1,752 $78 $1,674 LIHTC-AMI 43 $2,103 $111 $1,992 LIHTC-AMI 36 Total 62 Exempt 2
Total 56
Max Rent U/A Net Program Total Units
LIHTC 50% $2,024 $142 $1,882 LIHTC-AMI 27
LIHTC 60% $2,429 $142 $2,287 LIHTC-AMI 62
Exempt 1
Total 90
Resident
Pays
Utility
Types
1 Bed 2 Bed 3 Bed
Yes Electric $26 $34 $41
Yes Electric $11 $16 $21
Yes Electric $35 $52 $69
Yes Electric $6 $9 $11
No N/A - - -
Rent and Income Matrix
Income Limits per Household Size
3/1/2024 Effective - 6/1/2024 Implementated
140 % of 60% AMI
Maximum Allowable Rent Limits
1 Bedroom 2 Bedroom
Water Heating
Maximum Allowable Rent Limits
3 Bedroom
Utility
Heating
Cooking
Other Electric
Air Conditioning
Utility Allowance Breakdown
396
OAK PLACE SENIOR
APARTMENTS
65 CAROL LANE
• Placed-In-Service: 8/29/08
• 55+ Senior
• 54 Units
• Low Income Housing Tax Credit (LIHTC)
• Affordable Housing Program (AHP)
• Two regulatory agreements plus additional
lending agreements exist for this building. All of
the agencies involved in these agreements audit
the property. Audits take place multiple times
within a 12-month cycle.
Property Name: Oak Place Senior Apartments (Building 65) ‐ 3092 Rent and Income Matrix Effective Date: 6/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
Utility Allowance Implementation Date: 3/1/2024 Effective ‐ 6/1/2024 Implemented Utility Allowance Agency Sources: Contra Costa Housing Authority Ages 55+ Applicable County: TCAC # CA‐2007‐068
Placed in Service: 8/29/2008
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 30% $32,700 $37,380 $42,060 $46,710 $50,460 $54,210 $57,930 $61,680 LIHTC 45% $49,050 $56,070 $63,090 $70,065 $75,690 $81,315 $86,895 $92,520 LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 LIHTC 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units LIHTC 30% $876 $78 $798 LIHTC 5 $1,051 $111 $940 LIHTC 1 LIHTC 45% $1,314 $78 $1,236 LIHTC 7 $1,577 $111 $1,466 LIHTC 1 LIHTC 50% $1,460 $78 $1,382 LIHTC 23 $1,752 $111 $1,641 LIHTC 4 LIHTC 60% $1,752 $78 $1,674 LIHTC 11 $2,103 $111 $1,992 LIHTC 1 Total 46 Exempt 1
Total 8
Resident
Pays
Utility
Types
1 Bed 2 Bed
Yes Electric $26 $34
Yes Electric $11 $16
Yes Electric $35 $52
Yes Electric $6 $9
No N/A ‐‐
Rent and Income Matrix
Contra Costa
1 Bedroom 2 Bedroom
Air Conditioning
Water Heating
Utility
Heating
Cooking
Other Electric
Utility Allowance Breakdown
List of all Applicable Programs: LIHTC AHP
Income Limits per Household Size
140 % of 60% AMI
Maximum Allowable Rent Limits
397
OAK GROVE SENIOR
APARTMENTS
67 CAROL LANE
• Placed- in- Service: 7/1/08
• 55+ Senior
• 54 Units
• Low Income Housing Tax Credit (LIHTC)
• Affordable Housing Program (AHP)
• Two regulatory agreements plus additional
lending agreements exist for this building.
All agencies involved audit the property.
These Audits take place multiple times
within a 12-month cycle.
Property Name: Oak Grove Senior Apartments (Building 67) ‐ 3130 Rent and Income Matrix Effective Date: 6/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
Utility Allowance Implementation Date 3/1/2024 Effective ‐ 6/1/2024 Implemented Utility Allowance Agency Sources: Contra Costa Housing Authority Ages 55+ Applicable County: TCAC # CA‐2007‐185
Placed in Service: 9/30/2008
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 30% $32,700 $37,380 $42,060 $46,710 $50,460 $54,210 $57,930 $61,680 LIHTC 45% $49,050 $56,070 $63,090 $70,065 $75,690 $81,315 $86,895 $92,520 LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 LIHTC 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units LIHTC 30% $876 $78 $798 LIHTC 5 $1,051 $111 $940 LIHTC 1 LIHTC 45% $1,314 $78 $1,236 LIHTC 7 $1,577 $111 $1,466 LIHTC 1 LIHTC 50% $1,460 $78 $1,382 LIHTC 23 $1,752 $111 $1,641 LIHTC 4 LIHTC 60% $1,752 $78 $1,674 LIHTC 11 $2,103 $111 $1,992 LIHTC 1 Total 46 Exempt 1
Total 8
Resident
Pays
Utility
Types
1 Bed 2 Bed
Yes Electric $26 $34
Yes Electric $11 $16
Yes Electric $35 $52
Yes Electric $6 $9
No N/A ‐‐
No N/A ‐‐
NN/A
Income Limits per Household Size
140 % of 60% AMI
Maximum Allowable Rent Limits
1 Bedroom 2 Bedroom
Air Conditioning
Water Heating
Water
S
Utility
Heating
Cooking
Other Electric
Utility Allowance Breakdown
Rent and Income Matrix
Contra Costa
List of all Applicable Programs: LIHTC AHP
398
OAK FOREST SENIOR VILLAS
81 CAROL LANE
• Placed-In-Service: 2/1/2011
• 55+ Senior
• 44 Units
• Low Income Housing Tax Credit (LIHTC)
• Affordable Housing Program (AHP)
• Two regulatory agreements plus additional
lending agreements exist for this development.
Agencies involved can audit multiple times within
a 12-month cycle.
Property Name: Oak Forest Senior Apartments (Building 81) ‐ 3090 Rent and Income Matrix Effective Date: 6/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
Utility Allowance Implementation Date: 3/1/2024 Effective ‐ 6/1/2024 Implemented Utility Allowance Agency Sources: Contra Costa Housing Authority Ages 55+ Applicable County: Contra Costa TCAC # CA‐2009‐209
LIHTC AHP Placed in Service: 2/1/2011
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 30% $32,700 $37,380 $42,060 $46,710 $50,460 $54,210 $57,930 $61,680 LIHTC 45% $49,050 $56,070 $63,090 $70,065 $75,690 $81,315 $86,895 $92,520 LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 LIHTC 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units LIHTC 30% $876 $78 $798 LIHTC 4 $1,051 $111 $940 LIHTC 1 LIHTC 45% $1,314 $78 $1,236 LIHTC 6 $1,577 $111 $1,466 LIHTC 1 LIHTC 50% $1,460 $78 $1,382 LIHTC 21 $1,752 $111 $1,641 LIHTC 1 LIHTC 60% $1,752 $78 $1,674 LIHTC 9 $2,103 $111 $1,992 LIHTC 0 Total 40 Exempt 1
Total 4
Resident
Pays
Utility
Types
1 Bed 2 Bed
Yes Electric $26 $34
Yes Electric $11 $16
Yes Electric $35 $52
Yes Electric $6 $9
No N/A ‐‐
No N/A ‐‐
No N/A ‐‐
NN/A
Utility Allowance Breakdown
Rent and Income Matrix
List of all Applicable Programs:
1 Bedroom 2 Bedroom
Income Limits per Household Size
140 % of 60% AMI
Maximum Allowable Rent Limits
Utility
Heating
Cooking
Other Electric
Air Conditioning
Water Heating
Water
Sewer
Th
399
OAK MEADOWS FAMILY
69 CAROL LANE
• Placed-In-Service: 2/01/2011
• Multi-Family
• 44 Units
• Low Income Housing Tax Credit (LIHTC)
• Affordable Housing Program (AHP)
• Two regulatory agreements plus additional lending
agreements exist for this building. Agencies
involved audit multiple times within a 12-month
cycle.
