Clayton City Council
September 20, 2022

AGENDA

REGULAR MEETING
* * *

CLAYTON CITY COUNCIL
* * *
TUESDAY, September 20, 2022
7:00 P.M.
*** NOTICE***
Members of the public will be able to participate either in-person at Hoyer Hall, Clayton Community Library
6125 Clayton Road, Clayton, CA 94517
or
remotely via Zoom.

Mayor: Peter Cloven
Vice Mayor: Holly Tillman
Council Members
Jim Diaz
Jeff Wan
Carl Wolfe
• A complete packet of information containing staff reports and exhibits related to each public item is available for public review on the City’s website at www.claytonca.gov • Agendas are posted at: 1) City Hall, 6000 Heritage Trail; 2) Library, 6125 Clayton Road; 3) Ohm’s Bulletin Board, 1028 Diablo Street, Clayton; and 4) City Website at www.claytonca.gov • Any writings or documents provided to a majority of the City Council after distribution of the Agenda Packet and regarding any public item on this Agenda is available for review on the City’s website at www.claytonca.gov
• If you have a physical impairment that requires special accommodations to participate, please call the City Clerk’s office at least 72 hours in advance of the meeting at (925) 673-7300. _____________________________________________________________________________________________ Agenda September 20, 2022 Page 2
Instructions for Virtual City Council Meeting – September 20 Tonight’s meeting will be available to the public both in-person and remotely via Zoom. As a courtesy, and technology permitting, members of the public may continue to provide live remote oral comment via the Zoom video conferencing platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time.

To follow or participate in the meeting:

1. Videoconference: to follow the meeting on-line, click here to register:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw After clicking on the URL, please take a few seconds to submit your first and last name, and e-mail address then click “Register”, which will approve your registration and a new URL to join the meeting will appear.

Phone-in: Once registered, you will receive an e-mail with instructions to join the meeting telephonically, and then dial Telephone: 877 853 5257 (Toll Free)

2. using the Webinar ID and Password found in the e-mail.

E-mail Public Comments: If preferred, please e-mail public comments to the City Clerk, Ms.

Calderon at [email protected] by 5 PM on the day of the City Council meeting. All E-mail Public Comments will be forwarded to the entire City Council.

For those who choose to attend the meeting via videoconferencing or telephone shall have 3 minutes for public comments.

Location:

Videoconferencing Meeting (this meeting via teleconferencing is open to the public) To join this virtual meeting on-line click here:
https://us02web.zoom.us/webinar/register/WN_suxMeIgbQNWPGzIqaBNXFw To join on telephone, you must register in the URL above, which sends an e-mail to your inbox, and then dial (877) 853-5257 using the Webinar ID and Password found in the e-mail. _____________________________________________________________________________________________ Agenda September 20, 2022 Page 3
* CITY COUNCIL *
September 20, 2022

1. CALL TO ORDER AND ROLL CALL – Mayor Cloven.

2. MEETING PROTOCOL VIDEO– City Clerk

3. PLEDGE OF ALLEGIANCE – led by Mayor Cloven

4. CONSENT CALENDAR
Consent Calendar items are typically routine in nature and are considered for approval by one single motion of the City Council. Members of the Council, Audience, or Staff wishing an item removed from the Consent Calendar for purpose of public comment, question, discussion or alternative action may request so through the Mayor.
(a) Approve the minutes of the City Council’s regular meeting of August 16, 2022. (City Clerk) (View here)
(b) Approve the Financial Demands and Obligations of the City. (Finance) (View here)
(c) Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings as Needed during the COVID-19 State of Emergency Under AB 361. (City Manager) (View here)
(d) Adopt a Resolution (Traffic Order #1) to Restrict U-Turns on Four Oaks Lane During School Drop Off and Pick Up Time Periods. (City Engineer) (View here) (e) Approve a Resolution Authorizing the Third Amendment to an Existing Agreement with Allied Waste Systems, Inc. for Continued Solid Waste and Recyclable Materials Management Services. (City Manager) (View here) (f) 2022 Conflict of Interest Code – No changes recommended by City Clerk. (City Clerk) (View here)

5. RECOGNITIONS AND PRESENTATIONS
(a) Information Only – No Action Requested.
• National Hispanic Heritage Month (September 15 – October 15) • Constitution Day and Citizenship Day (September 17)
_____________________________________________________________________________________________ Agenda September 20, 2022 Page 4
(b) Proclamation declaring September as “Library Card Sign-up Month” in the City of Clayton. (Mayor Cloven) (View here)
(c) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Inclusion” during the months of May, June and July 2022. (Mayor Cloven) (View here)
(d) Certificates of Recognition to public school students for exemplifying the “Do the Right Thing” character trait of “Courage” during the month of August 2022. (Mayor Cloven) (View here)

6. REPORTS
(a) City Manager/Staff
(b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

7. PUBLIC COMMENT ON NON - AGENDA ITEMS
Members of the public may address the City Council on items within the Council’s jurisdiction, (which are not on the agenda) at this time. To assure an orderly meeting and an equal opportunity for everyone, each speaker is limited to 3 minutes, enforced at the Mayor’s discretion.

In accordance with State Law, no action may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may at its discretion request Staff to report back at a future meeting concerning the matter.

Public comment and input on Public Hearing, Action Items and other Agenda Items will be allowed when each item is considered by the City Council.

8. PUBLIC HEARINGS
(a) Public Hearing on Proposed Community Facilities District No. 2022-01 (Public Services) – Approve the Resolution of Formation, Resolution Calling Election, Resolution Declaring Results of Election, and First Reading of the Ordinance. (City Engineer) (View here)

9. ACTION ITEMS
(a) Approve by Minute Order the Placement of Plaques in Memory of Braden Fahey at The Grove Park and Clayton Community Park. (City Manager) (View here)
(b) Approval of Preliminary Design Concept for Complete Streets Feasibility Study on Pine Hollow Road (Joint Project with City of Concord). (City Engineer) (View here)
_____________________________________________________________________________________________ Agenda September 20, 2022 Page 5
(c) Discussion and Feedback to Clayton’s TRANSPAC Representative Regarding CCTA/TRANSPAC Designation of Marsh Creek Road and Clayton Road as Routes of Regional Significance. (City Engineer) (View here) (d) Approve by Minute Order the Request from CEMEX to Provide a Letter of Support for CEMEX’s Quarry Reclamation Plan Amendment. (City Manager) (View here)

10. CLOSED SESSION – None.

11. COUNCIL ITEMS – limited to Council requests and directives for future meetings.

12. ADJOURNMENT - the next scheduled City Council meeting will be October 4, 2022. # # # # #
Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes August 16, 2022 Page 1

MINUTES
OF THE

REGULAR MEETING

CLAYTON CITY COUNCIL
TUESDAY, August 16, 2022

1. CALL TO ORDER THE CITY COUNCIL – The meeting was called to order at 7:00 p.m. by Mayor Cloven via a hybrid meeting format live in-person and Zoom videoconference and broadcast from Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Councilmembers present: Mayor Cloven, Vice Mayor Tillman, and Councilmembers Diaz, Wan, and Wolfe (via Zoom). Councilmembers absent: None.

Staff present: City Manager Reina Schwartz, City Attorney Mala Subramanian, City Engineer Larry Theis, and City Clerk/HR Manager Janet Calderon.

2. MEETING PROTOCOL VIDEO – City Clerk.

3. PLEDGE OF ALLEGIANCE – led by Mayor Cloven.

4. CONSENT CALENDAR
It was moved by Councilmember Diaz seconded by Vice Mayor Tillman, to approve the Consent Calendar items 4(a) – 4(d) as submitted. (Passed 5-0). (a) Approve the minutes of the City Council’s regular meeting of August 2, 2022. (City Clerk) (b) Approve the Financial Demands and Obligations of the City. (Finance) (c) Adopted Resolution No. 64-2022 of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings as Needed during the COVID-19 State of Emergency Under AB 361. (City Manager)
(d) Adopted Resolution No. 65-2022 Authorizing the City Manager and the City Engineer to Execute Caltrans Right of Way Certifications on Behalf of the City of Clayton. (City Engineer)

5. RECOGNITIONS AND PRESENTATIONS - None.
____________________________________________________________________________ City Council Minutes August 16, 2022 Page 2

6. REPORTS
(a) City Manager Reina Schwartz advised she received notice that Assistant to the City Manager Laura Hoffmeister has resigned noting her last day will be August 26, 2022 and acknowledging Ms. Hoffmeister’s long service to the Clayton community. (b) City Council - Reports from Council liaisons to Regional Committees, Commissions and Boards.

Councilmember Wolfe met with the City Manager, met with the Mayor, met with the Vice Mayor, met with potential candidates for City Council, notified school principals of the upcoming “Do The Right Thing” recognition, announced the Clayton Community Church and Clayton Business and Community Association hosting a Trunk or Treat on October 30, provided condolences to Braden Fahey’s family on his recent unexpected passing, thanked Laura Hoffmeister for her long service to the Clayton community, and requested City Manager Reina Schwartz to clarify costs for operating the fountain.

City Manager Reina Schwartz provided a brief historical update on the costs associated with operating the fountain.

Councilmember Wan requested additional information on the actual operating costs of running the fountain, had several conversations regarding the recent pavement work, called and emailed constituents.

Councilmember Diaz attended the final Classic Car Show and DJ event; thanked Sandy Johnson for her assistance with the giveaways and the community for its support, attended the Morgan Territory Community Association meeting, attended the Contra Costa Fire Protection District Ribbon Cutting for Station 86, attended the Concert in The Grove, met with the Police Chief, and met with the City Manager.

Vice Mayor Tillman met with the City Manager, met with the Mayor, met with Councilmember Wolfe, attended various Pride Parade Committee meetings, attended the Contra Costa County Mayors’ Conference, attended the East Bay Division Cal Cities Battle of the Bay event, and announced the Library Foundation’s next Book Sale scheduled for October 28 – 30, 2022.

Mayor Cloven answered phone calls and letters regarding Maintenance concerns and requested the City Manager begin posting weekly City Manager reports to the City website, attended a meeting of Central Contra Costa County Transportation Authority (TRANSPAC) meeting, attended the Concert in The Grove, and attended the Prayer Vigil for Braden Fahey at The Grove Park.

7. PUBLIC COMMENT ON NON - AGENDA ITEMS – None.

8. PUBLIC HEARINGS – None.

Agenda Item: 4(a)
____________________________________________________________________________ City Council Minutes August 16, 2022 Page 3

9. ACTION ITEMS
(a) Designation of Voting Delegate and Alternate Delegate for League of California Cities 2022 Annual Conference being held September 7 through 9, in Long Beach and the City’s position on League Conference General Resolutions (documents were not available at the time of publishing, and will be provided as a supplemental document). (City Clerk)
City Clerk Janet Calderon presented the report.

Following questions by the City Council, Mayor Cloven opened public comment; no comments were offered.

It was moved by Councilmember Wolfe, seconded by Councilmember Wan, to designate Mayor Cloven as Voting Delegate and Vice Mayor Tillman as Voting Delegate - Alternate at the League of California Cities 2022 Annual Conference held September 7 – 9, 2022 in Long Beach, California. (Passed 5-0).
(b) Approve the Resolution of Intention to Establish a Community Facilities District related to the Diablo Meadows Project. (City Engineer)
City Engineer Larry Theis presented the report.

Following questions by the City Council, Mayor Cloven opened public comment; no comments were offered.

It was moved by Councilmember Wan, seconded by Councilmember Diaz, to Adopt Resolution No. 66-2022 Stating the Intention to Establish a Community Facilities District and Future Annexation Area, Community Facilities District No. 2022-01 (Public Services). (Passed 5-0).
(c) Review and Provide Direction to Staff Regarding City Council Request Items – Open and Completed. (City Manager)
City Manager Reina Schwartz presented the report.

Following questions by the City Council, Mayor Cloven opened public comment; no comments were offered.

Direction provided to staff.

10. COUNCIL ITEMS
Vice Mayor Tillman requested a future item to include establishment of a process, with a possible ribbon cutting ceremony to recognize business that open in the City of Clayton.
____________________________________________________________________________ City Council Minutes August 16, 2022 Page 4
Mayor Cloven requested a future agenda item to include establishing a Citizen Advisory Committee for placing a measure on the 2024 Municipal Election ballot.

11. ADJOURNMENT– on call by Mayor Cloven, the City Council adjourned its meeting at 8:03 p.m.

The next regularly scheduled meeting of the City Council will be September 20, 2022. # # # # #
Respectfully submitted,
________________________________
Janet Calderon, City Clerk

APPROVED BY THE CLAYTON CITY COUNCIL
______________________________________
Peter Cloven, Mayor
# # # # #
Agenda Item: 4(b)

STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER GIANTVALLEY, ACCOUNTING TECHNICIAN
DATE: 9/20/22
SUBJECT: FINANCIAL DEMANDS AND OBLIGATIONS OF THE CITY
RECOMMENDATION:

It is recommended the City Council, by minute action, approve the financial demands and obligations of the City for the purchase of services and goods in the ordinary course of operations.

Attachments:

