AGENDA
REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL
ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT
AGENCY/OAKLEY PUBLIC FINANCING AUTHORITY
Tuesday, November 12, 2024
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.
MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.
VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.
Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road. Agendas are also posted on the City's Internet Website www.ci.oakley.ca.us.
A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City's agenda e-mail distribution list, please contact us at (925) 625-7000.
The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Envision Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].
If you require special accommodation, please call the City Clerk's office at (925) 625-7000 before the meeting or contact City staff at the meeting. 1 1. OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
1.2 Pledge of Allegiance to the Flag (Iron House Elementary Students)
1.3 Delta Update (Roger Mammon)
1.4 Ironhouse Sanitary District Update (Jean-Marc Petit, General Manager)
2. PUBLIC COMMENTS
3. COUNCILMEMBER COMMENTS
4. CONSENT CALENDAR
4.1 Approve Minutes from the Regular Joint City Council/City Council Acting as Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.
Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City's jurisdiction. In compliance with State law, the council may not take action or have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/.
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items.
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor. 2 the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held October 8, 2024 (Libby Vreonis, City Clerk)
4.2 Report Out of Closed Session Memo (Derek Cole, City Attorney)
4.3 City of Oakley Quarterly Investment Report (1st Quarter FY 2024/25) (Jeri Tejeda, Administrative Services Director)
4.4 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (1st Quarter FY 2024/25) (Jeri Tejeda, Administrative Services Director)
4.5 Adopt a Resolution Approving Annexation No. 41 (Oakley Shops at Laurel Fields) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape, and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.6 Ratify Election: Adopt Ordinance No. 14-24 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 193 within the Oakley Special Police Tax Area for Police Protection Services for the Oakley Shops at Laurel Fields project located at 998 Laurel Road (Parcels 1 and 2 of Minor Subdivision Map 24-976) (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.7 Consideration of a Resolution Allocating American Rescue Plan Act (ARPA) funding to meet the definition of obligated as of December 31, 2024 as required by ARPA (Jeri Tejeda, Administrative Services Director)
4.8 Adopt a Resolution for the Award of Construction Contract to Specified Play Minutes 10-08-24
Memo
Staff Report
1. City of Oakley Investment Report for the quarter ended September 30, 2024
2. FY 2025 City Investment Worksheet
Staff Report
1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended September 30, 2024
Staff Report
1. Annex 41 Unanimous Approval
2. Resolution
3. CFD 2015-2 Amended Boundary Map
4. Amendment to Notice of Special Tax Lien
Staff Report
1. Two (2) Signed Ballots
2. Ordinance No. 14-24
Exhibit A - Boundary Map for Police Tax Area Zone 193
Exhibit B - Tax Rate Schedule for Fiscal Year 2024-25
Staff Report
1. Resolution
2. ARPA Detail Worksheet
3 Equipment Company for the Construction of a new Playground and Surfacing at Vintage Parkway Elementary School (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.9 Adopt a Resolution Approving the Proposal from Sanbell, and Authorizing the City Manager to Execute Amendment Number 1 to the Consulting Services Agreement with Sanbell for Design Services related to the East Cypress Road Widening at CCWD Canal Crossing Project at Jersey Island Road – Capital Improvement Project 310 (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.10 Adopt a Resolution Approving a Subdivision Improvement Agreement with Civic Summer Lake North, LLC for Dal Porto Ranch Park which consists of Lake and Sports Park Improvements within the Summer Lake North Subdivision (Parcel C & Parcel D of Subdivision 9307) (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.11 Adopting a Resolution Accepting the Subdivision Improvements Associated with Subdivision 9284 The Ranchettes at Neroly Located at the Southeast Corner of Oakley Road and Neroly Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.12 Adopt a Resolution Amending the City's Proclamation Policy to Add Small Business Saturday to the Approved Proclamation List (Kim Snodgrass, Deputy City Clerk)
4.13 Adopt a Resolution Approving the Agreement with O'Hara Properties, LLC (APN 035-510-009) for "Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry" for DR 08-20 Quick Quack Car Wash Project Located at 1054 Laurel Plaza and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Staff Report
1. Resolution
2. Proposal
Staff Report
1. Resolution
2. Sanbell Proposal
Staff Report
1. Vicinity Map
2. Resolution
3. Subdivision Improvement Agreement
Staff Report
1. Vicinity Map
2. Resolution
Staff Report
1. Proposed Resolution
2. Sample Proclamation
4 Engineer)
4.14 Adopt a Resolution Approving the Agreement with O'Hara Properties, LLC for "Agreement of Property Owner for Provision of Landscaping in the Public Right of Way" for DR 08-20 Quick Quack Car Wash Located at 1054 Laurel Road and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.15 Adopt a Resolution of the City Council of Oakley Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (portions of 041-021-022, located on Neroly Road) (Derek Cole, City Attorney)
4.16 Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Contract with Keep IT Simple for the Renewal of Licensing for Microsoft Windows Server Operating Systems through the California Multiple Award Schedule (CMAS) Contracting Process (Rob Barker, IT Manager)
4.17 Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Contract with Keep IT Simple for the Purchase and Installation of Data Backup Equipment, Cloud Replication and Software through the California Multiple Award Schedule (CMAS) Contracting Process (Rob Barker, IT Manager)
4.18 Adopt a Resolution Authorizing Advertisement of Two Planning Commission Seats for Two-Year Terms Expiring February 27, 2025, and Directing Staff to Bring Back a Resolution at the First Meeting in November 2026 for Consideration to Change the Two Current 2-year term seats to 4-year terms in February 2027 to allow for 3 seats to expire in 2029 and 2 seats to expire in 2031 (Libby Vreonis, City Clerk)
5. PRESENTATIONS
5.1 Presentation of Proclamations 1. Law Enforcement Records and Support Personnel Appreciation Day (Paul Beard, Police Chief) 2. GIS Day (Brianne Staff Report
1. Resolution
2. Stormwater O&M Agreement
Staff Report
1. Resolution
2. Landscape Maintenance Agreement
Staff Report
1. Proposed Resolution Accepting Real Property
2. Draft Grant Deed
Staff Report
1. Proposed Resolution
Staff Report
1. Proposed Resolution
Staff Report
1. Proposed Resolution
5 Visaya, Assistant Engineer) 3. Small Business Saturday (Oakley Chamber of Commerce and Local Businesses)
6. PUBLIC HEARINGS
7. REGULAR CALENDAR
8. REPORTS
8.1 CITY MANAGER
(a) City Manager
(b) Business License Update
(c) Update from the Oaks Apartments
(d) Police Department New Badge Presentation
8.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (b) Requests for Future Agendas
9. WORK SESSIONS
10. CLOSED SESSION
10.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Pursuant to Government Code section 54956.9(a)
Summer Lake Owners Association v. City of Oakley et al., Contra Costa Superior Court Case No. C24-01760
11. ADJOURN
1. Law Enforcement Records and Support Personnel Appreciation Day
2. GIS Day
3. Small Business Saturday
(b) October New Business Licenses
(c) The Oaks Update
6 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held October 8, 2024
1) OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Anissa Williams called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561. Vice Mayor Shannon Shaw and Councilmembers Dr. George Fuller, Hugh Henderson and Aaron Meadows were also present.
1.2 Pledge of Allegiance to the Flag (Alyssa F., Raine C., and Jillian D., Oakley 4-H Club)
The 4-H Club led the Pledge of Allegiance to the Flag.
1.3 Oakley Library and Community Center Fundraising, Contra Costa County Supervisor Diane Burgis, and Friends of the Oakley Library President, Lorena Campos, and Treasurer, Liz Fuller.
Friends of the Oakley Library President Lorena Campos and Treasurer Liz Fuller along with County Supervisor Diane Burgis spoke regarding fundraising efforts for the Oakley Library and Community Center.
2) PUBLIC COMMENTS
None.
3) COUNCILMEMBER COMMENTS
Dr. Fuller provided a comment.
7 4) CONSENT CALENDAR
4.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held September 24, 2024 (Libby Vreonis, City Clerk)
4.2 Adopt a Resolution of the City Council of the City of Oakley Approving the Fifth Amendment to the Joint Exercise of Powers Agreement ("JEPA") for the East Contra Costa Regional Fee and Financing Authority ("ECCRFA") and Authorizing the City Manager or Designee to Sign it; and Approving and Adopting the ECCRFA Program Update Report (Kevin Rohani, P.E., Public Works Director/City Engineer)
4.3 Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Canon Solutions for the Lease and Maintenance of Five New Multifunction Printers (Rob Barker, IT Manager)
4.4 Adopt a Resolution Amending the City's Proclamation Policy to Add the following Proclamations to the Approved Proclamation List (Kim Snodgrass, Deputy City Clerk)
1. Recognition of the Delta Association of REALTORS®
2. Code Enforcement Officer Appreciation Week
3. Internal Department Recognitions
4.5 Adopt a Resolution Accepting a Grant Deed Conveying to the City of Oakley Certain Real Property Interests (Portions of 041-021-025-6, located on Neroly Road) (Derek Cole, City Attorney)
Dr. Fuller requested to pull item 4.2.
It was moved by Dr. Fuller and seconded by Vice Mayor Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 4.2
Dr. Fuller mentioned he intended to pull item 4.1 rather than item 4.2.
It was moved by Dr. Fuller and seconded by Councilmember Meadows to approve item 4.2.
Motion was unanimous and so ordered. (5-0)
5) PRESENTATIONS
5.1 Presentation by Oakley 4-H Club (Club Leader, Heather Dutra) Heather Dutra, 4-H Community Club Leader and Project Leader, shared this is national 4-H week and provided information regarding 4-H.
Dr. Fuller inquired where 4-H has facilities to raise animals. Ms. Dutra responded. 8 5.2 Presentation of Proclamations
1) Community Planning Month (Ken Strelo, Community Development Director) Mayor Williams presented a proclamation to Community Development Director Ken Strelo, Associate Planner Evan Gorman, and Senior Planner Jose Cortez. Mr. Strelo thanked the Council and provided information regarding what Planners do. 2) Code Enforcement Officer Appreciation Week (Conrad Fromme, Chief Building Official)
Mayor Williams presented a proclamation to Chief Building Official Conrad Fromme, Code Enforcement Officer Jody Williams, Code Enforcement Technician Lauren Kober, and Code Enforcement Technician Ashley Shaffer. Mr. Fromme thanked the Council and Code Enforcement staff.
6) PUBLIC HEARINGS
None.
7) REGULAR CALENDAR
7.1 Strategic Plan 27+ Update (Joshua McMurray, City Manager) City Manager Joshua McMurray provided an overview of the Strategic Plan 27+ update.
Mayor Williams inquired if it is available on the City’s website which Mr. McMurray confirmed it is, as well as the dashboard.
No public comments were submitted.
It was moved by Councilmember Meadows and seconded by Councilmember Henderson to accept the update. Motion was unanimous and so ordered. (5-0) 8) REPORTS
8.1 CITY MANAGER
(a) City Manager
(b) Business License Update
City Manager Joshua McMurray announced Oaktoberfest will be held October 26, 2024, 12pm4pm, at Civic Center Plaza. He mentioned the business license report for September has been included in the agenda packet.
8.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
9 Reports were provided by Vice Mayor Shaw, Dr. Fuller, Councilmember Meadows, Councilmember Henderson and Mayor Williams.
Vice Mayor Shaw requested the meeting be closed in honor of Bette Boatmun, CCWD’s longest serving Board member, who recently passed away.
(b) Requests for Future Agendas
Dr. Fuller requested a proclamation for National Apprenticeship Week, November 13-20.
City Manager Joshua McMurray mentioned Dr. Fuller can follow the process and complete the [proclamation request] form, and staff can bring it to the City Council for a vote at the November meeting, similar to the proclamations approved this evening; it does not require a future agenda request.
Dr. Fuller requested looking into expanding areas for animal husbandry.
Mr. McMurray suggested a work session to discuss zoning where animals are currently allowed and not allowed. Vice Mayor Shaw and Mayor Williams supported it. 9) WORK SESSIONS
None.
10) CLOSED SESSION
10.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: Neroly Road, Oakley, CA, APN 041-022-002
Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Diane E. Schatz
Under Negotiation: Price and term of payment
Mayor Williams announced the closed session item. She closed the meeting in honor of Bette Boatmun.
11) ADJOURN
There being no further business, the meeting was adjourned at 7:25 p.m.
Respectfully Submitted,
Libby Vreonis
City Clerk
10 MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Date: October 9, 2024
To: Mayor and City Councilmembers
From: Derek P. Cole, City Attorney
CC: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
For Consideration at the City Council Meeting of November 12, 2024 Background and Analysis
The City Council considered the following closed session item during its regular meeting held October 8, 2024:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Neroly Road, Oakley, CA APN 041-022-002
Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Diane E. Schatz
Under Negotiation: Price and term of payment
Direction was provided to staff. There was no reportable action.
Fiscal Impact
None.
Recommendation
Receive and file this report.
Attachments
None.
11 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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Service Director
SUBJECT: City of Oakley Quarterly Investment Report (1st Quarter FY 24/25) 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 September 30, 2024, attached shows a combined pool balance of $100,220,116.23. In the first quarter, the pool accrued interest earnings totaling $500,750.41, an increase from $498,344.99 at the close of the previous quarter. This interest reflects the favorable rates currently available on secure investments, including LAIF’s short-term investments and diversified investments made through PFM, with terms extending up to five years.
Our investments continue to yield interest at the purchase cost rate, averaging 2.74% for the quarter ended September 30, 2024, as detailed in the PFM investment report.
The City is in compliance with the adopted investment policy and able to meet its expenditure requirements for the next six months.
Staff Recommendation
Staff recommends the City Council accept the investment report for the 1st Quarter of Fiscal Year 2024-2025.
Approved and
Forwarded to the
City Council
12 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Attachments
1. City of Oakley Investment Report for the quarter ended September 30, 2024
2. FY 2025 City Investment Worksheet
13 14
Investment Performance Review
For the Quarter Ended September 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
15 © PFM Asset Management LLC pfmam.com |
Market Summary
1 16
For the Quarter Ended September 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Summary
Economic performance in the third quarter of 2024 continued to support a softlanding outlook for the U.S. economy, underpinned by historically low unemployment, resilient consumer spending, record household wealth and a supportive Federal Reserve (Fed). Inflation continued to make progress towards the Fed’s 2% target, while the labor market cooled from it formerly overheated state. This prompted the Fed to acknowledge that the risks on both sides of its dual mandate – stable prices and full employment – were now “roughly in balance.”
The Fed cut the overnight policy rate by 50 bps (0.50%) to a new target range of
4.75% to 5.00% at its September 18 meeting, marking the first rate cut in over four years. Furthermore, the Fed’s updated “dot plot” implied an additional 50 bps of rate cuts through the balance of 2024 and 100 bps of cuts in 2025. The Fed expects to reach the longer run “neutral” policy rate of 2.875% by the end of 2026.
While the bond market priced in much of the Fed’s forecasted rate trajectory into lower long-term bond yields, the equity and credit markets remained priced for a soft landing as positive sentiment and investor confidence continued to buoy risk asset valuations. Equity markets surged ahead in Q3. The S&P 500 Index returned 5.9% in the quarter, bringing YTD returns to 22.1%. In a reversal of the first half of the year, market strength broadened out as the Russell 2000 small cap index outperformed the S&P 500, returning 9.3% for the quarter. The NASDAQ also lagged, returning just 2.8% for the quarter. U.S. Treasury yields plunged in Q3, embracing the Fed’s expected rate cutting cycle, which supported strong bond market performance.
Economic Snapshot
U.S. inflation readings continued to make progress toward the Fed’s 2% target as both headline CPI (2.5%) and Core CPI (3.2%) ended the quarter at their lowest levels in over three years. Housing costs remain elevated, however, as shelter inflation at 5.2% year-over-year is roughly double the 2.6% average in the decade preceding the pandemic.
U.S. Real GDP growth ramped up in Q2, with the third and final estimate reporting growth of 3.0%, nearly double the rate of the previous quarter. The main contributors of the increase were a surge in private inventories and an acceleration in consumer spending that were partially offset by a downturn in residential housing and weaker net exports.
The U.S. labor market added an average of 186,000 jobs per month in Q3, which was a rebound from Q2’s relatively weak reading of 147,000 per month. Additionally, the unemployment rate ended the quarter at 4.1%, flat for the quarter but up from
3.7% at the beginning of the year. While the pace of expected hirings has gradually slowed, layoff rates have remained near multi-year lows and weekly jobless claims are firmly below their long-term averages indicating the labor market remains healthy.
Interest Rates
The market spent most of the quarter preparing for the first rate cut in September, after the Fed noted in July that the risks to jobs and prices have come into better balance. The Fed delivered the much-anticipated interest rate cut at its September meeting and reduced the overnight rate by 50 bps, which was on the high side of expectations.
U.S. Treasury yields fell sharply throughout Q3, reflecting the imminent outset of the Fed’s cutting cycle. The yield on the 2-, 5-, and 10-year U.S. Treasuries ended the quarter at 3.64%, 3.56%, and 3.78%, respectively. This represented decreases of 111 bps, 82 bps, and 62 bps, respectively.
After spending a record amount of time inverted, the yield curve steepened (as measured by the yield difference between the 2- and 10-year U.S. Treasury notes) and dis-inverted for the first time since July 2022.
As a result of lower yields, U.S. Treasury indices generated strong total returns for the quarter. The ICE BofA 2-Year and 5-Year U.S. Treasury indices returned
2.85% and 4.41% respectively, while the 10-Year U.S. Treasury index returned
5.73% for the quarter.
Sector Performance
Sustained investor appetite continued to pressure yield spreads toward near multi-year lows across most investment grade sectors throughout Q3, resulting in firmly positive excess returns on the corporate and mortgage-related sectors.
Federal agency and supranational spreads remained low and rangebound throughout Q3. These sectors produced muted excess returns relative to other investment grade fixed income sectors as issuance remained quite light and the incremental income from the sectors was near zero.
Investment-grade (IG) corporates posted a strong quarter as sustained high issuance carried over from Q1 and Q2 was well-absorbed by robust investor demand. As a result, spreads ended the quarter very near their two-year lows. From an excess return perspective, lower-quality and longer-duration issuers generally outperformed. Performance of financial and banking issuers once again led most other industries across most of the yield curve during the quarter.
Most mortgage-related sectors were top of class performers during Q3 as spreads continued to test 12-month lows. Agency-backed mortgages rebounded soundly in Q3 following an underwhelming Q2. Declining mortgage rates and a somewhat more positive outlook in the housing market provided a tailwind for the sector during the quarter.
Unlike corporates, AAA-rated asset-backed securities (ABS) generated muted excess returns for the quarter as spreads remained modestly elevated for both automobile and credit card collateral. Attractive incremental income from the sector helped offset modest price declines for the quarter.
PFM Asset Management is a division of U.S. Bancorp Asset Management, Inc. | For Institutional Investor or Investment Professional Use Only This material is not for inspection by, distribution to, or quotation to the general public. 2 17
For the Quarter Ended September 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Labor Market
Economic Snapshot
Jun '24 Sep '23
1.6%
GDP Personal Consumption (QoQ SAAR) 2024Q2 2.8% 1.0%
Retail Sales (YoY) Aug '24 2.1% 2.0% 4.2%
ISM Manufacturing Survey (month) Sep '24 47.2 48.5 48.6 Existing Home Sales SAAR (month) Aug '24 3.86 mil. 3.90 mil. 3.98 mil.
Inflation/Prices
Personal Consumption Expenditures (YoY) Aug '24 2.2% 2.4% 3.4% Consumer Price Index (YoY) Aug '24 2.5% 3.0% 3.7%
Consumer Price Index Core (YoY) Aug '24 3.2% 3.3% 4.1%
Crude Oil Futures (WTI, per barrel) Sep 30 $68.17 $81.54 $90.79 Gold Futures (oz.) Sep 30 $2,636 $2,340 $1,848
Latest
200K
0 600K
400K
800K
1,000K
1.0%
0.0%
3.0%
2.0%
4.0%
5.0%
Sep '21 Mar '22 Sep '22 Mar '23 Sep '23 Mar '24
Unemployment Rate (left) vs. Change in Non-farm Payrolls (right) Change In Non-Farm Payrolls Unemployment Rate
6%
8%
4%
2%
0%
-2%
Jun '21 Dec '21 Jun '22 Dec '22 Jun '23 Dec '23 Jun '24 Real GDP (QoQ)
10%
9%
8%
7%
6%
5%
4%
3%
2%
1%
0%
Sep '21 Mar '22 Sep '22 Mar '23 Sep '23 Mar '24
Consumer Price Index
CPI (YoY) Core CPI (YoY)
2 2
Unemployment Rate Aug '24 4.2% 4.1% 3.8%
Change In Non-Farm Payrolls Aug '24 142,000 118,000 246,000 Average Hourly Earnings (YoY) Aug '24 3.8% 3.8% 4.5%
Personal Income (YoY) Aug '24 5.6% 5.8% 5.4%
Initial Jobless Claims (week) 9/28/24 225,000 239,000 216,000 Growth
Real GDP (QoQ SAAR) 2024Q2 3.0% 12.4%
1 1.9%
1. Data as of First Quarter 2024.
2. Data as of Second 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 is a division of U.S. Bancorp Asset Management, Inc. | For Institutional Investor or Investment Professional Use Only This material is not for inspection by, distribution to, or quotation to the general public. 3 18
For the Quarter Ended September 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Source: Bloomberg.