Property Name: Oak Meadows (Building 69) ‐ 3091
Rent and Income Matrix Effective Date: 6/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
Utility Allowance Implementation Date: 3/1/2024 Effective ‐ 6/1/2024 Implemented Utility Allowance Agency Sources: Contra Costa Housing Authority Applicable County: Contra Costa, CA TCAC # CA‐2011‐137
Place in Service: 2/01/2011
List of all Applicable Programs LIHTC AHP
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 30% $32,700 $37,380 $42,060 $46,710 $50,460 $54,210 $57,930 $61,680 LIHTC 45% $49,050 $56,070 $63,090 $70,065 $75,690 $81,315 $86,895 $92,520 LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units LIHTC 30% $876 $78 $798 LIHTC‐AMI 1 $1,051 $111 $940 LIHTC‐AMI 2 LIHTC 45% $1,314 $78 $1,236 LIHTC‐AMI 3 $1,577 $111 $1,466 LIHTC‐AMI 4 LIHTC 50% $1,460 $78 $1,382 LIHTC‐AMI 5 $1,752 $111 $1,641 LIHTC‐AMI 7 LIHTC 60% $1,752 $78 $1,674 LIHTC‐AMI 3 $2,103 $111 $1,992 LIHTC‐AMI 3 Total 12 Total 16
Max Rent U/A Net Program Total Units
LIHTC 30% $1,214 $142 $1,072 LIHTC‐AMI 2
LIHTC 45% $1,821 $142 $1,679 LIHTC‐AMI 4
LIHTC 50% $2,024 $142 $1,882 LIHTC‐AMI 6
LIHTC 60% $2,429 $142 $2,287 LIHTC‐AMI 3
Exempt 1
Total 16
Resident
Pays
Utility
Types 1 Bed 2 Bed 3 Bed
Yes Electric $26 $34 $41
Yes Electric $11 $16 $21
Yes Electric $35 $52 $69
Yes Electric $6 $9 $11
No N/A ‐‐‐
No N/A
Water
3 Bedroom
Utility
Heating
Cooking
Other Electric
Air Conditioning
Maximum Allowable Rent Limits
1 Bedroom 2 Bedroom
Water Heating
Utility Allowance Breakdown
Maximum Allowable Rent Limits
Rent and Income Matrix
Income Limits per Household Size
140 % of 60% AMI
400
OAK RIDGE FAMILY
73 CAROL LANE
• Placed-In-Service: 7/29/14
• Multi-Family
• 30 Units
• Low Income Housing Tax Credit (LIHTC)
• BONDS
• HOME FUNDS
• Three regulatory agreements plus additional
lending agreements exist for this building.
Agencies involved audit the property multiple
times within a 12-month cycle.
Property Name: Oak Ridge Family (Building 73) - 3093
Rent and Income Matrix Effective Date: 6/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
HOME Income and Rent Effective Date: 6/1/2024
Utility Allowance Implementation Date: 3/1/2024 Effective - 6/1/2024 Implemented Utility Allowance Agency Sources: Contra Costa Housing Authority Applicable County: Contra Costa, CA TCAC # CA-2013-835
Place in Service: 7/29/2014
List of all Applicable Programs LIHTC BOND
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 30% $32,700 $37,380 $42,060 $46,710 $50,460 $54,210 $57,930 $61,680 LIHTC 45% $49,050 $56,070 $63,090 $70,065 $75,690 $81,315 $86,895 $92,520 LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 LIHTC 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units LIHTC 30% $1,051 $111 $940 LIHTC 1
LIHTC 45% $1,577 $111 $1,466 LIHTC 1
LIHTC 50% $1,460 $78 $1,382 LIHTC 3 $1,752 $111 $1,641 LIHTC 4 LIHTC 60% $1,752 $78 $1,674 LIHTC 5 $2,103 $111 $1,992 LIHTC 4 HOME Extremly Low 30% $876 $78 $798 HOME $1,051 $111 $940 HOME HOME Very Low 50% $1,460 $78 $1,382 HOME $1,752 $111 $1,641 HOME Total 8 Total 10
Max Rent U/A Net Program Total Units
LIHTC 30% $1,214 $142 $1,072 LIHTC 2
LIHTC 45% $1,821 $142 $1,679 LIHTC 2
LIHTC 50% $2,024 $142 $1,882 LIHTC 5
LIHTC 60% $2,429 $142 $2,287 LIHTC 2
HOME Extremly Low 30% $1,214 $142 $1,072 HOME
HOME Very Low 50% $2,024 $142 $1,882 HOME
Exempt 1
Total 12
Resident
Pays
Utility
Types
1 Bed 2 Bed 3 Bed
Yes Electric $26 $34 $41
Yes Electric $11 $16 $21
Yes Electric $35 $52 $69
Yes Electric $6 $9 $11
No N/A - - -
Maximum Allowable Rent Limits
140 % of 60% AMI
Maximum Allowable Rent Limits
1 Bedroom 2 Bedroom
Water Heating
3 Bedroom
Utility
Heating
Cooking
Other Electric
Air Conditioning
Utility Allowance Breakdown
Rent and Income Matrix
Income Limits per Household Size
HOME - Floating - 3 @ Extremely Low / 8 @ Very Low
401
OAK CREEK FAMILY
APARTMENTS
49 CAROL LANE &
51 CAROL LANE
• Placed-In-Service: 3/2019
• Multi-Family, two buildings
• 75 Units
• Low Income Housing Tax Credit (LIHTC)
• BOND
• HUD Risk Share Loan
• Two regulatory agreements plus additional lending
agreements exist for this development. Agencies
involved audit multiple times within a 12-month
cycle.