1. Obligation report dated 8/31/2022 (2 pages)

2. Payroll Reconciliation Summary report PPE 8/21/22 (2 pages)

3. Obligation report dated 9/15/22 (1 page)

4. Payroll Reconciliation Summary report PPE 9/4/22 (2 pages) Attached Report Purpose Amount
Obligations Paid Prior to Meeting, Dated 8/31/22 Accounts Payable $ 340,175.37 Payroll Reconciliation Summary Payroll, Taxes $ 112,081.95 Obligations, Dated 9/15/22 Accounts Payable $ 133,478.52 Payroll Reconciliation Summary Payroll, Taxes $ 97,725.95 Total Required $ 683,461.79
City of Clayton Obligations for 8/31/22
Vendor name Invoice date Invoice number Invoice description Amount Advanced Elevator Solutions, Inc 08/31/2022 49443 Elevator Service August 2022 $128.00 All City Management Services, Inc. 08/31/2022 79157 School crossing guard svcs 8/7/22-8/20/22 $1,842.12 American Fidelity Assurance Company 08/31/2022 6059409 FSA PPE 8/21/22 $115.00 American Fidelity Assurance Company 08/31/2022 D487013 Supplemental insurance August 2022 $752.80 AT&T (CalNet3) 08/31/2022 18668594 Phones 7/22/22-8/21/22 $1,376.22 Authorize.net 07/31/2022 July2022 Online bankcard gateway fee July 2021 $39.80 Authorize.net 08/31/2022 August2022 Online bankcard gateway fee August 2022 $33.75 CA Department of Justice 08/31/2022 598311 Fingerprinting July 2022 $32.00 CalPERS Health 08/31/2022 16905314 Medical September 2022 $36,550.46 CalPERS Retirement 08/31/2022 082122 Retirement PPE 8/21/22 $18,363.92 Caltronics Business Systems 08/31/2022 3562354 Copier usage 7/19/22-8/18/22 $99.66 CCWD 08/31/2022 B Series Water 6/2/22-8/1/22 $41,888.64 Cintas Corporation 08/31/2022 4128106326 PW uniforms through 8/11/22 $64.19 Cintas Corporation 08/31/2022 4128791471 PW uniforms through 8/18/22 $64.19 Cintas Corporation 08/31/2022 4129467952 PW uniforms through 8/25/22 $64.19 Cintas Corporation 08/31/2022 5121495742 Restock First Aid cabinet PW $36.58 CME Lighting Supply, Inc 08/31/2022 250384 EH light bulbs $84.16 Contra Costa County Animal Svcs Dept 08/31/2022 ASD M7132 Animal services Q1 FY 2023 $22,451.50 Contra Costa County Public Works Dept 08/31/2022 705255 Traffic signal maintenance July 2022 $1,178.96 CR Fireline, Inc 08/31/2022 122076 Library fire sprinkler inspection $225.00 CR Fireline, Inc 08/31/2022 122077 CH fire sprinkler inspection $700.00 CR Fireline, Inc 08/31/2022 122078 EH fire sprinkler inspection $225.00 Cynthia Sogomonian 08/31/2022 GP050122 The Grove Park deposit refund $250.00 De Lage Landen Financial Services, Inc. 08/31/2022 77393943 Copier lease September 2022 $1,004.49 Digital Services 08/31/2022 12119 IT services 6/23/22-8/16/22 $2,600.00 Dillon Electric Inc 08/31/2022 4720 Library service call, noisy panel $620.00 East Bay Rgn Comm System Auth 08/31/2022 20230116 Radio operations FY 2023 $12,240.00 Entenmann-Rovin Co 08/31/2022 0176336 Flat badge - reimbursed $150.97 Globalstar LLC 08/31/2022 36849261 Sat phone 8/16/22-9/15/22 $136.38 Hammons Supply Company 08/31/2022 120429 CCP janitorial supplies $314.26 Hammons Supply Company 08/31/2022 120430 Downtown park supplies $372.27 Hammons Supply Company 08/31/2022 120431 Library janitorial supplies $266.93 Hammons Supply Company 08/31/2022 120432 Police Dept janitorial supplies $371.79 Harris & Associates, Inc. 08/31/2022 53881 CIP engineering svcs July 2022 $46,510.63 HercRentals, Inc 08/31/2022 32707289-001 Rototiller rental $267.34 HercRentals, Inc 08/31/2022 32774602-001 Skidsteer brush cutter attachment rental $979.79 Hinderliter de Llamas & Associates 08/31/2022 SIN020945 Sales Tax Q1 FY23 $1,003.75 J&R Floor Services 08/31/2022 Eight2022 Janitorial svcs August 2022 $5,108.00 LarryLogic Productions 08/31/2022 2034 CC meeting production August 16, 2022 $440.00 LEHR 08/31/2022 SI77266 Labor - replace camera cable #1746 $105.00 Mission Square Retirement 08/31/2022 082122 457 Plan contributions PPE 8/21/22 $1,263.46 Moore Iacofano Golstman, Inc 08/31/2022 76529 Housing Element svcs July 2022 $42,132.06 MSR Mechanical, LLC 08/31/2022 SVC005044 Library HVAC repair 6/9/22 $679.00 MSR Mechanical, LLC 08/31/2022 SVC005537 Library HVAC repair 8/2/22 $491.00 MSR Mechanical, LLC 08/31/2022 SVC005538 EH HVAC maintenance July 2022 $295.50 MSR Mechanical, LLC 08/31/2022 SVC005539 Library HVAC repair 8/10/22 $432.34 Nationwide 08/31/2022 082122 457 Plan contribution PPE 8/21/22 $500.00 nfpAccounting Technologies, Inc 08/31/2022 Sept2022 Financial Edge Support September 2022 $4,500.00 Nutrien Ag Solutions, Inc 08/31/2022 48043755 Landscape chemicals $3,567.00 Pacific Telemanagement Svc 08/31/2022 2092570 Courtyard pay phone August 2022 $78.00 Paylocity Corporation 08/31/2022 110799151 Payroll fees August 2022 $494.00 Pond M Solutions 08/31/2022 7274 Replace burned out motor, fountain $1,320.00 Pond M Solutions 08/31/2022 7275 Fountain maintenance June 2022 $650.00 Pond M Solutions 08/31/2022 7276 Fountain maintenance July 2022 $650.00 Pond M Solutions 08/31/2022 7277 Fountain maintenance August 2022 $650.00 Rainbow Community Center 08/31/2022 Clayton2022 Deposit refund Pride Parade in Clayton $2,200.00 Rex Lock & Safe, Inc. 08/31/2022 133806 Install new door closer @ City Hall $713.15 Rural Pig Management, Inc 08/31/2022 CC080122 Pig control August 2022 $3,000.00 Site One Landscape Supply, LLC 08/31/2022 121025337-001 Irrigation parts $57.46 Site One Landscape Supply, LLC 08/31/2022 122252326-001 Irrigation parts $712.72 Site One Landscape Supply, LLC 08/31/2022 122474244-001 Irrigation parts $441.59 Site One Landscape Supply, LLC 08/31/2022 122534032-001 Irrigation parts $314.96 Sprint Comm (PD) 08/31/2022 703335311-249 PD cell phones 7/26/22-8/25/22 $225.68 Stericycle Inc 08/31/2022 3006138787 Medical waste disposal $71.66 Swenson's Mobile Fleet Repair 08/31/2022 I005188 PW veh svc '11 F250 $216.13 Swenson's Mobile Fleet Repair 08/31/2022 I005189 PW veh svc '99 F450 $213.43 Swenson's Mobile Fleet Repair 08/31/2022 I005190 PW veh svc '15 F250 $456.67 Swenson's Mobile Fleet Repair 08/31/2022 I005207 PW veh svc '07 F450 $449.84 City of Clayton Obligations for 8/31/22
Swenson's Mobile Fleet Repair 08/31/2022 I005208 PW veh svc '06 F550 $449.84 Swenson's Mobile Fleet Repair 08/31/2022 I005209 PW veh svc '05 Irrigation van $158.55 Swenson's Mobile Fleet Repair 08/31/2022 I005210 Service destination fee 8/10/22 $115.00 Swenson's Mobile Fleet Repair 08/31/2022 I005213 PW veh svc '99 F450 $433.29 Swenson's Mobile Fleet Repair 08/31/2022 I005214 PW veh svc Groundsmaster 325-D $595.67 Swenson's Mobile Fleet Repair 08/31/2022 I005215 Service destination fee 8/11/22 $115.00 Texas Life Insurance Company 08/31/2022 SMOF1B20220814001 Supplemental insurance $42.25 Verizon Wireless 08/31/2022 9912413915 PW cell phones 7/2/22-8/1/22 $203.14 Vision Service Plan (CA) 08/31/2022 815869384 Vision September 2022 $76.07 Waraner Brothers Tree Service 08/31/2022 16014 Tree work Downtown parking lot area $8,100.00 Waraner Brothers Tree Service 08/31/2022 16141 Tree work Clayton Rd median $22,320.00 Waraner Brothers Tree Service 08/31/2022 16151 Tree work Clayton Rd median (Peacock Crk/Regency Dr) $20,160.00 Wex Bank-Fleet Cards 08/31/2022 83255462 Fleet fuel stmt end 8/25/22 $6,217.25 Workers.com 08/31/2022 133521 Seasonal workers week end 8/7/22 $5,340.94 Workers.com 08/31/2022 133809 Seasonal workers week end 8/14/22 $5,808.34 Workers.com 08/31/2022 133870 Seasonal workers week end 8/21/22 $4,206.64 $340,175.37
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 30 0.00 82,045.44 82,045.44
Totals 30 0.00 82,045.44 82,045.44 ĺ 82,045.44
Payroll Checks Check Type Agency Type Count Net Check Dir Dep Amount Net Amount Agency EFSDU 1 0.00 358.15 358.15
Agency Regular 1 0.00 663.50 663.50
Totals 2 0.00 1,021.65 1,021.65 ĺ 1,021.65
Total Net Payroll Liability 0.00 83,067.09 83,067.09 ĺ 83,067.09 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 119,730.31 119,730.31 California SITW Semi-Weekly 118,216.85 118,216.85 6,690.24 Totals 6,690.24 0.00 ĺ 6,690.24
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 119,730.31 2,744.40 2.74 California SUI 0.020000 Quarterly 119,730.31 2,744.40 54.89 Totals 0.00 57.63 ĺ 57.63
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 118,216.85 118,216.85 18,554.03 Medicare Semi-Weekly 119,730.31 119,730.31 1,736.11
Medicare - Employer Semi-Weekly 119,730.31 119,730.31 1,736.09 OASDI Semi-Weekly 1,941.60 1,941.60 120.38
OASDI - Employer Semi-Weekly 1,941.60 1,941.60 120.38
Totals 20,410.52 1,856.47 ĺ 22,266.99
Total Tax Liability 27,100.76 1,914.10 ĺ 29,014.86
Billing
Invoice Date Gross Discount Tax Adjustment Amount
110799151 8/26/2022 494.00 494.00
Totals 494.00 0.00 494.00 ĺ 494.00
Total Payroll Liability 112,081.95 ĺ 112,081.95
Paylocity Corporation
(888) 873-8205
Run on 8/23/2022 at 4:34 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 08/26/2022
Pay Period: 08/08/2022 to 08/21/2022
Process: 2022082601
Transfers
Type Date Source Account Amount
Billing 8/26/2022 494.00
Dir Dep 8/25/2022 82,045.44
Tax 8/25/2022 29,014.86
Trust Agency 8/25/2022 1,021.65
Totals Transfers 112,575.95 ĺ 112,575.95
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 8/31/2022 6,690.24 ( Deposit made by Service Bureau ) Federal Income Tax 8/31/2022 22,266.99 ( Deposit made by Service Bureau ) California SUI 10/31/2022 57.63 Total Tax Deposits 29,014.86
Paylocity Corporation
(888) 873-8205
Run on 8/23/2022 at 4:34 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 08/26/2022
Pay Period: 08/08/2022 to 08/21/2022
Process: 2022082601
Vendor name Invoice date Invoice number Invoice description Amount American Fidelity Assurance Company 09/15/2022 6060635B FSA PPE 9/4/22 $115.00 Bay Area News Group 09/15/2022 1348485 Ads for August 2022 $882.36 Best Best & Kreiger LLP 09/15/2022 944940 Legal Svcs August 2022 $10,435.00 Best Best & Kreiger LLP 09/15/2022 944941 Project legal svcs August 2022 $6,478.50 Best Best & Kreiger LLP 09/15/2022 944942 PD legal svcs August 2022 $131.84 Best Best & Kreiger LLP 09/15/2022 944943 Labor/Empl Legal Svcs August 2022 $72.60 Best Best & Kreiger LLP 09/15/2022 944944 Special PD legal svcs August 2022 $1,306.80 Best Best & Kreiger LLP 09/15/2022 944945 Project legal svcs August 2022 $1,631.40 Big O Tires 09/15/2022 5011-190591 Intertubes, flat repairs $85.87 CA Department of Justice 09/15/2022 604530 Fingerprinting August 2022 $32.00 CalPERS Retirement 09/15/2022 090422 Retirement PPE 9/4/22 $17,604.84 Cintas Corporation 09/15/2022 4130167676 PW uniforms through 9/1/22 $64.19 Cintas Corporation 09/15/2022 4130976170 PW uniforms through 9/9/22 $64.19 City of Concord 09/15/2022 94492 Dispatch Svcs October 2022 $26,921.86 Comcast 09/15/2022 90522 Internet 9/10/22-10/9/22 $381.16 Geoconsultants, Inc. 09/15/2022 19359 Well monitoring August 2022 $1,546.50 Globalstar LLC 08/31/2022 36849261 Sat phone 8/16/22-9/15/22 $136.38 Harris & Associates, Inc. 09/15/2022 54251 CIP engineering svcs August 2022 $10,826.66 Health Care Dental Trust 09/15/2022 320276 Dental October 2022 $1,684.35 Kennedy & Associates 09/15/2022 22-166 Consultant svcs The Olivia August 2022 $640.75 Mission Square Retirement 09/15/2022 090422 457 Plan contributions PPE 9/4/22 $1,263.46 MSR Mechanical, LLC 09/15/2022 SVC005664 CH HVAC repair 8/15/22 $491.00 MSR Mechanical, LLC 09/15/2022 SVC005674 Library HVAC repair 8/4/22 $491.00 Nationwide 09/15/2022 090422 457 Plan contribution PPE 9/4/22 $500.00 nfpAccounting Technologies, Inc 09/15/2022 09/08/22 Financial Edge Support September 2022 (Bank Recs) $1,800.00 Paysafe Payment Processing 09/15/2022 August2022 OTC Bankcard fees August 2022 $721.10 Paysafe Payment Processing 09/15/2022 August2022 Online bankcard fees August 2022 $258.79 PG&E 09/15/2022 1199663768-9 Energy for irrigation $42.78 Precision Civil Engineering (PCE) 09/15/2022 27114 21-359.1 ADU Ordinance $95.00 Rex Lock & Safe, Inc. 09/15/2022 133875 Padlocks and keys $454.37 Sarah Barbano 09/15/2022 090522 EH deposit refund $1,000.00 SCA of CA, LLC 09/15/2022 103816CS Street sweeping August 2022 $4,500.00 Site One Landscape Supply, LLC 09/15/2022 122968958-001 Irrigation parts $618.74 Staples Business Credit 09/15/2022 1643907613 Office supplies $144.46 Sterling Infosystems, Inc 09/15/2022 9102769 New employee record search August 2022 $97.32 Swenson's Mobile Fleet Repair 09/15/2022 I005195 Service destination fee 8/10/22 $115.00 Swenson's Mobile Fleet Repair 09/15/2022 I005322 Service to 1991 Jacobsen $168.00 Swenson's Mobile Fleet Repair 09/15/2022 I005323 Service to 1994 Jacobsen $168.00 Swenson's Mobile Fleet Repair 09/15/2022 I005324 Service to UM74 $168.00 Swenson's Mobile Fleet Repair 09/15/2022 I005325 Service to 1996 Maxey $140.00 Swenson's Mobile Fleet Repair 09/15/2022 I005328 Service destination fee 9/10/22 $115.00 T Mobile 09/15/2022 Clayton Police Dept PD cell phones 09/02/22 $225.35 Verizon Wireless 09/15/2022 9914749057 PW cell phones 8/2/22-9/1/22 $208.69 Waraner Brothers Tree Service 09/15/2022 16170 Tree work Clayton Rd median (Duncan Dr-CH) $21,600.00 Western Exterminator 09/15/2022 129134C Pest control September 2022 $496.90 Workers.com 09/15/2022 133463 Seasonal workers week end 7/31/22 $4,668.73 Workers.com 09/15/2022 133922 Seasonal workers week end 8/28/22 $5,608.84 Workers.com 09/15/2022 133978 Seasonal workers week end 9/4/22 $6,275.74 $133,478.52
Payroll Totals
Payroll Checks Check Type Count Net Check Dir Dep Amount Net Amount Regular 33 0.00 73,234.28 73,234.28
Totals 33 0.00 73,234.28 73,234.28 ĺ 73,234.28
Payroll Checks Check Type Agency Type Count Net Check Dir Dep Amount Net Amount Agency EFSDU 1 0.00 358.15 358.15
Agency Regular 1 0.00 663.50 663.50
Totals 2 0.00 1,021.65 1,021.65 ĺ 1,021.65
Total Net Payroll Liability 0.00 74,255.93 74,255.93 ĺ 74,255.93 Tax Liability
CA and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA SDI - Employee EXEMPT Semi-Weekly 105,539.12 105,539.12 California SITW Semi-Weekly 104,025.66 104,025.66 5,373.57 Totals 5,373.57 0.00 ĺ 5,373.57
CASUI and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount CA Edu & Training 0.001000 Quarterly 105,539.12 4,545.52 4.55 California SUI 0.020000 Quarterly 105,539.12 4,545.52 90.91 Totals 0.00 95.46 ĺ 95.46
FITW and Related Taxes Tax Id Rate Frequency Wage Cap Wages EE Amount ER Amount Federal Income Tax Semi-Weekly 104,025.66 104,025.66 14,420.22 Medicare Semi-Weekly 105,539.12 105,539.12 1,530.33
Medicare - Employer Semi-Weekly 105,539.12 105,539.12 1,530.32 OASDI Semi-Weekly 4,194.52 4,194.52 260.06
OASDI - Employer Semi-Weekly 4,194.52 4,194.52 260.06
Totals 16,210.61 1,790.38 ĺ 18,000.99
Total Tax Liability 21,584.18 1,885.84 ĺ 23,470.02
Billing
Invoice Date Gross Discount Tax Adjustment Amount
Totals ĺ
Total Payroll Liability 97,725.95 ĺ 97,725.95
Paylocity Corporation
(888) 873-8205
Run on 9/9/2022 at 12:04 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 09/09/2022
Pay Period: 08/22/2022 to 09/04/2022
Process: 2022090901
Transfers
Type Date Source Account Amount
Dir Dep 9/8/2022 73,234.28
Tax 9/8/2022 23,470.02
Trust Agency 9/8/2022 1,021.65
Totals Transfers 97,725.95 ĺ 97,725.95
Tax Deposits
Required Tax Deposits Tax Due On Amount
( Deposit made by Service Bureau ) California SITW 9/14/2022 5,373.57 ( Deposit made by Service Bureau ) Federal Income Tax 9/14/2022 18,000.99 ( Deposit made by Service Bureau ) California SUI 10/31/2022 95.46 Total Tax Deposits 23,470.02
Paylocity Corporation
(888) 873-8205
Run on 9/9/2022 at 12:04 PM
User: JGiantvalley
Payroll Summary
City of Clayton

Check Date: 09/09/2022
Pay Period: 08/22/2022 to 09/04/2022
Process: 2022090901
Agenda Item: 4(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: September 20, 2022
SUBJECT: Adopt a Resolution of the City Council of the City of Clayton Allowing for Video and Teleconference Meetings as Needed during the COVID-19 State of Emergency Under AB 361
___________________________________________________________________________

RECOMMENDATION
Adopt a Resolution of the City Council allowing for video and teleconference meetings as needed during the COVID-19 state of emergency under AB 361.

BACKGROUND
Last year, the State Legislature passed and Governor Newsom signed AB 361 which continues many of the provisions related to the Brown Act that were in place under Executive Orders, which expired September 30, 2021 that allowed for video and teleconferencing during the state of emergency. Since AB 361 has been signed into law, the City can continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote social distancing are no longer recommended by the County Health Officer.

On September 20, 2021, February 2, 2022, March 1, 2022, April 15, 2022, June 14, 2022, July 5, 2022, August 9, 2022 and September 6, 2022 (see attachment), the Contra Costa County Health Officer issued recommendations for safely holding public meetings and continues to encourage on-line meetings over in-person public meetings if feasible. If in-person meetings occur, the County Health Officer recommends physical distancing of six feet of separation between all attendees to the extent possible. The proposed resolution provides that the City Council and all subsidiary City boards and commissions may choose to hold fully virtual video and teleconference meetings while the state of emergency is still in effect and physical distancing is recommended.

In order to continue to be able to hold video and teleconference meetings as needed for COVID/public-health related reasons, the City Council will need to review and make Subject: Resolution Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Date: September 20, 2022

findings every thirty days that the state of emergency continues to directly impact the ability of the members to meet safely in person and that state or local officials continue to impose or recommend measures to promote physical distancing.

FISCAL IMPACT
None.

Attachments
Resolution of the City Council Allowing for Video and Teleconference Meetings during the COVID-19 State of Emergency Under AB 361
Recommendations for Safely Holding Public Meetings – Contra Costa Health Services, September 6, 2022
Resolution ##-2022 AB 361 September 20, 2022
RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

ALLOWING FOR VIDEO AND TELECONFERENCE MEETINGS DURING THE COVID-19 STATE OF EMERGENCY UNDER AB 361
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency for COVID-19;
WHEREAS, AB 361 was passed by the State Legislature and signed by Governor Newsom and went into effect immediately and allows the City to continue to meet virtually until such time as the Governor declares the State of Emergency due to COVID-19 over and measures to promote physical distancing are no longer recommended; WHEREAS, on September 20, 2021, February 2, 2022, March 1, 2022, April 15, 2022, June 14, 2022, July 5, 2022, August 9, 2022 and September 6, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings and encourages on-line meetings if feasible and if in person meetings occur then recommends physical distancing of six feet of separation to the extent possible and masking for all attendees;
WHEREAS, in light of this recommendation, the City Council desires for itself and for all other City legislatives bodies that are subject to the Brown Act to be able to choose to meet via video and/or teleconference as necessary; and WHEREAS, pursuant to AB 361 the City Council will review the findings required to be made at least every 30 days.

NOW THEREFORE BE IT RESOLVED the City Council hereby finds on behalf of itself and all other City legislative bodies: (1) a state of emergency has been proclaimed by the Governor; (2) the state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person; and (3) local health officials continue to recommend measures to promote physical distancing.

BE IT FURTHER RESOLVED that the City Council and all other City legislative bodies may continue to meet via video and/or teleconference as needed during the COVID-19 emergency.

PASSED AND ADOPTED by the Clayton City Council, State of California, on this 20th day of September 2022, by the following vote.

Resolution ##-2022 AB 361 September 20, 2022
AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON,
CA
Peter Cloven, Mayor
ATTEST:
_________________________________
Janet Calderon, City Clerk
Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of September 1, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are decreasing or stable, but still remain high at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 9-1-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
Agenda Item: 4(d)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: September 20, 2022
SUBJECT: Adoption of Resolution (Traffic Order #1) to restrict U-Turns on Four Oaks Lane during School Drop Off and Pick Up Time Periods
___________________________________________________________________________

RECOMMENDATIONS
Staff recommends the City Council adopt the proposed Resolution (Traffic Order #1) authorizing the U-Turn restrictions on Four Oaks Lane for school drop off and pick up time periods.