U.S. Treasury Yields Yield Curves as of September 30, 2024 Interest Rate Overview
U.S. Treasury Yield Curve
6%
5%
4%
3%
2%
1%
0%
3-yr
2-yr
1-yr
3-mo
5-yr
7-yr
10-yr20-yr30-yr
Yield
U.S. Treasury Note Yields
6.0%
5.0%
4.0%
3.0%
2.0%
1.0%
0.0%
9/30/23 12/31/23 3/31/24 6/30/24 9/30/24 Maturity
September 30, 2024 June 30, 2024 September 30, 2023
6%
5%
4%
3%
2%
1%
0%
3-yr
2-yr
1-yr
3-mo
7-yr
5-0
yr
10-yr25-yr30-yr
Yield
Maturity
U.S. Treasury Federal Agency Corporates, A Rated
Yield
2-Year 5-Year 10-Year
Maturity Sep '24 Jun '24 Change over
Quarter Sep '23 Change overYear
3-Month 4.63% 5.36% (0.73%) 5.45% (0.82%)
1-Year 4.01% 5.12% (1.11%) 5.46% (1.45%)
2-Year 3.64% 4.76% (1.12%) 5.05% (1.41%)
5-Year 3.56% 4.38% (0.82%) 4.61% (1.05%)
10-Year 3.78% 4.40% (0.62%) 4.57% (0.79%)
30-Year 4.12% 4.56% (0.44%) 4.70% (0.58%)
PFM Asset Management is a division of U.S. Bancorp Asset Management, Inc. | For Institutional Investor or Investment Professional Use Only This material is not for inspection by, distribution to, or quotation to the general public. 4 19
For the Quarter Ended September 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
September 30, 2024 Duration Yield 3 Month 1 Year 3 Years 1-3 Year Indices
U.S. Treasury 1.83 3.70% 2.87% 6.74% 1.33%
Federal Agency 1.46 3.80% 2.52% 6.68% 1.42%
U.S. Corporates, A-AAA rated 1.86 4.27% 3.18% 8.16% 2.00% Agency MBS (0 to 3 years) 1.41 4.63% 2.70% 7.77% 1.06%
Taxable Municipals 2.01 4.09% 2.78% 7.18% 1.81%
1-5 Year Indices
U.S. Treasury 2.59 3.65% 3.39% 7.44% 0.76%
Federal Agency 1.91 3.72% 2.77% 7.04% 0.85%
U.S. Corporates, A-AAA rated 2.54 5.13% 0.97% 5.75% 0.26% Agency MBS (0 to 5 years) 2.33 4.61% 3.72% 9.89% 0.43%
Taxable Municipals 2.51 4.09% 3.23% 7.63% 1.17%
Master Indices (Maturities 1 Year or Greater)
U.S. Treasury 6.38 3.78% 4.84% 9.93% (1.89%)
Federal Agency 3.38 3.79% 3.51% 8.49% 0.07%
U.S. Corporates, A-AAA rated 7.00 4.58% 5.73% 13.38% (1.22%) Agency MBS (0 to 30 years) 5.12 4.50% 5.54% 12.37% (1.21%) Taxable Municipals 9.13 4.76% 5.66% 13.63% (3.04%)
Returns for periods greater than one year are annualized.
Source: ICE BofAML Indices.
As of 09/30/2024 Returns for Periods ended 09/30/2024
ICE BofAML Index Returns
PFM Asset Management is a division of U.S. Bancorp Asset Management, Inc. | For Institutional Investor or Investment Professional Use Only This material is not for inspection by, distribution to, or quotation to the general public. 5 20
For the Quarter Ended September 30, 2024
QUARTERLY MARKET SUMMARY Fixed Income Management
Disclosures
The views expressed within this material constitute the perspective and judgment of U.S. Bancorp Asset Management, Inc. 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 current opinion as of the date of issue and are also subject to change. Opinions and data presented are not necessarily indicative of future events or expected performance. Information contained herein is based on data obtained from recognized statistical services, issuer reports or communications, or other sources, believed to be reliable. No representation is made as to its accuracy or completeness.
PFM Asset Management serves clients in the public sector and is a division of U.S. Bancorp Asset Management, Inc., which is the legal entity providing investment advisory services. U.S. Bancorp Asset Management, Inc. is a registered investment adviser, a direct subsidiary of U.S. Bank N.A. and an indirect subsidiary of U.S.
Bancorp. U.S. Bank N.A. is not responsible for and does not guarantee the products, services, or performance of U.S. Bancorp Asset Management, Inc.
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
Further distribution is not permitted without prior written consent.
PFM Asset Management is a division of U.S. Bancorp Asset Management, Inc. | For Institutional Investor or Investment Professional Use Only This material is not for inspection by, distribution to, or quotation to the general public. 6 21
© PFM Asset Management LLC pfmam.com |
Portfolio Review:
CITY OF OAKLEY
7 22
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Compliance
|
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Financial LP Asset and Investment Management ("AIM").
Certificate of Compliance
During the reporting period for the quarter ended September 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
8 23
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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 September 30, 2024CAMP Managed Account $29,810,859 CAMP Pool $1,260,195
Amortized Cost $29,947,712
Market Value $29,810,859
Accrued Interest $142,537
Cash $0
Analytics¹ September 30, 2024Yield at Market 3.92%
Yield on Cost 2.74%Portfolio Duration 2.17
CAMP Pool7-Day Yield 5.08%
9 24
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Account Summary
|
Account Summary
CAMP Managed Account $29,953,397CAMP Pool $1,260,195Total Program $31,213,592 Consolidated Summary
Sector Allocation
4.0%
6.6%
0.0% 2.1%
18.7%
25.0%
5.9%
11.4%
26.4%
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: 833 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 | 83%Corporate | 13%Joint Powers Authority | 4% 10 25
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Portfolio Snapshot
|
Total market value includes accrued interest and balances invested in CAMP, as of September 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 Financial LP.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
Credit Quality - S&P
31%
23%
8%
27%
10%
25% 27%
21%
18%
10%
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 | 83%Corporate | 13%Joint Powers Authority | 4% Sector Allocation
AAAm | 4%AA+ | 85%AA | 1%AA- | 1%A+ | 2%A | 3%A- | 3%
BBB+ | 1%
Portfolio Statistics
Portfolio Effective DurationBenchmark Effective Duration Portfolio Credit Quality
Yield At Market
Yield At Cost
Total Market Value
Managed Account Sub-TotalPool
$31,213,591.58
$29,810,859.36
$142,537.32
$1,260,194.90
2.17 years
2.13 years
2.74%
3.92%
AA
Accrued Interest
11 26
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Portfolio Characteristics
|
$0.0$6.4
$12.8$19.2$25.6$32.0
Millions
September 2024
$0.0$6.4
$12.8$19.2$25.6$32.0
Millions
June 2024
$0.0$6.4
$12.8$19.2$25.6$32.0
Millions
March 2024
$0.0$6.4
$12.8$19.2$25.6$32.0
Millions
December 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 Dec-23 % of Total Mar-24 % of Total Jun-24 % of Total Sep-24 % of Total U.S. Treasury $19.1 68.6% $22.7 82.3% $26.2 86.9% $25.9 83.3%Corporate $4.1 14.9% $4.1 15.1% $3.9 12.8% $3.9 12.6%Joint Powers Authority $4.6 16.5% $0.7 2.6% $0.1 0.3% $1.3 4.1%Total $27.8 100.0% $27.5 100.0% $30.2 100.0% $31.1 100.0% 12 27
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Portfolio Activity
|
Portfolio Activity
Net Activity by Sector
($ millions)
U.S. TreasuryU.S. Treasury
($3.0) ($2.0) ($1.0) $0.0 $1.0 $2.0
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 ($995,057)Total Net Activity ($995,057) Sales/Maturities Purchases
13 28
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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
$159,224
($4,366)
$41,345
$196,203
1 Year
$584,986
($4,366)
$149,750$730,370
3 Years---- 5 Year---- Since Inception¹ $1,093,496 ($26,313) $331,437 $1,398,620 14 29
© PFM Asset Management LLC pfmam.com |
Portfolio Holdings and Transactions
15 30
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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 N/BDTD 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 5,807.40 2,046,976.74 2,039,750.00 US TREASURY N/BDTD 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 19.57 1,423,294.23 1,398,070.35 US TREASURY N/BDTD 06/01/2020 0.250% 05/31/2025
912828ZT0 1,000,000.00 AA+ Aaa 3/14/2022 3/16/2022 944,687.50 2.04 840.16 988,578.82 974,172.00 US TREASURY N/BDTD 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 15.93 2,305,979.74 2,236,190.00 US TREASURY N/BDTD 02/01/2021 0.375% 01/31/2026
91282CBH3 1,490,000.00 AA+ Aaa 5/2/2022 5/3/2022 1,352,349.61 3.00 941.37 1,441,033.06 1,424,055.58 US TREASURY N/BDTD 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 37.81 1,828,873.56 1,755,148.14 US TREASURY N/BDTD 06/01/2021 0.750% 05/31/2026
91282CCF6 930,000.00 AA+ Aaa 6/6/2022 6/7/2022 850,732.03 3.04 2,344.06 896,908.08 885,752.46 US TREASURY N/BDTD 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 60.34 2,501,124.65 2,377,145.70 US TREASURY N/BDTD 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 1,747.15 785,944.79 771,788.00 US TREASURY N/BDTD 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 2,514.44 846,848.37 843,178.88 US TREASURY N/BDTD 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 5,896.74 974,348.23 997,383.00 US TREASURY N/BDTD 05/01/2023 3.500% 04/30/2028
91282CHA2 1,000,000.00 AA+ Aaa 2/22/2024 2/26/2024 966,484.38 4.39 14,646.74 971,275.47 997,070.00 US TREASURY N/BDTD 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 6,949.73 995,734.26 1,018,945.00 US TREASURY N/BDTD 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 20,400.82 1,019,404.11 1,048,359.00 US TREASURY N/BDTD 11/16/1998 5.250% 11/15/2028
912810FF0 1,000,000.00 AA+ Aaa 4/2/2024 4/3/2024 1,036,093.75 4.38 19,830.16 1,032,221.21 1,064,453.00 16 31
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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 N/BDTD 01/02/2024 3.750% 12/31/2028
91282CJR3 1,000,000.00 AA+ Aaa 4/2/2024 4/3/2024 972,304.69 4.40 9,476.90 974,934.86 1,006,211.00 US TREASURY N/BDTD 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 6,739.13 991,672.11 1,016,406.00 US TREASURY N/BDTD 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 3,639.50 999,545.72 1,027,266.00 US TREASURY N/BDTD 04/01/2024 4.125% 03/31/2029
91282CKG5 1,000,000.00 AA+ Aaa 4/2/2024 4/3/2024 988,632.81 4.38 113.32 989,652.47 1,022,148.00 US TREASURY N/BDTD 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 8,709.58 452,845.68 469,617.30 US TREASURY N/BDTD 07/31/2024 4.000% 07/31/2029
91282CLC3 745,000.00 AA+ Aaa 8/1/2024 8/2/2024 749,627.15 3.86 5,020.65 749,491.15 758,677.46 US TREASURY N/BDTD 09/03/2024 3.625% 08/31/2029
91282CLK5 750,000.00 AA+ Aaa 9/5/2024 9/6/2024 752,314.45 3.56 2,328.21 752,287.44 751,816.50 Security Type Sub-Total 26,215,000.00 25,581,168.76 2.82 118,079.71 25,968,974.75 25,883,603.37 Joint Powers Authority
CAMP Pool 1,260,194.90 AAAm NR 1,260,194.90 0.00 1,260,194.90 1,260,194.90 Security Type Sub-Total 1,260,194.90 1,260,194.90 0.00 1,260,194.90 1,260,194.90 Corporate
TOYOTA MOTOR CREDIT CORPDTD 02/13/2020 1.800% 02/13/2025 89236TGT6 220,000.00 A+ A1 10/13/2021 10/15/2021 225,425.20 1.04 528.00 220,597.77 217,647.54 3M COMPANY (CALLABLE)DTD 08/26/2019 2.000% 02/14/2025
88579YBH3 215,000.00 BBB+ A3 10/13/2021 10/15/2021 222,221.85 0.97 561.39 215,636.31 212,615.01 MASTERCARD INC (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 2.41 350.00 224,627.87 222,624.90 BURLINGTN NORTH SANTA FE(CALLABLE)DTD 03/09/2015 3.000% 04/01/2025 12189LAV3 210,000.00 AA- A2 10/13/2021 10/15/2021 223,351.80 1.12 3,150.00 211,039.50 208,151.16 17 32
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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
DTD 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 5,600.00 399,886.93 396,768.00
APPLE INC (CALLABLE)
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 1,750.00 400,294.08 391,891.20 COMCAST CORP (CALLABLE)DTD 05/27/2015 3.375% 08/15/2025 20030NBN0 205,000.00 A- A3 10/13/2021 10/15/2021 221,514.80 1.22 884.06 207,867.69 203,130.61 BRISTOL-MYERS SQUIBB CO(CALLABLE)DTD 11/13/2020 0.750% 11/13/2025 110122DN5 225,000.00 A A2 3/14/2022 3/16/2022 210,096.00 2.66 646.88 220,450.72 216,680.40 BANK OF AMERICA CORP(CALLABLE)DTD 02/13/2020 2.015% 02/13/2026 06051GHY8 220,000.00 A- A1 10/13/2021 10/15/2021 225,106.20 1.46 591.07 220,562.62 217,489.80 STATE STREET CORP (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 17.33 215,079.15 212,752.82 STATE STREET CORP (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 16.92 211,803.11 207,805.08 JPMORGAN CHASE & CO(CALLABLE)DTD 04/22/2020 2.083% 04/22/2026 46647PBK1 220,000.00 A- A1 10/13/2021 10/15/2021 225,416.40 1.52 2,023.98 220,859.27 216,480.44
ALPHABET INC (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 2.42 765.90 297,784.58 290,752.20 TARGET CORP (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 1.99 102.92 24,980.45 24,010.45 TARGET CORP (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 2.53 823.33 197,519.00 192,083.60 BANK OF AMERICA CORP(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 3,248.00 215,702.26 219,878.32 18 33
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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(CALLABLE)DTD 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 3,397.83 274,046.38 276,494.46 Security Type Sub-Total 4,000,000.00 4,007,642.50 2.21 24,457.61 3,978,737.69 3,927,255.99 Managed Account Sub Total 30,215,000.00 29,588,811.26 142,537.32 29,810,859.36Securities Sub TotalAccrued Interest $31,475,194.90 $30,849,006.16 $142,537.32 $31,071,054.26 $142,537.32
29,947,712.44
$31,207,907.34
2.74 2.74%
Total Investments $31,213,591.58
19 34
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Coupon Amount ($)
Yield
at Market
Realized
Security Description G/L (BV)
BUY8/1/2024 8/2/2024 745,000.00 91282CLC3 US TREASURY N/B 4.00% 7/31/2029 749,789.11 3.86%9/5/2024 9/6/2024 750,000.00 91282CLK5 US TREASURY N/B 3.62% 8/31/2029 752,765.07 3.56% Total BUY 1,495,000.00 1,502,554.18 0.00
INTEREST7/15/2024 7/15/2024 225,000.00 87612EBM7 TARGET CORP (CALLABLE) 1.95% 1/15/2027 2,193.757/31/2024 7/31/2024 1,000,000.00 91282CGH8 US TREASURY N/B 3.50% 1/31/2028 17,500.007/31/2024 7/31/2024 1,000,000.00 91282CHQ7 US TREASURY N/B 4.12% 7/31/2028 20,625.007/31/2024 7/31/2024 1,490,000.00 91282CBH3 US TREASURY N/B 0.37% 1/31/2026 2,793.757/31/2024 7/31/2024 1,000,000.00 91282CJW2 US TREASURY N/B 4.00% 1/31/2029 20,000.008/13/2024 8/13/2024 220,000.00 89236TGT6 TOYOTA MOTOR CREDIT CORP 1.80% 2/13/2025 1,980.008/13/2024 8/13/2024 220,000.00 06051GHY8 BANK OF AMERICA CORP (CALLABLE) 2.01% 2/13/2026 2,216.508/14/2024 8/14/2024 215,000.00 88579YBH3 3M COMPANY (CALLABLE) 2.00% 2/14/2025 2,150.008/15/2024 8/15/2024 300,000.00 02079KAC1 ALPHABET INC (CALLABLE) 1.99% 8/15/2026 2,997.008/15/2024 8/15/2024 205,000.00 20030NBN0 COMCAST CORP (CALLABLE) 3.37% 8/15/2025 3,459.388/15/2024 8/15/2024 875,000.00 9128282R0 US TREASURY N/B 2.25% 8/15/2027 9,843.758/31/2024 8/31/2024 91282CKD2 US TREASURY N/B 4.25% 2/28/2029 21,250.009/3/2024 9/3/2024 57636QAN4 MASTERCARD INC (CALLABLE) 2.00% 3/3/2025 2,250.00 20 35
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 30, 2024
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Coupon Amount ($)
Yield
at Market
Realized
Security Description G/L (BV)
INTEREST9/15/2024 9/15/2024 91282CCX7 US TREASURY N/B 0.37% 9/15/2024 2,156.259/30/2024 9/30/2024 857477BM4 STATE STREET CORP (CALLABLE) 2.90% 3/30/2026 6,164.639/30/2024 9/30/2024 91282CKG5 US TREASURY N/B 4.12% 3/31/2029 20,625.009/30/2024 9/30/2024 912828ZF0 US TREASURY N/B 0.50% 3/31/2025 3,562.509/30/2024 9/30/2024 91282CCZ2 US TREASURY N/B 0.87% 9/30/2026 10,981.259/30/2024 9/30/2024 91282CBT7 US TREASURY N/B 0.75% 3/31/2026 6,881.259/30/2024 9/30/2024 91282CAM3 US TREASURY N/B 0.25% 9/30/2025 2,900.00 Total INTEREST 6,750,000.00 162,530.01 0.00
MATURITY9/15/2024 9/15/2024 1,150,000.00 91282CCX7 US TREASURY N/B 0.37% 9/15/2024 1,150,000.00 Total MATURITY 1,150,000.00 1,150,000.00 0.00
SELL8/1/2024 8/2/2024 600,000.00 91282CCX7 US TREASURY N/B 0.37% 9/15/2024 597,270.04 -3,413.909/5/2024 9/6/2024 750,000.00 91282CCX7 US TREASURY N/B 0.37% 9/15/2024 750,341.38 -952.10 Total SELL 1,350,000.00 1,347,611.42 -4,366.00
21 36
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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. 22 37
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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. 23 38
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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. 24 39
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended September 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. 25 40
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: November 12,2024
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 (1st Quarter FY 24/25) 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 September 30, 2024, attached shows a balance of $29,614.85 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 1st Quarter of Fiscal Year 24/25.
Attachments
1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended September 30, 2024.
Approved and
Forwarded to the
City Council
41 42
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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Annexation No. 41 (Oakley Shops at Laurel Fields) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On July 2, 2024, the City Planning Commission approved a Tentative Parcel Map with certain Conditions of Approval for the proposed Oakley Shops at Laurel Fields project (the “Project”), located at the northeast corner of Laurel Road and O’Hara Avenue.
The Tentative Parcel Map subdivided 8.773 acres into two parcels, one proposed to contain a Safeway grocery store and five additional retail buildings (7.723 acres), and the other to contain a gas station and convenience store (1.050 acres). This parcel configuration has been recorded as Parcels 1 and 2 of Minor Subdivision Map 24-976 on August 20, 2024.
The Conditions of Approval for the Project require the property owners to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. On January 12, 2016, the Oakley City Council formed City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (CFD No. 2015-2”). CFD No. 2015-2 authorizes the annual levy of a special tax on parcels located within CFD No. 2015-2 to mitigate their financial impact to the City’s parks, streetlighting, landscape and stormwater service budgets. The property owners for the Project have requested the City assist them with the annexation of their development into CFD No. 2015-2 to satisfy their conditions of approval.
Prior to tonight’s City Council meeting, the property owners for the Project executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owners in favor of annexing their property to CFD No. 2015-2 including the subsequent annual levy of special taxes to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
43 STAFF REPORT
2 CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their project to CFD No. 2015-2. The Fiscal Year 2024-25 special tax rates per non-residential acre are as follows:
The Project is anticipated to consist of 8.773 taxable non-residential acres. Therefore, successful annexation of the Project into CFD 2015-2 could provide up to $28,939 (in Fiscal Year 2024-25 dollars) in revenue annually when all commercial buildings are constructed. The taxes will be collected on the property tax rolls commencing in Fiscal Year 2025-26.