Property Name: Oak Creek Family Apartments - 3131
4/1/2024
LIHTC Income and Rent Effective Date: 4/1/2024
Utility Allowance Implementation Date: CUAC Effective 9/1/2023 - 8/31/2024 Utility Allowance Agency Sources:
Applicable County:
Placed in Service: 2/28/2019
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person LIHTC 50% $54,500 $62,300 $70,100 $77,850 $84,100 $90,350 $96,550 $102,800 LIHTC 60% $65,400 $74,760 $84,120 $93,420 $100,920 $108,420 $115,860 $123,360 140% $91,560 $104,664 $117,768 $130,788 $141,288 $151,788 $162,204 $172,704 Max Rent U/A Net Program Total Units Max Rent U/A Net Program Total Units 50% $1,460 $11 $1,449 LIHTC 3 $1,752 $11 $1,741 LIHTC 3 60% $1,752 $11 $1,741 LIHTC 27 $2,103 $11 $2,092 LIHTC 23 Total 30 Exempt 1
Total 27
Max Rent U/A Net Program Total Units
50% $2,024 $12 $2,012 LIHTC 2
60% $2,429 $12 $2,417 LIHTC 16
Total 18
Resident
Pays
Utility
Types
1 Bed 2 Bed 3 Bed
No N/A - - -
Yes Electric - - -
YElti
Maximum Allowable Rent Limits
Income Limits per Household Size
140 % of 60% AMI
Maximum Allowable Rent Limits
1 Bedroom 2 Bedroom
3 Bedroom
Utility
Heating
Air Conditioning
OthElti
Utility Allowance Breakdown
Rent and Income Matrix
Contra Costa
CUAC
List of all Applicable Programs: LIHTC BOND
Rent and Income Matrix Effective Date:
402
MONITORING INSPECTIONS
403
MONITORING AGENCY, AUDITS &
INSPECTIONS
The Oaks communities have nine monitoring agencies auditing the adherence to the regulatory agreements, fiscal operations & solvency and the physical conditions of the building and units. Audits are conducted randomly throughout the year and consist of in-person site inspections, apartment inspections, file audits, multiple types of financial audits, multiple types of records audits, multiple types of tax audits and audits of social service programs.
Additionally, there are elevator inspections, county fire systems inspections, insurance safety inspections to identify potential hazard liabilities, county housing benefit unit inspections, and investor asset evaluation inspections.
The Oaks community, as a whole, undergoes extensive auditing and inspections throughout each year. Sometimes, the number can exceed 30, not including Section 8 HAP inspections. It takes time from the staff to accompany the auditors or inspectors and prepare for the visits. An experienced team of people at the site, regional and corporate level work to ensure compliance for all of these audits. Failure or failure without correction at any of these audits is not permitted and results in recapture and/or fines and/or imposition of other penalties. 404
TCAC MONITORING AGENCY
TCAC responsibilities are to audit the owner’s records which include - the tenant files for income eligibility, verifying that the correct rents are being charged for the units as determined by the Regulatory Agreement on the property, and to make sure the units are safe, sanitary and in good repair.
TCAC does not have any monitoring authority over the day-to-day operations of the property (including rent increases that stay under the max rent limits) or of the Resident Selection Plan (RSP) that is used by the owner/management company to determine the eligibility of the households that are applying to the property, other than the requirement that all sources of income and/or potential income must be counted to determine income eligibility.
TCAC also does not mediate in evictions other than to require that all eviction notices given to tenants state a reason in writing as to why the household is being given the notice.
The TCAC Good Cause Eviction Lease Rider does state that there must be “good cause” to evict a household. However, the determination of whether the reason for the eviction is good cause or not is left to court of law and a judge to determine the outcome. TCAC has no influence or input into the decision made by a judge.
TCAC does monitor the financial performance of each asset to ensure compliance with the financial portion of each regulatory agreement. We are required to keep the property operating at a specific minimum level of solvency to insure long term viability. 405
EXAMPLE OF CLOSE OUT LETTERS FROM RECENT
PHYSICAL INSPECTION
406
INITIAL CERTIFICATION PROCESS
AT MOVE IN
407
APPLICATION PROCESS
Applying for a LIHTC rental unit
• To qualify for a rental home, applicants must fall within the unit’s income limits. This is usually 50% or 60% of the AMI (Area Median Income). In addition, LIHTC owners cannot discriminate against voucher families and must accept Section 8 voucher tenants. Unlike the HUD housing programs, there are no immigration restrictions for admission to LIHTC properties. However, a restriction may apply if the property receives funding from a source outside of the LIHTC program. LIHTC properties must comply with the Fair Housing Act and cannot deny admission based on membership in a protected class.
• Applicants must provide extensive income and financial documents to ensure they fall within the income requirements during the initial certification.
• WinnResidential has set additional resident selection criteria specifically for The Oaks. WinnResidential has also hired a 3rd party to determine credit eligibility and perform background checks. We will explain these things in later slides.
* For additional tenant selection criteria,
please refer to the guidelines in the WINN
welcome packet.
408
What does TCAC require at Initial Certification – The next 2 slides explain (The initial certification takes place at move in to ensure tenants are not over or under the income guidelines) File organization:
To maintain compliance, owner/agents must practice good organizational skills. Neat and consistent files also help file audits to go smoothly.
The following documents are required for all initial certification files.
Alternate forms may be used with the prior written approval of Winn Compliance.
NOTE: The owner/agent may also require their own documents in addition to these:
“TENANT INCOME CERTIFICATION” (TIC).
- Current Real Page Winn version or approved alternate (TCAC March 2020). “TENANT INCOME CERTIFICATION QUESTIONAIRE” (TICQ).
“LIHTC PROGRAM STUDENT STATUS AFFIDAVIT.”
- Third party verification of student status from an educational institution (when applicable). - Student Financial Aid verification form (when applicable) - For initial certification and at each annual certification. “RECURRING GIFTS AFFIDAVIT” (if applicable)
“CERTIFICATION OF ZERO INCOME” (if applicable)
“CHILD / ALIMONY SUPPORT SELF AFFIDAVIT” (if applicable) “CHILD / ALIMONY SUPPORT VERIFICATON” (if applicable)
“SEPERATED OR ESTRANGED STATUS AFFIDAVIT” (if applicable) Worksheet for income & expenses or calculation tapes.
- To demonstrate how annual income was calculated.
Verification of income prepared by a 3rd-party, including but not limited to:
- Employment, Wages, Salaries, Commission, Tips, Unemployment, Child Support, TDI, FIP, Pension, Workman’s Comp, Veterans Benefits, Social Security, SSI, SSDI, Self-employment, etc.… The documents needed
for applications
409
“CERTIFICATION OF ASSETS LESS THAN $5,000”
- If total cash value does not exceed $5,000
OR
Verification of assets or statements.
- If the total cash value exceeds $5,000.
Clarification notes (as applicable).
Rental application (time & date stamped when received) Permanent information, must remain with IC package. - Must have application/certification questionnaire for in-place tenants.
Lease Agreement & Winn’s “LIHTC LEASE ADDENDUM.”
- Original and all subsequent leases.