BACKGROUND
The Clayton Police Department has been conducting traffic safety enforcement operations around Mt Diablo Elementary School. During their enforcement operations, they have identified a traffic flow issue that causes traffic to back-up during the school congested ingress/egress (drop-off/pick-up) periods.

During the congested ingress/egress (drop-off/pick-up) periods, some of the drivers that turn onto the westbound Four Oaks Lane, from Mt. Zion Drive, stop and make U-Turns to park along the south curb line and walk their children to Mt. Diablo Elementary School. Police officers have observed these U-Turns on Four Oaks Lane are often done without warning and very close to the intersection with Mt. Zion Drive, which causes traffic on Mt. Zion Drive to suddenly stop, thereby causing congestion. Additionally, drivers frequently utilize the private driveways on Four Oaks Lane to make their U-Turns leaving tire marks to the frustration of the property owners. These incidents have resulted in disturbances that have led to a police response. Some residents block their driveways with trash cans and other objects to prevent these actions.

DISCUSSION
The Police Department recommends that additional signage on Four Oaks Lane would address this issue and keep traffic flowing during the congested ingress/egress (drop-off/pickup) periods. The Police Department recommends adding No U-Turn signs along Four Oaks Lane between Mitchell Canyon Road and Mt. Zion Drive. The proposed No U-Turn signs will have the same enforcement hours with the nearby turning restriction signs at Four Oaks Lane and Mitchell Canyon Road. The enforcements hours are during school days as follows:
• Mondays, Tuesdays, Thursdays, and Fridays: 7:00 to 8:15 a.m. and 2:00 to 3:00 p.m. • Wednesdays: 12:05 to 12:50 p.m.

The City Engineering Department has evaluated the proposed restrictions and concurs with the Police Department’s recommendations.

FISCAL IMPACT:

If approved by the City Council, direction would be given to public works maintenance staff to procure the signs (estimated six sign locations – see attachment 2). The estimated cost of the panels, posts, and incidental materials is approximately $2,000 with city provided labor for installation.

Attachments: 1. Resolution (Traffic Order #1) [2 pp.]

2. Sample Sign Panel
Resolution No. ##-2022 No U Turn Four Oaks Page 1 of 2 September 20, 2022 RESOLUTION NO. ##-2022
TRAFFIC ORDER NO. 1

A RESOLUTION AUTHORIZING THE RESTRICTION OF U-TURNS ON FOUR OAKS LANE

THE CITY COUNCIL
City of Clayton, California
WHEREAS, Clayton Municipal Code Section 10.16.020 provides the authority for the City Engineer to place restricted turn signs whenever a resolution is approved by the City Council;
WHEREAS, the Clayton Police Department has been conducting traffic safety enforcement operations around Mt. Diablo Elementary School and have identified traffic flow issues that causes vehicular traffic to back-up during the congested school ingress/egress (drop-off/pick-up) periods;
WHEREAS, the Clayton Police Department determined and recommended that “No U-Turn” restriction signage along Four Oaks Lane between Mitchell Canyon Road and Mt. Zion Drive would alleviate the issues and keeping traffic flowing during the school congested ingress/egress (drop-off/pick-up) periods;
WHEREAS, the “No U-Turn” restriction signage along Four Oaks Lane will have the same enforcement hours with the nearby turning restriction signs at Four Oaks Lane and Mitchell Canyon Road with the following enforcement hours on school days:
• Mondays, Tuesdays, Thursdays, and Fridays: 8:00 to 8:15 a.m. and 2:00 to 3:00 p.m.
• Wednesdays: 12:05 to 12:50 p.m.; and
WHEREAS, the Principal of Mt. Diablo Elementary school was consulted and concurred with the Clayton Police Department’s recommendations; WHEREAS, the City Engineer evaluated and concurred with the Clayton Police Department’s recommendations.

NOW THEREFORE, BE IT RESOLVED the City Council of the City of Clayton, California does hereby approve this resolution (Traffic Order No. 1) and authorize the posting of the U-Turn restriction signage along Four Oaks Lane between Mitchell Canyon Road and Mt. Zion Drive with the following enforcement hours on school days:
• Mondays, Tuesdays, Thursdays, and Fridays: 8:00 to 8:15 a.m. and 2:00 to 3:00 p.m.
• Wednesdays: 12:05 to 12:50 p.m.

Resolution No. ##-2022 No U Turn Four Oaks Page 2 of 2 September 20, 2022 PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California, at a regular public meeting thereof held on the 20th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

THE CITY COUNCIL OF CLAYTON, CA
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk

Agenda Item: 4 (e)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: REINA J. SCHWARTZ, CITY MANAGER
DATE: September 20, 2022
SUBJECT: APPROVE A RESOLUTION AUTHORIZING THE THIRD AMENDMENT TO

AN EXISTING AGREEMENT WITH ALLIED WASTE SYSTEMS/REPUBLIC SERVICES, INC. FOR CONTINUED SOLID WASTE AND RECYCLABLE

MATERIALS MANAGEMENT SERVICES
___________________________________________________________________________

RECOMMENDATION
It is recommended that the City Council, by Resolution, amend an existing agreement with Allied Waste Systems/Republic Services, Inc. for continued solid waste and recyclable materials management services and to allow adequate time for negotiations for a possible new or extended agreement.

BACKGROUND
Republic Services, Inc. (Republic) and its prior entities (Allied Services and Pleasant Hill Bayshore Disposal) have been providing solid waste, recycling, and organics services for decades in Clayton. The current Franchise Agreement was extended on August 17, 2011 and is scheduled to expire on December 31, 2022. Republic has already implemented additional organics services to ensure the City is in compliance with SB 1383 which requires all accounts to participate in enhanced organics recycling. The company did not request a rate increase when these services were implemented but is now requesting a 15.9% rate increase to cover these enhanced services and inflationary increases. Finally, should the City wish to maintain services with Republic, it is appropriate to develop a new, modern franchise agreement reflecting current best practices which also ensure legislative compliance.

DISCUSSION
On August 29, 2022, the City Council Garbage and Recycling Ad Hoc Subcommittee consisting of Councilmember Diaz and Vice Mayor Tillman met to discuss the upcoming expiration of the City’s franchise agreement with Republic Services and recommended next steps. Because it takes a significant amount of time to evaluate Republic’s rate request and develop a new, agreed upon Franchise Agreement, more time is necessary. The Third Amendment to the Agreement proposes the following:

1. A six-month extension of the current Agreement through June 30, 2023, and Subject: Approve a resolution authorizing the third amendment to an existing agreement with Republic Services, Inc.

Date: September 20, 2022

2. One additional six-month extension if requested by either party and mutually agreed upon by Republic and the City.

All other provisions of the agreement remain in place.

The Ad Hoc Subcommittee reviewed the information presented and supports the recommendation before the City Council to authorize a six-month extension to the existing franchise agreement with Republic Services as well as one additional six-month extension if mutually agreed.

FINANCIAL IMPACT
There are no additional costs to the City associated with this amendment. Garbage and recycling fees charged to Clayton customers of Republic Services will follow the existing pattern of previously agreed to rate increases.

ATTCHMENTS
Attachment:1: Resolution
Attachment 2: Third Amendment to Agreement with Allied Waste Systems, Inc.

Resolution No. ##-2022 Republic Extension September 20, 2022 RESOLUTION NO. ##-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON

AUTHORIZING THE THIRD AMENDMENT TO AN EXISTING FRANCHISE AGREEMENT WITH ALLIED WASTE SYSTEMS, INC. FOR SOLID WASTE AND

RECYCLABLE MATERIALS MANAGEMENT SERVICES

THE CITY COUNCIL
City of Clayton, California
WHEREAS, The City and Pleasant Hill Bayshore Disposal, Inc., Collector's predecessor in interest, entered into a Restated and Amended Franchise Agreement, dated July 2, 2002;
WHEREAS, On August 17, 2011, the Second Amendment to the original Agreement was approved by the City Council allowing the agreement to continue until December 31, 2022 with Allied Services and subsequently with Republic Services; WHEREAS, Republic Services, Inc. has enhanced their organics program to ensure City compliance with SB 1383 which mandates these enhanced services; WHEREAS, the City of Clayton wishes to attempt to negotiate a new agreement with Republic Services; and
WHEREAS, the City Council Ad Hoc Committee on Garbage and Recycling consisting of Councilmember Diaz and Vice Mayor Tillman reviewed information regarding the upcoming expiration of the City’s existing franchise agreement with Republic Services and supports the recommendation to allow for adequate time to evaluate Republic’s cost of these enhanced services and to develop a new, modern franchise agreement that reflects current best industry practices and ensures compliance with all current legislative compliance.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Clayton, California, does approve the Third Amendment to the existing agreement with Allied Waste Systems, Inc./Republic Services, Inc. attached as Exhibit A.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Clayton, California, at a regular public meeting thereof held on the 20th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Resolution No. ##-2022 Republic Extension September 20, 2022

THE CITY COUNCIL OF CLAYTON, CA
________________________________
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
AMENDMENT NO. 3 TO AGREEMENT FOR
Solid Waste and Recyclable Materials Management Services With Allied Waste Systems, Inc.

This Amendment No. 3 is entered into and effective as of the 20th day of September 2022, amending the agreement dated August 17, 2011 (the “Agreement") by and between the City of Clayton, a municipal corporation, ("City"), and Allied Waste Systems, Inc., ("Contractor") (collectively, the "Parties") for Solid Waste and Recyclable Materials Management Services.

1. Section 1 of the Agreement is amended as follows:

The term of the agreement shall expire at midnight on June 30, 2023. The parties may upon mutual agreement, extend the term by not more than one additional six-month period, extending the term to no later than December 31, 2023.

2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect.

3. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.

IN WITNESS WHEREOF, City and Contractor have executed this Agreement on the day and year first written above.

City of Clayton Allied Waste Systems, Inc.

By: By:

Peter Cloven
Mayor
By:

Reina J. Schwartz
City Manager
Attest:

By:

Janet Calderon
City Clerk
Agenda Item: 4(f)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Janet Calderon, City Clerk
DATE: September 20, 2022
SUBJECT: 2022 Conflict of Interest Code
___________________________________________________________________________

RECOMMENDATION
No action required as no amendments to the Conflict of Interest Code are necessary.

BACKGROUND
The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made, a notice must be submitted to the Code Reviewing Body (City Council) no later than October 1 of even-numbered years.

After reviewing the Conflict of Interest Code, the City Clerk determined no amendments are necessary.

FISCAL IMPACT
None.

Attachments: 1. 2022 Local Biennial Notice

2. Clayton’s Conflict of Interest Code
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – September 2020
38044.00000\33296187.3

CONFLICT OF INTEREST CODE
OF THE

CITY OF CLAYTON

LAW OFFICES OF

BEST BEST & KRIEGER LLP
- 1 - BBK - September 2020
38044.00000\33296187.3

CONFLICT OF INTEREST CODE
OF THE

CITY OF CLAYTON
(Amended October 20, 2020)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 Cal. Code of Regs. Section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of Clayton (the "City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code Section 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-1
BBK - September 2020
38044.00000\33296187.3

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF CLAYTON
(Amended October 20, 2020)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments1. These positions are listed here for informational purposes only.

Finance Director
Financial Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-2
BBK - September 2020
38044.00000\33296187.3

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Assistant City Attorney 1, 2
Assistant Planner 1, 2
Assistant to the City Manager 2, 3, 4
Chief of Police 5
City Clerk 5
City Engineer 1, 2
Community Development Director 1, 2
Maintenance Supervisor 5
Office Assistant/Code Enforcement Officer 6
Police Administrative Clerk 6
Police Sergeant 5
Successor Agency Special Legal Counsel 1, 2

BOARDS & COMMISSIONS
Oversight Board of Successor Agency 1, 2
Successor Agency 1, 2

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. A-3
BBK - September 2020
38044.00000\33296187.3
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)

LAW OFFICES OF

BEST BEST & KRIEGER LLP
App. B-1 BBK - September 2020
38044.00000\33296187.3
PART “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.3 ”Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated employee's department, unit or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions of the position. (Reg. 18730.1)
Agenda Item: 5(b)
declaring
September
as
“Library Card Sign-up Month”
Whereas, libraries and librarians play a crucial role in the education and development of children; and
Whereas, librarians are literacy experts, offering everything from preschool storytime to summer reading programs that sustain school-year learning; and Whereas, libraries provide a learning environment that fosters joyful exploration, encouraging students to research subjects that they are genuinely curious about; and
Whereas, librarians create welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another; and Whereas, librarians provide a variety of books and resources to serve everyone in the community, making knowledge and ideas available so that people have the freedom to choose what to read; and
Whereas, a library card empowers all people to pursue their dreams, explore new passions and interests, and find their voice; and
Whereas, libraries are constantly transforming to deliver new services that connect closely with community needs, even during a pandemic.

Now, Therefore, I, Peter Cloven, Mayor, and on behalf of the entire Clayton City Council, proclaim September, as “Library Card Sign-up Month” in Clayton, CA and encourage everyone to sign up for their own library card today.

HAYDEN BERRY
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Inclusion”
May, June, and July 2022

RAYMOND ALATINI
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Inclusion”
May, June, and July 2022

TRINITY CHAMPATHONG
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Inclusion”
May, June, and July 2022

AVA FERRATT
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Inclusion”
May, June, and July 2022

ALEXIS SCHMIDT
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Inclusion”
May, June, and July 2022

GIGI LIMA
for
“Doing the Right Thing”
at
Mt. Diablo Elementary School
by exemplifying great “Courage”
August 2022

SOPHIE STRUEMPF
for
“Doing the Right Thing”
at
Diablo View Middle School
by exemplifying great “Courage”
August 2022
[Type here] Agenda Item: 8(a)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, P.E., City Engineer
DATE: September 20, 2022
SUBJECT: Public Hearing on Proposed Community Facilities District No. 2022-01 (Public Services) - Approve the Resolution of Formation, Resolution Calling Election, Resolution Declaring Results of Election, and First Reading of the Ordinance

RECOMMENDATION
Staff recommends that the City Council:

1. Conduct the public hearing

2. Adopt the Resolution Establishing Community Facilities District No. 2022-01 (Public Services) and Designating a Future Annexation Area

3. Adopt the Resolution Calling Special Landowner Election

4. Conduct the Special Landowner Election

5. Adopt the Resolution Declaring the Results of Special Landowner Election

6. Introduce an Ordinance Authorizing the Levying of Special Taxes

BACKGROUND
On February 2, 2021, the City of Clayton (the “City”) City Council (the “Council”) approved Resolution No. 05-2021, A Resolution Approving the Development Plan (DP-01-20); the Vesting Tentative Parcel Map (Map-01-2020); and the Tree Removal Permit (TRP-09-2020) for the Diablo Meadows Single Family Residential Project (the “Resolution”). The Resolution also approved the conditions of approval for the Diablo Meadows project (the “Project”), an eighteen (18) single family residential development located west of Mitchell Canyon Road and northwest of Herriman Court.

As a condition of the Project, DeNova Homes (the “Developer”) was conditioned to establish a Homeowner’s Association (“HOA”) for the purpose of funding and maintaining all public and private landscaping and stormwater facilities on or adjacent to the development. In addition, the Developer was conditioned to provide a funding mechanism to offset the Project’s financial impacts on the City’s streetlight system and to fund the stormwater improvements, should the HOA fail to maintain the stormwater improvements at a level that meets City standards.

Subject: Public Hearing on Proposed Community Facilities District No. 2022-01 (Public Services) - Approve the Resolution of Formation, Resolution Calling Election, Resolution Declaring Results of Election, and 1st Reading of the Ordinance
Date: September 20, 2022

The Developer requested the City assist with the formation of Community Facilities District No. 2022-01 (Public Services) (“CFD No. 2022-01”) to satisfy these conditions. CFD No. 2022-01 will fund authorized services as described in the attached Resolution of Formation, Exhibit “A” (Authorized Services), which generally includes maintenance of City streetlights, maintenance, inspection, and replacement of stormwater facilities, and any costs associated with administering CFD No. 2022-01.

The boundaries of CFD No. 2022-01 include only the Project area, which encompasses Assessor Parcel Numbers 121-090-023 through 046, as shown on the Boundary Map within the Community Facilities District Report. The Boundary Map also identifies a future annexation area, which is contiguous with City limits. The future annexation area facilitates the annexation of future developments within the City into CFD No. 2022-01, with City Council approval and the unanimous approval of the applicable property owner(s), to offset the financial impact for each respective development.

The formation of CFD No. 2022-01 and approval of the future annexation area does not authorize the CFD to levy a special tax within the future annexation area at this time. The landowners or registered voters within such future annexation area will have the opportunity to review the special taxes applicable to their property, and vote to approve the annexation at some time in the future that the City considers annexing such property into the CFD. Upon completion of such annexation, the special tax will only be authorized to be levied within CFD No. 2022-01, and any portion of the future annexation area that has completed annexation procedures to annex into the CFD.

The City received a signed petition from the Developer requesting the establishment of CFD No. 2022-01. The City Council then adopted a Resolution of Intention to Establish CFD No. 2022-01 on August 16, 2022. Following the August 16, 2022 Council Meeting, election materials were sent to the property owner of the project, the City Clerk recorded the Boundary Map, a Community Facilities District Report was filed with the City Clerk, and the City Clerk published a Notice of Public Hearing in the local newspaper at least seven days prior to the hearing date.

Tonight, the City Council is being asked to hold a Public Hearing, adopt the Resolution of Formation of the CFD, adopt the Resolution Calling a Special Landowner Election for the CFD, asking the City Clerk to conduct the election, adopt a Resolution Declaring the Results of the Special Landowner Election, and if the ballot cast is in favor of forming the CFD, then Council is asked to direct the recording of the Notice of Special Tax Lien, and introduce the Ordinance to Levy Special Taxes within the CFD.