Staff Recommendation
The conditions of approval for the Project require the property owner to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommend that the City Council:
1. Adopt a Resolution Approving the Annexation (Annexation No. 41) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Attachments
1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
1. Exhibit A – Description of Services
2. Exhibit B – Cost Estimate
3. Exhibit C – Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 37
Fiscal Year 2024-25 Maximum Special Tax Rates per Non-Residential Acre Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $510.36
Community Parks Maintenance Tax $1,127.04
Streetlighting Maintenance Tax $222.52
Neighborhood Parks & Landscape Maintenance Tax $0.00
Stormwater/Water Quality Maintenance Tax $1,438.78
Total $3,298.70
44 STAFF REPORT
3 CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US
2. Resolution Approving the Annexation (Annexation No. 41) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
3. Map – Annexation No. 41 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
4. Amendment No. 41 to Notice of Special Tax Lien – City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) 45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 Resolution No. XX-24 Page 1 of 2
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE ANNEXATION (ANNEXATION NO. 41) OF PROPERTY LOCATED IN THE
FUTURE ANNEXATION AREA OF
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) RESOLVED by the City Council (the “Council”) of the City of Oakley (the “City”), County of Contra Costa, State of California, that:
WHEREAS, this Council has adopted a resolution entitled “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)” (the “CFD”) and (ii) the "City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Future Annexation Area)," authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”).
WHEREAS, under the Resolution of Formation and a resolution calling special election heretofore adopted by this Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the Act.
WHEREAS, on January 12, 2016, a special election was held among the landowner voters within the CFD, wherein such propositions were approved by the two-thirds vote required by the Act, as confirmed by resolution of this Council.
WHEREAS, on January 19, 2016, a notice of special tax lien (the “Notice of Special Tax Lien”) was recorded with the Contra Costa County Recorder’s office, thereby giving notice that the lien to secure payment of the Special Tax was imposed on the land in the CFD.
WHEREAS, the owners (the “Property Owners”) of Parcels 1 and 2 of Minor Subdivision Map 24-976 located within the Future Annexation Area (the “Property”) have agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.
WHEREAS, pursuant to the Act, the Property Owners have executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owners in favor of the annexation of the Property to the CFD and the levy of the Special Tax.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:
62 Resolution No. XX-24 Page 2 of 2
1. Recitals. The foregoing recitals are all true and correct.
2. Approval of Annexation. The City Council hereby determines that Parcels 1 and 2 of Minor Subdivision Map 24-976 are annexed into Tax Zone No. 37 of the CFD.
3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Parcels 1 and 2 of Minor Subdivision Map 24-976 are added to the CFD.
4. Boundaries Described. The revised boundaries of the CFD including Parcels 1 and 2 of Minor Subdivision Map 24-976 are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.
5. General Authority; Ratification of Previous Actions. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transactions described herein or to otherwise effectuate the purposes of this resolution. Any actions previously taken by such officers that are consistent with the purposes of this resolution are hereby ratified and confirmed.
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Oakley this 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_____
Anissa Williams, Mayor
ATTEST:
_______
___________
Libby Vreonis, City Clerk Date
63 CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2024.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 41 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),
CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2024, BY ITS RESOLUTION No. _______________.
FILED THIS _______ DAY OF ________________, 2024, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________
LIBBY VREONIS, CITY CLERK
CITY OF OAKLEY
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
SHEET 1 OF 2
THIS ANNEXATION MAP ANNEXES TERRITORY TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS,
STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),
CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, ON THE 9TH DAY OF
NOVEMBER, 2015 IN BOOK 85 OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICT AT PAGE 20.
NOTE:
_______________________________
COUNTY RECORDER
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 41 - TAX ZONE NO. 37
SEE SHEET 2
ANNEXATION MAP No. 41 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF
LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
PARCELS 1 AND 2 OF MINOR SUBDIVISION MAP 24-976.
64 ±
SHEET 2 OF 2
Laurel Road
O'H
a
r
a
A
v
e
n
u
e
Parcel 2 of
Minor Subdivision Map 24-976
recorded on August 20, 2024
Parcel 1 of
Minor Subdivision Map 24-976
recorded on August 20, 2024
0 100 200
Feet
Legend
CFD No. 2015 Tax Zone 37
Parcel Lines
Annexation No. 41 - Tax Zone No. 37
(Oakley Shops at Laurel Fields)
ANNEXATION MAP No. 41 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2
CITY OF OAKLEY
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 65 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 41 TO
NOTICE OF SPECIAL TAX LIEN
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 41 - Tax Zone No. 37
(Oakley Shops at Laurel Fields)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.
This Amendment No. 41 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15- 234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 41 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2024, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.
The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5. 66 2
Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.
The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 41 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Oakley, City Hall, 3231 Main Street, Oakley, California 94561, telephone number (925) 625-7000.
Dated: As of _____________, 2024
By:
Libby Vreonis, City Clerk,
City of Oakley
67 Exhibit A
EXHIBIT A
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 41 – Tax Zone No. 37
PARCEL DESCRIPTION AND OWNER OF LAND WITHIN
ANNEXATION NO. 41 – TAX ZONE NO. 37
Parcel Description Name(s) of Property Owner(s)
Parcel 1 of Minor Subdivision Map 24-976
Parcel 2 of Minor Subdivision Map 24-976
Oakley Regency, LLC
Safeway Inc.
68 Exhibit B
EXHIBIT B
CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)
SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 37
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.
Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 41 will be annexed to Tax Zone No. 37 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of 69 Exhibit B
complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property.
“Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 70 Exhibit B
“Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.).
“Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
71 Exhibit B
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a Non-Residential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – Out of Compliance.
72 Exhibit B
“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property.
“Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized 73 Exhibit B
Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. “Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015-2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner(s) of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015-2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.
B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2015-2. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (ii) the Special Tax Requirement for each Special Tax Component for the then-current Fiscal Year. Each Special Tax Component shall be levied only to pay for the related Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for 74 Exhibit B
the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.
C. MAXIMUM SPECIAL TAXES
1. Developed Property - The Fiscal Year 2024-25 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:
Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one-acre parcel has commercial on the ground floor and 50 condominiums on the second floor the property owner will be charged the NonResidential Parcel rate for one acre and the Condominium Parcel Rate for the 50 condominiums.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $170.12 per Parcel Regional Park Maintenance Tax Condominium Parcel $127.59 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $85.06 per Unit Regional Park Maintenance Tax Non-Residential Parcel $510.36 per Acre Community Parks Maintenance Tax Single-Family Parcel $375.68 per Parcel Community Parks Maintenance Tax Condominium Parcel $281.76 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $187.85 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,127.04 per Acre Streetlighting Maintenance Tax Single-Family Parcel $74.17 per Parcel Streetlighting Maintenance Tax Condominium Parcel $55.63 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $37.09 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $222.52 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $0.00 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $0.00 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $0.00 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,438.78 per Acre Table 1: Developed Property
FY 2024-25
Maximum
Tax
75 Exhibit B
2. Undeveloped Property - The Fiscal Year 2024-25 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:
3. Escalation of Maximum Special Tax
On July 1, 2025, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.
Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $510.36 per Acre Regional Park Maintenance Tax Condominium Parcel $382.77 per Acre Regional Park Maintenance Tax Multi-Family Parcel $255.18 per Acre Regional Park Maintenance Tax Non-Residential Parcel $255.18 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,127.04 per Acre Community Parks Maintenance Tax Condominium Parcel $845.28 per Acre Community Parks Maintenance Tax Multi-Family Parcel $563.52 per Acre Community Parks Maintenance Tax Non-Residential Parcel $563.52 per Acre Streetlighting Maintenance Tax Single-Family Parcel $222.52 per Acre Streetlighting Maintenance Tax Condominium Parcel $166.88 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $111.27 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $111.27 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $0.00 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $0.00 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $0.00 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,438.78 per Acre Maximum
Table 2: Undeveloped Property
FY 2024-25
Tax
76 Exhibit B
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property as follows:
Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.
The Special Tax for CFD No. 2015-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2015-2, and the Special Tax shall be subject to foreclosure if delinquent regardless of the manner in which it was collected.
E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
77 Exhibit B
G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.
H. REPEAL OF THE SPECIAL TAX
CFD No. 2015-2 was established to levy the Special Tax to finance the Authorized Services as a condition of the entitlement to develop the Developed Property in CFD No. 2015-2. If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2015-2, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied.
I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
78 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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Ratify Election: Adopt Ordinance No. 14-24 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 193 within the Oakley Special Police Tax Area for Police Protection Services for the Oakley Shops at Laurel Fields project located at 998 Laurel Road (Parcels 1 and 2 of Minor Subdivision Map 24-976)
Background and Analysis
On July 2, 2024, the City Planning Commission approved a tentative parcel map with certain Conditions of Approval for the proposed Oakley Shops at Laurel Fields project (the “Project”). The Project is designated as Commercial (CO) in the Oakley 2020 General Plan and zoned RB (Retail Business) District on the City of Oakley Zoning Map. The Project is currently comprised of Parcels 1 and 2 of Minor Subdivision Map 24-976: Parcel 1 containing a 78,645 square foot shopping center and Parcel 2 containing a 3,083 square foot service station.
The Conditions of Approval for the Project require the property owners to mitigate the financial impact that their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owners for the Project have requested the City assist with annexing the project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.
On September 10, 2024, the City Council introduced Ordinance No. 14-24 which would authorize a special tax for police services within Zone 193 subject to property owner voter approval. On October 11, 2024, the City Clerk conducted the property owner election. There were two (2) ballots issued to the property owners representing the Project. The City Clerk tabulated the property owner ballots, and the property owners were in favor of annexing into the Oakley Special Police Tax Area as Zone 193.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.
Approved and
Forwarded to the
City Council
79 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 193 to the Oakley Special Police Tax Area. The Fiscal Year 2024-25 special tax rate is $5,322.56/parcel for shopping center parcels and $2,661.28/parcel for service station parcels (Fiscal Year 2024-25 rates).
The project is anticipated to consist of one shopping center parcel and one service station parcel at build-out. Therefore, the successful creation of the Zone is expected to provide up to $7,983.84 (in Fiscal Year 2024-25 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in Fiscal Year 2025-26.
Staff Recommendation
Staff recommend that the City Council ratify the election and adopt Ordinance No. 14- 24 authorizing the levy of a special tax on parcels of land within Tax Area Zone 193 within the Oakley Special Police Tax Area for Police Protection Services for the Oakley Shops at Laurel Fields project located at 998 Laurel Road (Parcels 1 and 2 of Minor Subdivision Map 24-976).
Attachments
1. Two (2) Signed Ballots
2. Ordinance No. 14-24
1. Exhibit A – Boundary Map for Police Tax Area Zone 193
2. Exhibit B – Tax Rate Schedule for Fiscal Year 2024-25 80 81
82 Ordinance No. 14-24 Page 1 of 4
ORDINANCE NO. 14-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 193 WITHIN THE
OAKLEY SPECIAL POLICE TAX AREA FOR A SPECIAL TAX FOR POLICE
PROTECTION SERVICES FOR THE OAKLEY SHOPS AT LAUREL FIELDS PROJECT LOCATED AT 998 LAUREL ROAD (PARCELS 1 AND 2 OF MINOR SUBDIVISION MAP 24-976)
The Voters of the City of Oakley do ordain as follows:
Section 1. Purpose, Intent and Authority.
It is the purpose and intent of this Ordinance to authorize the levy of a special tax on real property that is within Oakley Special Police Tax Area Zone 193 of the Oakley Special Police Tax Area as shown on the Exhibit A map attached hereto in order to provide funding for police protection to serve the property and persons within said Zone.
This Tax is a special tax within the meaning of Section 4 of Article XIIlA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law.
The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 193.
This Ordinance is enacted pursuant to the authority of Government Code Section 53978.
Section 2. Definitions.
The following definitions shall apply throughout this Ordinance.
A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services for the City of Oakley's cost of obtaining police services. The base amount shall be the 83 Ordinance No. 14-24 Page 2 of 4
amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.
B. "Fiscal year" means the period of July 1 through the following June 30.
C. "Oakley Special Police Tax Area" includes all properties within the jurisdictional limits of the City of Oakley.
D. Oakley Special Police Tax Area Zone 193 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.
E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 193, nor any land or improvements owned by any governmental entity.
F. Pursuant to Government Code §53978, "voter" means a person owning real property within the Zone at the time this Ordinance was adopted, as shown on the last equalized assessment role prepared by the Contra Costa County Assessor's Office.
Section 3. Amount and Level of Taxes.
The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2024 through June 30, 2025) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
84 Ordinance No. 14-24 Page 3 of 4
B. For Subsequent Fiscal Year:
The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2025, by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
In no event shall the tax per parcel for any fiscal year be less than the amount established for the previous fiscal year.
C. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.
Section 4. Collection and Administration.
A. Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.
B. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which the County of Contra Costa collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exceptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
i) The secured roll tax bills shall be the only notices required for this tax, and ii) The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
C. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
85 Ordinance No. 14-24 Page 4 of 4
Section 5. Severability Clause.
If any article, section, subsection, sentence, phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.
Section 6. Effective Date and Posting.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on October 11, 2024, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2025. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.
PASSED AND ADOPTED by the City Council of the City of Oakley this 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ __________________
Libby Vreonis, City Clerk Date
86 Laurel Rd
O'H
ara
Av
e
Parcel 1 of Minor Subdivision Map 24-976
recorded on August 20, 2024
Parcel 2 of Minor Subdivision Map 24-976
recorded on August 20, 2024
EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 193
CITY OF OAKLEY
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
OAKLEY SHOPS AT LAUREL FIELDS
Legend
Zone 193 Boundary
Parcel Lines
87 PROPERTY USE
CODE CATEGORY DESCRIPTION
FY23/24 TAX
PER PARCEL
FY24/25 TAX
PER PARCEL
11 Single Family Residence – 1res., 1 site $1,282.30 $1,330.64 12 Single Family Residence – 1 res., 2 or more sites $1,282.30 $1,330.64 13 Single Family Residence – 2 res., on 1 or more sites $2,051.68 $2,129.02 14 Single Family Residence – other than single fam. Land $1,282.30 $1,330.64 15 Misc. Improvements – 1 site $1,282.30 $1,330.64
16 Misc. Improvements – 2 or more sites $1,282.30 $1,330.64 17 Vacant – 1 site $641.15 $665.32
18 Vacant – 2 or more sites $641.15 $665.32
19 Single Family Residence – Det. W/common area $1,282.30 $1,330.64 20 Vacant – Multiple $641.15 $665.32
21 Duplex $2,051.68 $2,129.02
22 Triplex $3,077.52 $3,193.54
23 Fourplex $4,103.36 $4,258.05
24 Combinations $1,282.30 $1,330.64
25 Apartments (5 –12 Units) $5,129.20 $5,322.56
26 Apartments (13 – 24 Units) $13,335.92 $13,838.66
27 Apartments (25 – 59 Units) $25,646.00 $26,612.80
28 Apartments (60+ units) $61,550.40 $63,870.72
29 Attached PUDs: Cluster Homes, Condos, etc. $1,282.30 $1,330.64 30 Vacant – Commercial $641.15 $665.32
31 Commercial Stores – Not Supermarkets $2,564.60 $2,661.28 32 Small Grocery Stores – (7-11, etc.) $3,846.90 $3,991.92 33 Office Buildings $2,564.60 $2,661.28
34 Medical, Dental $2,564.60 $2,661.28
35 Service Stations, Car Wash $2,564.60 $2,661.28
36 Garages $2,564.60 $2,661.28
37 Community Facilities (Recreational, etc.) $5,129.20 $5,322.56 38 Golf Courses $2,564.60 $2,661.28
39 Bowling Alleys $1,282.30 $1,330.64
40 Boat Harbors $3,205.75 $3,326.60
41 Supermarkets – (not shopping centers) $3,846.90 $3,991.92 42 Shopping Centers $5,129.20 $5,322.56
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,282.30 $1,330.64 44 Motels, Hotels & Mobile Home Parks $6,411.50 $6,653.20 45 Theaters $2,885.18 $2,993.94
46 Drive-in Restaurants $1,923.45 $1,995.96
47 Restaurants $1,923.45 $1,995.96
48 Multiple & Commercial $1,923.45 $1,995.96
49 New Car Agencies $1,923.45 $1,995.96
50 Vacant Land (not part of Ind. Park or P. & D.) $480.86 $498.99 51 Industrial Park $3,846.90 $3,991.92
52 Research & Development $1,923.45 $1,995.96
53 Light Industrial $1,923.45 $1,995.96
54 Heavy Industrial $1,923.45 $1,995.96
55 Mini Warehouses (public storage) $3,846.90 $3,991.92 56 Misc. Improvements $3,846.90 $3,991.92
61 Rural, Res., Improvement 1A-10A $961.73 $997.98
62 Rural, w/or w/o structure 1A-10A $961.73 $997.98
70 Convalescent Hospitals / Rest Homes $1,923.45 $1,995.96 73 Hospitals $1,923.45 $1,995.96
74 Cemeteries / Mortuaries $1,923.45 $1,995.96
75 Fraternal & Service Organizations $1,923.45 $1,995.96 76 Retirement Housing Complex $6,411.50 $6,653.20
78 Parks & Playgrounds $3,846.90 $3,991.92
85 Public & Private Parking $1,923.45 $1,995.96
87 Common Area $1,923.45 $1,995.96
88 Mobile Homes $961.73 $997.98
89 Other (split parcels in different tax code areas) $961.73 $997.98 99 Homeowner's Association Owned Common Areas $769.38 $798.38
CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2023-24 in the San Francisco-Oakland-Bay Area Consumer Price 3.77% Index for all Urban Consumers.
CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2024/2025
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.
6/19/2024 88
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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Consideration of a Resolution Obligating the Remaining American Rescue Plan Act Funding
Background and Analysis
In June of 2021 the initial disbursement of American Rescue Plan Act (ARPA) funding was received by the City. Over the last three years Oakley has continued to utilize this funding for things such as small business relief, community benefits, tourism, technology, capital improvements, and much more.
Grant dollars must be obligated by December 31, 2024 and must be spent no later than December 31, 2026. The US Code of Federal Regulations recently defined “obligation” as an order placed on property and services and entering into contracts, subawards, and similar transactions that require payment.
ARPA allows local governments to use up to $10 million of the funding as a standard allowance to replace revenue loss. It was originally understood that a City Council approved resolution would be enough to obligate the funds as of December 31, 2024. Staff now understands, this is not the case and is recommending the following plan to ensure funds meet the definition of “obligated”.
To date the City of Oakley has spent $3,697,320.54. We have in contract another $1,476,536.20 which meets the definition of obligated and no changes are recommended at this time. These contracts include new EERP Software from Tyler Technologies, East Cypress Corridor Specific Plan, and CIP 302 Design for East Cypress Road Widening Phase 3.
The remaining $4,559,836.03 does not meet the definition of obligated as it is currently only allocated by council resolution. Staff recommends switching the funding provided by the general fund to CIP 310 E. Cypress Road Widening Phase 2 with the special projects currently identified in ARPA funding. Staff expects a contract to be awarded before December 31, 2024 and spent by December 31, 2026 for CIP 310 E. Cypress Road Widening Phase 2 and therefore will meet the definition of obligated. Staff recommends keeping all funding allocated to the same project specific items and moving funding to a new fund that staff can continue to Approved and
Forwarded to the
City Council
89 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US track separately and provide updates to Council on spending. This does not reduce any funding to any specific project and simply allows us to obligate the American Rescue Plan Act as required by the grant. CIP 310 E. Cypress Road Widening Phase 2 will remain fully funded. The following transfers are requested.
1. Transfer $4,000,000 from Fund 201 General Capital Projects to Fund 220 Special Community Projects.
2. Transfer $559,836.03 from Fund 235 Street Maintenance Rehabilitation to Fund 220 Special Community Projects.
3. Move the Allocation of $4,559,836.03 from CIP 310 from funds 201 and 235 (as described in 1 & 2 above) to Fund 120 ARPA.
4. Move the Allocations for technology, business support, police recruitment, tourism, and project CIP 318 Library from Fund 120 ARPA to Fund 220 Special Community Projects.
As Fund 220 will be money allocated from the General Fund, any funding not spent where currently allocated will come back to council to determine how it should be spent if necessary, in the future.
Lastly, ARPA funding of $266,307.23 was allocated and not spent and needs to be re-allocated and obligated by December 31, 2024. Staff recommends the following allocations. This funding would remain in Fund 120 ARPA as it will meet the definition of obligated by the December deadline.
1. O’Hara Middle School Playground Surfacing Project $49,999.
2. O’Hara Middle School Playground Repair Project $12,686.21.
3. Furniture for the Public Works Building $10,000.
4. Vintage Parkway School Playground Replacement $193,622.02. (This does not fully fund the project. There is a separate staff report the further defines funding for this project.)
Staff asks for some flexibility in the above numbers to change slightly as invoices continue to be paid. This flexibility will not allow staff to move funding from anything allocated by Council, rather it would allow for amounts between spent and obligated or transferred to change if needed.
Consistency with the Oakley Strategic Plan 27+
The approval of this resolution is consistent with the SP 27+ Finance and Fiscal Responsibility Goal to leverage the City’s financial resources for the long-term benefit of our residents and businesses.