Unit Inspection documentation.
- For move-in and annually thereafter.
Release of information consents.
- For each household member age 18 and older.
EPAs Lead Hazard Information Pamphlet and Disclosure form. Permanent information must remain with the IC package. - If building built prior to 1978 (acknowledgment of receipt of the pamphlet is acceptable). – N/A for The Oaks Race and Ethnicity Self-Certification. Permanent information must remain with the IC package. - Appropriate Field on TIC must be populated. NOTE: Applicant has the right to decline or not disclose. 410
ANNUAL RE-CERTIFICATION
PROCESS
411
What does TCAC require at Annual Re-certification – The next 3 slides explain (The Re-certification takes place every year after move in to ensure the tenants income does not exceed 140% AMI) The following are documents required for all annual certification files in non-100% LIHTC projects or who have other regulatory requirements. Alternate forms may be used with the prior written approval of Winn Compliance .
NOTE: The owner/agent may also require their own documents in addition to these:
“TENANT INCOME CERTIFICATION” (TIC).
- Current Real Page Winn version or approved alternate (TCAC March 2020). “TENANT INCOME CERTIFICATION QUESTIONAIRE” (TICQ).
“LIHTC PROGRAM STUDENT STATUS AFFIDAVIT.”
- Third party verification of student status from an educational institution (when applicable). - Student Financial Aid verification form (when applicable) - For initial certification and at each annual certification. “RECURRING GIFTS AFFIDAVIT” (if applicable)
“CERTIFICATION OF ZERO INCOME” (if applicable)
“CHILD / ALIMONY SUPPORT SELF AFFIDAVIT” (if applicable) “CHILD / ALIMONY SUPPORT VERIFICATON” (if applicable)
“SEPERATED OR ESTRANGED STATUS AFFIDAVIT” (if applicable) Worksheet for income & expenses or calculation tapes.
- To demonstrate how annual income was calculated.
Verification of income prepared by a 3rd-party, including but not limited to:
- Employment, Wages, Salaries, Commission, Tips, Unemployment, Child Support, TDI, FIP, Pension, Workman’s Comp, Veterans Benefits, Social Security, SSI, SSDI, Self-employment, etc.… 412
q“CERTIFICATION OF ASSETS LESS THAN $5,000”
- If total cash value does not exceed $5,000
OR
Verification of assets or statements.
- If the total cash value exceeds $5,000.
Clarification notes (as applicable).
Lease Agreement & Winn’s “LIHTC LEASE ADDENDUM.”
- Original and all subsequent leases.
Unit Inspection documentation.
- For move-in and annually thereafter.
Release of information consents.
- For each household member age 18 and older.
Annual Recertifications (For properties where short certs are allowable)
3. The following documents are required for all annual certification files when a project is 100% LIHTC and an abbreviated annual certification has been authorized by Winn, Investors and other regulatory requirements. Alternate forms may be used with the prior written approval of Winn Compliance. NOTE: The owner/agent may also require their own documents in addition to these:
“TENANT INCOME Certification” (TIC)
- Current Winn version or an approved alternative.
“LIHTC PROGRAM STUDENT STATUS AFFIDAVIT.”
- Third party verification of student status from an educational institution (when applicable).
Self-affidavit of annual income (including income from assets) Clarification notes (as applicable)
Lease Agreement & Winn’s “LIHTC LEASE ADDENDUM.”
Unit Inspection documentation.
- For move-in and annually thereafter.
Release of information consents.
- For each household member age 18 and older. 413
FAIR HOUSING
414
FAIR HOUSING PROTECTIONS
• The federal fair housing act prohibits discrimination in housing on the basis of:
Race or Color Religion
Sex/Gender Gender - identity / expression
Sexual Orientation Marital Status
Military or Veteran Status Age
Medical - Condition/History/Leave Disability - Metal or Physical National Origin Genetic Information
Family care leave Ancestry
Source of income
Familial Status/Pregnancy/Childbirth/Breastfeeding/Pregnancy disability Arrests that didn’t end in a conviction. Anything indicating that the renter was questioned, taken into custody, detain, or investigated by law enforcement. Any infractions or petty charges. Any information regarding a referral to or involvement in a “pre-trial or post-trial diversion program or a deferred entry of judgment program” (unless the tenant provides it willingly). Any convictions that are sealed, expunged, dismissed, or not legally operative (unless the tenant offers this information).
• Under the fair housing act, the following activities are illegal if based on one of the protected attributes:
Refuse to rent housing Refuse to negotiate for housing
Provide different housing services / facilities Make housing unavailable Set different terms, conditions, or privileges for rental Falsely deny that housing is available for inspection, sale, rental For profit, persuade owners to sell or rent (blockbusting) Deny access to or membership in a facility / service related to the rental of housing.
Refuse to make reasonable accommodations in rules or services if necessary for a disabled person to use housing. Refuse to allow a disabled person to make reasonable accommodations to their dwelling.
Threaten or interfere with anyone making a fair housing complaint.
Refuse to provide municipal services, property insurance or hazard insurance for dwellings or providing such services or insurance differently.
415
GRIEVANCE PROCEDURES
• LIHTC properties are not required to provide a grievance or appeals procedure when a tenant has a dispute with the property owner or manager. However, some state allocating agencies have implemented a due process requirement. A particular project could also create a right to a grievance procedure by including it in the regulatory agreement. • Grievance procedures are in place and posted it in the lobby of the leasing office so that residents openly have access to this information.
When Disputes Arise
416
GRIEVANCE PROCESS & PROCEDURES
417
GRIEVANCE POLICY AND PROCEDURE
WinnResidential, the Management Agent, and the Owner, Corporation for Better Housing, wants this community to be a pleasant place to live for all residents. If you have a concern about the property, its management, or how your needs can be better met, please follow these steps:
1st CONTACT: Your on-site Winn team member(s) should always be your first contact when you have a concern that requires assistance.
Please reach out to the on-site office staff.
69 Carol Lane, Oakley, CA 94561. Phone: (925) 625-1300
2nd CONTACT: In the event you feel that your problem still has not been resolved, The manager should be able to handle the majority of your questions or concerns.
Regional Manager, Kattie Aguirre/Winn Residential
2499 W Shaw Ave, Suite 103 Fresno, Ca 93711 Phone: (559) 559-489-9946 / [email protected] 3rd CONTACT: If you have followed the above steps and still feel that your problem has not been handled satisfactorily, you may want to discuss the issue with upper-level management. Contact to the corporate office will be routed to the person best suited to address your needs.
Corporate Office
One Washington Mall, Suite 500, Boston, MA 02108. Phone: (617) 239-4596 / [email protected] https://www.winncompanies.com/contact
EXAMPLE OF CURRENT PROCEDURE:
418
RESIDENT SERVICES
419
RESIDENT SERVICES AT THE OAKS
ENRICHMENT & EMPOWERMENT
Our robust Resident Services program supports our residents with a goal to uplift and elevate the lives of those who want to work towards making a better life for themselves thru participation in the programing.