Subject: Public Hearing on Proposed Community Facilities District No. 2022-01 (Public Services) - Approve the Resolution of Formation, Resolution Calling Election, Resolution Declaring Results of Election, and 1st Reading of the Ordinance
Date: September 20, 2022

Following the completion of the above referenced actions tonight, a summary of the remaining steps to form the CFD are as follows:

September 2022 City Clerk files the Notice of Special Tax Lien with the County Recorder’s Office (must be completed within 15 days of the adoption of the Resolution Confirming Results of Election and directing the recordation of the Notice of Special Tax Lien) October 4, 2022 Second Reading of Ordinance Levying Special Tax within CFD
October 2022 Publication of Ordinance (within 15 days after its passage)

FISCAL IMPACT
There will be no financial impact on the City’s General Fund. The Developer for the Project pays all costs associated with the formation of CFD No. 2022-01. The proposed annual maximum special tax rate for CFD No. 2022-01, in Fiscal Year 2022/23 dollars, is $951.71 per home. However, $603.28 of the maximum special tax corresponds to the maintenance of the Project stormwater improvements, and is not anticipated to be levied unless the HOA fails to maintain the improvements to City standards. The eighteen (18) homes within the Project area are the only parcels subject to the special tax upon formation of CFD No. 2022-01. As specified in the Resolution of Formation Exhibit B (Rate and Method of Apportionment), the annual maximum special tax shall be increased annually by applying the greater of the percentage increase, if any, in the Consumer Price Index for the San Francisco-OaklandHayward, CA (All Urban Consumers) for the prior year, or 3%, to the maximum special tax in effect for the prior fiscal year. Each annual adjustment of maximum special tax shall become effective on the subsequent July 1.

CONCLUSION
Staff recommends the City Council hold the public hearing, conduct the special landowner election, and approve the referenced resolutions and ordinance.

ATTACHMENTS

1. Community Facilities District Report

2. Resolution of Formation
a. Exhibit A – Authorized Services
b. Exhibit B – Rate and Method of Apportionment

3. Resolution Calling Election

4. Resolution Declaring Results of Election

5. Ordinance Authorizing the Levying of Special Taxes
City of Clayton
Community Facilities District No. 2022-01
(Public Services)

COMMUNITY FACILITIES DISTRICT REPORT

CONTENTS
Introduction
A. Authorized Services
B. Proposed Boundaries of the Community Facilities District C. Cost Estimate
D. Rate and Method of Apportionment of Special Tax
* * * * * * * * * * * *
EXHIBIT A - Authorized Services
EXHIBIT B - Proposed Boundaries of the Community Facilities District EXHIBIT C - Cost Estimate
EXHIBIT D - Rate and Method of Apportionment of Special Tax City of Clayton
Community Facilities District No. 2022-01
(Public Services)

INTRODUCTION
On August 16, 2022, the City Council of the City of Clayton (the “City”) adopted a “Resolution of the City Council of the City of Clayton of Intention to Establish a Community Facilities District” (the “Resolution of Intention”), stating its intention to form the City of Clayton Community Facilities District No. 2022-01 (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, Sections 53311 et. seq., California Government Code (the “Act”) to finance certain municipal services (the “Services”) by levying special taxes (the “Special Taxes”) in the CFD.

In the Resolution of Intention, the City Council expressly ordered the preparation of a written report (the “Report”), for the CFD containing the following:

1. A description of the Authorized Services by type which will be required to adequately meet the needs of the CFD;

2. A description of the Boundaries of the CFD which also included a “Future Annexation Area”; and

3. An estimate of the fair and reasonable cost of the Services included therewith.

For particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the City Council.

NOW, THEREFORE, the undersigned does hereby submit the following data:

A. DESCRIPTION OF SERVICES. A general description of the proposed services is set forth in Exhibit “A” attached hereto and hereby made a part hereof.

B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. The proposed boundaries of the CFD are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the Services. The proposed boundaries of the CFD are described on the map of the CFD on file with the City Council, to which reference is hereby made.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval of the property owner(s) of each parcel or parcels at the time that parcel or those parcels are annexed.

A reduced copy of the proposed boundaries of the CFD is set forth in Exhibit “B” attached hereto and hereby made a part hereof.

C. COST ESTIMATE. The cost estimate for the Services for the CFD is set forth in Exhibit “C” attached hereto and hereby made a part hereof.

D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX. The method of financing the Services is through the imposition and levy of a special tax to be apportioned on the properties in the CFD under the rate and method of apportionment of special tax for the CFD (the “Rate and Method”). The proposed Rate and Method was attached as Exhibit “B” to the Resolution of Intention and is attached hereto as Exhibit “D”.

Dated as of September ____, 2022
For and on behalf of the Public Works
Director/City Engineer of the City of Clayton
By:

A-1

EXHIBIT A

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
Authorized Services
The captioned Community Facilities District (the “CFD”) will finance, in whole or in part, the following services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982), including all related direct, incidental, and administrative costs, expenses and the related reserves for replacement of equipment and facilities related to the foregoing:
 Annual operation, maintenance, and servicing, including repair and replacement, of all public storm drain and stormwater treatment facilities and improvements, including but not limited to detention and bio-retention basins and associated facilities, field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris, etc. from treatment areas, drainage areas, detention and bio-retention basins, and City catch basins and outfall structures, and other associated services which are needed to operate, maintain and service, including repair and replacement, of the storm drain and storm water treatment facilities.
 Annual operation, maintenance, and servicing, including repair and replacement, of the City’s streetlight system within the public right-of-way and public easements within the boundaries of the City, including streetlights mounted on PG&E and City-owned poles (wood, metal, or concrete), and appurtenant facilities which may include but not be limited to poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals, and metering devices. Maintenance also includes the cleaning and removal of graffiti, and associated electric and utility costs.

If the City and a Property Owner’s Association or a Homeowner’s Association (collectively, “Owner’s Association”) enter into an agreement to allow the Owner’s Association to provide Authorized Services, such services shall be defined as Contingent Services for the purposes of the CFD. Contingent Services shall be provided by the Owner’s Association, unless such Owner’s Association fails to maintain improvements or provides services at a level that meets City standards.

Any services to be funded by the CFD must be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and may not supplant services already available within that territory when the CFD was created but may be used to fund services resulting from the additional impacts on existing improvements resulting from said development. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.

Administrative Expenses:

The direct and indirect expenses incurred by the City in connection with the establishment and administration of the CFD (including, but not limited to, the levy and collection of the special taxes) A-2
including the fees and expenses of attorneys, special tax consultants, or advisors, any fees of the County related to CFD or the collection of Special Taxes, an allocable share of the salaries of City staff directly related to the formation and administration of CFD and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund or otherwise with respect to CFD for the Authorized Services, any amounts required to fund or replenish operating and capital reserves, expenses incurred by the City in undertaking any action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD for the payment of Authorized Services, and all other costs and expenses of the City in any way related to CFD.

B-1

EXHIBIT B

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)

PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT Reference is hereby made to the map on file in the office of the Clerk of the Council for a description of the boundaries of the CFD and future annexation area. A reduced copy of the recorded Boundary Map for Community Facilities District No. 2022-01 is included on the following pages.

C-1

EXHIBIT C

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
Cost Estimate
Description of Authorized Services
FY 2022-23
Cost Estimate
Special Tax A
Street Light Maintenance $563
Contingency (10%) $56
Maintenance Subtotal $619
Annual Capital Replacement Reserve Accumulation (25%) $155 City Administration1 $2,499
District Administration2 $3,000
Special Tax A Total Cost Estimate $6,273
Special Tax B (Contingent Services)
Landscape (Bio Retention/Landscape Repairs/Supplies)3 $2,320 Utilities (Water/Electricity) $3,977
Inspections (Maintenance/Stormwater) $1,600
Contingency $790
Maintenance Subtotal $8,687
Annual Capital Replacement Reserve Accumulation (25%) $2,172 Special Tax B (Contingency Services) Total Cost Estimate $10,859 Total Cost Estimate for Special Tax A and B $17,132
Notes:
1 Includes City staff time and costs related to any overhead cost allocation. 2 Includes costs to calculate annual special taxes, County collection fees, and costs to prepare annual reporting requirements.
3 Landscape costs related to the Common Area maintenance are not included.

D-1

EXHIBIT D

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as defined below applicable to each Assessor's Parcel in the City of Clayton Community Facilities District No. 2022-01 (Public Services) (herein "CFD No. 2022-01" or "CFD") shall be levied and collected according to the tax liability determined by the City Council of the City of Clayton, acting in its capacity as the legislative body of CFD No. 2022-01, or its designee, through the application of this Rate and Method of Apportionment of Special Tax. All the Assessor’s Parcels located within the boundaries of CFD No. 2022-01, unless exempted by Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2022-01.

A. DEFINITIONS
When applying this Rate and Method of Apportionment of Special Tax the terms set forth below have the following meanings:
“Accessory Unit” means a second unit of reduced size (e.g., granny cottage, etc.) that is following the construction of the primary unit on Residential Property. An Accessory unit shall not be considered a separate unit from the primary unit for purposes of this RMA and will not be levied a Special Tax if on the same Parcel as a unit subject to the Special Tax.
"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, parcel map, condominium plan, record of survey, or another recorded County Parcel map. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination as needed, utilizing, in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), of Division 2, of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the direct and indirect expenses incurred by the CFD or the City in connection with the establishment and administration of CFD No. 2022-01 (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of attorneys, special tax consultants, or advisors, any fees of the County related to CFD No. 2022-01 or the collection of Special Taxes, an D-2
allocable share of the salaries of City staff directly related to the formation and administration of CFD No. 2022-01 and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund or otherwise with respect to CFD No. 2022-01 for the Authorized Services, expenses incurred by the City in undertaking any action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD No. 2022-01 for the payment of Authorized Services, and all other costs and expenses of the City in any way related to CFD No. 2022-01. "Administrator" means an official of the City, or any designee thereof such a person or firm, to administer the Special Taxes according to this RMA. "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor’s Parcel map with an assigned Assessor's Parcel number.
"Authorized Services" means the services authorized to be funded by CFD No. 2022- 01, as provided in the CFD formation documents adopted by the City Council. “Building Permit” means a permit issued by the City or other governmental agency for the construction of a building with an improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD No. 2022-01” or “CFD” means the City of Clayton Community Facilities District No. 2022-01 (Public Services).
"City" means the City of Clayton.
"City Council" or “Council” means the City Council of the City of Clayton, acting as the legislative body of CFD No. 2022-01.
“Contingent Services” means those Authorized Services to be funded by CFD No. 2022-01 as set forth in the documents adopted by the City Council at the time the CFD was formed and to be provided by the City in the event the City decides pursuant to Section D that a Property Owner Association fails to adequately provide such services. “County” means the County of Contra Costa.
"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property where a Building Permit was issued on or before April 30 of the Fiscal Year preceding the Fiscal Year for which the Special taxes are being levied. Once a property is classified as Developed Property, it cannot be reclassified in subsequent years. “Dwelling Unit” means one residential unit of any configuration, including but not limited to, a single family attached or detached dwelling, condominium, townhome, apartment, or other residential Dwelling Unit, including each separate living area within a half plex, duplex, triplex, fourplex, other residential structure, or mobile home. An Accessory Unit D-3
shall not be determined to be a Taxable Dwelling Unit for purposes of this RMA and will not be levied a Special Tax if on the same Parcel as a unit subject to the Special Tax “Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Land Use Class” means the current or intended use of a Taxable Parcel listed in Table 1, as may be determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in CFD No. 2022-01 in any Fiscal Year, determined in accordance with Section C below.
“Property Owner” or “Homeowner” means the owner of fee title to an Assessor’s Parcel.
“Property Owner Association” or “Homeowner’s Association” (“HOA”) means the property owner’s association or homeowner’s association established to perform certain services within the boundaries of the CFD.
“Property Owner Association Property” or “Homeowner’s Association (“HOA”) Property” means for each Fiscal Year, any Assessor’s Parcel within the boundaries of the CFD that is owned by or irrevocably offered for dedication to a Property Owner Association or HOA, including any master or sub-association. “Proportionately” means for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax for each Tax Zone is equal for all Assessor’s Parcels of Developed Property.
“Public Property” means for each Fiscal Year, (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, or other governmental agency; provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1(a) 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 the CFD that is encumbered by an unmanned utility easement making impractical its utilization for other than the purposes set forth in the easement. “Rate and Method of Apportionment” or “RMA” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued by the City for purposes of constructing one (1) or more residential Dwelling Units.
“Section 53340.1(a)” means Section 53340.1(a) of the Act.

D-4
“Special Tax” or “Special Taxes” means a special tax levied in any Fiscal Year to pay the Special Tax Requirement for each Special Tax Component. The Special Tax consists of two parts, Special Tax A and Special Tax B.
“Special Tax A” – means the Special Tax to be levied in each Fiscal Year to fund the Special Tax Requirement for Authorized Services, excluding Contingent Services. “Special Tax B (Contingent)” – means the Special Tax to be levied in each Fiscal Year to fund the Special Tax Requirement for Contingent Services. “Special Tax Component” means one of the following Special Taxes: Special Tax A or Special Tax B (Contingent).
“Special Tax Requirement” means for each Special Tax Component, the amount necessary in any Fiscal Year to (i) pay for Authorized Services, including Contingent Services if needed, (ii) pay the Administrative Expenses, (iii) cure any delinquencies in the payment of Special Taxes levied in prior Fiscal Years (based on delinquencies in the payment of Special Taxes which have already taken place) or are expected to occur in the current Fiscal Year, and (iv) to create or replenish reserve funds for Administrative Expenses, or future Authorized Services including capital replacements. “Taxable Property” means all the Assessor’s Parcels within CFD No. 2022-01 which are not exempt from the Special Tax pursuant to law or Section E. “Tax-Exempt Property” means all the Assessor’s Parcels not subject to the CFD Special Tax pursuant to Section E.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All property within CFD No. 2022-01 at the time of CFD formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax and Rate and Method of Apportionment of Special Tax may 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. 2022-01 shall be identified by Assessor’s Parcel Number in a Unanimous Approval Form that is to be executed and notarized by the owner(s) of the Parcels at the time of annexation. “Unanimous Approval Form” means a form provided by the Administrator that is executed by the owner of fee title to a Parcel or Parcels to be annexed into CFD No. 2022-01 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2022-01, and the levy of the Special Tax against the Parcel or Parcels being annexed pursuant to the RMA and which identifies any Tax Zone applicable to the Parcel or Parcels that are being annexed.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

D-5
B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Developed Property and Undeveloped Property within CFD No. 2022- 01 and the applicable Tax Zone for each Parcel of Taxable Property. The Administrator shall also determine: (i) the Land Use of each Assessor’s Parcel of Developed Property, (ii) the number of Dwelling Units on each Parcel of Residential Property, and (iv) the Special Tax Requirement for each Special Tax Component.

In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2022-01 was recorded after January 1 of the prior Fiscal Year, (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map.

C. MAXIMUM SPECIAL TAXES

1. Maximum Special Taxes
The Maximum Special Taxes for Fiscal Year 2022-23 for a Parcel of Developed Property shall be determined by reference to Table 1 below:

Table 1
Land Use Special Tax Component Maximum Special Tax
Residential Property Special Tax A1 $348.52 per Dwelling Unit Residential Property Special Tax B (Contingent Services) 2 $603.21 per Dwelling Unit Residential Property Subtotal Special Tax A and B $951.73 per Dwelling Unit 1 Special Tax A is intended to annually fund Authorized Services, excluding Contingent Services. 2 Special Tax B is intended to fund Contingent Services, if needed. Contingent Services are those Authorized Services that the HOA is responsible for maintaining. The City shall not levy Special Tax B to pay for Contingent Services if HOA maintains the Contingent Services to City standards. Should the City determine the HOA has failed to maintain the Contingent Services to City standards, then Special Tax B will be levied to provide funding for the Contingent Services.

No Special Tax shall be levied on Undeveloped Property.

2. Maximum Special Tax Increases
On July 1, 2023, and each July 1 thereafter, the Maximum Special Tax rates shall be increased by a percentage equal to the greater of (a) the percentage increase, if any, in the prior calendar year's annual change in the Consumer Price Index for All Urban Consumers for the Bay Area: San Francisco-Oakland-Hayward, and (b) three percent (3%). In the event the Consumer Price Index for all Urban Consumers for the Bay Area:

San Francisco-Oakland-San Jose ceases to be published, the Maximum Special Tax may D-6
be increased based on a comparable index as determined by Administrator at the Administrator’s discretion.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
The Special Taxes shall be levied annually each Fiscal Year according to the methodology below.

The Special Tax consists of two components: Special Tax A and Special Tax B (Contingent), and shall be levied commencing with the 2022-23 Fiscal Year, on each Parcel of Developed Property Proportionately as needed to satisfy the Special Tax Requirement for each Special Tax Component for the applicable Fiscal Year at up to the Maximum Special Tax for each Developed Property.

The Special Tax A is intended to be levied annually to fund Authorized Services, excluding Contingent Services. The Special Tax B (Contingent) is not intended to be levied annually but shall be levied in the event the City in its sole discretion determines that the HOA has defaulted in its obligation to provide the Contingent Services. A default of the HOA may be deemed to have occurred under each of the following circumstances, without exclusion of other circumstances in the City’s sole discretion:
 The HOA files for bankruptcy;
 The HOA is dissolved;
 The HOA fails to provide Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City.

If the HOA fails to provide Contingent Services, the City shall provide written notice to the HOA, and the HOA shall have thirty (30) days after written notice from the City, or such longer period as may be permitted by the City, to remedy the deficiency to the reasonable satisfaction of the City.

The Special Taxes for CFD No. 2022-01 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill owners of Taxable Property and may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD.

E. EXEMPTIONS
Special Taxes shall not be levied on Public Property unless there is a leasehold interest of the character described by Section 53340.1(a). In addition, Tax-Exempt property shall also include but not be limited to Parcels categorized as Undeveloped Property, Property Owner Association Property, Restricted Property, Parcels that receive a welfare exemption as described by Section 53340(c) of the Government Code, privately owned Parcels that are non-developable, such as common areas, wetlands, open space, remainder Parcels, Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement.

D-7
F. INTERPRETATION OF SPECIAL TAX FORMULA
The Council reserves the right to make administrative and technical changes to this document that do 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 Council’s discretion. Interpretations may be made by the Administrator or by resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied indefinitely as necessary to pay the Special Tax Requirement for each Special Tax Component at up to the Maximum Special Tax for each Developed Property.

H. APPEAL OF SPECIAL TAX LEVY
The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any Property Owner appeals, as herein specified. Any Property Owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Engineer shall take any of the following actions to correct the error:

Amend the Special Tax levy on the Property Owner's property tax bill for the current Fiscal Year, or
Have the CFD reimburse the Property Owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or
Grant a credit against, eliminate, or reduce the future Special Taxes on the Property Owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

If following such consultation and action (if any by the Administrator), the Property Owner believes such error still exists, such person may file a written notice with the City Engineer appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the City Engineer), the Property Owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. If the City Council determines an error exists; the Administrator shall take any actions as described above, to correct the error. The decision of the City Council shall be final and binding to all persons.