Fiscal Impact
The fiscal impact of this item will simply transfer funding between funds and will not increase funding in any of the above-mentioned funds.
90 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff Recommendation
Consideration of a Resolution Obligating the Remaining American Rescue Plan Act Funding.
Attachments
1. Resolution
2. ARPA Detail Worksheet
91 Resolution No. XX-24
RESOLUTION NO. X-24
A Resolution OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE
OBILGATION AND RE-ALLOCATION OF AMERICAN RESCUE PLAN ACT
FUNDING
WHEREAS, in June of 2021 the initial disbursement of American Rescue Plan Act (ARPA) funding was received by the City, and
WHEREAS, grant rules require the funds to be obligated by December 31, 2024 and spent by December 31, 2026, and
WHEREAS, obligated was defined by the US Code of Federal Regulations as an order placed on property and services and entering into contracts, subawards, and similar transactions that require payment, and
WHEREAS, to date the City has spent $3,697,320.54 and obligated $1,476,536.20, and WHEREAS, staff is recommending obligating the remaining $4,559,836.03, and $266,307.23. This does not reduce any funding to any specific project.
BE IT RESOLVED by the City Council of the City of Oakley hereby approves a resolution obligating the remaining ARPA funding as follows:
1. Transfer $4,000,000 from Fund 201 General Capital Projects to Fund 220 Special Community Projects.
2. Transfer $559,836.03 from Fund 235 Street Maintenance Rehabilitation to Fund 220 Special Community Projects.
3. Move the Allocation of $4,559,836.03 from CIP 310 from funds 201 and 235 (as described in 1 & 2 above) to Fund 120 ARPA.
4. Move the Allocations for technology, business support, police recruitment, tourism, and project CIP 318 Library from Fund 120 ARPA to Fund 220 Special Community Projects.
5. O’Hara Middle School Playground Surfacing Project $49,999.
6. O’Hara Middle School Playground Repair Project $12,686.21.
7. Furniture for the Public Works Building $10,000.
8. Vintage Parkway School Playground Replacement $193,622.02. (This does not fully fund the project. There is a separate staff report the further defines funding for this project.)
PASSED, APPROVED AND ADOPTED this ___ day of __________ 2024 by the following vote.
AYES:
92 Resolution No. XX-24
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ________
Libby Vreonis, City Clerk Date
93 CC Date Item Amount Allocated Amount Spent to Date Obligated Move to Reallocate unused Balance Stay in 120 Fund 220 ARPA Funding
Salaries 177,190.00
Total Salaries 177,190.00 177,190.00 0 0 0 -
Total Technology Enhancements 2,827,383.00 997,188.43 1,122,886.87 707,307.70 - 0.00 1/25/2022 Technology Enhancements 3,300,000.00 -
2/13/2024 Reduce Software/Technology (472,617.00)
Total Contracts 200,000.00 124,999.14 57,157.86 - 17,843.00 - 1/25/2022 Broadband Feasibility Study/Fiber Master Plan 50,000.00 1/25/2022 ARPA Consulting Support 50,000.00
1/23/2024 East Cypress Corridor Specific Plan (“ECCSP” or “Specific Plan”) 100,000.00 Total Community Benefit 302,150.00 276,246.20 4,701.97 - 21,201.83 - 1/25/2022 Social Services Needs in the Community 180,000.00 2/28/2023 Recreation Classes 60,000.00
2/28/2023 Senior Citizen Club 20,000.00
5/10/2022 Free Summer Camp Sessions 2022 34,000.00
7/12/2022 Social Services Needs in the Community 8,150.00 Total CIP 302 378,503.00 17,753.50 291,789.50 - 68,960.00 - 6/11/2023 CIP 302 E.CYPRESS RD WIDENING(JERSEY TO BETHEL ISLAND) 378,503.00 Total Business Support 1,100,000.00 606,953.97 - 488,646.03 4,400.00 - 1/25/2022 Business Support 1,000,000.00
8/9/2022 E-Gift Card Program 100,000.00
Total Library 3,000,000.00 - - 3,000,000.00 - -
2/13/2024 Library 3,000,000.00
Total Police Recruitment 250,000.00 137,852.70 - 112,147.30 - - 10/25/2022 Police Recruitment Services 250,000.00
Total Tourism 300,000.00 48,265.00 - 251,735.00 - -
2/28/2023 Tourism 300,000.00
Total Fire Hydrant Maintenance 150,000.00 150,000.00 - - - - 5/10/2022 Fire Hydrant Maintenance 150,000.00
Total CIP 285 21,497.00 21,496.97 - - 0.03 -
5/10/2022 CIP 285 Bethel Island Road Design Project 400,000.00 5/10/2022 Reduce CIP 285 Bethel Island Road Design Project (378,503.00) Total CIP 189 200,000.00 64,112.09 - - 135,887.91 -
5/10/2022 CIP 189 Piper Lane Drainage Channel Trash Capture 200,000.00 Total CIP 249 300,000.00 302,839.23 - - (2,839.23) -
5/10/2022 CIP 249 Recreation Center Emergency Generator 300,000.00 Total COVID Costs 30,467.00 30,467.44 - - (0.44) -
1/25/2022 City Employee COVID Costs 250,000.00
2/13/2024 Reduce COVID Expenses (219,533.00)
Total Consulting 60,000.00 59,972.50 - - 27.50 -
6/11/2023 Library Feasibility Analysis 60,000.00
Total CIP 286 50,000.00 34,736.98 - 15,263.02 -
6/11/2023 CIP 286 City Hall Solar 50,000.00
Total CIP 228 100,000.00 100,000.00 - - - -
6/11/2023 CIP 228 Civic Center Emergency Generator 100,000.00 Total CIP 215 150,000.00 149,580.00 - - 420.00 -
2/13/2024 CIP 215 Downtown Parking Lot 150,000.00
Total CIP 280 550,000.00 550,000.00 - - - -
2/13/2024 CIP 280 Laurel Road Widening 550,000.00
Total Scissor Lift 20,000.00 19,858.44 - - 141.56 -
2/13/2024 Scissor Lift 20,000.00
Total Teen Center 10,000.00 4,997.95 - - 5,002.05 -
2/13/2024 Teen Center 10,000.00
Totals to Date 10,000,000.00 3,697,320.54 1,476,536.20 4,559,836.03 266,307.23 0.00 - - (0.00)
11/12/2024 O'Hara Middle School Playground Surfacing Renovation - 49,999.00 - (49,999.00) 11/12/2024 O'Hara Middle School Playground Repair - 12,686.21 - (12,686.21) 11/12/2024 Vintage Parkway School Playground Replacement - 193,622.02 - (193,622.02) 11/12/2024 Furniture Replacement for the Public Works Operations Building - 10,000.00 - (10,000.00) Totals to Date - - 266,307.23 - - (266,307.23)
-
Reallocate Unused ARPA funding
94 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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution for the Award of Construction Contract to Specified Play Equipment Company for the construction of a new Playground and Surfacing at Vintage Parkway Elementary School
Background and Analysis
On January 12, 2024, the City of Oakley and Oakley Union Elementary School District reached an agreement that defined roles and responsibilities related to the use of playgrounds and athletic fields that are on Oakley Union Elementary School District property and used by the public. This agreement superseded the previous such agreement that was executed over 20 years ago.
As part of the new agreement, the City of Oakley would remove and replace the small kids (2 to 5 year olds) playground at Vintage Parkway Elementary School, remove and dispose of the big kids (5 to 12 year olds) playground at O'Hara Park Middle School and rehabilitate the small kids (2 to 5 years olds) playground at O'Hara Park Middle School to ensure these playgrounds meet the current safety standards and would be maintained by the City of Oakley.
Staff have worked over the past several months to develop and design the plan for the construction of the new playground at Vintage Parkway Elementary School that is within the allocated funding for this project. The new playground plan was reviewed and approved by the Oakley Union Elementary School District and brings a safe and functional playground to the site for the enjoyment of the area residents and the public.
In addition to the new playground, there will be new rubber tile safety surfacing under the play equipment that will complement the new playground.
The City of Oakley is a member and participant of Sourcewell, a municipal contracting agency. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs rather than paying higher costs associated with individual procurement. Sourcewell serves all educational, government, and nonprofit agencies nationwide and offers cooperative contracted products and equipment to government entities throughout the United States. All Sourcewell contracts are competitively solicited nationwide to ensure the best value, with Specified Play Equipment Company selected as a qualified provider for playground and related equipment.
Approved and
Forwarded to the
City Council
95 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US The final design for the playground submitted by Specified Play Equipment Company provides an excellent representation of the site. The company offers a unique service warranty, which includes on-site repairs covered under warranty. Unlike other companies that simply send replacement parts, Specified Play Equipment Company provides a 15-year warranty on labor, ensuring free re-installation labor for all warranty-covered replacement parts.
The playgrounds that are designed and constructed for municipalities by Specified Play Equipment Company go through extensive research and analysis to ensure that it provides children of all abilities, ages, and comfort levels to enjoy the enriching benefits of a playground together.
The construction of this project is anticipated to start in late 2024 with demolition and disposal of the existing playground followed up with the start of construction of the new playground in early 2025 and completion in spring 2025.
Consistency with the Oakley Strategic Plan 27+
This project is consistent with the Oakley Strategic Plan 27+ Park and Open Space Goals.
Fiscal Impact
The fiscal impact of this project will be $248,715.71. Staff recommends funding the project from the American Rescue Plan Act as well as Park Impact Fees. $193,622.02 will be obligated through ARPA funding and the remaining $55,093.69 will come from Park Impact Fees. The Oakley Union Elementary School District will contribute a onetime amount of $223,131 as defined in the Joint Use Side Agreement that staff recommends is utilized for demolition and maintenance of the existing playground.
Staff Recommendation
Staff recommend that the City Council adopt the resolution approving the construction agreement with Specified Play Equipment Company for the Vintage Parkway Elementary School playground and surfacing for an amount not to exceed $248,715.71.
Attachments
1. Resolution
2. Specified Play Equipment Company - Proposal for Playground and Surfacing at Vintage Parkway Elementary School
96 Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING A CONSTRUCTION AGREEMENT TO SPECIFIED PLAY
EQUIPMENT COMPANY FOR THE CONSTRUCTION OF A PLAYGROUND
AND SURFACING AT VINTAGE PARKWAY ELEMENTARY SCHOOL
WHEREAS, the City of Oakley and Oakley Union Elementary School District on January 12, 2024, reached an agreement that defined roles and responsibilities related to the use of playgrounds and athletic fields that are on Oakley Union Elementary School District property and used by the public; and WHEREAS, this agreement required the City of Oakley to replace the existing 2 to 5 age group playground at Vintage Parkway Elementary School with a new playground and surfacing; and
WHEREAS, staff have worked over the past several months to develop and design a plan for a new playground at Vintage Parkway Elementary School; and WHEREAS, staff worked with Specified Play Equipment Company to negotiate and finalize a cost proposal for the construction of a new playground and surfacing; and
WHEREAS, Specified Play Equipment Company submitted the cost proposal of $248,715.71 for the construction of this project; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Construction Agreement with Specified Play Equipment Company for the construction of a playground and surfacing at Vintage Parkway Elementary School is approved for an amount not to exceed $248,715.71, and the City Manager is authorized to execute an Agreement.
Funding will be from the American Rescue Plan Act in the amount of $193,622.02 and the Park Impact Fee of $55,093.69.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on November 12, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
97 Resolution No. __-24 Page 2
APPROVED:
_______________________
Anissa Williams, Mayor
ATTEST:
Libby Vreonis, City Clerk Date
98 Turnkey Playground Equipment & Installation Proposal 10/25/2024
Vintage Parkway Playground
Prepared for:
Kevin Rohani and Jesse Dela Cruz
City of Oakley
1 99
www.specplay.com
[email protected]
800.475.1071
Table of Contents
Table of Contents
2 100
www.specplay.com
[email protected]
800.475.1071
Specified Play Equipment Company’s mission is to
develop self-regulated play experiences for people of all ages and abilities to exercise risk, failure, and mastery.
As Experts in Play, Sport and Park
We Consult, Collaborate, Design and Construct
Mission Statement
3 101
www.specplay.com
[email protected]
800.475.1071
Understanding of Project
Specified Play Equipment Company was contacted by the City of Oakley to provide a proposal for playground equipment and installation at Vintage Parkway Elementary located at 1000 Vintage Parkway in Oakley, CA.
The existing playground is dilapidated and unsafe for public use.
The playground is used by both the City of Oakley as well as the Oakley Union Elementary School District.
The City requested collaboration with the City’s preferred playground surfacing vendor SofSurfaces, and that the
procurement of new play equipment, new safety surfacing, and installation of both be included in the proposal under the national cooperative purchasing contract, Sourcewell.
A maximum budget of $270,000 was disclosed as a cannot exceed amount for the project.
Through thoughtful design and collaboration with the City, preferred vendors and the use of Sourcewell, Specified Play Equipment Company is able to provide a safe, accessible, inclusive, and developmentally enriching playground for only $248,715.71.
The City required the following Scope of Work be included in the proposal:
• Procurement of Play Equipment and Sofsurfaces Tile Safety Surfacing. • Receive and Offload of equipment by installer. To include storage if needed. • Installation of new play equipment by factory certified installers. Prevailing wages. • Installation of new play surfacing by factory certified installers. Prevailing wages. • 3
rd Party CPSI Inspection of play equipment and surfacing. • Payment & Performance Bonds
Collaborative efforts by the City to include:
• Demo and Disposal of the existing play equipment, shade posts, and associated footings. • Removal/Disposal of the existing deteriorated rubberized surfacing in the playground. • Preparing base rock subbase to Sofsurfaces requirements for new safety surfacing subbase. • Temporary Fencing (already in place as the existing equipment is unsafe for public use and not being used by public)
City Requirements for Playground and Surfacing
• The equipment must be 100% ASTM, CPSC, and ADA compliant. • Must be inclusive and accessible and provide ample developmental benefits for children ages 5-12 of all ability levels.
• The surfacing and playground equipment must have industry leading warranties and track records for durability and safety. • The equipment design must provide clear lines of sight for supervision, fall heights of no more than 8’, and must exceed ADA requirements for ground level accessible and transfer accessible play events. • Equipment must be designed to mitigate vandalism and maintenance needs.
• Equipment must have a short lead time and spare parts (if needed) must be readily available.
4 102
www.specplay.com
[email protected]
800.475.1071
Current Site Conditions: Vintage Parkway
The Existing Playground is far beyond its
useful life and is no longer safe for public
use.
The Equipment is aged beyond current
safety standards and has severely broken
equipment and wide spread vandalism
evident.
The approximately 2960 SF site has been
closed and the playground is inaccessible to
the public. Temporary Fencing is currently in
place.
The safety surfacing (pour in place rubber)
varies in thickness from approximately 3” to
5”+, and no longer safe to use due to aging
and loss of fall attenuation properties as
well as vandalism, holes, and plant matter
growing through it.
Proposed SiteExisting Conditions
5 103
6 104
7 105
Specified Play Equipment Company is very pleased to present this equipment design for consideration for the Vintage Parkway Playground located in Oakley. Our manufacturer, BCI Burke Company, LLC has been providing recreational playground equipment for over 100 years and has developed the right mix of world-class capabilities to meet the initial and continuing needs of City of Oakley Parks/Rec. Please see the important details below which documents the safety, accessibility, and inclusivity of the proposed equipment:
Playground General Data:
• ASTM F1487 Compliant: Yes
• CPSC Compliant: Yes
• ADA Compliant: Yes
• User Capacity: 99
• Maximum Fall Height: 8’
Vintage Parkway: Playground Design Summary
There are (22) unique play events included in this design.
ADA requires (3) of those be ground level accessible. The design exceeds that requirement with (13) ground level accessible.
There are (9) Elevated play events in the design. 7 of those 9 are accessible via the ADA transfer station built into the equipment. This also far exceeds the required (0).
There are (6) ground level play types present in the design, where only (3) are required: Imaginary Play, Sensory, Brachiating, Stepping, Balance, and Climbing are all present at ground level. 10 106
Vintage Parkway: Accessible Safety Surfacing Data
The duraSAFEPlus® Rubber Playground Tiles are designed so that children of all abilities can play safely and provides parents and playground operators with peace of mind knowing that while their children are on the playground, the surfacing is there to attenuate their falls. Fully accessible, IPEMA Certified, and ASTM/CPSC/ADA Compliant.
This product, preferred by the City of Oakley due to its durability, accessibility, and low degree of maintenance needs also boasts one of the most comprehensive warranties in the playground surfacing business.
11 107
Vintage Parkway: Top View with Use Zones
12 22 0
108
Component Callouts
13 109
Elevations: Max Fall Height = 8’
14 110
• Two sided panel allows children ages 2-12 to play independently or together with room for 4 children to learn. • Available for Nucleus®, Synergy and Synergy Imagination Product Lines. • Large format, press-fit smooth metal inserts are durable and vandal resistant. • Braille numbers and alphabet creates a practical teaching tool for children to learn Braille patterns. • Provides a tactile activity with Braille phrase and traceable objects to identify. • Available in all of Burke’s standard two color HDPE options. • Burke Built® and backed by Burke’s Generations Warranty® with a 15-year limited warranty on HDPE.
Developmental Benefits: Sensory: Visual, Tactile
Cognitive Skills: Problem Solving, Cognitive Planning
Social/Emotional Skills: Cooperative Play, Imaginative Play Design Highlights
15 111
Design Highlights
• Provides aesthetic appeal as well as design and color options to fit every playground’s design and color scheme. • Draws the eye upward and engages the imagination with bright colors, organic, natural shapes and interesting shadow patterns generated from light filtering through the designs.
• Inspired by the natural world and recreated to be reminiscent of the way leaves and tree canopies filter light and cast shadows onto the surface below. • Adds color, a powerful tool for emotion, imagination and mood. • The natural shapes of the Solis and Solis Hue help users connect to nature, a need we all have that helps us maintain balance, health and happiness. • Burke Built® and backed by Burke’s Generations Warranty® 100-year warranty on posts, 15-year limited warranty metal frame.
Sensory: Visual
Social/Emotional Skills: Imaginative Play
Cognitive Skills: Mastering New Concepts
16 112
Design Highlights
• Builds strength and resiliency in children as they work their way across these fun overheads! • Overheads provide a catalyst for imaginative play! Children can create games, imagine expeditions and channel their inner adventurer while developing problem solving and cognitive planning skills.
• Designed using Burke’s inviting and engaging design language that beckons children into a play environment and encourages play. • Burke Built® and backed by Burke’s Generations Warranty® with 100-year limited warranty on posts and a 15-year limited warranty on overhead ladders.
Cognitive Skills: Problem Solving, Cognitive Planning
Sensory: Visual, Tactile, Proprioception, Vestibular
Motor Skills: Agility, Coordination, Core Body Strength, Flexibility, Motor Planning, Upper Body Strength Social/Emotional Skills: Cooperative Play, Imaginative Play, Turn-taking, Resiliency 17 113
Design Highlights: Unique Climbers with organic shapes keep kids thinking, planning, and imagining. 18 114
Design Highlights
Available for ages 2-12 with room for up to 2 users allows children to play independently or together.
Features a steep grade and wave one-piece slide design for faster and more fun user experience with an easier installation Burke Built® and backed by Burke’s Generations Warranty® with a 15-Year Limited Warranty on rotomold.
Sensory: Visual, Tactile
Social/Emotional Skills: Cooperation, Social Skill
Development, Imaginative Play
Motor Skills: Balance, Core Strength
19 115
Sensory: Visual, Tactile
Social/Emotional Skills: Cooperation, Social Skill Development, Imaginative Play
Motor Skills: Balance, Core Strength
Available for ages 5-12 and is the fastest and most fun slide in our arsenal of slides.
Features a steep grade and one-piece slide design for
faster and more exhilerating user experience .
Burke Built® and backed by Burke’s Generations
Warranty® with a 15-Year Limited Warranty on rotomold.
Design Highlights
20 116
Inclusive Classics
-
•S-Shaped Balance Beam
• ADA Accessible Crunch Station • Triple Chin Bars for users of all heights and abilities. Lowest bar at ADA recommended
height for wheelchair use.
Design Highlights
21 117
Sourcewell Approved Cost Estimate
22 118
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
Specified Play Equipment Co.