We offer residents services and resources in the following areas:
• Physical wellness education classes and health screening referral services on site. • Mental health referral outreach and education.
• A robust after school program for school age children with tutoring hosted on site. • Financial education classes that teach budget prioritizing and saving to create housing stability and credit recovery. • Community involvement and social activity event outlets. • GED, citizenship and language classes, computer classes, homeownership preparation education, legal advice & education thru partnerships with local social service providers, assistance with higher education enrollment thru local colleges. • Employment counseling and job skills training thru partnerships with local career centers. • Weekly food distribution programs thru partnerships with local food banks and charities to promote food security. 420
Q: WHAT ARE
RESIDENT
SERVICES?
A: RESIDENT
SERVICES ARE
SOME OF THE
WONDERFUL
BENEFITS OF
LIVING AT THE
OAKS AND
BELIVE IT OR
NOT ITS FREE!
• People who find a home with The Oaks may at times struggle with some of life’s toughest challenges - Job loss, after school childcare barriers, health concerns, financial illiteracy or social isolation are an example of some of the barriers that may be present in the lives of residents.
• We recognize that people often need more than a home to live a stable life, which is why, in addition to housing, we provide a robust Resident Services Program to address needs and to enrich & empower our residents.
• Winn Residential and Connected Communities has a rigorous monitoring and evaluation plan that assesses the impact of our programming. Using a variety of tools such as surveys, resident assessments, as well as community-level data. We use this information to continually improve and refine our
programs.
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422
HOURS SERVED ANNUAL TOTALS
ENRICHMENT & EMPOWERMENT
2023 Annual Totals: 1,619 hours of resident services programing provided throughout the year. 92 hours of adult education and skill building classes. 24 hours of wellness and community building events.
537 hours of youth programing.
42 hours of one-on-one social services counseling.
852 hours of service time consisting of office administration, marketing, as well as service to the community. 72 hours approximately of unlisted additional health and wellness services and social events programs, tax preparation, annual medical renewal counseling, fraud prevention, food bank services as well as guest visits from local social service organizations that come to provide health or wellness group activities, counseling and support services at the site are in addition to these hour counts. These events are added throughout the year and average to about 4 hours per month.
423
ENRICHMENT & EMPOWERMENT
2024 PROJECTED SERVICE HOURS:
1089+ HOURS
*THESE HOURS DO NOT INCLUDE SPECIAL
EVENTS OR FOOD STABILITY PROGRAMS
424
August 2024 Calendar
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 12:30 Online class training,
financial/wellness resources.
2:30-5:30 Youth Program
2 Back to School Event
Backpack giveaway
3 4 5 6
2:30-5:30 Youth
Program
3:30-5:30 National
Night Out
7 2:30-5:30 Youth
Program
5:00 Panera Bread
8 12:30 Life wellness
Employment Development.
VIAL OF LIFE
2:30-5:30 Youth Program
9 10
11 12 13
2:00 Food Bank
2:30-5:30 Youth
Program
14 10:00 Food Bank
2:30-5:30 Youth
Program
5:00 Panera Bread
15 12:30 Save money thru
Healthy Living.
2:30-5:30 Youth Program
16 11:00 Coffee with
Katie
2:30-5:30 Youth
Program
17 18 19
2:30-5:30 Youth
Program
20 2:30-5:30 Youth
Program
21 2:30-5:30 Youth
Program
5:00 Panera Bread
22 12:30 Financial wellness
matters.
2:30-5:30 Youth Program
23 2:30-5:30 Youth
Program
24 25 26
2:30-5:30 Youth
Program
27 2:00 Food Bank
2:30-5:30 Social Work
meetings by
appointment
28 10:00 Food Bank
2:30-5:30 Youth
Program
5:00 Panera Bread
29 30 31
425
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427
Free health class for all residents.
When: Third Thursday of August
12:30 pm in the Community Room
This Month’s Topic:
Learn how healthy living improves your financial life.
Health improvement and financial improvement have a lot in common and the positive effects can be profoundly life-altering. When you take steps to improve your health, they often also cause improvements in your financial life, too.
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429
Stay safe and hydrated as warm temperatures continue in Contra Costa County. View heat safety tips and more here.
Tips for preventing heat-related injuries:
• Avoid using elevators– High heats means the PGE power gird can go down from being overused and cause power outages unexpectedly. When a outage happens the elevators stop working. If you are able bodied to avoid being stuck inside till help arrives use the stairs. • Stay hydrated – Drink plenty of cool water and when possible, electrolyte drinks to replenish hydration. Do not wait until you are thirsty.
• Limit sun exposure – When possible, stay in air conditioning on hot days. If you don't have air conditioning, take cool showers or freeze a wet cloth to wipe down your head and neck. • Connect with your loved ones – Be sure to check on older friends, family and neighbors who live alone, don't have air conditioning or are hesitant to use their air conditioner. • Clothing - Wear lightweight, light-colored and loose-fitting clothing. • Avoid the hottest part of the day – If you have to be outside, try to stick to the cooler morning and evening hours. Wear light, loose clothing and take frequent, shaded or airconditioned breaks. Do not exercise outside during the hottest part of the day. • Beware of hot cars – Never leave a person or a pet in a parked car, even for a short time.
On a mild 80-degree day, the temperature inside a car can reach 100 degrees in 10 minutes. • Keep your pets cool – Give your pets plenty of fresh, clean water. Don't exercise your pets in high temperatures or when the pavement is hot. Make sure they have a shady place to get out of the sun or bring them indoors.
• Sunscreen – Protect your skin against cancer, burns and skin damage by using SPF 50. • Stay informed – Watch your local weather forecasts so you can plan outdoor activities safely and pay attention to any extreme heat alerts.
• Take advantage of cooling spaces – utilize cooling spaces such as libraries or shopping centers, or cooling centers when available.
If you have an emergency and your AC unit stops functioning, we do have portable AC units on site the staff can bring you when we are experiencing high 100+ temperatures.
If there is a rolling black out here is a list of local cooling centers:
Prior to going, please call to confirm the hours of operation. • Antioch Community Center 4703 Lone Tree Way Antioch 925 -776-3050
• Antioch Senior Center 415 West 2nd Street Antioch 925-778-1158 • Brentwood Community Center 35 Oak Street (In City Park) Brentwood 925-516-5444 Brentwood Senior Center 193 GriQith Lane Brentwood 925-516-5380 Please also consider going to a shopping mall, library, coQee shop, movie theater, restaurant) for relief on extreme heat days.
** Call before going to these locations to be sure they are not also experiencing a power outage.
For assistance with transportation, please contact 211 or Mobility Matters at (925)-284-2207 430
Free health class for all residents.
When: 3rd Thursday of JUNE!
At 12:30 pm in the Community Room
This Month’s Topic:
Tips for enjoying a safe and fun summer
that includes exercise and eating healthy.