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Clayton
City Hall
6000 Heritage Trail
Clayton, CA 94517

NOTICE OF SPECIAL TAX LIEN

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), the undersigned City Clerk of the City of Clayton, County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Clayton. The special tax secured by this lien is authorized to be levied for the purpose of providing all or a portion of the public services described on Exhibit A attached hereto and hereby made a part hereof.

The special tax is authorized to be levied within “City of Clayton Community Facilities District No. 2022-01 (Public Services)” (the “CFD”) which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, 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 section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are: None.

Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Contra Costa, the obligation to pay the special tax levy shall become 2 a lien upon all nonexempt real property within the CFD in accordance with Section 3115.5 of the Streets and Highways Code of California.

The name(s) of the owner(s) and the assessor’s tax parcel numbers of the real property included within the area of the CFD and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof.

Reference is made to the boundary map of the CFD recorded in the Contra Costa County Recorder’s Office on August 26, 2022, at 1:31 a.m., in Book 90 of Maps of Assessment and Community Facilities Districts at Pages 8-9, which is now the final boundary map of the CFD.

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 Public Works Director/City Engineer of the City of Clayton, City Hall, 6000 Heritage Trail, Clayton, California 94517, telephone number (925) 673-7300.

Dated: As of September 20, 2022
By:

City Clerk,
City of Clayton
Exhibit A

EXHIBIT A

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
Authorized Services
The captioned Community Facilities District (the “CFD”) will finance, in whole or in part, the following services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982), including all related direct, incidental, and administrative costs, expenses and the related reserves for replacement of equipment and facilities related to the foregoing:
• Annual operation, maintenance, and servicing, including repair and replacement, of all public storm drain and stormwater treatment facilities and improvements, including but not limited to detention and bio-retention basins and associated facilities, field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris, etc. from treatment areas, drainage areas, detention and bio-retention basins, and City catch basins and outfall structures, and other associated services which are needed to operate, maintain and service, including repair and replacement, of the storm drain and storm water treatment facilities.
• Annual operation, maintenance, and servicing, including repair and replacement, of the City’s streetlight system within the public right-of-way and public easements within the boundaries of the City, including streetlights mounted on PG&E and City-owned poles (wood, metal, or concrete), and appurtenant facilities which may include but not be limited to poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals, and metering devices. Maintenance also includes the cleaning and removal of graffiti, and associated electric and utility costs.

If the City and a Property Owner’s Association or a Homeowner’s Association (collectively, “Owner’s Association”) enter into an agreement to allow the Owner’s Association to provide Authorized Services, such services shall be defined as Contingent Services for the purposes of the CFD. Contingent Services shall be provided by the Owner’s Association, unless such Owner’s Association fails to maintain improvements or provides services at a level that meets City standards.

Any services to be funded by the CFD must be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and may not supplant services already available within that territory when the CFD was created but may be used to fund services resulting from the additional impacts on existing improvements resulting from said development. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.

Exhibit A

Administrative Expenses:

The direct and indirect expenses incurred by the City in connection with the establishment and administration of the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, special tax consultants, or advisors, any fees of the County related to CFD or the collection of Special Taxes, an allocable share of the salaries of City staff directly related to the formation and administration of CFD and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund or otherwise with respect to CFD for the Authorized Services, any amounts required to fund or replenish operating and capital reserves, expenses incurred by the City in undertaking any action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD for the payment of Authorized Services, and all other costs and expenses of the City in any way related to CFD.

Exhibit B

EXHIBIT B

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as defined below applicable to each Assessor's Parcel in the City of Clayton Community Facilities District No. 2022-01 (Public Services) (herein "CFD No. 2022-01" or "CFD") shall be levied and collected according to the tax liability determined by the City Council of the City of Clayton, acting in its capacity as the legislative body of CFD No. 2022-01, or its designee, through the application of this Rate and Method of Apportionment of Special Tax. All the Assessor’s Parcels located within the boundaries of CFD No. 2022-01, unless exempted by Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2022-01.

A. DEFINITIONS
When applying this Rate and Method of Apportionment of Special Tax the terms set forth below have the following meanings:
“Accessory Unit” means a second unit of reduced size (e.g., granny cottage, etc.) that is following the construction of the primary unit on Residential Property. An Accessory unit shall not be considered a separate unit from the primary unit for purposes of this RMA and will not be levied a Special Tax if on the same Parcel as a unit subject to the Special Tax.
"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, parcel map, condominium plan, record of survey, or another recorded County Parcel map. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination as needed, utilizing, in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), of Division 2, of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the direct and indirect expenses incurred by the CFD or the City in connection with the establishment and administration of CFD No. 2022-01 (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of attorneys, special tax consultants, or advisors, any fees of the County related to CFD No. 2022-01 or the collection of Special Taxes, an allocable share of the salaries of City staff directly related to the formation and administration of CFD No. 2022-01 and a proportionate amount of the City’s general Exhibit B

administrative overhead related thereto, any amounts paid by the City from its general fund or otherwise with respect to CFD No. 2022-01 for the Authorized Services, expenses incurred by the City in undertaking any action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD No. 2022-01 for the payment of Authorized Services, and all other costs and expenses of the City in any way related to CFD No. 2022-01. "Administrator" means an official of the City, or any designee thereof such a person or firm, to administer the Special Taxes according to this RMA. "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor’s Parcel map with an assigned Assessor's Parcel number.
"Authorized Services" means the services authorized to be funded by CFD No. 2022- 01, as provided in the CFD formation documents adopted by the City Council. “Building Permit” means a permit issued by the City or other governmental agency for the construction of a building with an improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD No. 2022-01” or “CFD” means the City of Clayton Community Facilities District No. 2022-01 (Public Services).
"City" means the City of Clayton.
"City Council" or “Council” means the City Council of the City of Clayton, acting as the legislative body of CFD No. 2022-01.
“Contingent Services” means those Authorized Services to be funded by CFD No. 2022-01 as set forth in the documents adopted by the City Council at the time the CFD was formed and to be provided by the City in the event the City decides pursuant to Section D that a Property Owner Association fails to adequately provide such services. “County” means the County of Contra Costa.
"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property where a Building Permit was issued on or before April 30 of the Fiscal Year preceding the Fiscal Year for which the Special taxes are being levied. Once a property is classified as Developed Property, it cannot be reclassified in subsequent years. “Dwelling Unit” means one residential unit of any configuration, including but not limited to, a single family attached or detached dwelling, condominium, townhome, apartment, or other residential Dwelling Unit, including each separate living area within a half plex, duplex, triplex, fourplex, other residential structure, or mobile home. An Accessory Unit shall not be determined to be a Taxable Dwelling Unit for purposes of this RMA and will not be levied a Special Tax if on the same Parcel as a unit subject to the Special Tax Exhibit B

“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Land Use Class” means the current or intended use of a Taxable Parcel listed in Table 1, as may be determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in CFD No. 2022-01 in any Fiscal Year, determined in accordance with Section C below.
“Property Owner” or “Homeowner” means the owner of fee title to an Assessor’s Parcel.
“Property Owner Association” or “Homeowner’s Association” (“HOA”) means the property owner’s association or homeowner’s association established to perform certain services within the boundaries of the CFD.
“Property Owner Association Property” or “Homeowner’s Association (“HOA”) Property” means for each Fiscal Year, any Assessor’s Parcel within the boundaries of the CFD that is owned by or irrevocably offered for dedication to a Property Owner Association or HOA, including any master or sub-association. “Proportionately” means for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax for each Tax Zone is equal for all Assessor’s Parcels of Developed Property.
“Public Property” means for each Fiscal Year, (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, or other governmental agency; provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1(a) 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 the CFD that is encumbered by an unmanned utility easement making impractical its utilization for other than the purposes set forth in the easement. “Rate and Method of Apportionment” or “RMA” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued by the City for purposes of constructing one (1) or more residential Dwelling Units.
“Section 53340.1(a)” means Section 53340.1(a) of the Act. “Special Tax” or “Special Taxes” means a special tax levied in any Fiscal Year to pay the Special Tax Requirement for each Special Tax Component. The Special Tax consists of two parts, Special Tax A and Special Tax B.

Exhibit B

“Special Tax A” – means the Special Tax to be levied in each Fiscal Year to fund the Special Tax Requirement for Authorized Services, excluding Contingent Services. “Special Tax B (Contingent)” – means the Special Tax to be levied in each Fiscal Year to fund the Special Tax Requirement for Contingent Services. “Special Tax Component” means one of the following Special Taxes: Special Tax A or Special Tax B (Contingent).
“Special Tax Requirement” means for each Special Tax Component, the amount necessary in any Fiscal Year to (i) pay for Authorized Services, including Contingent Services if needed, (ii) pay the Administrative Expenses, (iii) cure any delinquencies in the payment of Special Taxes levied in prior Fiscal Years (based on delinquencies in the payment of Special Taxes which have already taken place) or are expected to occur in the current Fiscal Year, and (iv) to create or replenish reserve funds for Administrative Expenses, or future Authorized Services including capital replacements. “Taxable Property” means all the Assessor’s Parcels within CFD No. 2022-01 which are not exempt from the Special Tax pursuant to law or Section E. “Tax-Exempt Property” means all the Assessor’s Parcels not subject to the CFD Special Tax pursuant to Section E.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All property within CFD No. 2022-01 at the time of CFD formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax and Rate and Method of Apportionment of Special Tax may 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. 2022-01 shall be identified by Assessor’s Parcel Number in a Unanimous Approval Form that is to be executed and notarized by the owner(s) of the Parcels at the time of annexation. “Unanimous Approval Form” means a form provided by the Administrator that is executed by the owner of fee title to a Parcel or Parcels to be annexed into CFD No. 2022-01 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2022-01, and the levy of the Special Tax against the Parcel or Parcels being annexed pursuant to the RMA and which identifies any Tax Zone applicable to the Parcel or Parcels that are being annexed.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Developed Property and Undeveloped Property within CFD No. 2022- Exhibit B

01 and the applicable Tax Zone for each Parcel of Taxable Property. The Administrator shall also determine: (i) the Land Use of each Assessor’s Parcel of Developed Property, (ii) the number of Dwelling Units on each Parcel of Residential Property, and (iv) the Special Tax Requirement for each Special Tax Component.

In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2022-01 was recorded after January 1 of the prior Fiscal Year, (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcelmap.

C. MAXIMUM SPECIAL TAXES

1. Maximum Special Taxes
The Maximum Special Taxes for Fiscal Year 2022-23 for a Parcel of Developed Property shall be determined by reference to Table 1 below:

A. Table 1
Land Use Special Tax Component Maximum Special Tax
Residential Property Special Tax A1 $348.52 per Dwelling Unit Residential Property Special Tax B (Contingent Services) 2 $603.21 per Dwelling Unit Residential Property Subtotal Special Tax A and B $951.73 per Dwelling Unit 1 Special Tax A is intended to annually fund Authorized Services, excluding Contingent Services. 2 Special Tax B is intended to fund Contingent Services, if needed. Contingent Services are those Authorized Services that the HOA is responsible for maintaining. The City shall not levy Special Tax B to pay for Contingent Services if HOA maintains the Contingent Services to City standards. Should the City determine the HOA has failed to maintain the Contingent Services to City standards, then Special Tax B will be levied to provide funding for the Contingent Services.

No Special Tax shall be levied on Undeveloped Property.

2. Maximum Special Tax Increases
On July 1, 2023, and each July 1 thereafter, the Maximum Special Tax rates shall be increased by a percentage equal to the greater of (a) the percentage increase, if any, in the prior calendar year's annual change in the Consumer Price Index for All Urban Consumers for the Bay Area: San Francisco-Oakland-Hayward, and (b) three percent (3%). In the event the Consumer Price Index for all Urban Consumers for the Bay Area: San Francisco-Oakland-San Jose ceases to be published, the Maximum Special Tax may be increased based on a comparable index as determined by Administrator at the Administrator’s discretion.

Exhibit B

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
The Special Taxes shall be levied annually each Fiscal Year according to the methodology below.

The Special Tax consists of two components: Special Tax A and Special Tax B (Contingent), and shall be levied commencing with the 2022-23 Fiscal Year, on each Parcel of Developed Property Proportionately as needed to satisfy the Special Tax Requirement for each Special Tax Component for the applicable Fiscal Year at up to the Maximum Special Tax for each Developed Property.

The Special Tax A is intended to be levied annually to fund Authorized Services, excluding Contingent Services. The Special Tax B (Contingent) is not intended to be levied annually but shall be levied in the event the City in its sole discretion determines that the HOA has defaulted in its obligation to provide the Contingent Services. A default of the HOA may be deemed to have occurred under each of the following circumstances, without exclusion of other circumstances in the City’s sole descretion:
• The HOA files for bankruptcy;
• The HOA is dissolved;
• The HOA fails to provide Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City.

If the HOA fails to provide Contingent Services, the City shall provide written notice to the HOA, and the HOA shall have thirty (30) days after written notice from the City, or such longer period as may be permitted by the City, to remedy the deficiency to the reasonable satisfaction of the City.

The Special Taxes for CFD No. 2022-01 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill owners of Taxable Property and may collect Special Taxes at a different time or in a different manner if necessary to meet the financialobligations of the CFD.

E. EXEMPTIONS
Special Taxes shall not be levied on Public Property unless there is a leasehold interest of the character described by Section 53340.1(a). In addition, Tax-Exempt property shall also include but not be limited to Parcels categorized as Undeveloped Property, Property Owner Association Property, Restricted Property, Parcels that receive a welfare exemption as described by Section 53340(c) of the Government Code, privately owned Parcels that are non-developable, such as common areas, wetlands, open space, remainder Parcels, Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The Council reserves the right to make administrative and technical changes to this document that do 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 Council’s discretion. Interpretations may be made by the Administrator or Exhibit B

by resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied indefinitely as necessary to pay the Special Tax Requirement for each Special Tax Component at up to the Maximum Special Tax for each Developed Property.

H. APPEAL OF SPECIAL TAX LEVY
The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any Property Owner appeals, as herein specified. Any Property Owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Engineer shall take any of the following actions to correct the error:

Amend the Special Tax levy on the Property Owner's property tax bill for the current Fiscal Year, or
Have the CFD reimburse the Property Owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or
Grant a credit against, eliminate, or reduce the future Special Taxes on the Property Owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

If following such consultation and action (if any by the Administrator), the Property Owner believes such error still exists, such person may file a written notice with the City Engineer appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the City Engineer), the Property Owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. If the City Council determines an error exists; the Administrator shall take any actions as described above, to correct the error. The decision of the City Council shall be final and binding to all persons.

Exhibit C

EXHIBIT C

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
ASSESSOR’S PARCEL NUMBERS

AND OWNERS OF LAND WITHIN COMMUNITY FACILITIES DISTRICT Owner Name APN
CIVIC CLAYTON LLC 121-090-023-7
CIVIC CLAYTON LLC 121-090-024-5
CIVIC CLAYTON LLC 121-090-025-2
CIVIC CLAYTON LLC 121-090-026-0
CIVIC CLAYTON LLC 121-090-027-8
CIVIC CLAYTON LLC 121-090-028-6
CIVIC CLAYTON LLC 121-090-029-4
CIVIC CLAYTON LLC 121-090-030-2
CIVIC CLAYTON LLC 121-090-031-0
CIVIC CLAYTON LLC 121-090-032-8
CIVIC CLAYTON LLC 121-090-033-6
CIVIC CLAYTON LLC 121-090-034-4
CIVIC CLAYTON LLC 121-090-035-1
CIVIC CLAYTON LLC 121-090-036-9
CIVIC CLAYTON LLC 121-090-037-7
CIVIC CLAYTON LLC 121-090-038-5
CIVIC CLAYTON LLC 121-090-039-3
CIVIC CLAYTON LLC 121-090-040-1
CIVIC CLAYTON LLC 121-090-041-9
CIVIC CLAYTON LLC 121-090-042-7
CIVIC CLAYTON LLC 121-090-043-5
CIVIC CLAYTON LLC 121-090-044-3
CIVIC CLAYTON LLC 121-090-045-0
CIVIC CLAYTON LLC 121-090-046-8
Resolution ##-2022 CFD 2022-01 Page 1
RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON, CALIFORNIA ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES)

AND DESIGNATING A FUTURE ANNEXATION AREA AND TAKING OTHER ACTIONS

RELATING THERETO
WHEREAS, the City Council (the “Council”) of the City of Clayton (the “City”) has adopted a resolution entitled “A Resolution of the City Council of the City of Clayton, California Stating the Intention to Establish a Community Facilities District and Future Annexation Area” (the “Resolution of Intention”), stating its intention to form (i) the “City of Clayton Community Facilities District No. 2022-01 (Public Services)” (the “CFD”) and (ii) the "City of Clayton Community Facilities District No. 2022-01 (Public Services) (Future Annexation Area)” (the “Future Annexation Area”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”);
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and the Future Annexation Area and describing the services to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD and the Future Annexation Area;
WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD and the Future Annexation Area, the services to be provided therein and the levy of such special tax were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a CFD report (the “Report”) as to the services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council at the conclusion of said hearing is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by 50% or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special taxes; and
WHEREAS, written protests have not been filed with the City Clerk against the proposed annexation of the Future Annexation Area to the CFD by (i) 50% of more of the registered voters, or six registered voters, whichever is more, residing in the proposed boundaries of the CFD, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the Future Annexation Area, (iii) owners of one-half or more of the area of land in the proposed CFD or (iv) owners of one-half or more of the area of land in the Future Annexation Area.

NOW, THEREFORE, the City Council of the City of Clayton resolves as follows:

Resolution ##-2022 CFD 2022-01 Page | 2

1. Recitals Correct. The foregoing recitals are true and correct.

2. No Majority Protest. The proposed CFD, the proposed Future Annexation Area and the proposed special tax to be levied within the CFD have not been precluded by majority protest pursuant to section 53324 of the Act.

3. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the Future Annexation Area and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act, and any irregularities are hereby waived.

4. Name of the CFD and the Future Annexation Area. The community facilities district designated “City of Clayton Community Facilities District No. 2022-01 (Public Services)” is hereby established pursuant to the Act. The future annexation area designated “City of Clayton Community Facilities District No. 2022-01 (Public Services) (Future Annexation Area)” is hereby established pursuant to the Act.