121 #1 Industrial Road
Belmont, CA 94002
800.475.1071
www.specplay.com
ADDRESS SHIP TO
Jesse De la Cruz
City of Oakley
3231 Main St.
Oakley, CA 94561
Jesse De la Cruz
City of Oakley
3231 Main St.
Oakley, CA 94561
Estimate 3363
DATE 10/21/2024
EXPIRATION DATE 12/20/2024
DEPOSIT DUE NOW CSLB# 1050307 DIR# 1000064237
Terms: Net 30 days Oakley Sourcewell #118499 Burke Sourcewell #010521-BUR
ACTIVITY QTY RATE AMOUNT
BCI Burke Equipment
Equipment per plan #137-188951-3
1 58,069.00 58,069.00T
Discount
Per Sourcewell contract
1 -5,806.90 -5,806.90T
Receive and Offload
(OPEN MARKET) Receive and offload by
installer and transport to job site when ready
1 2,927.00 2,927.00
Temporary Fencing
Temp Fence provided by City
1 0.00 0.00T
Demolition
Demo/Disposal of Existing Structures to be
performed by City
1 0.00 0.00T
Demolition
Demo/Disposal of existing surfacing to be
performed by City
1 0.00 0.00T
Site Work
Base rock subbase corrections for rubber tile
subbase- to be performed by City
1 0.00 0.00T
Installation Service
Installation of Equipment per design 137-
188951-3 to manufacturer Specifications
through soil. Footing spoils disposed off-site.
Factory Certified Installer. Prevailing wages
applied.
1 36,750.00 36,750.00
23 119
ACTIVITY QTY RATE AMOUNT
Protective Safety Surfacing Installation
(OPEN MARKET) Surfacing via Sofsurfaces
to include: Supply and Install approx. 2960
SF 4.25" Durasafe Plus Series tiles-up to
8'cfh, rubber sheeting, Fines, and shipping.
1 135,754.00 135,754.00
Field Inspection
(OPEN MARKET) 3rd Party CPSI Inspection
of play structure with Surfacing drop test
1 2,945.00 2,945.00
Bonding
(OPEN MARKET) Payment and performance
bond
1 8,410.68 8,410.68
Freight
Freight and packaging
1 5,094.00 5,094.00
PLEASE NOTE:
-Lead Time estimated : 6-8 weeks
-Permits Excluded
-Trucking/bobcat access required.
-Temp Fence, Demo of existing structures
and surface, and tile subbase excluded from
scope and are to be performed by City.
-Discount is 10% per Sourcewell contract.
-Prevailing Wage used for all construction
line items.
-Approved colors required at time of order.
ACCEPTANCE By signing below, you acknowledge and agree
to our estimate, contract, exclusions, conditions, payments, and Terms and Conditions attached shall comprise to be the
Agreement. The values shown above represent a specific
scope; no other work should be assumed unless specifically noted in the text of the above line items.
TERMS: NET 30 Terms per Sourcewell. Client must pay
the balance of the entire Estimate and/or CO within 30
calendar days of notice by SPEC that Project is Complete.
Failure to pay any amount when due shall cause interest to begin to accrue at 12% per annum on the entire unpaid amount of the Agreement. Any late payment will cause Client being responsible for a 2% late fee on any late payment. Any action by SPEC to enforce collection of Agreement amount owed, Client must pay all attorney fees and costs.
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
SUBTOTAL 244,142.78
TAX 4,572.93
TOTAL USD 248,715.71
24 120
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
Accepted By Accepted Date
25 121
TERMS AND CONDITIONS
SPEC has signified SPEC’s willingness to erect the Project, is defined as the structure identified to be constructed in the Estimate in accordance with the drawings and specifications attached to this Agreement and signed by SPEC and Client, and in accordance with the conditions and for the consideration set forth below and the attached Estimate. Hereinafter SPEC and Client are jointly referred to as “Parties” or “Party”.
It is agreed between the parties, in consideration of their mutual agreements, as follows:
1. SPEC agrees:
A. To furnish all the materials and perform all the work for the erection of the Project in accordance with the plans and specifications prepared by SPEC, signed by Client, and attached to this Agreement as Estimate and made a part of this Agreement.
B. To maintain insurance to protect SPEC from claims
under worker’s compensation acts and from any other claims for damages for personal injury, including death, which may arise from operations under this Agreement, whether such operations be by SPEC or by any subcontractor or anyone directly or indirectly employed by either of them. No other insurance is expected or maintained by SPEC unless specifically stated in this Agreement or Estimate.
C. Bonds. SPEC is not required to maintain a Bond unless specifically stated in the Estimate.
D. That Client may make any alterations, deviations,
additions or omissions from the plans and specifications, or either of them, which SPEC shall deem proper, by a written order “Change Order” signed by all necessary parties and approved by Client, without affecting or making void this Agreement and in all such cases Client shall appraise such alterations, and add to or deduct from the amount agreed to be paid to SPEC any excess or deficiency occasioned by such alterations. In case any alterations or deviations are made, such further time may be allowed for completion of the work caused by the alterations or deviations as SPEC shall decide to be reasonable.
If SPEC should be adjudged a bankrupt, or if SPEC
should make a general assignment for benefit of SPEC creditors, or if a receiver should be appointed on account of SPEC insolvency, or if SPEC should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if SPEC should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the architect, or otherwise be guilty of a substantial violation of any provision of the contract, Client, that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving SPEC 30 days written notice, terminate the employment of SPEC and take possession of the Project and of all materials, tools and appliances in the Project.
2. The Client agrees:
A. Client understands and agrees no other work should be assumed to be done by SPEC unless specifically expressed in the Estimate and/or the Terms and Agreement. This includes but not limited to, SPEC does not have the responsibility for: offloading equipment, removal of packaging, project security, landscape and hardscape repair, delays due to conflicts, removal of spoils, locating underground, utilities, pipes, obstructions, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, soil samples.
B. To pay the SPEC for the performance of this Agreement, subject to additions and deductions provided in this Agreement, in current funds as provided in the Estimate. Where quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to Client or SPEC, there shall be an equitable adjustment of this Agreement to prevent such hardship. The Client shall make payments on account of this Agreement, which includes the Estimate.
C. SPEC is not responsible for but not limited to Union Agreements or Project Labor Agreement.
D. To give all requisite notices to the proper authorities, obtain all official inspections, permits, certificates and licenses made necessary by the work in SPEC Estimate, and pay all proper and legal fees.
E. Deliverables, Objectives, and Project Phases. Each
Estimate will describe the deliverables, objectives, or project phases that SPEC must complete. The completion of each
deliverable, objective, or project phase is subject to review by Client. If a payment is contingent upon SPEC completing a deliverable, objective, or project phase, then the payment will not be due until Client provides written acceptance of completion.
F. Change Requests. Client request changes to the scope of the Project by sending a written request to SPEC (“Change Request”). Within ten (10) days after receiving a Change Request, SPEC will review the Change Request and notify Client in writing of any financial or schedule change required to implement the Change Request. The Change Request will not be binding unless agreed to in writing by both parties. If Client agrees to pay SPEC’s additional fees to make the changes, then SPEC may not refuse to accept the Change Request.
G. Ownership of Developed Intellectual Property. All
documents, including original drawings, estimates, specifications, field notes, and data are and remain the property of SPEC as instruments of service. SPEC shall grant Client a perpetual, nonexclusive, irrevocable license to a set of reproducible record prints of drawings and copies of other instruments of service for Client’s use in connection with the Project, for future renovations, repairs, maintenance, or operations related to the Project, and for the limited purpose of Client’s development and/or marketing efforts, including, but not limited to, communications with potential donors and other funding sources. SPEC shall not be responsible 26 122
TERMS AND CONDITIONS
for any modifications to the Project made by Client or Client’s representatives using SPEC’s Instruments of Service. Reuse for new projects shall require the prior, express, and written permission of SPEC and shall entitle SPEC to further
compensation at a rate to be agreed on by Client and SPEC.
H. Conflicting Contractual Obligations. Client warrants that Client will be free, as of the date of the performance by SPEC of any services pursuant to this Agreement, of any contractual obligations that would prevent Client from having the services performed by SPEC, and that SPEC’s offer or agreement to the Project in no way caused or induced Client to breach any existing contractual obligations.
E. Client Review of Work Product. Client shall review all reports and data submitted by SPEC within ten (10) days following delivery and shall notify SPEC in writing of any discrepancies or deficiencies contained in the material.
F. Access To Premises. Client must provide constant
access to the Premises to include but not limited to workmen, materials, tools, and equipment. SPEC is not responsible for grades, stable, compacted, underground obstacles (pipes, wiring, rocks and so forth) and workable, rough grade to be taken plus or minus one tenth of one inch.
3. Indemnification.
A. General Indemnification. SPEC will defend and
indemnify Client, its subsidiaries and affiliates, and their respective officers, directors, agents and employees (collectively, the “Client Parties”) against all third party claims, demands, suits, or actions (collectively “Claims”) brought against any of the Client Parties, and pay reasonable damages, costs, losses, liabilities and expenses (including reasonable attorney’s fees) incurred by any of the Client Parties as a result of such Claims, to the extent arising from SPEC’s, or its employee’s or agent’s: (a) willful misconduct; or (b) breach of any provision of this Agreement or any Change Request.
B. Indemnification Notification and Procedure. Client will promptly notify SPEC of any claims or potential Claims and give SPEC reasonable assistance in the defense of the Claim. Client will not take any action that impairs SPEC’s defense of the Claim.
SPEC may not, without Client Party’s written consent, settle a claim or stipulate to the entry of a judgment in any manner that admits liability of a Client Party or imposes any obligation on such indemnified party.
4. Miscellaneous:
A. If SPEC be delayed at any time in the progress of the work by any act or neglect of Client, or of any employee of either, or by any other contractor employed by Client, or by changes ordered in the work, or any claim under Force Maj Majeure ore clause below or by any cause which SPEC shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as SPEC may decide.
B. The parties intend that SPEC, in performing services specified in this Agreement, shall act as an independent contractor and shall have complete control of the work and the manner in which it is performed. SPEC shall be free to contract for similar services to be performed for other customers while supplier is under contract with Client. SPEC is not to be considered an agent or employee of Client and is not entitled to participate in any pension plans, or in bonus, stock, or similar benefits that Client provides for its employees.
C. The personnel furnished pursuant to this Agreement will be, and remain, employees of SPEC, and SPEC will exercise complete control over their conduct and will pay all wages, expenses, social security taxes, federal and state unemployment insurance, and any similar taxes relating to the employees.
D. LIMITATION OF LIABILITY. IN NO EVENT
SHALL SPEC BE LIABLE TO CLIENT OR TO ANY OTHER
PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST
PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED
AND UNDER ANY THEORY OF LIABILITY, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHER THEORY OF LIABILITY, REGARDLESS OF
WHETHER CLIENT WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. IN NO EVENT SHALL SPEC’S LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT EXCEED THE AMOUNTS PAID BY CLIENT
TO SPEC UNDER THIS AGREEMENT FOR THE SERVICES,
DELIVERABLES OR INVENTION GIVING RISE TO SUCH
LIABILITY.
E. Assignability. This Agreement will be binding upon
Client’s heirs, executors, assigns, administrators, and other legal representatives, and will be for the benefit of the Client, its successors, and its assigns. There are no intended third-party beneficiaries to this Agreement, except as expressly stated.
Except as may otherwise be provided in this Agreement, Client may not sell, assign or delegate any rights or obligations under this Agreement. Notwithstanding anything to the contrary herein, Client may assign this Agreement and its rights and obligations under this Agreement to any successor to all or substantially all of Client’s relevant assets, whether by merger, consolidation, reorganization, reincorporation, sale of assets or stock, change of control or otherwise.
F. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties.
Client represents and warrants that Client is not relying on any statement or representation not contained in this Agreement. To the extent any terms set forth in any Estimate or Change Request conflict with the terms set forth in this Agreement, the terms of this Agreement shall control unless otherwise expressly agreed by the Parties in such Estimate or Change Request.
27 123
TERMS AND CONDITIONS
G. Severability. If a court or other body of competent
jurisdiction finds, or the Parties mutually believe, any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.
H. Modification, Waiver. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the Parties. Waiver by the Client of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach.
I. Notices. Any notice or other communication required or permitted by this Agreement to be given to a Party shall be in writing and shall be deemed given (i) if delivered personally or by commercial messenger or courier service, (ii) when sent by confirmed facsimile, or (iii) if mailed by U.S. registered or certified mail (return receipt requested), to the Party at the Party’s address written below or at such other address as the Party may have previously specified by like notice. If by mail, delivery shall be deemed effective three business days after mailing in accordance with the address stated on the Estimate. The address of a Party to which notices, or other communications shall be mailed may be changed from time to time by giving written notice to the other Parties.
J. Attorneys Fees & Costs. In any court, mediation,
arbitration, action at law or equity that is brought by one of the Parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys’ fees, in addition to any other relief to which that Party may be entitled.
K. Signatures. This Agreement may be signed in two
counterparts, each of which shall be deemed an original, with the same force and effectiveness as though executed in a single document.
L. Force Majeure. Neither Party to this Agreement shall be liable to the other for any loss, cost, or damages, arising out of, or resulting from, any failure to perform (contract shall be allowed to be extended by SPEC pursuant to Section 4.A. of this Agreement) in accordance with the terms of this Agreement where the cause of such failure shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, wars, whether declared or undeclared, blockades, insurrections, riots, governmental action, explosions, fire, floods, strikes, pandemics or any other unforeseeable cause not within the reasonable control of either party (collectively referred to herein as “Force Majeure Event”). A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by either party.
Notwithstanding the foregoing, any party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event.
Each party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder.
5. Optional Services. SPEC may be able to assist Client in other services in connection, however this Agreement, specifically exclude these services unless Client enters a separate written and signed agreement with Client.
A. Structural Design Engineer (“SDE”). Client
acknowledges and understands that the structure being built is a prefabricated, pre-engineered, assembled onsite solution. In certain jurisdictions, the footers may require a local licensed structural engineer to seal and stamp the manufacturer
recommended footers based on the local soil conditions. Client is responsible to get obtain a local SDE to provide any certifications required.
Client, acknowledges and understands that SPEC is not
responsible for paying for the SDE. This is a separate cost paid by client directly to SPEC. Should Client wish to utilize SPEC’s consulting services to identify and retain SDE, this will be a separate cost on a per project basis. Should Client wish to retain SPEC’s consulting services for this specific service, Parties will agree in a signed writing that Client is seeking SPEC’s assistance to provide this service. SPEC will provide Client with a Retainer Amount to be paid prior to services start. Said retainer will be billed against by SPEC. Any unused portion of the retainer will be refunded. Additionally, should the retainer be insufficient, Client agrees to replenish upon request by SPEC.
B. Permits or Equivalent. Client, acknowledges and
understands that it is the Client’s responsibility to secure all permits or equivalent associated with the installation of the Project. Further SPEC is not responsible for any application or other submittals to the Accessibility at the Department commonly referred to as the “DSA”.
28 124
bciburke.com 800.266.i250
burke generations warranty®
The Longest and Strongest warranty in the industry
BCI Burke Company, LLC (“Burke”) warrants that all standard products are warranted to be free from defects in materials and workmanship, under normal use and service, for a period of one (1) year from the date of shipment.
We stand behind our products. In addition, the following products are warranted, under normal use and service from the date of shipment as follows:
• One Hundred (100) Year Limited Warranty on aluminum and steel upright posts (including Intensity®, Synergy™, Nucleus®, Voltage®, Little Buddies®, ELEVATE®, ACTIVATE®, INVIGORATE™) against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on KoreKonnect® clamps against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on Hardware (nuts, bolts, washers) • One Hundred (100) Year Limited Warranty on bolt-through fastening and clamp systems (Synergy™, Intensity®, Nucleus®, Voltage®, Little Buddies®, ELEVATE®). • Twenty-Five (25) Year Limited Warranty on spring assemblies and aluminum cast animals. • Fifteen (15) Year Limited Warranty on structure platforms and decks, metal roofs, table tops, bench tops, railings and barriers against structural failure due to materials or workmanship.
• Fifteen (15) Year Limited Warranty on all plastic components including StoneBorders against structural failure due to materials or workmanship. • Ten (10) Year Limited Warranty on ShadePlay Canopies fabric, threads, and cables against degradation, cracking or material breakdown resulting from ultra-violet exposure, natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications. • Ten (10) Year Limited Warranty on NaturePlay® Boulders and GFRC products against structural failure due to natural deterioration or workmanship. Natural wear, which may occur with any concrete product with age, is excluded from this warranty • Ten (10) Year Limited Warranty on Full Color Custom Signage against manufacturing defects that cause delamination or degradation of the sign. Full Color Custom Signs also carry a two (2) year warranty against premature fading of the print and graphics on the signs. • Five (5) Year Limited Warranty on Intensity® and RopeVenture® cables and LEVEL X® flex bridge against premature wear due to natural deterioration or manufacturing defects.
Determination of premature wear will be at the manufacturer’s discretion. • Five (5) Year Limited Warranty on moving parts, including swing components, against structural failure due to materials or workmanship. • Five (5) Year Limited Warranty on PlayEnsemble® cables and mallets against defects in materials and workmanship. • Three (3) Year Limited Warranty on electronic panel speakers, sound chips and circuit boards against electronic failure caused by manufacturing defects.
The warranty stated above is valid only if the equipment is erected in conformity with the layout plan and/or installation instructions furnished by BCI Burke Company, LLC using approved parts; have been maintained and inspected in accordance with BCI Burke Company, LLC instructions. Burke’s liability and your exclusive remedy hereunder will be limited to repair or replacement of those parts found in Burke’s reasonable judgment to be defective. Any claim made within the above stated warranty periods must be made promptly after discovery of the defect. A part is covered only for the original warranty period of the applicable part. Replacement parts carry the applicable warranty from the date of shipment of the replacement from Burke. After the expiration of the warranty period, you must pay for all parts, transportation and service charges.
Burke reserves the right to accept or reject any claim in whole or in part. Burke will not accept the return of any product without its prior written approval. Burke will assume transportation charges for shipment of the returned product if it is returned in strict compliance with Burke’s written instructions.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF THE FOREGOING DISCLAIMER OF ADDITIONAL WARRANTIES IS NOT GIVEN
FULL FORCE AND EFFECT, ANY RESULTING ADDITIONAL WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS WARRANTIES AND BE OTHERWISE SUBJECT TO AND LIMITED BY THE TERMS OF BURKE’S PRODUCT WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Warranty Exclusions: The above stated warranties do not cover: “cosmetic” defects, such as scratches, dents, marring, or fading; damage due to incorrect installation, vandalism, misuse, accident, wear and tear from normal use, exposure to extreme weather; immersion in salt or chlorine water, unauthorized repair or modification, abnormal use, lack of maintenance, or other cause not within Burke’s control; and Limitation of Remedies: Burke is not liable for consequential or incidental damages, including but not limited to labor costs or lost profits resulting from the use of or inability to use the products or from the products being incorporated in or becoming a component of any other product. If, after a reasonable number of repeated efforts, Burke is unable to repair or replace a defective or nonconforming product, Burke shall have the option to accept return of the product, or part thereof, if such does not substantially impair its value, and return the purchase price as the buyer’s entire and exclusive remedy. Without limiting the generality of the foregoing, Burke will not be responsible for labor costs involved in the removal of products or the installation of replacement products. Some states do not allow the exclusion of incidental damages, so the above exclusion may not apply to you.
The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion.
Contact your local Burke Representative for warranty information regarding Burke Turf® and Burke Tile products.
Terms of Sale
Pricing: Prices published in this catalog are in USD, are approximate and do not include shipping & handling, surfacing, installation nor applicable taxes. All prices are subject to change without notice. Contact your Burke representative for current pricing. Payments are to be made in USD.
Weights: Weights are approximate and may vary with actual orders.
Installation: All equipment is shipped unassembled. For a list of factory-certified installers in your area, please contact your Burke representative.
Specifications: Product specifications in this catalog were correct at the time of publication. However, product improvements are ongoing at Burke, and we reserve the right to change or discontinue specifications without notice.
Loss or Damage in Transit: A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition upon arrival. Before you sign, please check the Bill of Lading carefully when the shipment arrives to make sure nothing is missing and there are no damages. Once the shipment leaves our plant, we are no longer responsible for any damage, loss or shortage.
For more information regarding the warranty, call Customer Service at 920-921-9220 or 1-800-356-2070. 01/2022 31 125
PRODUCT WARRANTY
LIMITED LIFETIME
www.sofsurfaces.com [email protected]
We’d like to hear from you! Comments
and photos are always welcome!
sofSURFACES Inc. warrants that duraSAFE® tiles will be free from defects in materials and workmanship. sofSURFACES further warrants that duraSAFE tiles comply with the requirements of the ASTM F1292-13 standard specification for impact attenuation.
What does the warranty cover?
Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface. The product will comply with the requirements of ASTM F1292-13 at the height for which the duraSAFE product was rated by the manufacturer at the time of purchase.
What will we do?
Any segment of a duraSAFE surface that fails to meet the warranty criteria will be repaired or replaced, at and in conjunction with the warranty coverage schedule below.
Warranty Coverage
sofSURFACES shall be responsible for 100% of the product cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product.
Where any product is found to be defective or not in compliance with the warranty herein more than six (6) years following the original shipment of the product, sofSURFACES shall be responsible for 50% of the cost of the repair or replacement of such products as follows (and the buyer shall bear and pay the remaining portion of such costs):
Warranty Exclusions
Product failure caused by accidents, misuse, natural disasters, vandalism, improper installation, or maintenance and the like (see installation care and maintenance instructions).
• Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic
• Black transfer which can occur over time to recycled rubber • Failure due to improper sub-surface preparation
• Punctures from extreme high forces, such as high heels, narrow tipped chair or table legs, kickstands and pogo sticks
• Use of the product in a manner not intended for its manufactured application How to submit a warranty claim
A warranty claim should be made directly to sofSURFACES. Please provide a description of the claimed defect, the date the defect was discovered, photographic images and the project name, site address, phone and email address so we can contact you and request additional information if required to process your claim.
Additional Considerations
sofSURFACES’ liability is limited to the material and transportation costs of repair or replacement of the product at sofSurfaces option. Where duraSAFE is installed only in high traffic areas or installed in combination with other surfacing products not sold by sofSURFACES, such duraSAFE are excluded from this warranty. • In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished products will extend only for the time remaining under the original warranty.
• sofSURFACES reserves the right to discontinue or change any design or color of any products at any time without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, a suitable replacement of comparable quality and price will be recommended.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Your exclusive remedy for any breach of warranty is as set forth in this warranty.
This warranty gives you specific legal rights. You may have other rights which vary from state to state and province to province.
4393 Discovery Line, Petrolia, ON N0N 1R0
# OF YEARS FROM DATE OF ORIGINAL
SHIPMENT TO DATE OF CLAIM
% OF CURRENT LIST PRICE OF PRODUCT
FOR WHICH SOFSURFACES IS RESPONSIBLE
0-6 years
more than 6 years
100%
50%
For future reference, please record your sofSURFACES
5-Digit Sales Order Number and Date of Purchase Here.
Sales Order Number: ORD_ _ _ _ _ Date of Purchase: YR / / Date of Purchase: MO DAY Effective as of: YR / / MO DAY Last Revised: April 17, 2018. 32 126
INSTALLATION WARRANTY
www.sofsurfaces.com [email protected]
We’d like to hear from you! Comments
and photos are always welcome!
sofSURFACES Inc. warrants that duraSAFE® systems installed by certified sofSURFACES installation crews will be free from defects in workmanship. sofSURFACES further warrants that when installed correctly, the surface will meet the ASTM F1292-13 standard for the working life of the surface. sofSURFACES has led an effort to bring about more advanced and higher performing surfacing systems to the market. A key component of this effort includes installation. sofSURFACES has developed advanced and proprietary installation techniques that are unique to our duraSAFE product. duraSAFE’s product warranty revolves around the mandatory use of factory certified installers that are experienced and professionally trained in the use of these techniques. Proper installation is the only way to ensure that your new duraSAFE surface performs as expected for years to come.
The installer of the project is responsible for any issues deemed to be at fault of the installer. Issues such as but not limited to; seam separation, gapping, curling, faulty cuts or missed adhesive.
Our Installation Manual should be reviewed by the end user to confirm all elements have been followed.
Your installation has been completed by:
and will warrant the site from installation related defects for:
I certify that the material and installation of my project has been completed to my satisfaction:
4393 Discovery Line, Petrolia, ON N0N 1R0
For future reference, please record your sofSURFACES
5-Digit Sales Order Number and Date of Purchase Here.
Sales Order Number: ORD _ _ _ _ _ Date of Purchase: YR / / MO DAY Company Name
Foreman Name
Mailing Address
Phone Number
Email
Certification Number
Signature
Duration
Project Name
Contact Name
Site Installation Address
Phone Number
Email
Signature
Effective as of: YR / / MO DAY Last Revised: April 17, 2018.
In order to activate warranty, please scan and submit to [email protected] upon completion of installation. 33 127
www.specplay.com
[email protected]
800.475.1071
Chris Olsen
Sr. Project Manager
[email protected]
Mobile: 650.769.0775
Office: 800.475.1071
Specified Play Equipment Company
121 #1 Industrial Road Belmont, CA 94002
Next Steps - Please Contact:
For questions, comments, and revisions, please call or email.
Thank you for the opportunity!!!
34 128
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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution approving the proposal from Sanbell, and authorizing the City Manager to execute Amendment Number 1 to the Consulting Services Agreement with Sanbell for design services related to the East Cypress Road Widening at CCWD Canal Crossing Project at Jersey Island Road – Capital Improvement Project 310
Background and Analysis
The City’s adopted Fiscal Year (FY) 2024/25 Capital Improvement Program (CIP) Budget which designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.
The improvements to East Cypress Road have been a key part of the City’s CIP program as established by the City Council, and a priority for the community to accommodate the growing needs of the residents of the East Cypress Road corridor.
Over the past few years as private development projects were constructed, each respective private development project constructed the new East Cypress Road along their frontage as seen along the Emerson Ranch and Delaney Park subdivisions. The construction of the improvements to widen East Cypress Road along the Burroughs Subdivision is currently underway and anticipated to be completed by fall 2025. The completion of this project will bring improvements on East Cypress Road to the west of the Contra Costa Water District Canal (CCWD) and Jersey Island Road.
ACD TI Capital Group, the developer of the Grand Cypress Preserve project, was originally slated to construct the improvements to East Cypress Road from the CCWD canal to Bethel Island Road. The Grand Cypress Preserve project would be the largest residential development project that has been planned in Oakley and would take several years to construct. The developer informed the City that they have placed their development project on hold and will not be constructing the East Cypress Road improvements until a date yet to be determined.
The uncertainty of the construction of the improvements to this important section of East Cypress Road on the developer’s part necessitated that the City negotiate with the developer to reach an agreement. This agreement included the acquisition of the right of way and transfer of all plans and permits that the developer had been working on for the East Cypress Road improvements. The City Council approved the Superseding Agreement on October 24, 2023, regarding reimbursement for and implementation of construction of the improvements Approved and
Forwarded to the
City Council
129
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US related to the Grand Cypress Preserve Project. This agreement was executed in order for the City to undertake the design and construction of the East Cypress Road improvements from the CCWD canal crossing to Bethel Island Road. CIP 310 is the most complex and complicated segment of the East Cypress Road widening project and covers the area just west of the CCWD canal to the east of Jersey Island Road.
On February 13, 2024, the City Council awarded an engineering design agreement with Sanbell, formerly Bellecci and Associates, Inc. for the completion of the engineering design for the widening and improvements of East Cypress Road at the CCWD canal, undergrounding of the canal, and improvements to the intersection of East Cypress Road at Jersey Island Road.
Over the past few months, the design team of the Public Works engineering staff along with Sanbell engineers has been working expeditiously on the engineering design for the widening and improvements of East Cypress Road at the CCWD canal, undergrounding of the canal, and widening the intersection of East Cypress Road and Jersey Island Road intersection. The design for the widening of the East Cypress Road project, across all of its phases, is on the fast track to meet the timeliness that is in the agreement between the City and ACD TI Capital Group.
The scope of CIP 310 evolved over the past few months as the design team worked on all the complex details of the project in close coordination with CCWD, and additional design work needed to be done to keep the project schedule on track, as outlined in the letter from Sanbell dated October 7, 2024.
A critical part of CIP 310 is for the undergrounding of the CCWD canal at the intersection of East Cypress Road and Jersey Island Road. This project is currently in the bidding phase, and a construction agreement will be presented to the City Council for approval on December 10, 2024. The construction of this project is anticipated to start in spring 2025 and will be completed by fall 2026.
The Public Works engineering staff will continue to work on the other phases of CIP 310, which includes all the roadway widening and improvements and installation of all new underground utilities which is anticipated to go into construction in summer 2025.
Consistency with the Oakley Strategic Plan 27+
The approval of this agreement is consistent with the Oakley Strategic Plan under our Community Health and Safety Goal to provide safe streets in our City. East Cypress Road is a critical segment in the Oakley roadway infrastructure network that will serve existing and future communities in the eastern portion of the City. 130
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
The funding for the design of this project has been included in the Capital Improvement budget for Fiscal Year 2024/25 and is spread between several funding sources, including Traffic Impact Fees, General Capital Projects and Street Rehabilitation funds.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving Amendment Number 1 to the Consulting Services Agreement with Sanbell, to provide additional design services for East Cypress Road Widening at CCWD Canal Crossing Project – CIP 310 and to authorize the City Manager to execute the contract amendment for a not to exceed an additional amount of $57,690.
Attachments
1) Resolution
2) Sanbell Proposal
131
Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE DESIGN CONTRACT AMENDMENT 1 WITH SANBELL FOR THE WIDENING
AND IMPROVEMENTS TO EAST CYPRESS ROAD AT THE CONTRA COSTA CANAL CROSSING PROJECT, CIP 310
WHEREAS, On February 13, 2024, the City Council approved the design contract with Sanbell, formerly Bellecci and Associates, Inc. for Capital Improvement Project (CIP) Number 310 East Cypress Road Widening at Contra Costa Water District (CCWD) Canal Crossing Project. A major component of this project is to underground the existing canal to accommodate the ultimate roadway and utility improvements of East Cypress Road; and,
WHEREAS, the Public Works engineering staff have been working with the Sanbell engineers on the design of this project in close coordination with CCWD to keep the project moving forward; and,
WHEREAS, the scope of CIP 310 design evolved over the past few months as the design team worked on all the complex details of the project that included environmental permitting, additional utility design, and preparation of separate bid documents; and, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley approves Amendment 1 of the design agreement for an additional $57,690.00 with Sanbell associated with CIP Number 310 – East Cypress Road Widening Project at CCWD Canal Crossing and authorizes the City Manager to execute the agreement, with the proposal attached hereto as Exhibit A and made part of this resolution.
PASSED AND ADOPTED by the City Council of the City of Oakley this 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
_______________________ ______
Libby Vreonis, City Clerk Date
132
October 7, 2024
VIA EMAIL
Ms. Billilee Saengchalern, P.E., T.E.
Engineering Manager-City of Oakley
3231 Main Street
Oakley, CA 94561
Email: [email protected]
Subject: CIP 310 – East Cypress Road Widening at CCWD Canal Crossing Project Additional Services Request
Dear Ms. Saengchalern,
We are writing to you regarding the East Cypress Road (ECR) CIP 310 project to request your consideration for additional services budget. We request additional fees for services not originally anticipated in our contract budget:
1. Roadway & Utility Easement Plat and Legal Description
2. CIP 247 work captured in CIP 310: incorporating finished curb and gutter, sidewalk, median, bioretention areas, landscaping, irrigation, storm drain, asphalt roadway section, and earthwork from STA 104+00 to STA 117+00 into the CIP 310 95% and 100% PS&E
3. ACD-TI Dewatering Calculations and Exhibit and Environmental review of the Dewatering groundwater report.
4. Preparing two separate bid documents (plans, specification, estimate) for the canal work and roadway work. Additional structural details and coordination for lowering of access structures.
5. Conceptual plan Exhibits and Staging plan graphical Renderings for the Contra Costa Water District
6. CEQA Exhibit with acreage and updates to the exhibits.
Please see attached for your review of our proposed budget spreadsheet. We appreciate your time in evaluating our fee request. If you have any questions or comments, please feel free to contact me or Anoop Reddy Admal, PE at 925.685.4569
Sincerely,
Daniel Leary, PE PTOE QSD
133
City of Oakley, CA
East Cypress Road - CIP 310
Additional Services Request #1 - Geotech + Dewatering Exhibits + Plats/Legal + Gates CIP 247 work + Conceptual Exhibits ODCs Mark Ups Total
$270 $240 $190 $174 $164 $140 $174 $220 LS Fee LS Fee LS Fee LS Fee LS Fee 1 Roadway & Utility Easement Plat & Legal 12 2 14 $2,528 $0 $0 $2,528 2 CIP 247 work incorporated into CIP 310 (95%, 100%) 4 8 24 36 $6,416 $3,300 $0 $330 $10,046 3 ACD-TI Dewatering Calculations and Exhibit + Meetings + Environmental review of Groundwater Dewatering
Information
2 8 16 26 $5,500 $3,500 $0 $350 $9,350
4 Preparing Two Separate Bid Documents + Lowering of
the Seg5B and Seg4 Access Structures 8 24 48 80 $14,352 $6,500 $0 $650 $21,502 5 Conceptual Exhibits/Renderings 6 8 16 16 46 $7,824 $2,000 $0 $200 $10,024 6 CEQA Exhibits with acreage and updates to Exhibits 2 8 16 26 $4,240 $0 $0 $4,240 2 28 64 0 88 32 12 2 228 $40,860 $3,500 $2,000 $3,300 $6,500 $0 $0 $1,530 $57,690 Notes:
Distribution of Hours may vary during the performance of the services Billing rates will have 3.5% escalation at each calendar year Earth Calc
(Earthwork
Volumes)
Duquette
Engineering-T&S
Structural
(Junction
Structure)
Geotechnical
Engineer -
Environmental
Assessment
Landscape
Architect Eng III Eng II Total
Hours
Prin Eng
II Prin Eng I Eng I Assist Eng I
Survey
Tech III
EXHIBIT A
Task Task Description Total Fee Other Direct
Costs
08/11/2024
10% Sub
Mark Up
Prof Land
Surv Total Bellecci
Labor Costs
Gates
(Planting and
Irrigation)
134
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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, Public Works Director/City Engineer SUBJECT: Adopt a Resolution approving a Subdivision Improvement Agreement with Civic Summer Lake North, LLC for Dal Porto Ranch Park which consists of Lake and Sports Park Improvements within the Summer Lake North Subdivision (Parcel C and Parcel D 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, which includes the improvement to lake and sports park improvements for Parcels C (22.76 acres) and D (19.36 acres) of the recorded Final Map for Subdivision 9307.
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 December 14, 2021, the City Council approved the name of the park to be “Dal Porto Ranch Park” with Resolution 147-21.
On February 27, 2024, by 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.
Civic Summer Lake North, LLC, is now requesting approval for the City Council to execute the Subdivision Improvement Agreement for Dal Porto Ranch Park which consists of lake and sports park improvements within Subdivision 9307. In order to satisfy all remaining conditions of approval, a Subdivision Improvement Agreement must be approved for the improvement of this park.
Civic Summer Lake North, LLC is responsible for the full cost of the Dal Porto Ranch Park construction. When construction has been completed and is in conformance with the approved plans and agreement, Parcels C and D will be dedicated to the City for public use and accepted for maintenance.
Approved and
Forwarded to the
City Council
135
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Parks and Open Space goals to build parks and public areas and encourage programs and recreation.
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 Resolution to execute the Subdivision Improvement Agreement for Dal Porto Ranch Park consisting of Lake and Sports Park Improvements associated with Parcel C and D within Subdivision 9307 Summer Lake North.
Attachments
Attachment 1. Vicinity Map
Attachment 2. Resolution Approving the Subdivision Improvement Agreement Attachment 3. Subdivision Improvement Agreement (SIA)
Exhibit A – Engineer’s Estimate
Exhibit B – Insurance Requirements
Exhibit C – Verification of Required Insurance
136
Vicinity Map
Dal Porto Ranch Park
Subdivision 9307 - Summer Lake North
137
Resolution No. -24 Page 1 of 2
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 DAL PORTO RANCH PARK WHICH CONSISTS OF LAKE AND SPORTS PARK IMPROVEMENTS WITHIN SUBDIVISION 9307 AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID 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 and faithful performance of public park improvements for Dal Porto Ranch Park on Parcels C and D within Subdivision 9037; and
WHEREAS, the Subdivision Improvement Agreement will require the Developer to construct $175,000 for the Lake Park Parking Lot Improvements, $3,316,901.92 for the Lake Park Landscape Improvements, $500,000 for the Sports Park Parking Lot Improvements, and $7,710,068.80 for the Sports Park Landscape Improvements. A total sum of $11,701,970.72 for the entire construction of Dal Porto Ranch Park in accordance with the project conditions of approval and City standard design and construction; and, WHEREAS, the general location of the park is shown in the Vicinity Map attached as Exhibit A, which consists of Parcel C (22.76 acres) and Parcel D (19.36 acres) of the Subdivision 9307 recorded Final Map; and,
WHEREAS, upon dedication of Parcels C and D from the developer, satisfactory completion of the park improvements, and plant establishment period, Dal Porto Ranch Park will be accepted by the City of Oakley for public use; and, NOW THEREFORE BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the Subdivision Improvement Agreement for Dal Porto Ranch Park within Subdivision 9307 with Civic Summer Lake North, LLC is hereby approved.
PASSED AND ADOPTED this 12th day of November 2024 by the following vote.
AYES:
NOES:
ABSTENTION:
ABSENT:
138
Resolution No. -24 Page 2 of 2
APPROVED:
_______________________
ATTEST: Anissa Williams, Mayor
______
Libby Vreonis, City Clerk Date
139
CITY OF OAKLEY
SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 9307 SUMMER LAKE NORTH
FOR DAL PORTO RANCH PARK
This agreement is made and entered into this 12th day of November, 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 9307, desires to improve Parcel C and D of Subdivision 9307 Final Map, 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 ”Dal Porto Ranch Park Sports Park Subdivision 9307” and “Dal Porto Ranch Park Lake Park Subdivision 9307” prepared by VanderToolen and Associates 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 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 park improvements, as required in the conditions of approval of Tentative Map 9307 as set forth in Resolution 116-11, which is incorporated herein as if set forth at this point, or as otherwise required in subdivision ordinance. In the event that any provision of this Agreement conflicts with the provisions of the conditions of approval the provisions of Resolution 116-11 shall prevail to the extent that the conflicting provision in Resolution 116-11 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.
140
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 $175,000 for the Lake Park Parking Lot Improvements, $3,316,901.92 for the Lake Park Landscape Improvements, $500,000 for Sports Park Parking Lot Improvements, and $7,710,068.80 for the Sports Park Landscape Improvements. A total sum of $11,701,970.72 for the construction of Dal Porto Ranch Park. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured, as set forth in Resolution 116-11. 141
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, 1775, 1775,1777.5, 1777.6, and 1813 of the Labor Code. 142
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 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 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 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. 143
The foregoing 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 unreasonable 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 144
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
follows:
follows:
Notices required to be given to DEVELOPER shall be addressed as Attn: 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 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 145
any manner 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 his 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.
15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect 146
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 4 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 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 opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his 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.
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. 147
CITY OF OAKLEY
By:
Joshua McMurray City
Manager
APPROVED AS TO FORM:
Derek P. Cole City
Attorney
ATTEST:
Libby Vreonis, City Clerk
DEVELOPER
By:
Civic Summer Lake North,
LLC
Exhibits: Exhibit A - Engineer and Landscape Architect’s Estimate Exhibit B - Insurance Requirements
Exhibit C - Verification of Require Insurance
148
ACKNOWLEDGMENT
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Clear Form Print Form
149
EXHIBIT A
ENGINEER AND LANDSCAPE ARCHITECT’S ESTIMATES
150
ENGINEER'S BOND ESTIMATE October 10, 2024
DAL PORTO RANCH PARK Job No.: 1292-100
LAKE PARK - PARKING LOT IMPROVEMENTS
SUMMER LAKE NORTH
SUBDIVISION 9307
CITY OF OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 Conform to Existing Pavement (Assume 10') 490 SF $ 4 $ 1,960 2 2.5" Asphalt Concrete 25,200 SF $ 1.13 $ 28,476
3 6" Aggregate Base 25,200 SF $ 1.14 $ 28,728
4 Pavement Sealant (Fog) 25,200 SF $ 0.02 $ 504
5 6" Vertical Curb and Gutter 730 LF $ 23 $ 16,790
6 6" Vertical Curb 910 LF $ 18 $ 16,380
7 Curb Ramp 1 EA $ 1,500 $ 1,500
8 Sidewalk 4,900 SF $ 5 $ 22,050
9 Striping (Parking Stalls, ADA Loading Zones & STOP pavement markings, Traffic Signs)
1 LS $ 5,000.00 $ 5,000
10 Driveway Approach (Boat Ramp) 360 SF $ 5.00 $ 1,800
Subtotal Street Improvements $ 123,188
DRAINAGE IMPROVEMENTS
11 18" N-12 WT HDPE 490 LF $ 55 $ 26,950
12 Catch Basin (Type I Inlet) 3 EA $ 3,000 $ 9,000
Subtotal Drainage Improvements $ 35,950
LANDSCAPE
13 N.I.C. - $ - $ -
ELECTRICAL IMPROVEMENTS
14 N.I.C. - $ - $ -
SUBTOTAL DAL PORTO RANCH PARK CONSTRUCTION COST $ 159,138 10% CONTINGENCY $ 15,914
TOTAL DAL PORTO RANCH PARK CONSTRUCTION COST $ 175,000
(to the nearest $1,000)
Notes:
1 2
3 This estimate is for the Lake Park - Parking Lot Improvements and is based on the 'Summer Lake North - Phase 2 Rough Grading Plans' dated 04/19/2024.
This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen conditions or changes required by governing agencies.
This estimate excludes all associated Agency fees and costs.