431
Financial Matters
Credit Card Smarts
Credit Cards vs. Debit Cards:
Why smart responsible use of credit cards
is better than using a debit card
________________________________________
Fourth Thursday of August @ 12:30
In the Community Room
432
Financial Matters
While many financial education tools focus on dollars and cents, the Money Circle Toolkit helps start conversations about the feelings & personal relationships that influence money choices.
The tools contained in the toolkit may spark a new awareness of the social relationships behind financial choices. It can help reveal the financial aspects of relationships with family & friends. As a result, the toolkit may lead to new strategies to help achieve your money goals.
________________________________________
Fourth Thursday of July @ 12:30
.
433
Financial Matters
Save On Summer Energy Costs
Simple things you can do to greatly
reduce your electric bill.
________________________________________
Fourth Thursday of June
12:30 in the Community Room
434
435
436
437
438
439
440
441
442
Join your neighbors for hot dogs,
popcorn & fun games.
We have invited the police to
make an appearance as well.
Location: Basketball Court
443
JOIN US TO GET PREPARED FOR ANY EMERGENCY
The Vial of Life Form is designed to speak for you when you can’t speak for yourself. The vial contains important medical information that can assist emergency personnel in
administering the proper medical treatment.
You will >ill a vial with a one-day supply of your medications and keep it in the designated spot for quick grab and go in the event of an emergency or evacuation.
*Please bring large empty pill bottles.
WHEN: Third Thursday of August at 12:00 pm
WHERE: Community Room
444
445
446
447
448
Resident Appreciation
Summer Kick Off
Party!
Join your neighbors for:
Good Food&Good Conversation,
Good Fun & Good Prizes.
At the basketball court
Tuesday May 14
th
5:00 –7:00 pm
RSVP & pick up your tickets in the office by
Thursday May 9th.
Each person must have a ticket to eat.
We have 200 tickets available, first come first serve.
* The first 100 to RSVP will
get a raffle ticketfor prizes,
Must be present during raffle
to win and have your ticket
stub with you.
449
COMMUNICATIONS TO
RESIDENTS
450
EMAIL BLASTS TO RESIDENTS
BLASTS ARE FREQUENTLY SENT OUT TO RESIDENTS AS REMINDERS OR INFORMATIONAL UPDATES TO KEEP OPEN COMMUNICATION WITH ALL RESIDENTS.
A SAMPLING OF A FEW OF THE THINGS SENT OUT IN JULY:
451
OPERATIONS
452
TOWING
STAFF WALKS THE PROPERTY TO CHECK FOR CARS WITHOUT REGISTRATION OR PERMITS ONCE PER MONTH.
A SAMPLE OF BLASTS SENT OUT TO REMIND RESIDENTS ABOUT AUTHORIZEDVEHICLE PARKING RULES:
June July August
Tagged 7 3 6
Towed 5 0 0
453
LIHTC Tenant Protections - Good Cause for Eviction
Lease Violations
Owners of LIHTC properties must have documented good cause to evict tenants. The good cause requirement provides a protection to ensure that lowincome tenants can remain in their homes. Some states such as California have implemented the good cause requirement by requiring all LIHTC properties to have a good cause lease rider and providing all tenants with a letter informing them of their rights. Advocates work with agencies to implement good cause because of the due process protections it provides to tax credit tenants. In California, having a just cause is a requirement for removing or evicting a tenant who has continuously occupied a rental unit for at least 12 months. There are two types of just cause evictions—at-fault just cause evictions and nofault just cause evictions. In simple terms, when a tenancy is terminated based on the fault of a tenant this is considered an at-fault eviction. This would be the case if, for example, a tenant does not pay the agreed-upon rent timely. No-fault just cause evictions, on the other hand, are when the property owner or landlord want to evict a tenant at no fault of the tenant, for example, when the property owner or landlord wants to move into the property. In this article, we are focusing on at-fault just cause evictions.
California At-Fault Just Cause Evictions include the following allowable causes:
- Failure to pay rent.
- Criminal activity occurring on the rental property or use of rental property for illegal purposes. It must be proven that a crime has occurred. - A serious or repeated breach of a significant provision or material term of the lease agreement. Evidence of the infraction tying the violation to the tenant will be required in court.
- Subletting or subleasing in violation of the signed lease. The landlord must be able to prove in court this has occurred. 454
LEASE VIOLATIONS SERVED
WHEN RESIDENTS BREAK COMMUNITY RULES OR VIOLATE THEIR LEASE, AND SITE STAFF HAVE EVIDENCE OF
THE INFRACTION WHICH CAN TIE THE RESIDENT OR THEIR GUEST TO IT THEY ARE SERVED A LEASE VIOLATION.
IN THE LAST 90 DAYS SITEWIDE THERE HAVE BEEN 51 LEASE VIOLATIONS SERVED UPON RESIDENTS FOR VARIOUS REASONS.
IF WE SEE A TREND IN LEASE VIOLATIONS, WE WILL SEND OUT A BLASTS TO RESIDENTS REMINDING THEM OF THE TERMS OF THE LEASE OR COMMUNITY RULES. HERE ARE A FEW SAMPLES:
455
MONITORED CAMERAS
Attached are slides showing the coverage maps of
the cameras at The Oaks communities. The cost
for monitoring for the site is $12,900 per month.
There are additional cameras inside each building
and throughout the site installed at construction
along with newer and additional cameras to
improve coverage. Footage for those cameras can
be accessed in the camera rooms inside the
buildings.
456
CAMERA COVERAGE
457
MAINTENANCE HIGHLIGHTS
458
A NEW & EXCITING MAINTENANCE PARTNERSHIP
ROLLING OUT IN THE FALL OF 2024 – HAPPYFORCE!
459
LIVE MAINTENANCE TECHS AVAILABLE 24/7
FOR A STREAMLINED RESIDENT EXPERIENCE!