5. Boundaries of CFD. The boundaries of the CFD and the Future Annexation Area, as set forth in the map of the CFD heretofore recorded in the Contra Costa County Recorder’s Office on August 26, 2022, at 1:31 p.m., in Book 90 of Maps of Assessment and Community Facilities Districts at Page 8, as Document No. 2022-0132323 pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD and the Future Annexation Area.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without additional hearings.

6. Description of Services. The type of public services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Services”). The City intends to provide the Services on an equal basis in the original territory of the CFD and, when it has been annexed to the CFD, the Future Annexation Area.

7. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council. b. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are shown in Exhibit B attached hereto and hereby incorporated herein.
c. Territory in the Future Annexation Area will be annexed into the CFD and a special tax will be levied on such territory only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed into the CFD. Except Resolution ##-2022 CFD 2022-01 Page | 3
to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all nonexempt real property in the Future Annexation Area, is intended to be levied annually within the Future Annexation Area, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this City Council. As required by Section 53339.3(d) of the Act, the Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the existing CFD, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the existing CFD. In so finding, the Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the existing CFD.

8. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon the City, as the result of development occurring in the CFD and the Future Annexation Area. The Services are in addition to those provided in the territory of the CFD and the Future Annexation Area as of the date hereof and will not supplant services already available within the territory of the CFD and the Future Annexation Area as of the date hereof.

9. Responsible Official. The City’s Public Works Director/City Engineer (or his or her designee) of the City of Clayton, Clayton City Hall, 6000 Heritage Trail, Clayton, California 94517, telephone number (925) 673-7300, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the City ceases.

11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $2,000,000, subject to annual increase as authorized by law, and such appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the Constitution.

12. Election. Pursuant to the Act, the proposition of the levy of the Special Tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election held following the public hearing scheduled Tuesday, September 20, 2022, at 7:00 p.m. or as soon as possible thereafter, in City Council Chamber, located at Hoyer Hall, Clayton Community Library, 6125 Clayton Road, Clayton, California. Reference the Resolution Calling A Special Landowner Election for more detail.

13. Effective Date. This resolution shall take effect from and after the date of its passage and adoption.

Resolution ##-2022 CFD 2022-01 Page | 4
PASSED AND ADOPTED by the City Council of the City of Clayton at a meeting held on the 20th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
___________________________
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
Exhibit A

EXHIBIT A

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
Authorized Services
The captioned Community Facilities District (the “CFD”) will finance, in whole or in part, the following services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982), including all related direct, incidental, and administrative costs, expenses and the related reserves for replacement of equipment and facilities related to the foregoing:
• Annual operation, maintenance, and servicing, including repair and replacement, of all public storm drain and stormwater treatment facilities and improvements, including but not limited to detention and bio-retention basins and associated facilities, field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris, etc. from treatment areas, drainage areas, detention and bio-retention basins, and City catch basins and outfall structures, and other associated services which are needed to operate, maintain and service, including repair and replacement, of the storm drain and storm water treatment facilities.
• Annual operation, maintenance, and servicing, including repair and replacement, of the City’s streetlight system within the public right-of-way and public easements within the boundaries of the City, including streetlights mounted on PG&E and City-owned poles (wood, metal, or concrete), and appurtenant facilities which may include but not be limited to poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals, and metering devices. Maintenance also includes the cleaning and removal of graffiti, and associated electric and utility costs.

If the City and a Property Owner’s Association or a Homeowner’s Association (collectively, “Owner’s Association”) enter into an agreement to allow the Owner’s Association to provide Authorized Services, such services shall be defined as Contingent Services for the purposes of the CFD. Contingent Services shall be provided by the Owner’s Association, unless such Owner’s Association fails to maintain improvements or provides services at a level that meets City standards.

Any services to be funded by the CFD must be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and may not supplant services already available within that territory when the CFD was created but may be used to fund services resulting from the additional impacts on existing improvements resulting from said development. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.

Administrative Expenses:

The direct and indirect expenses incurred by the City in connection with the establishment and administration of the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, special tax consultants, or advisors, any fees of the Exhibit A

County related to CFD or the collection of Special Taxes, an allocable share of the salaries of City staff directly related to the formation and administration of CFD and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund or otherwise with respect to CFD for the Authorized Services, any amounts required to fund or replenish operating and capital reserves, expenses incurred by the City in undertaking any action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD for the payment of Authorized Services, and all other costs and expenses of the City in any way related to CFD.

Exhibit B

EXHIBIT B
Community Facilities District No. 2022-01
(Public Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax as defined below applicable to each Assessor's Parcel in the City of Clayton Community Facilities District No. 2022-01 (Public Services) (herein "CFD No. 2022-01" or "CFD") shall be levied and collected according to the tax liability determined by the City Council of the City of Clayton, acting in its capacity as the legislative body of CFD No. 2022-01, or its designee, through the application of this Rate and Method of Apportionment of Special Tax. All the Assessor’s Parcels located within the boundaries of CFD No. 2022-01, unless exempted by Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2022-01.

A. DEFINITIONS
When applying this Rate and Method of Apportionment of Special Tax the terms set forth below have the following meanings:
“Accessory Unit” means a second unit of reduced size (e.g., granny cottage, etc.) that is following the construction of the primary unit on Residential Property. An Accessory unit shall not be considered a separate unit from the primary unit for purposes of this RMA and will not be levied a Special Tax if on the same Parcel as a unit subject to the Special Tax.
"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, parcel map, condominium plan, record of survey, or another recorded County Parcel map. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination as needed, utilizing, in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), of Part 1, of Division 2, of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the direct and indirect expenses incurred by the CFD or the City in connection with the establishment and administration of CFD No. 2022-01 (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of attorneys, special tax consultants, or advisors, any fees of the County related to CFD No. 2022-01 or the collection of Special Taxes, an allocable share of the salaries of City staff directly related to the formation and administration of CFD No. 2022-01 and a proportionate amount of the City’s general Exhibit B

administrative overhead related thereto, any amounts paid by the City from its general fund or otherwise with respect to CFD No. 2022-01 for the Authorized Services, expenses incurred by the City in undertaking any action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD No. 2022-01 for the payment of Authorized Services, and all other costs and expenses of the City in any way related to CFD No. 2022-01. "Administrator" means an official of the City, or any designee thereof such a person or firm, to administer the Special Taxes according to this RMA. "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor’s Parcel map with an assigned Assessor's Parcel number.
"Authorized Services" means the services authorized to be funded by CFD No. 2022- 01, as provided in the CFD formation documents adopted by the City Council. “Building Permit” means a permit issued by the City or other governmental agency for the construction of a building with an improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD No. 2022-01” or “CFD” means the City of Clayton Community Facilities District No. 2022-01 (Public Services).
"City" means the City of Clayton.
"City Council" or “Council” means the City Council of the City of Clayton, acting as the legislative body of CFD No. 2022-01.
“Contingent Services” means those Authorized Services to be funded by CFD No. 2022-01 as set forth in the documents adopted by the City Council at the time the CFD was formed and to be provided by the City in the event the City decides pursuant to Section D that a Property Owner Association fails to adequately provide such services. “County” means the County of Contra Costa.
"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property where a Building Permit was issued on or before April 30 of the Fiscal Year preceding the Fiscal Year for which the Special taxes are being levied. Once a property is classified as Developed Property, it cannot be reclassified in subsequent years. “Dwelling Unit” means one residential unit of any configuration, including but not limited to, a single family attached or detached dwelling, condominium, townhome, apartment, or other residential Dwelling Unit, including each separate living area within a half plex, duplex, triplex, fourplex, other residential structure, or mobile home. An Accessory Unit shall not be determined to be a Taxable Dwelling Unit for purposes of this RMA and will not be levied a Special Tax if on the same Parcel as a unit subject to the Special Tax.

Exhibit B

“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Land Use Class” means the current or intended use of a Taxable Parcel listed in Table 1, as may be determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in CFD No. 2022-01 in any Fiscal Year, determined in accordance with Section C below.
“Property Owner” or “Homeowner” means the owner of fee title to an Assessor’s Parcel.
“Property Owner Association” or “Homeowner’s Association” (“HOA”) means the property owner’s association or homeowner’s association established to perform certain services within the boundaries of the CFD.
“Property Owner Association Property” or “Homeowner’s Association (“HOA”) Property” means for each Fiscal Year, any Assessor’s Parcel within the boundaries of the CFD that is owned by or irrevocably offered for dedication to a Property Owner Association or HOA, including any master or sub-association. “Proportionately” means for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax for each Tax Zone is equal for all Assessor’s Parcels of Developed Property.
“Public Property” means for each Fiscal Year, (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, or other governmental agency; provided however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1(a) 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 the CFD that is encumbered by an unmanned utility easement making impractical its utilization for other than the purposes set forth in the easement. “Rate and Method of Apportionment” or “RMA” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued by the City for purposes of constructing one (1) or more residential Dwelling Units.
“Section 53340.1(a)” means Section 53340.1(a) of the Act. “Special Tax” or “Special Taxes” means a special tax levied in any Fiscal Year to pay the Special Tax Requirement for each Special Tax Component. The Special Tax consists of two parts, Special Tax A and Special Tax B.

Exhibit B

“Special Tax A” – means the Special Tax to be levied in each Fiscal Year to fund the Special Tax Requirement for Authorized Services, excluding Contingent Services. “Special Tax B (Contingent)” – means the Special Tax to be levied in each Fiscal Year to fund the Special Tax Requirement for Contingent Services. “Special Tax Component” means one of the following Special Taxes: Special Tax A or Special Tax B (Contingent).
“Special Tax Requirement” means for each Special Tax Component, the amount necessary in any Fiscal Year to (i) pay for Authorized Services, including Contingent Services if needed, (ii) pay the Administrative Expenses, (iii) cure any delinquencies in the payment of Special Taxes levied in prior Fiscal Years (based on delinquencies in the payment of Special Taxes which have already taken place) or are expected to occur in the current Fiscal Year, and (iv) to create or replenish reserve funds for Administrative Expenses, or future Authorized Services including capital replacements. “Taxable Property” means all the Assessor’s Parcels within CFD No. 2022-01 which are not exempt from the Special Tax pursuant to law or Section E. “Tax-Exempt Property” means all the Assessor’s Parcels not subject to the CFD Special Tax pursuant to Section E.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All property within CFD No. 2022-01 at the time of CFD formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax and Rate and Method of Apportionment of Special Tax may 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. 2022-01 shall be identified by Assessor’s Parcel Number in a Unanimous Approval Form that is to be executed and notarized by the owner(s) of the Parcels at the time of annexation. “Unanimous Approval Form” means a form provided by the Administrator that is executed by the owner of fee title to a Parcel or Parcels to be annexed into CFD No. 2022-01 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2022-01, and the levy of the Special Tax against the Parcel or Parcels being annexed pursuant to the RMA and which identifies any Tax Zone applicable to the Parcel or Parcels that are being annexed.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

Exhibit B

B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Developed Property and Undeveloped Property within CFD No. 2022- 01 and the applicable Tax Zone for each Parcel of Taxable Property. The Administrator shall also determine: (i) the Land Use of each Assessor’s Parcel of Developed Property, (ii) the number of Dwelling Units on each Parcel of Residential Property, and (iv) the Special Tax Requirement for each Special Tax Component.

In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2022-01 was recorded after January 1 of the prior Fiscal Year, (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcelmap.

C. MAXIMUM SPECIAL TAXES

1. Maximum Special Taxes
The Maximum Special Taxes for Fiscal Year 2022-23 for a Parcel of Developed Property shall be determined by reference to Table 1 below:

A. Table 1
Land Use Special Tax Component Maximum Special Tax
Residential Property Special Tax A1 $348.52 per Dwelling Unit Residential Property Special Tax B (Contingent Services) 2 $603.21 per Dwelling Unit Residential Property Subtotal Special Tax A and B $951.73 per Dwelling Unit 1Special Tax A is intended to annually fund Authorized Services, excluding Contingent Services. 2Special Tax B is intended to fund Contingent Services, if needed. Contingent Services are those Authorized Services that the HOA is responsible for maintaining. The City shall not levy Special Tax B to pay for Contingent Services if HOA maintains the Contingent Services to City standards. Should the City determine the HOA has failed to maintain the Contingent Services to City standards, then Special Tax B will be levied to provide funding for the Contingent Services.

No Special Tax shall be levied on Undeveloped Property.

2. Maximum Special Tax Increases
On July 1, 2023, and each July 1 thereafter, the Maximum Special Tax rates shall be increased by a percentage equal to the greater of (a) the percentage increase, if any, in the prior calendar year's annual change in the Consumer Price Index for All Urban Consumers for the Bay Area: San Francisco-Oakland-Hayward, or (b) three percent (3%). In the event the Consumer Price Index for all Urban Consumers for the Bay Area: San Francisco-Oakland-San Jose ceases to be Exhibit B

published, the Maximum Special Tax may be increased based on a comparable index as determined by Administrator at the Administrator’s discretion.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
The Special Taxes shall be levied annually each Fiscal Year according to the methodology below.

The Special Tax consists of two components: Special Tax A and Special Tax B (Contingent), and shall be levied commencing with the 2022-23 Fiscal Year, on each Parcel of Developed Property Proportionately as needed to satisfy the Special Tax Requirement for each Special Tax Component for the applicable Fiscal Year at up to the Maximum Special Tax for each Developed Property.

The Special Tax A is intended to be levied annually to fund Authorized Services, excluding Contingent Services. The Special Tax B (Contingent) is not intended to be levied annually but shall be levied in the event the City in its sole discretion determines that the HOA has defaulted in its obligation to provide the Contingent Services. A default of the HOA may be deemed to have occurred under each of the following circumstances, without exclusion of other circumstances in the City’s sole descretion:
• The HOA files for bankruptcy;
• The HOA is dissolved;
• The HOA fails to provide Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City.

If the HOA fails to provide Contingent Services, the City shall provide written notice to the HOA, and the HOA shall have thirty (30) days after written notice from the City, or such longer period as may be permitted by the City, to remedy the deficiency to the reasonable satisfaction of the City.

The Special Taxes for CFD No. 2022-01 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill owners of Taxable Property and may collect Special Taxes at a different time or in a different manner if necessary to meet the financialobligations of the CFD.

E. EXEMPTIONS
Special Taxes shall not be levied on Public Property unless there is a leasehold interest of the character described by Section 53340.1(a). In addition, Tax-Exempt property shall also include but not be limited to Parcels categorized as Undeveloped Property, Property Owner Association Property, Restricted Property, Parcels that receive a welfare exemption as described by Section 53340(c) of the Government Code, privately owned Parcels that are non-developable, such as common areas, wetlands, open space, remainder Parcels, Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement.

Exhibit B

F. INTERPRETATION OF SPECIAL TAX FORMULA
The Council reserves the right to make administrative and technical changes to this document that do 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 Council’s discretion. Interpretations may be made by the Administrator or by resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied indefinitely as necessary to pay the Special Tax Requirement for each Special Tax Component at up to the Maximum Special Tax for each Developed Property.

H. APPEAL OF SPECIAL TAX LEVY
The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any Property Owner appeals, as herein specified. Any Property Owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Engineer shall take any of the following actions to correct the error:

Amend the Special Tax levy on the Property Owner's property tax bill for the current Fiscal Year, or
Have the CFD reimburse the Property Owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or
Grant a credit against, eliminate, or reduce the future Special Taxes on the Property Owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

If following such consultation and action (if any by the Administrator), the Property Owner believes such error still exists, such person may file a written notice with the City Engineer appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the City Engineer), the Property Owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. If the City Council determines an error exists; the Administrator shall take any actions as described above, to correct the error. The decision of the City Council shall be final and binding to all persons.

Resolution ##-2022 CFD 2022-01 Page 1
RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON, CALIFORNIA

CALLING A SPECIAL LANDOWNER ELECTION
FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES) AND

DESIGNATING A FUTURE ANNEXATION AREA
WHEREAS, the City Council (the “Council”) of the City of Clayton (the “City”) has adopted a resolution entitled “Resolution of the City Council of the City Of Clayton, California Establishing Community Facilities District No. 2022-01 (Public Services) and Designating a Future Annexation Area and Taking Other Actions Relating Thereto" (the “Resolution of Formation”), ordering the formation of (i) the “City of Clayton Community Facilities District No. 2022-01 (Public Services)” (the “CFD”) and (ii) the “City of Clayton Community Facilities District No. 2022-01 (Public Services) (Future Annexation Area),” defining the public services (the “Services”) to be provided by the CFD, 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”); and WHEREAS, pursuant to the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD as required by the Act;
WHEREAS, the City Clerk has advised the Council that a statement has been received from the Registrar of Voters of the County of Contra Costa stating that there are no persons registered to vote in the territory of the CFD; and
WHEREAS, the Council is fully advised in this matter and now desires to call the special mail ballot election.

NOW, THEREFORE, the City Council of the City of Clayton resolves as follows:

1. Issues Submitted. Pursuant to the Act, the following ballot measure shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below:

BALLOT MEASURE: Shall the City of Clayton be authorized to annually levy a special tax solely on lands within the City of Clayton Community Facilities District No. 2022-01 (Public Services) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council of the City on September 20, 2022, commencing in the City’s Fiscal Year 2022-23, estimated to raise approximately $17,200 annually, to pay for services authorized to be provided by the CFD and to pay the costs of the City in administering the CFD, and shall the initial annual appropriations limit of the CFD be established in the amount of $2,000,000?

2. Qualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that, Resolution ##-2022 CFD 2022-01 Page | 2
for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearing.

3. Conduct of Election. This Council hereby calls a special election to consider the issues described in section 1 above, which shall be held on September 20, 2022, and the results thereof canvassed at the meeting of this Council on September 20, 2022. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Clerk has on file the Resolution of Formation, a map of the boundaries of the CFD, and a sufficient description to allow the Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election.

4. Ballot. As authorized by Section 53353.5 of the Act, the issues described in section 1 above shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit “A” is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit “A,” to be delivered to each of the qualified electors of the CFD.

Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.

5. Waivers. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. There is on file with the Clerk a written waiver executed by all the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis, and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

6. Accountability. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the provision of the Services and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report if required by Section 50075.3 of the Government Code.