P:\1200 - 1299\1292-100\Estimates\Bond\City\Lake Park\Bond 1_SLN Lake Park - Parking Lot_City_001.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
151
Notes:
1 Cost Opinion is based on the landscape plans dated April 17, 2024.
UNIT LEGEND
SF - Square Foot LF - Linear Foot CY - Cubic Yard LS - Lump Sum EA - Each FLAT - Flats P/TON - Per Ton ALLOW - Estimate
LANDSCAPE
ITEM UNIT QTY COST/UNIT EXTENSION
1 Fine Grading SF 202,548 $ 0.65 $ 131,656.20
2 Soil Preparation SF 202,548 $ 0.41 $ 83,044.68
3 Turf Sod SF 17,961 $ 1.00 $ 17,961.00
4 Native Preservation Mix Sod SF 32,017 $ 1.00 $ 32,017.00 5 Shrub Planting SF 152,570 $ 3.50 $ 533,995.00
6 Tree - 24" Box EA 165 $ 405.00 $ 66,825.00
7 Root Barrier (4' Length) EA 13 $ 65.00 $ 845.00
8 3" Depth Bark Mulch CY 917 $ 70.00 $ 64,190.00
Subtotal $ 930,533.88
IRRIGATION
ITEM UNIT QTY COST/UNIT EXTENSION
9 Turf Spray SF 49,978 $ 2.00 $ 99,956.00
10 Shrub Bubblers (1 Bubbler Per Shrub) SF 152,570 $ 3.65 $ 556,880.50 11 Tree Bubblers (2 Bubblers Per Tree) EA 330 $ 60.00 $ 19,800.00 12 Valves, Pipes & Fittings SF 202,548 $ 2.50 $ 506,370.00 13 Hydro Point Weathertrak Controller ALLOW 1 $ 25,000.00 $ 25,000.00 14 Master Valve & Flow Sensor ALLOW 1 $ 4,000.00 $ 4,000.00 Subtotal $ 1,212,006.50
DENOVA HOMES
DEL PORTO RANCH PAK
LAKE PARK
Landscape Cost Opinion
OAKLEY, CA
23-Apr-24
Lake Park Page 1
152
HARDSCAPE , SITE FURNISHINGS & AMENITIES
ITEM UNIT QTY COST/UNIT EXTENSION
15 Concrete Paving SF 42,590 $ 7.00 $ 298,130.00
16 6" Wide Concrete Mow Band LF 1,972 $ 30.00 $ 59,160.00 17 3' High Tube Steel Fence LF 3,370 $ 50.00 $ 168,500.00 18 3' High Tube Steel Gate EA 1 $ 1,000.00 $ 1,000.00
19 Split Rail Fence LF 832 $ 50.00 $ 41,600.00
20 Waste Receptacle EA 2 $ 4,000.00 $ 8,000.00
21 Curved Shade Pavilion EA 2 $ 78,000.00 $ 156,000.00
22 Bike Rack EA 1 $ 835.00 $ 835.00
23 Picnic Table EA 5 $ 2,500.00 $ 12,500.00
24 ADA Picnic Table EA 8 $ 2,500.00 $ 20,000.00
25 Bench EA 14 $ 1,200.00 $ 16,800.00
26 ADA Accessible Drinking Fountain EA 1 $ 7,500.00 $ 7,500.00 27 Group BBQ EA 1 $ 2,000.00 $ 2,000.00
28 Pedestal Service Table EA 1 $ 1,200.00 $ 1,200.00
29 Removable Bollards EA 5 $ 500.00 $ 2,500.00
30 Dog Waste Pick-Up Station EA 1 $ 1,200.00 $ 1,200.00 31 Park Monument Sign (City Standard Sign) ALLOW 2 $ 5,400.00 $ 10,800.00 32 Park Sign Wall ALLOW 1 $ 10,000.00 $ 10,000.00
33 Curved Retaining Seatwall w/ Stone Veneer LF 124 $ 300.00 $ 37,200.00 34 Flor Bench - Small EA 2 $ 5,450.00 $ 10,900.00
35 Flor Bench - Large EA 1 $ 7,000.00 $ 7,000.00
Subtotal $ 872,825.00
SUB TOTAL : $ 3,015,365.38
10% CONTINGENCY: $ 301,536.54
GRAND TOTAL : $ 3,316,901.92
ITEMS NOT INCLUDED
1 Rough Grading (Per Civil)
2 Drainage Structures (per Civil)
3 Fees and Permits
4 Asphalt Paving
5 Park Lighting
6 Parking Lot
7 Boat Ramp
8 Lake & Lake Edge
9 Trash Enclosure
10 Conduit & Pull Boxes for Future Security Cameras
11 Performance Bonds
12 90 Day Maintenance
13 Landscape Drains
Lake Park Page 2
153
ENGINEER'S BOND ESTIMATE April 16, 2024
DAL PORTO RANCH PARK Job No.: 1292-100
SPORTS PARK - PARKING LOT IMPROVEMENTS
SUMMER LAKE NORTH
SUBDIVISION 9307
CITY OF OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
STREET IMPROVEMENTS
1 Conform to Existing Pavement (Assume 10') 270 SF $ 4 $ 1,080 2 4.5" Asphalt Concrete 75,400 SF $ 1.13 $ 85,202
3 12" Aggregate Base 75,400 SF $ 1.14 $ 85,956
4 Pavement Sealant (Fog) 75,400 SF $ 0.02 $ 1,508
5 6" Vertical Curb and Gutter 1,390 LF $ 23 $ 31,970
6 6" Vertical Curb 2,500 LF $ 18 $ 45,000
7 Sidewalk 7,540 SF $ 4.50 $ 33,930
8 Curb Ramp 1 EA $ 1,500 $ 1,500
9 Striping (Parking Stall, ADA Loading Zone & Traffic Signs) 3,720 LF $ 2.25 $ 8,370 Subtotal Street Improvements $ 294,516
DRAINAGE IMPROVEMENTS
10 18" N-12 WT HDPE 1,489 LF $ 55 $ 81,895
11 Catch Basin (Type I Inlet) 15 EA $ 3,000 $ 45,000
12 Catch Basin (Type II Inlet) 3 EA $ 3,000 $ 9,000
13 SD Manhole (Type III) 4 EA $ 6,000 $ 24,000
Subtotal Drainage Improvements $ 159,895
ELECTRICAL IMPROVEMENTS
14 N.I.C. - $ - $ -
LANDSCAPE
15 N.I.C. - $ - $ -
SUBTOTAL DAL PORTO RANCH PARK CONSTRUCTION COST $ 454,411 10% CONTINGENCY $ 45,441
TOTAL DAL PORTO RANCH PARK CONSTRUCTION COST $ 500,000
(to the nearest $1,000)
Notes:
1 2
3 This estimate is based on the 'Summer Lake North Phase 1 Dal Porto Ranch Park Sports Park - Parking Lot Improvement Plans' dated 04/12/2024. 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 conditions or changes required by governing agencies.
This estimate excludes all associated Agency fees and costs.
P:\1200 - 1299\1292-100\Estimates\Bond\City\Sports Park\Bond 1_SLN Sports Park_City_001.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
2 2.5" Asphalt Concrete
3 6" Aggregate Base
4 Pavement Sealant
154
Notes:
1 Cost Opinion is based on the landscape plans dated April 17, 2024.
UNIT LEGEND
SF - Square Foot LF - Linear Foot CY - Cubic Yard LS - Lump Sum EA - Each FLAT - Flats P/TON - Per Ton ALLOW - Estimate
LANDSCAPE
ITEM UNIT QTY COST/UNIT EXTENSION
1 Fine Grading SF 667,025 $ 0.65 $ 433,566.25
2 Soil Preparation SF 667,025 $ 0.41 $ 273,480.25
3 Turf Sod SF 513,302 $ 1.00 $ 513,302.00
4 Shrub Planting SF 153,723 $ 3.50 $ 538,030.50
5 Tree - 15 Gal. EA 132 $ 195.00 $ 25,740.00
6 Tree - 24" Box EA 156 $ 405.00 $ 63,180.00
7 Root Barrier (4' Length) EA 134 $ 65.00 $ 8,710.00
8 3" Depth Bark Mulch CY 1,423 $ 70.00 $ 99,610.00
Subtotal $ 1,955,619.00
IRRIGATION
ITEM UNIT QTY COST/UNIT EXTENSION
9 Turf Spray SF 513,302 $ 2.00 $ 1,026,604.00
10 Shrub Bubblers (1 Bubbler Per Shrub) SF 153,723 $ 3.65 $ 561,088.95 11 Tree Bubblers (2 Bubblers Per Tree) EA 576 $ 60.00 $ 34,560.00 12 Valves, Pipes & Fittings SF 667,025 $ 2.50 $ 1,667,562.50 Subtotal $ 3,289,815.45
DENOVA HOMES
DEL PORTO RANCH PAK
SPORTS PARK
Landscape Cost Opinion
OAKLEY, CA
18-Apr-24
Sports Park Page 1
155
HARDSCAPE , SITE FURNISHINGS & AMENITIES
ITEM UNIT QTY COST/UNIT EXTENSION
13 Concrete Paving SF 59,700 $ 7.00 $ 417,900.00
14 6" Wide Concrete Mow Band LF 1,796 $ 30.00 $ 53,880.00 15 6" Wide Concrete Curb @ Play Area LF 83 $ 50.00 $ 4,150.00 16 Play Tile Surfacing SF 4,403 $ 25.00 $ 110,075.00
17 Split Rail Fence LF 4,146 $ 50.00 $ 207,300.00
18 ADA Accessible Drinking Fountain EA 3 $ 7,500.00 $ 22,500.00 19 Waste Receptacle EA 12 $ 4,000.00 $ 48,000.00
20 20' x 30' Shade Pavilion EA 3 $ 40,000.00 $ 120,000.00 21 Play Structures (Ages 2-5 / Ages 5-12) ALLOW 1 $ 200,000.00 $ 200,000.00 22 Bike Rack EA 2 $ 835.00 $ 1,670.00
23 Picnic Table EA 9 $ 2,500.00 $ 22,500.00
24 ADA Picnic Table EA 6 $ 2,500.00 $ 15,000.00
25 Bench EA 8 $ 1,200.00 $ 9,600.00
26 BBQ EA 2 $ 1,200.00 $ 2,400.00
27 Pedestal Service Table EA 2 $ 1,200.00 $ 2,400.00
28 Removable Bollards EA 15 $ 500.00 $ 7,500.00
29 Dog Waste Pick-Up Station EA 2 $ 1,200.00 $ 2,400.00 30 Park Monument Sign ALLOW 1 $ 5,400.00 $ 5,400.00
31 15' Long Ballfield Aluminum Dugout Players Bench EA 6 $ 900.00 $ 5,400.00 32 15' Long Ballfield Aluminum 3-Row Tiered Bleacher EA 6 $ 3,600.00 $ 21,600.00 33 54' Wide Ballfield Hooded Chainlink Backstop EA 3 $ 40,000.00 $ 120,000.00 34 Home Plate, Bases, Pitcher's Mound EA 3 $ 800.00 $ 2,400.00 35 6" Thick Ballfield Infield Paving Mix SF 49,548 $ 3.00 $ 148,644.00 36 8' Tall Chainlink Fence at Dugout LF 294 $ 125.00 $ 36,750.00 37 7' Tall x 3' Wide Chainlink Gate at Ballfield EA 12 $ 2,000.00 $ 24,000.00 38 12' Tall Chainlink Fence at Ballfield LF 470 $ 175.00 $ 82,250.00 39 Prefabricated Restroom Building ALLOW 1 $ 70,000.00 $ 70,000.00 Subtotal $ 1,763,719.00
SUB TOTAL : $ 7,009,153.45
10% CONTINGENCY: $ 700,915.35
GRAND TOTAL : $ 7,710,068.80
ITEMS NOT INCLUDED
1 Rough Grading (Per Civil)
2 Drainage Structures (per Civil)
3 Fees and Permits
4 Asphalt Paving
5 Irrigation P.O.C (Per Dal Porto Ranch Lake Park Landscape Plans) 6 Park Lighting
7 Parking Lot (Excluding Planting Areas)
8 Conduit & Pull Boxes for Future Security Cameras
9 Performance Bonds
10 90 Day Maintenance
11 Landscape Drains
Sports Park Page 2
156
EXHIBIT B
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.
157
Other Insurance Provisions
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.
158
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.
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. 159
EXHIBIT C
VERIFICATION OF INSURANCE
160
161
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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E, Public Works Director/City Engineer SUBJECT: Adopting a Resolution Accepting the Subdivision Improvements Associated with Subdivision 9284 The Ranchettes at Neroly Located at the Southeast Corner of Oakley Road and Neroly Road
Background and Analysis
On September 11, 2018, the City Council adopted Resolution 111-18 conditionally approving the tentative map for Subdivision 9284, a 13-unit single family residential lot subdivision. The Ranchettes at Neroly Subdivision is located on the southeast corner of Oakley Road and Neroly Road.
On June 14, 2022, the City of Oakley entered into a Subdivision Improvement Agreement with Ranchettes at Neroly, LLC, a California limited liability company, for the development of a residential subdivision, Subdivision 9284, known as The Ranchettes at Neroly.
On June 14, 2022, the City of Oakley approved the Final Map of Subdivision 9284, The Ranchettes at Neroly Subdivision. The Final Map for this subdivision was recorded in 2022. Following the recording of the Final Map, the developer proceeded with construction of the public infrastructure per the Subdivision Improvement Agreement.
The City of Oakley Public Works and Engineering staff has inspected the Subdivision Improvements and have determined that the Developer has since completed all the required improvements for Oakley Road, Neroly Road, and Almondwood Place. At this time, the Developer has requested that the City accept the improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans.
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
Upon acceptance of the improvements, the City will be obligated to maintain the public infrastructure along Oakley Road, Neroly Road, and Almondwood Place. Preventative Approved and
Forwarded to the
City Council
162
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US street maintenance for public roadway improvements will be funded using Gas Tax.
Landscape improvements within public right of way will be maintained by the fronting property owner.
Staff Recommendation
Staff recommend that the City Council adopt the Resolution accepting the subdivision improvements associated with The Ranchettes at Neroly Subdivision and for the City to begin the maintenance of the public infrastructure for this subdivision.
Attachments
Attachment 1. Vicinity Map
Attachment 2. Resolution
163
VICINITY MAP
The Ranchettes at Neroly Subdivision 9284
164
Resolution No. __-24 Page 1 of 2
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH SUBDIVISION 9284 THE
RANCHETTES AT NEROLY LOCATED ON THE SOUTHEAST CORNER OF OAKLEY
ROAD AND NEROLY ROAD
WHEREAS, on September 11, 2018, the City Council adopted Resolution 111-18 conditionally approving the tentative map for Subdivision 9284, a 13-unit single family residential lot subdivision. The Ranchettes at Neroly Subdivision is located on the southeast corner of Oakley Road and Neroly Road; and
WHEREAS, on June 14, 2022, the City of Oakley entered into a Subdivision Improvement Agreement with Ranchettes at Neroly, LLC, a California limited liability company, for the development of a residential subdivision, Subdivision 9284, known as The Ranchettes at Neroly; and
WHEREAS, on June 14, 2022, the City of Oakley approved the Final Map of Subdivision 9284, The Ranchettes at Neroly Subdivision. The Final Map for this subdivision was recorded in 2022. Following the recording of the Final Map, the developer proceeded with construction of the public infrastructure per the Subdivision Improvement Agreement; and WHEREAS, the City of Oakley Public Works and Engineering staff has inspected the Subdivision Improvements and have determined that the Developer has since completed all the required improvements for Oakley Road, Neroly Road, and Almondwood Place. At this time, the Developer has requested that the City accept the improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans; and
WHEREAS, staff recommend that the City Council adopt the Resolution accepting the subdivision improvements associated with The Ranchettes at Neroly Subdivision, begin the one year warranty period, and for the City to begin the maintenance of the public infrastructure for this subdivision;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley as follows:
a) Accept the dedication for Oakley Road, Neroly Road, and Almondwood Place for public use as recorded in The Ranchettes at Neroly Subdivision (9284) in Map Book 551, Page 14, and
b) Accept the dedication for Almondwood Place for public use as recorded in Almondwood Subdivision 5225 Map, Book 219, Page 21, and 165
Resolution No. __-24 Page 2 of 2
c) The roadway improvements for Oakley Road, Neroly Road, and Almondwood Place are accepted and begin the maintenance by the City, and d) In accordance with the City Clerk’s Statement on the Subdivision Final Map, this portion of the map related to these roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 12th day of November 2024 by the
following vote.
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ________
Libby Vreonis, City Clerk Date
166
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kim Snodgrass, Deputy City Clerk
SUBJECT: Adopt a Resolution Amending the City’s Proclamation Policy to add Small Business Saturday to the Approved Proclamation List.
Background and Analysis
On August 9, 2022, the Oakley City Council approved a proclamation policy. In accordance with the policy, the Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to the policy and are on a pre-approved list adopted by the City Council. Proclamations not on the list may be submitted and brought forth to the City Council for consideration. Recognition of Small Business Saturday is not on the pre-approved list; therefore, approval is requested.
Consistency with the Oakley Strategic Plan 27+
Council engagement with community partners is consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+.
Fiscal Impact
None.
Staff Recommendation
Staff recommends that the City Council review the requested proclamation and either approve or deny.
Attachments
1. Proposed Resolution
2. Sample Proclamation
Approved and
Forwarded to the
City Council
167
Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING THE CITY’S APPROVED PROCLAMATION LIST
BE IT RESOLVED by the City Council of the City of Oakley that the City’s Approved Proclamation List is hereby Amended to add Small Business Saturday.
PASSED AND ADOPTED by the City Council of the City of Oakley this 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ __________________
Libby Vreonis, City Clerk Date
168
Whereas, the government of CITY, STATE, celebrates our local small businesses and the contributions they make to our local economy and community; and
Whereas, according to the United States Small Business Administration, there are 34.7 million small businesses in the United States, small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 61.1% of net new jobs created since 1995, and small businesses employ 45.9% of the employees in the private sector in the United States, and
Whereas, 68 cents of every dollar spent at a small business in the U.S. stays in the local community and every dollar spent at small businesses creates an additional 48 cents in local business activity as a result of employees and local businesses purchasing local goods and services; and Whereas, 59% of U.S. consumers aware of Small Business Saturday shopped or ate at a small, independently owned retailer or restaurant on Small Business Saturday 2023; and Whereas, CITY, STATE, supports our local businesses that create jobs, boost our local economy, and preserve our communities; and
Whereas, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday.
Now, Therefore, I, MAYOR NAME, Mayor of CITY, STATE, do hereby proclaim, November 30, 2024, as
SMALL BUSINESS SATURDAY
And urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday – celebrating its 15th year in 2024 – and Shop Small throughout the year. 169
STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving the Agreement with O’Hara Properties, LLC (APN 035-510-009) for “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” for DR 08- 20 Quick Quack Car Wash Project Located at 1054 Laurel Plaza and Authorizing the City Manager to Execute the Agreement
Background and Analysis
The installation of the Permanent Stormwater Pollution Prevention Measures (BMP’s) for the DR 08-20 Quick Quack Car Wash project was constructed with the improvements associated with the project. The City’s Stormwater Management and Discharge Control Ordinance requires proper operation and maintenance of the permanent BMP’s by the respective property owners. The “Stormwater Management Facility Operation and Maintenance Agreement and Right of Entry” memorializes the owner’s maintenance, operations and inspection obligation under the City’s Ordinance and the approved plans.
Under the Contra Costa Countywide National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit, projects “deemed complete” after February 15, 2005, are to comply with the provisions of the Permit. The City adopted an Ordinance, as required by the Permit, to enable this activity within the City of Oakley. A requirement of the permit is that each property implement stormwater treatment devices, fund the perpetual maintenance of those devices, and enter into an agreement with the City stating that the property owner will maintain the devices, grant a right of entry to City staff for inspections, and agree to pay the cost of City inspections.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ for Community Health and Safety Goal.
Fiscal Impact
There is no fiscal impact associated with the agreement since all inspection, operations, and maintenance costs are the responsibility of the property owners.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” for DR 08-20 Quick Quack Car Wash Project located at 1054 Laurel Road and authorize the City Manager to sign the agreement on behalf of the City.
Approved and
Forwarded to the
City Council
170
STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Attachments
1) Resolution
2) “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” for DR 08-20 Quick Quack Car Wash Project 171
Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA APPROVING THE AGREEMENT WITH O’HARA PROPERTIES, LLC (APN 035-510-009) FOR “STORMWATER MANAGEMENT FACILITY OPERATIONS AND MAINTENANCE AGREEMENT AND RIGHT OF ENTRY” FOR DR 08-20 QUICK QUACK CAR WASH PROJECT LOCATED AT 1054
LAUREL ROAD AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the City of Oakley’s Stormwater Management and Discharge Control Ordinance requires proper operation and maintenance of the Permanent Stormwater Pollution Prevention Measures installed for the Quick Quack Car Wash Project; and
WHEREAS, the “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” memorializes the owner’s maintenance, operations, and inspection obligations under the City’s Ordinance and the approved plans; and WHEREAS, the installation of the Permanent Stormwater Pollution Prevention Measures for the Quick Quack Car Wash project will be consistent with the approved improvement plans; and
WHEREAS, O’Hara Properties, LLC, the current owner of the parcel described in Exhibit A, desires to execute the “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry”; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does hereby approve the “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” for the Quick Quack Car Wash project in the form attached hereto as Exhibit A and authorizes the City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
172
Resolution No. __-24 Page 2
APPROVED:
_______________________
ATTEST: Anissa Williams, Mayor
______
Libby Vreonis, City Clerk Date
173
1 04/29/2021
Recording Requested By:
CITY OF OAKLEY
Return to: CITY OF OAKLEY
City Clerk
3231 Main Street
Oakley, CA 94561
______________________________________________________________________________
Document Title
CITY OF OAKLEY
COVENANT RUNNING WITH THE LAND,
STORMWATER MANAGEMENT FACILITY OPERATIONS
AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY
(Single Parcel)
PROJECT: Quick Quack Car Wash (1054 Laurel Road)
OWNERS NAMES: O’Hara Properties, LLC
ASSESSOR'S PARCEL NUMBER: 035-510-009
174
2 COVENANT RUNNING WITH THE LAND,
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT,
AND RIGHT OF ENTRY
This Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry ("Agreement") is made and entered into this 12th day of November, 2024, by and between O’Hara Properties, LLC, (hereinafter referred to as "Property Owner") and The City of Oakley, a municipal corporation ("City").