460
THE MAINTENANCE TEAM
Pedro Castro – Director of Facilities
Bill Hinton – Onsite regional maintenance manager full time Sergio – Maintenance technician level 3, full time
Fabian – Maintenance technician level 3, full time
Esteban – Maintenance technician level 2, full time
Gio – Maintenance technician level, 1 full time
Caden – Maintenance technician level , full time
Winn Roving Team – Back-up auxiliary 6-man crew used for special projects
Construction Team – Back up auxiliary 5-man crew used for special projects
461
3RD QUARTER 2022 - 2ND QUARTER OF 2023
CAPITAL MAINTENANCE PROJECT COST THROUGHOUT ALL
COMMON SPACES
Total spent on capital maintenance projects in common areas = $ 578,200.00 • Stairwell painting in every building - $ 22,000
• Carpet cleaning of all stairwells - $ 12,000
• Carpet cleaning in bldg. 53 hallways - $ 9,500
• Re-panting of trash rooms - $ 9, 000
• Curb Painting - $ 5,000 annual
• Trash haul aways for illegal dumping and evictions - $ 20,000 annually • Sidewalk grinding -$ 15,000
• Front entry gate repairs - $ 24,000 (repairs from resident damage rather than general routine maintenance $ 10,000 ) • Water shut off valves installed at each bldg. $ 130,000 • Tree trimming - $ 25,000 entire site
• Bark install at both playgrounds - $ 14,000
• Bark install around bldg. 81 - $ 4,500
• Dormatech – Maintenance and servicing all boilers - $ 75,000 • Bldg 53 – install new boilers in high side and re piping - $ 150,000 • New paint inside bldg. 53 community room - $ 4,500
• New paint on all front doors in bldg. 67 - $ 6,000
• New paint in office bldg. 69 - $ 3,000
• Siding replacement for bldg. 73 (required a boom lift rental) - $ 4,500 • Awning cleaning and repairs all buildings - $ 16,200
• Sign refurbishment throughout property - $ 29,000
462
3RD QUARTER 2023 - 2ND QUARTER 2024
CAPITAL MAINTENANCE PROJECT COST THROUGHOUT ALL
COMMON SPACES
Total spent on capital maintenance projects in common areas = $ 409,330.00 • 53 Flooring in hallways: $ 126,135
• 53 Flooring in stairwells: $ 22,800
• Community room remodel - New paint & new flooring: $ 24,500 • New Community room furniture for 59, 65, 67, 69, 73 buildings: $ 13,325 • Curb Painting: $ 14,000
• Main Entry gate repairs: $ 26,559
• Main Line replacement of 73 Building: $ 12,370
• 53 East Elevator Door repair: $ 61,289
• Otis & Schindler maintenance on elevators: $ 101,041
• Tree Trimming: $ 16,000
• Sidewalk Repairs: $ 13,000
• Sprinkler system overhaul:$ 2,500
• Water Jetting of black water lines in 67 and 81:$ 7,100.00 • Common space painting: $ 9,000
• Boiler maintenance and servicing: $ 21,000
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SERVICE REQUESTS COMPLETED
IN THE LAST QUARTER
TOTAL: 853
BLD June July August as of 8/7
49/51 73 44 29
53/59 162 155 89
65 37 17 5
67 32 28 11
69 31 36 17
73 8 11 6
81 26 28 8
Total 369 319 165
464
CURRENT RESIDENT SERVICE REQUESTS
WORK ORDERS OUTSTANDING
BLD 0 - 7 days 8 - 14 days 15 - 21 days 22 - 28 days 29 + days 49 0 0 1 1 1
51 2 0 0 0 1
53 9 0 1 1 11
59 1 0 0 0 2
65 2 2 0 0 3
67 2 0 1 0 4
69 5 2 1 1 2
73 2 0 2 2 1
81 4 0 1 0 0
465
JANITORIAL
• Common space cleaning 3 days a week by a commercial janitorial company for every building. $7375 Monthly 466
LANDSCAPING
• Professional Landscape Service contracted for the entire property Mon to Fri through a commercial landscape company. $ 12,900 Monthly
467
TRASH SERVICES
• Complete Solutions - Professional Trash removal service contracted for the entire property Monday thru Friday. Compactor & Bin rental also through Complete Solutions. $ 25,689.00 monthly 468
PEST CONTROL
• RidX- Professional Pest Control
service contracted for each of the 9
buildings. $ 1,637.90 monthly
• Here is a sample of the instructions
for residents to prepare their
apartment for successful pest control
treatment:
469
FINANCIAL PLANNING
MONTHY & ANNUALLY
470
The profit margins that LIHTC affordable housing sites experience are typically so miniscule that they often require extreme preservation efforts targeted to maintain budget affordability. Most LIHTC properties face a lack of operating and replacement reserves to ensure that their property is maintained. Without sources of capital to invest in rehabilitation, many properties face deterioration, increased vacancies and a deepening cycle of budget shortfalls.
Thus, the properties may lack the resources to continue to operate.
To keep LIHTC properties viable, properties must be able to ensure an adequate source of capital through rental rates to increase the availability of funds for proper maintenance and continuing operation, and to fund adequate replacement reserves as well as maintain low debt service by being extremely frugal with expenditures.
CTCAC understands this struggle and therefore performs analytic research to evaluate and balance out sustainability with affordability; this allows for viable utility allowances and max rents that change with the economical environment in each county allowing LIHTC properties to capture enough income to sustain the properties expenses while also keeping rents affordable for tenants.
CONTROLS & PLANNING
471
BASIC ROUTINE MONTHLY EXPENSES
TOTAL: $ 650,872.06 BASIC MONTHLY SPENDING
THIS NUMBER DOES NOT INCLUDE ANY OFFICE EXPENSES, RESIDENT SERVICES COSTS OR OTHER NON CONTRACTED MONTHLY EXPENSES INCURRED IN THE OPERATION OF THE SITE ON A DAY TO DAY BASIS.
BLD Mortgage Insurance Taxes Utilities Payroll Contracted Vendors
Maintenance
Costs
49/51 $45,021.00 $2,956.00 $1054.00 $8766.00 $20,572.00 $6470.00 $16,093.00 53/59 $95,678.00 $10,646.00 $5739.00 $69,204.00 $38,950.00 $22,684.00 $60,861.00 65 $15,732.00 $1680.00 $1359.00 $10,039.00 $8,932.00 $4,548.00 $4507.00 67 $15,480.00 $1680.00 $1528.00 $6404.00 $12,805.00 $6,183.00 $6654.00 69 $14,263.00 $1721.00 $1228.00 $11,509.00 $15,267.00 $8,004.00 $10,106.00 73 $10,976.00 $1250.00 $435.00 $4,433.00 $7,216.00 $2,941.00 $6958.49 81 $9,986.00 $1406.00 $1259.00 $10,703.00 $13,341.00 $6,873.00 $8751.57 Total $207,136.00 $21,339.00 $12,622.00 $121,058.00 $117,083.00 $57,703.00 113,931.06 472
OCCUPANCY AS OF 8/5/24
Building Physical
occupancy %
July 15th
Economic
occupancy %
August 5th
Economic
Occupancy %
Number of
units
Number of
vacant units
Occupied
units
Number of
residents
49 71.80% 70.99% 53.60% 36 11 25 66
51 77.79% 70.99% 53.60% 39 8 31 68