7. Effective Date. This Resolution shall take effect upon its adoption.

Resolution ##-2022 CFD 2022-01 Page | 3
PASSED AND ADOPTED by the City Council of the City of Clayton at a meeting held on the 20th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
___________________________
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
A-1

EXHIBIT A

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)

OFFICIAL BALLOT

SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Clayton no later than the hour of 3:30 p.m. on Tuesday, September 20, 2022, either by mail or in person. The City Clerk’s office is located at 6000 Heritage Trail, Clayton, California.

To vote on the measure, mark a cross (X) or check mark in the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Clayton at the address above and obtain another.

BALLOT MEASURE: Shall the City of Clayton be authorized to annually levy a special tax solely on lands within the City of Clayton Community Facilities District No. 2022-01 (Public Services) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council of the City on September 20, 2022, commencing in the City’s Fiscal Year 2022-23, estimated to raise approximately $17,200 annually, to pay for services authorized to be provided by the CFD and to pay the costs of the City in administering the CFD, and shall the initial annual appropriations limit of the CFD be established in the amount of $2,000,000?
YES: __________
NO: __________
Number of acres: _8.605___
Number of votes entitled to be cast: _9___
Property Owner: _CIVIC CLAYTON LLC, A

CALIFORNIA LIMITED LIABILITY
COMPANY__
Authorized Representative
Resolution ##-2022 CFD 2022-01 Page 1
RESOLUTION NO. ##-2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAYTON, CALIFORNIA

DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION AND DIRECTING

RECORDING OF NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES) AND DESIGNATING A FUTURE ANNEXATION AREA WHEREAS, the City Council (the “Council”) of the City of Clayton (the “City”) has adopted a resolution entitled “Resolution of the City Council of the City of Clayton, California Establishing Community Facilities District No. 2022-01 (Public Services) and Designating a Future Annexation Area and Taking Other Actions Relating Thereto” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Clayton Community Facilities District No. 2022-01 (Public Services)” (the “CFD”) and (ii) the “City of Clayton Community Facilities District No. 2022-01 (Public 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 entitled "Resolution Calling Special Landowner Election for Community Facilities District" (the “Election Resolution”) 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 provisions of the Act.

WHEREAS, pursuant to the Election Resolution, which is by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and WHEREAS, this Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD.

NOW, THEREFORE, the City Council of the City of Clayton resolves as follows:

1. Recitals. The foregoing recitals are all true and correct.

2. Issues Presented. Pursuant to the Act, the following ballot measure shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below:

BALLOT MEASURE: Shall the City of Clayton be authorized to annually levy a special tax solely on lands within the City of Clayton Community Facilities District No. 2022-01 (Public Services) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council of the City on September 20, 2022, commencing in the City’s Fiscal Year 2022-23, estimated to raise approximately $17,200 annually, to pay for services authorized to be provided by the CFD and to pay the costs of the City in administering the CFD, and shall the initial annual appropriations limit of the CFD be established in the amount of $2,000,000?
Resolution ##-2022 CFD 2022-01 Page 2

3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD.

4. Declaration of Results. All votes voted in the special election on the proposition were voted in favor thereof, and the proposition carried.

5. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD were valid and in conformity with the Act.

6. Effect of Election. The effect of the results of the special election, as specified in Section 4 hereof, is that the City Council, as the legislative body of the CFD, is authorized to annually levy special taxes solely on lands within the CFD in accordance with the rate and method contained in the Resolution of Formation, commencing in the City’s fiscal year 2022-23, estimated to raise approximately $17,200 annually, to pay for the municipal services for the CFD and to pay the costs of the City in administering the CFD, and establish an appropriations limit for the CFD in the amount of $2,000,000, subject to annual increases in accordance with the law.

7. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this resolution by the Council.

8. Effective Date. This Resolution shall take effect upon its adoption.

Resolution ##-2022 CFD 2022-01 Page 3
PASSED AND ADOPTED by the City Council of the City of Clayton at a meeting held on the 20th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
___________________________
Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
A-1

EXHIBIT A

CANVASS AND STATEMENT OF RESULT OF ELECTION

CITY OF CLAYTON
Community Facilities District No. 2022-01
(Public Services)
I hereby certify that on September 20, 2022, I canvassed the returns of the election held on September 20, 2022, in the City of Clayton Community Facilities District No. 2022-01 (Public Services) and the total number of ballots cast in such District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true, and correct:

Qualified
Landowner Votes
Votes Cast YES NO
City of Clayton
Community Facilities District No. 2022-01
(Public Services)
Special Tax Election,
September 20, 2022 ____ _____ _____ _____
BALLOT MEASURE: Shall the City of Clayton be authorized to annually levy a special tax solely on lands within the City of Clayton Community Facilities District No. 2022-01 (Public Services) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council of the City on September 20, 2022, commencing in the City’s Fiscal Year 2022-23, estimated to raise approximately $17,200 annually, to pay for services authorized to be provided by the CFD and to pay the costs of the City in administering the CFD, and shall the initial annual appropriations limit of the CFD be established in the amount of $2,000,000?
YES: __________
NO: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 20, 2022.

By:

City Clerk
City of Clayton
Ordinance No. September 20, 2022

ORDINANCE NO.

AN ORDINANCE LEVYING SPECIAL TAXES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES)

THE CITY COUNCIL

CITY OF CLAYTON, CALIFORNIA
WHEREAS, the City Council (this “Council”) of the City of Clayton (the “City”) has adopted a resolution entitled “A Resolution of the City Council of the City of Clayton, CA Stating the Intention to Establish A Community Facilities District and Future Annexation Area” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish (i) the “City of Clayton Community Facilities District No. 2022-01 (Public Services)” (the “CFD”) and (ii) the "City of Clayton Community Facilities District No. 2022-01 (Public Services) (Future Annexation Area)" (the “Future Annexation Area”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to fund certain municipal services (the “Services) as provided in the Act.

WHEREAS, pursuant to notice as specified in the Act, and as part of the Proceedings, the Council has held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the Future Annexation Area and the rate and method of apportionment of the special tax (“Special Tax”) to be levied within the CFD to finance the Services, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the Future Annexation Area and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held.

WHEREAS, upon the conclusion of the hearing, this Council adopted a resolution entitled “Resolution of the City Council of the City of Clayton, California Establishing Community Facilities District No. 2022-01 (Public Services) and Designating a Future Annexation Area and Taking Other Actions Relating Thereto” (the “Resolution of Formation”), pursuant to which it completed the Proceedings for the establishment of the CFD and the Future Annexation Area, the authorization of the levy of the Special Tax within the CFD and the calling of an election within the CFD on the propositions of levying the Special Tax and establishing an appropriations limit within the CFD, respectively.

WHEREAS, on September 20, 2022, a special election was held among the landowner voters within the CFD at which such voters approved such propositions by the two-thirds vote required by the Act, which has been confirmed by resolution of this Council.

NOW THEREFORE, THE CITY COUNCIL OF CLAYTON, CALIFORNIA DOES ORDAIN as follows:

Section 1. Special Tax Authorized. By the passage of this Ordinance, the Council hereby authorizes and levies the Special Tax within the CFD (including any parcel or parcels in the Future Annexation Area that annex into the CFD) pursuant to sections 53328 and 53340 of the Act, at the rate and in accordance with the Rate and Method of Apportionment of Special Tax set forth in the Resolution of Formation which rate and method is by this reference incorporated herein.

Ordinance No. September 20, 2022

The Special Tax is hereby levied commencing in fiscal year 2022-23 and in each fiscal year thereafter to pay for the Services for the CFD, as contemplated by the Resolution of Formation and the Proceedings, and all costs of administering the CFD.

Section 2. Collection Official. Following the approval by the Council of a budget for the CFD for each fiscal year after 2022-23, the Public Works Director/City Engineer or designee, or an employee or consultant of the City (the “Collection Official”), is hereby authorized and directed each fiscal year to determine the specific Special Tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the CFD (including any parcel or parcels in the Future Annexation Area that annex into the CFD), in accordance with such approved budget and in the manner and as provided in the Resolution of Formation. In the event the Council has not adopted a budget for the CFD by July 31 of any year, the budget for that fiscal year shall be the same as the budget for the previous fiscal year.

Section 3. Exemptions. Properties or entities of the state, federal or local governments shall be exempt from any levy of the Special Taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method of Apportionment.

Section 4. Use of Special Tax. All the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

Section 5. Secured by a Lien. The Special Taxes authorized to be levied shall be secured by the lien imposed pursuant to Section 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the Special Taxes. The lien of the Special Tax shall continue in force and effect until the Special Tax obligation is cancelled in accordance with law or until the Special Tax ceases to be levied by the Council.

Section 6. Collection Method. The Special Taxes of the CFD shall be collected as necessary to meet the financial obligations of the CFD on the secured tax roll in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. In each fiscal year commencing in the fiscal year 2022-23, the Collection Official is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Contra Costa and to otherwise take all actions necessary in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the CFD, and include on the secured property tax roll of the County of Contra Costa for Fiscal Year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

Notwithstanding the foregoing, the Collection Official may collect the Special Taxes by means of direct billing by the City to the property owners within the CFD if, in the judgment of the Collection Official such means of collection will reduce the administrative burden on the City in administering the CFD or is otherwise appropriate in the circumstances. In such event, the Special Taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners.

Ordinance No. September 20, 2022

Section 7. Partial Invalidity. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

Section 8. Execution and Posting. The Mayor shall sign this Ordinance and the City Clerk, within fifteen (15) days after its passage, shall cause the same to be published in three (3) public places as designated by Resolution of the Clayton City Council for the posting of ordinances and public notices.

Section 9. Effective Date. This Ordinance shall take effect thirty (30) days from the date of final passage.
******
The foregoing Ordinance was introduced at a regular public meeting of the City Council of the City of Clayton held on the 20th day of September, 2022.

PASSED, ADOPTED and ORDERED posted at an adjourned regular public meeting of the City Council of the City of Clayton, California held on the 4th day of October, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Peter Cloven, Mayor
ATTEST:

Janet Calderon, City Clerk
******
I hereby certify that the foregoing Ordinance was duly introduced at a regular public meeting of the City Council of Clayton, California held on September 20, 2022, and was duly adopted, passed, and ordered posted at an adjourned regular meeting of the City Council held on October 4, 2022.

Janet Calderon, City Clerk
Agenda Item: 9(a)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
DATE: September 20, 2022
SUBJECT: Approve by Minute Order the Placement of Plaques in Memory of Braden Fahey at The Grove Park and Clayton Community Park
___________________________________________________________________________

RECOMMENDATION
Approve by Minute Order the Placement of Plaques in Memory of Braden Fahey at The Grove Park and Clayton Community Park.

BACKGROUND
In 2007, the City Council adopted Resolution 12-2007 (attached), establishing a park naming policy. The policy includes naming not only parks but also certain amenities within parks such as ballfields, scoreboards, gazebo, tot lot, etc. The policy allows for naming of amenities and/or the placement of plaques for a number of reasons, including recognition in memory of a deceased community member.

DISCUSSION
On August 7, 2022, a local Clayton middle school student, Braden Fahey, died following a medical emergency. In the days and weeks following, the Clayton community has come together in a number of ways to honor Braden.

The City has received two requests specifically. The first is for the placement of a memorial plaque on a bench at The Grove Park, where Braden often played and met with friends. It is the City’s policy that such a memorial plaque is allowed, provided that the requesters pay for the plaque, which they have agreed to do. Maintenance of the bench (including the plaque) remains the responsibility of the City.

The second request is from Clayton Valley Little League to name the Baseball Field at Clayton Community Park Field 3 as the “Braden Fahey Memorial Field”. This request is in line with the City Council adopted naming policy, provided that any memorial signage/plaque be paid for by the requester. In this case, Clayton Valley Little League has agreed to pay for the requested signage if the naming is approved.

Subject: Approve by Minute Order the Placement of Plaques in Memory of Braden Fahey at The Grove Park and Clayton Community Park
Date: September 20, 2022

In both cases, the Fahey family is aware of the request and is supportive of it, and grateful for the outpouring of support from the community.

FISCAL IMPACT
Because the costs associated with the memorial plaques will be born by the requesters, there is no direct fiscal impact to the City. Any increases in maintenance would be minimal.

Attachment:

1. Resolution 12-2007, Parks Naming Policy
RESOLUTION NO. 12-2007

A RESOLUTION ESTABLISHING A PARK NAMING POLICY

THE CITY COUNCIL
City of Clayton, California
WHEREAS, the City of Clayton has many parks and park elements; and WHEREAS, the City of Clayton does not have a formal park naming policy and wishes to establish one; and
WHEREAS, on February 8, 2007 the Community Services Commission considered and unanimously recommended a Park Naming Policy for the City of Clayton; and WHEREAS, the City Council considered the Park Naming Policy at its regular meeting of April17, 2007.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Clayton, California, that a City of Clayton Park Naming Policy is herein established and adopted as provided in the attached Exhibit A to this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of Clayton, California at a regular meeting thereof held on the 1 th day of April, 2007 by the following vote:

AYES: Mayor Walcutt, Vice Mayor Manning, Councilmembers Pierce and Stratford NOES: None
ABSENT: Councilmember Shuey
ABSTAIN: None

THE CITY COUNCIL OF CLAYTON, CA
William R. Walcutt, Mayor
Laci J. Ja{k~o~, ~ity Clerk
*****************************************************
I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of Clayton, California at a regular meeting thereof held on April 17, 2007. )~~f, (l ,, ' /\ ) I AjA~ 'yl· >,/~ ~ .,'·· I ! 'v . ~""·-- -"'"><~ / --\· v ~"" "'f~/) .} I Laci J. Ja6k~qn, pity Clerk
Resolution 12-2007 1 April17, 2007
Exhibit A to Resolution No 12-2007
City of Clayton Park Naming Policy
Park names shall be determined by the City Council using at least one of the following criteria:
• Historical event or activity associated with the site • Geographical references
• Individual historical or special community contribution of individual only after death (posthumously)
• No corporate, business or personal naming of parks
Recreation scoreboards
• Scoreboards(ie: Clayton Community Gym, Clayton Community Park, (future) Bocce Courts): may be allowed to have business or individual signage for containing their name and/or logo if they have substantially provided to the construction or maintenance.

Other features or elements contained within a park or recreation area such as tot lot, gazebo, ballfield, etc.
• May have a small plaque or donor board to acknowledge the contributions made by the businesses, individuals, or a memorial designation. The signage or donor board installation will be paid for by the donor or through donations received. Maintenance would be incorporated into the park maintenance.

Resolution 12-2007 2 April17, 2007
Agenda Item: 9(b)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: September 20, 2022
SUBJECT: Approval of Preliminary Design Concept for Complete Streets Feasibility Study on Pine Hollow Road (Joint Project with City of Concord) ___________________________________________________________________________

RECOMMENDATIONS
Staff recommends the City Council review and conceptually approve the preliminary Complete Street measures being proposed along Pine Hollow Road between the Concord/Clayton City limits and Pine Hollow Court which includes a new five-foot wide southside sidewalk, added sharrows in the vehicular travel lanes for safer bicycle travel, raised high visibility crosswalk intersections at Mitchell Canyon Road and at Tiffin Drive, which are shown on Attachment 1.

BACKGROUND
The City of Clayton, jointly with the City of Concord as the lead, conducted a Complete Streets Feasibility Study on a 2.2-mile corridor of Pine Hollow Road/Alberta Way between Clayton Valley Charter High School and Mt. Diablo Elementary School. The study and accompanying community outreach effort was conducted to evaluate multimodal improvements for a critical school travel corridor which would enhance bicycle and pedestrian safety, access to transit, and recreational residential use.

The Pine Hollow Road corridor lacks continuous/standard sidewalks or bike lanes; and faces challenges associated with high traffic speeds, heavy truck traffic, and multiple locations with several collisions in recent years. The corridor experiences elevated truck traffic associated with the presence of the quarries and elevated auto traffic as it is used as a cut-through for traffic bypassing congestion on nearby arterials. The combination of inadequate or disconnected transportation facilities with elevated levels of auto/truck traffic and speeds results in an undesirable environment for pedestrian and bicycle activity. This in turn causes increased reliance on auto access to the schools, resulting in congestion around schools during school start/dismissal periods. The project is needed to enhance safety and connectivity for school children and other residents to allow for an increase in walking and biking in the area and an improved quality of life.

The City of Concord contracted the services of Kimley Horn to perform community outreach effort and prepare the feasibility study. For the past 15 months, Kimley Horn solicited community input and perform a technical transportation analysis to complete the feasibility study. Three rounds of outreach efforts resulted in over 2,000 interactions with the public, including a demonstration pop-up event in front of Pine Hollow Middle School on April 27, 2022 that involved installing some temporary measures for stakeholders to navigate, experience, and provide additional feedback.

DISCUSSION
Adam Dankberg, Project Manager with Kimley Horn will be attending the City Council meeting and presenting a brief slideshow of the results of the feasibility study and preferred alternatives. Mr. Dankberg provided a similar presentation to the Concord City Council on August 23, 2022 regarding the comprehensive project. His presentation and slides provide more information on the community feedback received from Concord and Clayton residents.

The recommended complete street measures shown in Attachment 1 are being presented to the City Council for conceptual concurrence and support for pursuing grant funding opportunities such as Active Transportation Program (ATP) in conjunction with the City of Concord.

Summary proposed conceptual improvements within Clayton:

1. Placing bicycle sharrow pavement markings in westbound and eastbound travel lanes.

2. Constructing raised crosswalk intersections at Mitchell Canyon Road and Mt.

Zion/Tiffin Drives including high visibility striping, improved pedestrian lighting, and bulb-outs/tighter curb radii.

3. Installing approximately 800+ linear feet of five-foot-wide concrete sidewalk along southside of Pine Hollow Road.

FISCAL IMPACT:

The total project cost (Clayton and Concord) is estimated at approximately $9.8 million for project development, design, and construction costs in the initial grant funding requests. The portion within Clayton is estimated at approximately $600,000. When grant funding is obtained, City Staff will bring a budget adjustment item to the Council for allocation of any required local match funding.