The following terms used in this Agreement shall have the meanings specified below:
DEFINITIONS
Maintain: The term "Maintain" or "Maintained" shall mean taking all actions reasonably necessary to keep the Stormwater Facility in first class operation, condition and repair, which actions include but are not limited to regular inspections, painting, cleaning, maintenance, refinishing, repairing, replacing and reconstructing the Stormwater Facility, and in the case of landscaping, plant replacement, mulch replacement, irrigating, trimming, mowing, and fertilizing the landscaping. The term shall also include the routine maintenance, and the annual inspection and reporting described in the Stormwater Control Operation and Maintenance Plan, and the payment of any applicable City fees.
NPDES Permit: The term "NPDES Permit" shall mean the San Francisco Bay Regional Water Quality Control Board's National Pollutant Discharge Elimination System (NPDES) Permit No. CAS0029912 (issued to the City of Oakley) as amended, and as may be superseded by subsequent NPDES permits that are reissued from time to time.
Ordinance: The term "Ordinance" shall mean Chapter 11 of Title 6 of the City of Oakley Municipal Code (Stormwater Management and Discharge Control), as may be amended from time to time.
Property Owner: The term "Property Owner" and "Property Owners" shall mean O’Hara Properties, LLC and all heirs, successors, executors, administrators and assigns of ownership in the Property, it being the intent of the parties hereto that the obligations undertaken in this Agreement, as provided in Civil Code section 1468, run with the Property described in Exhibit A and constitute a lien against the Property.
Property: The term "Property" shall mean that certain real property located at 1054 Laurel Road, and more particularly described in Exhibit A which is attached hereto and hereby incorporated herein by reference.
Plan: The term "Plan" or "Operation and Maintenance Plan" means the City-approved Stormwater Control Operation and Maintenance Plan prepared by AMS Associates, Inc. and approved by the City Engineer in writing, which may be subsequently modified from time to time with City Engineer's written approval.
175
3 Stormwater Facility: The term "Stormwater Facility" means the permanent stormwater management facilities located and constructed on the Property.
RECITALS
This Agreement is made and entered into with reference to the following facts:
A. The Property Owner is the owner of the real property more particularly described on the attached Exhibit A.
B. The City is the owner of Laurel Road and O’hara Avenue, and its storm drains that are adjacent to the Property, and the City is required to ensure that stormwater run-off from the Property into its storm drains meets the requirements of its NPDES Permit.
C. To meet its obligations under its NPDES Permit the City has required the Property Owner to construct the Stormwater Facility on the Property.
D. To meet its obligations under its NPDES Permit the City has approved the Property Owner's Operation and Maintenance Plan for the Stormwater Facility.
E. To meet its obligations under its NPDES Permit the City’s Ordinance requires proper operation and maintenance in perpetuity of the Stormwater Facility constructed on the Property.
F. The Plan includes an annual inspection and reporting requirement for the Stormwater Facility constructed on the Property.
G. This Agreement memorializes the Property Owner's maintenance, operations, and inspection obligations under the City’s Ordinance, the City's NPDES Permit and the Plan.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
SECTION 1
Responsibility for Operation and Maintenance: No portion of the Stormwater Facility may be altered, in any way, by the Property Owner without the prior written consent of the City Engineer of the City of Oakley. The Property Owner shall Maintain the Stormwater Facility in first class operating condition, and in compliance with all applicable state, county and city laws and regulations. Applicable regulations include, but are not limited to, the City-approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time.
The Property Owner shall engage a landscape contractor or other licensed contractor to Maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole 176
4 absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility.
SECTION 2
Inspection by Property Owner: The Property Owner shall cause its contractor to conduct annual inspections during the month of September of each year. The annual inspection report shall include completion of the checklist described in the approved Operation and Maintenance Plan. The Property Owner or its contractor must submit the inspection report to the City Engineer within 30 days after the annual inspection. A Management and/or Inspection fee established in the City's standard fee schedule shall accompany the annual inspection report.
SECTION 3
Right of Entry and Stormwater Facility Inspection by the City: The Property Owner hereby grants permission to the City, its authorized agents and employees, and Ironhouse Sanitary District, the East Contra Costa Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board to enter the portion of the Property where the Stormwater Facility is located, and to inspect the Stormwater Facility whenever any of the forgoing entities deems necessary to enforce provisions of the City's Ordinance.
These entities may enter the premises at any reasonable time to inspect the Stormwater Facility's maintenance and operation, to inspect and copy records related to compliance with stormwater regulations, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry.
SECTION 4
Failure to Perform Required Stormwater Facility Repairs or Maintenance by the Property Owner: If the Property Owner or its successors fails to Maintain the Stormwater Facility in good working order and in accordance with the approved Plan and the City’s Ordinance, the City, with prior notice, may enter the Property to return the Stormwater Facility to good working order. The City is under no obligation to Maintain or repair the Stormwater Facility, and this Agreement may not be construed to impose any such obligation on the City. If the City, under this section takes any action to return the Stormwater Facility to good working order, the Property Owner shall reimburse the City for all the costs incurred by the City, including administrative costs. The City will provide the Property Owner with an itemized invoice of the City’s costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the City may secure a lien against the real property of the Property Owner in the amount of such costs. In addition, the City may make the cost of abatement of the nuisance caused by the failure to Maintain the Stormwater Facility a special assessment against the Property that may be collected at the same time and in the same manner as ordinary municipal taxes are collected as provided in Government Code section 38773.5. This Section 4 does not prohibit the City from pursuing other legal recourse against the Property Owner.
SECTION 5
177
5 Indemnity: The Property Owner agrees to defend, indemnify and holds harmless the City, its officials, employees and its authorized agents from any and all damages, accidents, casualties, occurrences, claims, penalties or fines which might arise or be asserted against the City and which are in any way connected with the construction, operation, presence, existence or maintenance of the Stormwater Facility by the Property Owner, or from any personal injury or property damage that may result from the City or other public entities entering the Property under Section 3 or 4.
SECTION 6
Successors and Assigns: The covenants of the Property Owner set forth in numbered Sections 1 through 5 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Property Owner, its successors and assigns in ownership (or any interest therein), for the benefit of Laurel Road and its storm drains and each and every part thereof and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns in ownership of each and every part of the Street and storm drains.
SECTION 7
Severability: Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect.
Recommended for approval: City of Oakley:
____________________________________ ______________________________ Kevin Rohani, City Engineer Joshua, McMurray, City Manager Reviewed by: Attest:
____________________________________ ______________________________ Derke Cole, City Attorney Libby Vreonis, City Clerk
Property Owners:
____________________________________
O’Hara Properties, LLC, Owner’s Name
_____________________________________
Owner’s Name
Attachments: Acknowledgements
Exhibit A
178
6 Exhibit A
State of California
County of Contra Costa
On_______________, before me, ____________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature________________________
Signature of Notary Public
A Notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
179
7 EXHIBIT A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED OAKLEY, IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
All that real property situate in the City of Oakley, County of Contra Costa, State of California, described as follows:
Being a portion of Lot 1 as shown on the Map entitled “Subdivision Map 9188” recorded October 8, 2008, in Book 508 of Maps, at Pages 24-26, Contra Costa County Records, more particularly described as follows:
Beginning at the southwest corner of said Lot 1; thence from said point of beginning along the perimeter boundary of said Lot 1 the following Two (2) courses and distances:
North 1° 1’ 36” East 290.26 feet;
South 88° 58’ 24” East 119.80 feet;
Thence leaving the perimeter of said Lot South 1° 01’ 36” West 289.40 feet to the South line of said Lot 1; thence along said South line North 89° 23’ 02” West 119.90 feet to the point of beginning for this description.
As shown as Parcel B, in that certain “Lot Line Adjustment LLA 17-01”, recorded May 24, 2017, instrument No.2017-0089927, of Official Records.
EXCEPTING THEREFROM:
All oil, gas and other hydrocarbon substances and all other minerals and associated substances contained within or underlying the said property which are at or below a depth of 500 feet from the surface there from, with any right of surface entry as reserved in the Deed from Louis Del Barba et al, recorded December 31, 1979, in Book 9677 of Official Records, Page 495, and as conveyed in Quitclaim Deed from Louis J. Del Barba, Frederick J. Del Barba and Shirley A. Del Barba to Emma Del Barba, as to an undivided One-half (1/2) interest, recorded December 31, 1979, in Book 9677 of Official Records, Page 502.
PARCEL TWO:
An Easement for Access, Parking , Utilities and Drainage as shown in that certain document entitled “Amended and Restated Reciprocal Easement and Management Agreement and Declaration of Covenants, Conditions and Restrictions, recorded September 27, 2017, in Instrument No. 2017- 0177054, of Official Record, as amended by that document entitled “First Amendment to Amended and Restated Reciprocal Easement and Management Agreement and Declaration of Covenants, Conditions and Restrictions, recorded August 2, 2019, in Instrument No. 2019-012216, of Official Records.
APN: 035-510-009
180
Order: 01003253 Page 8 of 8 Requested By: thurlpankey, Printed: 9/14/2019 9:38 AM Doc: CACONT:2017 00089927 181
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: November 12, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving the Agreement with O’Hara Properties, LLC for “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” for DR 08-20 Quick Quack Car Wash Located at 1054 Laurel Road and Authorizing the City Manager to Execute the Agreement
Background and Analysis
On April 11, 2023, the City Council adopted Resolution 43-23 approving the Quick Quack Car Wash Project Design Review (DR 08-20) that is located at 1054 Laurel Road (APN 035-510-009). The project drive-through car wash facility.
Condition 55 of the Conditions of Approval requires the owner to enter into an agreement with the City to maintain landscaping within the project right-of-way fronting the project at the property owner’s expense to a standard acceptable and agreed upon by the City.
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Development Goals.
Fiscal Impact
There is no fiscal impact associated with the agreement since all inspection, operations, and maintenance costs are the responsibility of the property owner.
Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” for DR 08-20 Quick Quack Car Wash Project and authorizing the City Manager to sign the agreement on behalf of the City.
Attachments
1) Resolution
2) “Agreement for Property Owner for Provision of Landscaping in the Public Right of Way” for DR 08-20 Quick Quack Car Wash Project located at 1054 Laurel Road
Approved and
Forwarded to the
City Council
182
Resolution No. __-24 Page 1
RESOLUTION NO. __-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, APPROVING THE AGREEMENT WITH O’HARA PROPERTIES, LLC (APN 035-510-009) FOR “AGREEMENT OF PROPERTY OWNER FOR
PROVISION OF LANDSCAPING IN THE PUBLIC RIGHT OF WAY PURSUANT TO CONDITIONS OF APPROVAL” FOR DR 08-20 QUICK QUACK CAR WASH PROJECT LOCATED AT 1054 LAUREL ROAD AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on April 11, 2023, the City Council adopted Resolution 43-23 approving the Quick Quack Car Wash Project Design Review (DR 08-20) with Conditions of Approval and Conditional Use Permit (CUP 02-20) for the property located at 1054 Laurel Road (APN 035-510-009); and
WHEREAS, Condition of Approval No. 55 sets the requirement for the property owners to execute this agreement to maintain right of way landscaping adjacent to the site at the owner’s expense; and
WHEREAS, execution of this agreement will satisfy the requirements of Condition of Approval No. 55; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does hereby approve the “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way Pursuant to Conditions of Approval” for the Quick Quack Car Wash Project in the form attached hereto as Exhibit A and authorize the City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 12th of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
_______________________
ATTEST: Anissa Williams, Mayor
______
Libby Vreonis, City Clerk Date
183
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Oakley
3231 Main Street
Oakley, CA 9461
Record without fee subject to
Government Code 6103
APN 035-510-009 Space above this line for Recorder’s Use
AGREEMENT OF PROPERTY OWNER FOR PROVISION OF LANDSCAPING IN
THE PUBLIC RIGHT OF WAY PURSUANT TO CONDITIONS OF APPROVAL Project Name
THIS AGREEMENT OF PROPERTY OWNER FOR PROVISION OF LANDSCAPING IN THE PUBLIC RIGHT OF WAY PURSUANT TO CONDITIONS OF APPROVAL (this “Landscaping Agreement”) is dated as of November 12, 2024 and evidences the agreement by and between (i) O’Hara Properties, LLC (the "Property Owner"), as the owner of certain property located on 1054 Laurel Road, California and Assessor’s Parcel Number 035-510-009 within the City of Oakley, County of Contra Costa, which property that is the subject of this Landscaping Agreement (the “Property”) and (ii) the CITY OF OAKLEY, a municipal corporation and general law city of the State of California (the “City”).
THE PROPERTY OWNER AS THE OWNER OF THE PROPERTY AND THE CITY HEREBY AGREE AS FOLLOWS:
Section 1. Obligations of Property Owner:
(a) This Landscaping Agreement is entered into between the parties pursuant to maintenance of the required landscaping per Condition of Approval No. 55 of those certain land use entitlements as described in Resolution No. 43-23 of the Oakley City Council, and other applicable law, for the purpose of providing for the private maintenance and operation of certain landscaping within agreed upon areas of the public right of way. Exhibit “A” as attached hereto and incorporated herein illustrates the Property and the areas of the public right of way that are the subject of this Landscaping Agreement which are intended to be maintained by the Property Owner (the “Property Owner Landscaping Areas”).
(b) Property Owner shall comply with the requirements of this Landscaping Agreement, including the landscape maintenance requirements described in Section 2. Upon a default by the Property Owner of any material obligation incurred pursuant to this Landscaping Agreement or termination of this Landscaping Agreement by the City, the Property Owner shall be obligated to reimburse City for costs incurred by the City for the default of the Property Owner as to the Property Owner Maintenance Areas. Such reimbursement to the City shall be in an amount to fully 184
reimburse the City for all costs incurred by the City resulting from the default by the Property Owner including the costs of the annual maintenance and servicing of the landscaping and administration and collection of reimbursement during the City fiscal year in which the default occurs and in each subsequent City fiscal year. Such costs shall be considered a debt to the City and shall constitute a lien or, in the alternative, a special assessment against the Property.
Section 2. Landscape Maintenance.
The Property Owner shall be required to perform landscape maintenance and servicing within the Property Owner Landscaping Areas. As used herein, the words "maintenance and servicing" mean and refer to the furnishing of services and materials for the ordinary and usual maintenance, operation of the landscaping including providing for the growth, health, cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti and costs reasonably incidental thereto.
Section 3. Default by Owner; Termination by City.
The City shall have the right to terminate this Landscaping Agreement in the event the Property Owner shall have failed to perform the maintenance or the furnishing of services described in Section 2 above within the Property Owner Maintenance Areas or any portion thereof following at least thirty (30) days' prior written notice from the City Engineer to the Property Owner ordering the Property Owner to perform the maintenance or furnishing of the services described in such notice as required by this Landscaping Agreement. Upon the expiration of such 30-day notice and cure period, in the event the Property Owner has not cured the default, the City Engineer shall have the right at any time thereafter to terminate this Landscaping Agreement effective upon the receipt of notice of termination by the Property Owner (as provided in Section 5(b) herein). The City Engineer shall also have the right to terminate this Landscaping Agreement in the event the Property Owner shall have failed to perform the maintenance or furnishing of the services described in Section 2 within the Property Owner Maintenance Areas or any portion thereof which results in a hazardous safety situation in the professional opinion of the City Engineer, following at least 48 hours prior written notice to the Property Owner to completely cure said hazardous safety situation, and the Property Owner has failed to so completely cure (or to have commenced such cure with diligent efforts to cure) upon the expiration of such 48-hour notice and cure period.
Any termination of this Landscaping Agreement may be appealed by the Property Owner to the City Manager, who shall be presented with the facts and circumstances of any alleged default together with any recommendations for the termination of this Landscaping Agreement. Upon the termination of this Landscaping Agreement by the City Engineer, the City shall thereupon undertake the regular periodic landscape maintenance and seek collection of the annual landscape maintenance amount against the Property in the same manner described above in Section 1(b).
Section 4. Reserved.
Section 5. Notices and Communications Between the Parties. (a) Any and all notices, demands or communications submitted by either party to another party pursuant to or as required by this Landscaping Agreement shall be proper if in writing and 185
dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, or transmitted by FAX and confirmed by the sender by First Class United States Mail postage prepaid or by personal delivery and in each case, addressed to the principal office of the parties, as applicable, as designated below.
To City:
Public Works Director
3231 Main Street
Oakley, CA 94561
To Property Owner:
O’Hara Properties LLC
C/O Blackhawk Services Co
3820 Blackhawk Road
Danville, CA 94506
(b) Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate as provided in this Section.
Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender on the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, the date sent by FAX and confirmed by First Class United States Mail or two (2) calendar days after it is placed in the United States Mail or personal delivery as heretofore provided. (c) Either party may change its address for notice by giving written notice of such change to the other party not less than ten (10) days prior to the effective date of such address change. If a party has not provided an address for notice, any other party may deliver notice to such party at the address shown as the address for the owner of the property in question in the county tax records.
Section 6. Acceptance of Assessment Lien.
The Property Owner for itself and its successors and assigns hereby acknowledges and consents to the collection of any special assessments as may hereafter be assessed by the City under either Section 1(b) or Section 3, at the same time and in the same manner as County of Contra Costa general property taxes are collected against real property and all the laws providing for the collection and enforcement of County of Contra Costa property taxes shall apply to the collection and enforcement of any such assessments. Nothing shall prevent the City from accelerating the foreclosure of any assessment lien and independently pursuing judicial remedies for the enforcement of any assessment lien in the manner as may be available to the City pursuant to the Municipal Code or other applicable California law.
Section 7. Term of Agreement.
This Landscaping Agreement shall remain in full force and effect unless terminated as permitted in this Landscaping Agreement.
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Section 8. City Confirmation.
On request from time-to-time of the Property Owner, the City Engineer shall confirm in writing, addressed as requested by the Property Owner, the existence of this Landscaping Agreement and the existence or non-existence of any defaults hereunder then known to the City Engineer.
Section 9. Non-discrimination.
In performing this Landscaping Agreement, Property Owner shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.
Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735.
Section 10. Entire Agreement Amendment and Termination.
This Maintenance Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations.
The terms of this Landscaping Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Landscaping Agreement.
This Landscaping Agreement may be amended or terminated only by written agreement, signed by the parties in interest at the time of such amendment or termination, except as also provided in Section 3, regarding termination.
Section 11. Attorneys’ Fees.
In the event that litigation is brought by any party in connection with this Landscaping Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his or her office in connection with that action, shall be considered as “attorneys’ fees” for the purposes of this Landscaping Agreement.
Section 12. Governing Law.
This Landscaping Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Landscaping Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Contra Costa County, California.
Section 13. Indemnification and Hold Harmless.
Property Owner shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorneys' fees, damage to property or injuries to or death of any person or persons or 187
damages of any nature including, but not limited to, all civil claims or workers' compensation claims, arising out of or in any way connected with the acts, errors or omissions of Property Owner, its employees, agents or subcontractors in the performance of this Landscaping Agreement.
Section 14. No Third Party Beneficiary Rights.
This Landscaping Agreement is entered into for the sole benefit of City and Property Owner and no other parties are intended to be direct or incidental beneficiaries of this Landscaping Agreement and no third party shall have any right in, under or to this Landscaping Agreement.
Section 15. Headings.
Paragraphs and subparagraph headings contained in this Landscaping Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Landscaping Agreement.
Section 16. Construction.
The parties have participated jointly in the negotiation and drafting of this Landscaping Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Landscaping Agreement, this Landscaping Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Landscaping Agreement.
Section 17. Waiver.
The delay or failure of either party at any time to require performance or compliance by the other of party of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Landscaping Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
Section 18. Severability.
Every provision of this Landscaping Agreement is and shall be construed to be a separate and independent covenant. Without limiting the generality of the foregoing, if any provision of this Landscaping Agreement is found to be invalid or unenforceable for any reason, then the remainder of this Landscaping Agreement shall not be affected and shall be enforced to the extent permitted by law and the parties shall negotiate in good faith for such amendments to this Landscaping Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
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