53 73.40% 72.71% 58.25% 154 41 113 389
59 87.10% 72.71% 58.25% 54 7 47 56
65 79.63 % 91.10% 80.73% 54 11 43 51
67 85.19 % 78.22% 69.15% 54 8 46 61
69 95.45 % 83.01% 63.67% 44 2 42 123
73 93.33 % 86.61% 59.28% 30 2 28 88
81 81.82 % 90.57% 86.18% 44 8 36 45
Total 82.83 % 81.88% 67.26% 509 98 411 947
473
RENTAL INCOME
BILLED RENT FOR AUGUST 2024: $ 646,478.00
RENT COLLECTED IS LISTED BELOW
BLD May June July August as of 8/6
49/51 $ 90,569.77 $ 101, 673.00 $ 98,665.00 $ 72,143.00 53/59 $ 287,035.60 $ 271,595.59 $ 367,219.00 $ 198,801.00 65 $ 58,269.72 $ 43,905.15 $ 58,183.00 $ 464,439.00
67 $ 51,203.00 $ 50,361.06 $ 59,191.00 $ 41,065.52
69 $ 67,783.00 $ 50,042.00 $ 59,772.00 $ 40,935.00
73 $ 48,000.00 $ 42,346.00 $ 42,105.00 $ 24,719.00
81 $ 49,843.00 $ 44,409.00 $ 45,776.00 $ 40,359.00
Total $ 652,704.09 $ 604,331.80 $ 730,910.00 $ 464,461.52 474
CURRENT UNIT PAST DUE RENT COLLECTIONS
TOTAL OUTSTANDING RENT: $332,350.62
BLD 30 days 60 days 90 Days Total past due for building 49/51 $15,511.00 $10,898.22 $45,440.61 $71,849.83
53/59 $44,846.50 $30,640.75 $119,211.09 $194,698.34
65 $2,145.25 $2,761.00 $3,988.50 $8,894.75
67 $4,907.55 $4,327.00 $13,192.15 $22,426.70
69 $7,216.00 $5006.00 $16,957.00 $29,179.00
73 $2,235.00 $100.00 $831.00 $3,166.00
81 $0.00 $0.00 $2,136.00 $2,136.00
Total $76,861.30 $53,732.97 201,756.35 $332,350.62
475
EVICTIONS FOR
2ND QUARTER
APRIL - JUNE
COUNTS:
APRIL - 4
MAY - 6
JUNE - 2
EVICTIONS FOR
3RD QUARTER
JULY - SEPTEMBER
COUNTS:
JULY - 4
AUGUST - 10
CURRENTLY 5.9% EVICTION RATE SITEWIDE FOR 2024
EVICTIONS FOR
1ST QUARTER
JANUARY - MARCH
COUNTS:
JANUARY - 2
FEBRUARY - 4
MARCH - 5
Total year to date 37
476
DELINQUENT RENT REVENUE & EVICTIONS
EXPENSES
Evictions attorney’s fees for 2023: $140,285
Evictions attorney’s fees for 2024: $125,800 YTD
Current 2024 outstanding unpaid rent: $570,697.01
Uncollectable rent 2021-2022: $1,630,435
Uncollectable rent 2023-2024: $1,133,200.76
477
THE LASTING
EFFECTS OF
COVID
THE FINANCIAL IMPACT ON THE SITE IN
2021/2022 WAS + $4,135,117.00 IN LOST
REVENUE, LOST RENT & INFLATION.
THIS NUMBER DOES NOT INCLUDE 2020
LOSSES, EVICTIONS COSTS OR 2020/2021
INFLATIONARY IMPACTS
.
.
478
COVID DRIVEN INFLATION CAUSED ESCALATING
OPERATIONAL COSTS: RISING $1,853,033.00 IN 2022 ALONE
• $5,717,829 paid for operations in 2022 - Overall increase of 23% in operating costs from 2021 ($4,606,769).
This is $1,111,060 more than the previous year.
• $976,739 paid for utilities in 2022 - Overall increase of 23% in utility costs from 2021 ($758,673) This is $218,066 more than the previous year.
• $1,085,321 paid for payroll in 2022 - Overall increase of 20% in payroll costs from 2021 ($905,918) This is $179,403 more than the previous year.
• $1,086,012 paid for insurance/taxes in 2022 - Overall increase of 30% in insurance/tax costs from 2021 ($759,508) This is $326,504 more than the previous year.
479
LOSS TO LEASE AMOUNTS DURING COVID
Loss to lease is lost revenue from not raising rents to maximum permissible levels or delaying rental increases.
This type of also causes a strain on the development as unlike rental rates, costs are not capped and continue to rise to levels exceeding rent increases.
• 2022 Revenue lost from not charging maximum allowable rents $989,632 • 2021 Revenue lost from not charging maximum allowable rents $1,059,575 480
FINANCIAL LOSSES DUE TO COVID VACANCIES
$1,310,452 lost from 2021 through 2022
Amount of lost rent specifically tied to Covid in the following ways:
From vacancy after eviction due to non-payment of rent.
Or vacancy after voluntary move out due to the tenant’s inability to pay rent caused by covid driven financial instability. 481
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: August 13, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Work Session Discussion regarding Creekside Park Background and Analysis
This item is brought to the City Council at the request of Councilmember Fuller to discuss Creekside Park.
Creekside Park is one of the most beautiful and feature packed parks in Oakley. The location of this park next to Marsh Creek provides an enhanced level of recreational opportunities for the public. Staff has prepared the attached exhibit that shows all components of this park and various improvements and enhancements that have been made over the past several years to make it a very special park for the community.
In this Work Session, staff is seeking direction from the City Council if there are other improvements that are needed to be constructed at this park.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space goals.
Fiscal Impact
None at this time.
Staff Recommendation
Provide direction to Staff regarding any improvements to this park.
Attachments
1) Park Exhibit
Approved and
Forwarded to the
City Council
482
Creekside Park
Skatepark
Basketball Courts
Community Garden
Bocce Courts
Pavilion with
Picnic Tables and BBQs
Play Structure with
Splash Pad
Sports Field 5/2017: Installed skate park
structures, including 4 boxes
and 2 slide rails.
7/2017: Added concrete
tables, benches, and trash
cans.
7/2017: Added concrete
tables, benches, and trash
cans.
7/2017: Added concrete
tables, benches, and trash cans.
4/2018: Planted planters in
collaboration with Girl Scouts.
3/2019: Replaced damaged
water feature parts.
4/2019: Painted water feature
concrete.
9/2019: Renovated bocce
ball courts.
10/2021: Painted picnic area
shade structure.
5/2022: Installed a concrete
slab.
9/2022: Installed 3 service
tables, 2 large BBQs, and 2
trash cans.
4/2022: Installed bike rack.
5/2023: Added oyster
shells.
6/2023: Replaced and removed
damaged playground structures.
1/2024: Renovated baseball
fields with new home plate,
infield work, and bases.
1/2024: Replaced canopies and
shade structures.
2/2024: Repainted
restrooms.
5/2024: Update water feature
programming. Painted water
feature concrete.
Restrooms
7/2024: Purchased track ride to
replace the seesaw.
7/2024: Replaced two
drinking fountains with
new models featuring
bottle fillers.
Marsh Creek Restoration
1/2018: Landscape
Renovations.
7/2024: Installed fencing on
trees to mitigate beaver
damage.
1/2009: Project Began. Honey Creekside
Subdivision
- American Rivers Restoration
Project.
Marsh Creek Restoration
- New pedestrian bridge.
Vacant Lot,
Privately
Owned
483