Attachments: 1. Proposed Pine Hollow Improvements Map

2. Presentation Slides
RECOMMENDED IMPROVEMENTS CONCEPT DESIGN SHEET OF 8 APRIL 2022 LEGEND PINE HOLLOW RD

ATCHINSON STAGE RD
7 KEY MAP NOT TO SCALE PINE HOLLOW RD

MATCHLINE
SEE SHEET 6

MATCHLINE
SEE SHEET 8

PANADERO WAY

CITY OF CONCORD

CITY OF CLAYTON

MITCHELL CANYON RD
RECOMMENDED IMPROVEMENTS CONCEPT DESIGN SHEET OF 8 APRIL 2022 LEGEND

MT ZION DR TIFFIN DR PINE HOLLOW RD

PINE HOLLOW CT MT DIABLO ELEMENTARY SCHOOL

MATCHLINE
SEE SHEET 7 8 KEY MAP NOT TO SCALE
Pine Hollow Road | Complete Streets Feasibility Study
Pine Hollow Road
Complete Streets Feasibility Study
City Council Meeting | September 20, 2022
Pine Hollow Road | Complete Streets Feasibility Study
Presentation Outline
• Project Overview
 Study purpose, area, and timeline
 Feedback from Community Outreach
• Improvement Concept
• Next Steps
• Q&A
Action Requested – Seeking approval for the Feasibility Study improvement recommendations
2 Pine Hollow Road | Complete Streets Feasibility Study Project Overview
Pine Hollow Road | Complete Streets Feasibility Study
Study Corridor and Context
• 2.2 mile corridor between
Alberta Way/Pine Hollow Road
in Concord and Mt. Diablo
Elementary in Clayton
• Funded by Caltrans Sustainable
Transportation Planning Grant
 Prime Consultant - Kimley-Horn
• A joint project between the
cities of Concord and Clayton
4 Pine Hollow Road | Complete Streets Feasibility Study Study Process
5 APRIL – AUGUST 2021
Background review and
data collection
SEPT. 2021 – JANUARY 2022
Develop and evaluate
improvement options
FEBRUARY – JUNE 2022
Prepare and refine concept
design
JULY – SEPTEMBER 2022
Prepare feasibility study and
present to Council
JUNE/JULY 2021
Advisory Group
Meeting, Walk Audit,
and Stakeholder
Interviews
JULY 2021
Community
Online Survey
NOVEMBER 2021
Community and PopUp Workshops,
Community Online
Survey
Study Timeline
APRIL 2022
Pop-Up
Demonstration
Workshop
MAY 2022
Community
Workshop
• Consulted with Advisory Group throughout project
o Advisory Group Members: Schools, Bike Concord, County Connection, Cities o Special coordination with Quarries and Bike East Bay
• Robust three rounds of community outreach
o Three online surveys, three in-person pop-up and two community workshops, demo Pine Hollow Road | Complete Streets Feasibility Study
6 Study Area
• 2.2 miles
• 5 schools, 4,200+ students
• Sidewalk gaps and substandard
paths
• No bike facilities
• Cut-through and truck traffic City of Clayton
Pine Hollow Road | Complete Streets Feasibility Study
Improvement Objectives
• Reduced auto speeds and improved traffic safety
• Continuous, safer, and more comfortable pedestrian facilities • Connected bicycle facilities throughout corridor
7 Missing sidewalk gaps Poorly Lit Crossings Lack of bicycle facilities Pine Hollow Road | Complete Streets Feasibility Study
Corridor Needs (Summer 2021 Survey)
237 TOTAL PARTICIPANTS | 210 map comments, 1,060 votes, and 138 survey responses Survey was available from July 1 – July 23, 2021 in Spanish and English 8 Ideas and
Suggestions
19%
Auto Traffic
Concerns
42%
Pedestrian
Concerns
30%
Bicycle
Concerns
9%
Heat Map of Identified Existing Hotspots Hotspot Type
Pine Hollow Road | Complete Streets Feasibility Study
Community Priorities (Summer 2021 Survey)
9 0% 10% 20% 30% 40% 50% 60% 70%
Improvements for people with disabilities
Improved aesthetics (e.g. street trees)
Improved or new bikeways
Wider or new sidewalks
Reduced traffic speeds
Improved pedestrian safety (e.g. crosswalks)
Improved traffic circulation/less congestion
1st Priority 2nd Priority 3rd Priority
Pine Hollow Road | Complete Streets Feasibility Study
Round 2 Outreach Activities (Fall 2021)
• Pop-up workshops at Highlands
Elementary School, Mt. Diablo Elementary
School, and Pine Hollow Middle School
• Virtual community workshop
• Online public feedback survey 10
Pine Hollow Road | Complete Streets Feasibility Study
Community Feedback on Improvements (Fall 2021)
77% of respondents would be encouraged
to ride a bike on the corridor if some type
of bikeway improvements were available.

Yes
78%
No
22%
78% of respondents would be encouraged
to walk more along Pine Hollow Road if
new or improved sidewalks were
constructed.
59% of respondents with children who
currently do not walk or bike to school would
be encouraged to let their child walk/ride on
the corridor if proposed improvements existed.

Bikeway
Option A;
31%
Bikeway
Option B;
33%
Neither
option;
23%
Both
Bikeway
Options;
13%

ENCOURAGES
BIKING

ENCOURAGES

WALKING
Yes, I would consider
having my child walk or
bike to school more often
59%
Walking or biking to
school would still not be
an option for my child.
41%

WALKING
& BIKING

TO SCHOOL
11 Pine Hollow Road | Complete Streets Feasibility Study 12 One Day Pop-Up Demonstration (Spring 2022)
• Held on Wednesday, April 27th in coordination
with Street Smarts Diablo and Pine Hollow Middle
School’s Walk & Roll to School Day
o Event supported by schools, PTA, Bike Concord/Bike
East Bay
• Temporary, one-day installations to demonstrate
improvements
o Protected, two-way bike lanes on the south side of Pine Hollow Road
o Crosswalk at the Pennsylvania Blvd intersection
• Feedback: Very positive reception from students
o Challenges with auto traffic at school pick-up
Pine Hollow Road | Complete Streets Feasibility Study
Streetscape Concept Design
Pine Hollow Road | Complete Streets Feasibility Study
Pedestrian Infrastructure Improvements (Crossings)
Source: Texas A&M Transportation Institute
14 • New Crosswalks
• High-Visibility Crosswalk Markings
• Raised Crosswalks
• New Beacons/Signage
• Median Refuges
• Pedestrian Lighting
• ADA Upgrades
Legend:

New Crossing
Improved Crossing
Pine Hollow Road | Complete Streets Feasibility Study
Legend:

New Sidewalks
• Close existing sidewalk gaps
• Provide sidewalk buffers from
roadway where feasible
• ADA Upgrades
Pedestrian Infrastructure Improvements (Sidewalks)
Source: Caltrans
15 Pine Hollow Road | Complete Streets Feasibility Study Bike Infrastructure Improvements
Legend:
2-way Cycle Track (Class IV)
1-way Cycle Track (Class IV)
Bike Route with Sharrows (Class III)
Potential for offstreet, multiuse path
16 • School and trailhead connections
• Two-way and one-way cycle track
• Bike crossings at intersections
Pine Hollow Road | Complete Streets Feasibility Study
Buses, Trucks, and Traffic Calming
Source: NACTO
• Bulb outs and raised medians
• Lane conversion
• Speed feedback signs
• Consider speed limit reduction
• Truck-specific signage
Legend:

Lane Conversion Area
Medians, Bulbouts, Speed
Feedback Signs
17 Pine Hollow Road | Complete Streets Feasibility Study Action, Next Steps and Q&A
Pine Hollow Road | Complete Streets Feasibility Study
Action Requested
• Requesting the Council to Approve
recommended concepts from Complete
Streets Feasibility Study on Pine Hollow
Road/Alberta Way (from City Boundary to
Mount Diablo Elementary School)
19 Pine Hollow Road | Complete Streets Feasibility Study Next Steps
• Pursue grant funding
 Cycle 6 ATP Application Submitted - $10 Million
Request
• Advance design
20 Pine Hollow Road | Complete Streets Feasibility Study Thank You!
Questions?
Agenda Item: 9(c)

AGENDA REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: Larry Theis, City Engineer
DATE: September 20, 2022
SUBJECT: Discussion and Feedback to Clayton’s TRANSPAC Representative Regarding CCTA/TRANSPAC Designation of Marsh Creek Road/Clayton Road as a Route of Regional Significance
___________________________________________________________________________

RECOMMENDATIONS
Staff recommends the City Council discuss the mapping and designation of multi-modal Routes of Regional Significance (RRS) in Contra Costa County and provide feedback to the City’s representatives to TRANSPAC (CCTA’s Central County Regional Transportation Planning Committee), currently Mayor Cloven with Councilmember Wolfe as the Alternate.

BACKGROUND
For the past six plus months, the Contra Costa Transportation Authority (CCTA), Contra Costa county’s congestion management and regional transportation agency has been evaluating an update to the existing Routes of Regional Significance (RRS) designations in order to create new maps which incorporate multi-modal RRS including rail, bus transit, bike networks, and vehicular routes such as freeways and major roadway corridors.

The RRS is an integral part of the County’s overall Action Plan that is intended to address key transportation issues in Contra Costa County over the next 25 years. Clayton is considered part of the Central County Regional Transportation Planning Committee (RTPC) which is named TRANSPAC. Mayor Cloven is your appointed Councilmember representative to CCTA and TRANSPAC.

The firm Placeworks was hired by CCTA to lead TRANSPAC in a discussion to evaluate aspects of the existing Central County Action Plan and to update the RRS for multi-modal travel in addition to identifying new corridors for the RRS map. Torina Wilson, from Placeworks has been invited by Clayton staff to present an overview of the Action Plan, the proposed RRS, provide a summary of the outreach, and inform the Clayton Council about the process that has occurred to date. Due to the short notice, presentation slides were not available at the time the Agenda was published and will be provided to the City Council and the public as soon as they are available.

For further detailed information, attached to this staff report are a June 27, 2022 memo (Attachment 1) distributed to the TRANSPAC Technical Advisory Committee (city staff level) and an August 4, 2022 TRANSPAC (appointed elected officials) staff report for informational purposes only.

DISCUSSION
The item of most significance in the update to the CCTA Action Plan is the proposed addition of the Marsh Creek Road Corridor as a Route of Regional Significance. There has been interest expressed by Contra Costa County and support by the East County RTPC (TRANSPLAN) to identify Marsh Creek Road as an RRS. Generally, most of Marsh Creek Road lies in unincorporated County, and therefore Contra Costa County is responsible for its maintenance and safety improvements. By identifying Marsh Creek Road as an RRS, Contra Costa County will have more opportunities to seek and obtain grant funding on the regional/county, state, and federal levels.

TRANSPAC, including Clayton, has raised concerns with this new RRS identification for Marsh Creek Road and have been discussing their comments with CCTA planning staff. A revised draft RRS map was prepared which included Marsh Creek Road as an RRS, however with a specific note that states “The Marsh Creek Road corridor south of the Clayton city limits is only being considered for roadway safety and bike/ped improvements, not capacity improvements, throughout the Action Plan.” This is the latest draft under consideration by TRANSPAC and eventually the entirety of CCTA.

The current schedule is the draft Central County Action Plan (including the RRS designations) will be recommended for approval at the TRANSPAC meeting on October 27, 2022 which would be followed by consideration for approval by the CCTA Board at its November 17, 2022 meeting.

Clayton will also have more opportunities to pursue grant opportunities with the inclusion of the Clayton Road and Marsh Creek Road corridors. The Bus/Transit corridor was also extended past Ygnacio Valley Road to denote existing bus connection to Clayton’s downtown.

These multi-modal designations are intended to provide better regional connectivity to Clayton. The other benefits of adding these corridors as an RRS would be an elevated traffic study review process by TRANSPAC on future large developments that will impact the regional traffic on these RRS.

The side effects or trade-offs that the Council should be aware of and consider is the increased regional pressure to provide improved connectivity, reduced travel times along the corridor, likely increased traffic volumes as the corridor(s) is improved, and the additional regional traffic study review for large developments within Clayton.

FISCAL IMPACT:

No direct fiscal impact for this item.

Attachments:

1. June 27, 2022 TRANSPAC TAC Draft Placeworks Route of Regional Significance Multi-Modal Map

2. August 4, 2022 TRANSPAC Board Staff Report – Central County Action Plan Update

MEMORANDUM
DATE June 27, 2022
TO RTPC TAC members
FROM John Hoang and Matt Kelly, CCTA
David Early and Torina Wilson, PlaceWorks
SUBJECT Mapping of Routes of Regional Significance
An ongoing component of the Action Plan updatesisrevising the existing Routes of Regional Significance (RRS) to create new maps that show multi-modal RRS in Contra Costa County and the Alameda County portion of the Tri-Valley area.

RRS’s are transportation facilities that meet certain qualifying criteria and were nominated by local staff.

The maps will help CCTA itself, local jurisdictions, and the general public know which roadway, transit, and active transportation facilities are important to the region, and will serve as the basis for monitoring and maintenance by CCTA and the Regional Transportation Planning Committees (RTPCs).

After extensive discussions with RTPC Technical Advisory Committees (TACs) and various community stakeholders, CCTA and the PlaceWorks team have created a series of maps that will show Routes of Regional Significance both as a multimodal network of travel corridors, and for individual modes. These maps are described below.

Overall Corridor Maps
PlaceWorks has created multimodal RRS “Corridor Maps” that show five different transportation modes (bus, rail, bike, freeway, and surface roadway) on a single map. The maps are intended to illustrate the multimodal nature of the transportation network, and to also show that multiple facilities exist in any given generalized transportation corridor.

There are six Corridor Maps included in this memorandum: one countywide and one for each RTPC subregion. These maps show the location, generalized routing, and modes of each corridor. They are not intended to be exact, but rather to show travel corridors of the multimodal transportation network, as dictated by our hilly geography and Bay coastline. There are several critical notes to these Corridor Maps:
 The Corridor Maps show desired future conditions, meaning some facilities and routes shown are planned but not yet constructed.
 The corridors shown on the maps are highly generalized to show multimodal conditions where they exist or may someday exist, and therefore include multiple facilities and routes within one corridor.

June 27, 2022 | Page 2
The draft Corridor Maps are attached to this memo. CCTA welcomes comment on them at future meetings, via email, or when the Action Plans themselves are published for review and adoption.

Mode Specific Maps
In addition to the Corridor Maps, each Action Plan will also include three mode-specific maps that will be tied to specific Regional Transportation Objectives (RTOs). Readers will be able to refer to these maps for a detailed depiction of existing and desired facilities:
 Vehicular Routes. One or more maps in each Action Plan will show locations of key freeway and roadway segments and intersections that are to be monitored and maintained as part of the Action Plan process.
 Low Stress Bike Network. The Action Plans will contain one or more RTOs to move towards completion of CCTA’s already-designated Low Stress Bike Network (LSBN) described in the 2018 Countywide Bicycle and Pedestrian Plan. Therefore, the Action Plans will include a map showing completed and yet-to-be-completed facilities on the LSBN.  Key Existing Transit Facilities. Each Action Plan will include a map showing key transit routes that has been developed in conjunction with the TACs and local transit providers.

SR-160 Corridor
S
R
-
4 C
o
r
r
idor
Pleasant Hill Road/
Taylor Boulevard Corridor
Ygnacio Valley Road/ Railroad Avenue Corridor
Ma
rsh
Cree
k
Ro
a
d
C
o
r
r
i
d
o
r
I-680 Corridor
Moraga Way Corridor
Moraga Road Corr di or
I-680 Corridor
S
R
-
4 C
o
r
r
i
d
o
r
Clayton
Road Corridor
I-680 Corridor
I
-580
Corridor
Ta
s
s
a
j
a
ra
Ro
a
d
Co
rridor
Dougherty Road Corridor
Vasco Road Corridor
Bollinger Canyon
Road Corridor
Crow Canyon
Road/
SR-242 Corridor
SR-84/ Isabel Avenue Corridor
St. Marys Road/
Taylor
Boulevard
Corridor
Alhambra
Avenue
Corridor
Taylor
Boulevard
Corridor
r
r
i
d
o
r
Alhambra
Avenue
Corridor
Sunol Boulevard/Stanley
Bouleva
rd
C
o
r
r
i
d
o
rE
a
s
t
St
a
n
l
e
y
B
o
u
l
eva
rd/First
Street Corridor
Richmond Parkway Corridor
I
-
580
Co
rridor
Alhambra Valley
Corridor
San
Pablo Dam Road Corridor
SR-24
Corrido
r
Camino Pablo Corridor
I-680 Corridor
West
County
East County Tri-Valley
Tri-Valley
Central
County
Lamorinda
Walnut Creek
Concord
Pi�sburg
An�och
Brentwood
Oakley
Moraga
Danville
San Ramon
Dublin
Pleasanton
Livermore
Orinda Lafaye�e
Richmond
San
Pablo
Pinole
Hercules
Mar�nez
Pleasant
Hill
El Cerrito
Clayton
El Sobrante
Rodeo
Bay Point
Pacheco
Alamo
Bethel Island
Byron
Discovery Bay
Knightsen
Kensington
North
Richmond
East
Richmond
Heights San Pablo Avenue/ I-80 Corridor San Pablo Avenue/ I-80 Corridor I-580 Corridor
SR-4 Corridor
Byron Highway Corridor
A
m
t
r
a
k
S
a
n
J
o
a
q
u
i
n
S
e
r
v
i
c
e
Yg
n
a
c
i
o
Va
l
l
ey
Road
Corridor Countywide Routes of Regional Significance
Multimodal Corridor Map
Existing BART Station
Transit Hub
Potential Ferry Terminal
Urbanized Areas
Regional Transportation Planning
Committee Boundaries
County Boundary
0 Scale (Miles)
6 Future Transit Hub Rail
Bus
Freeway
Surface Streets
Bike/Pedestrian
Existing Ferry Terminal
Future Heavy Rail Station
Existing Heavy Rail Station
Existing BART/Heavy Rail Transfer Station
* These maps show desired future conditions, meaning some facilities and routes shown are not yet complete and may not have an adopted plan to complete them as of publication of this Action Plan. ** The corridors shown in this map are generalized to show multimodal conditions where they exist, and therefore include multiple facilities and routes within one corridor. To see mode-specific Routes of Regional Significance designated in this Action Plan, refer to Figures X, X, and X. **** The Marsh Creek Road corridor south of the Clayton city limits is only being considered for roadway safety and bike/ped improvements, not capacity improvements, throughout the Action Plan.

SR-4 Corridor
Richmond Parkway Corridor
Alhambra Valley Corridor
San Pablo Dam Road Corridor
I-580 Corridor
West County
Central
County
Lamorinda
Moraga
Orinda
Lafaye�e
Pinole
Hercules
Mar�nez
El Cerrito
Richmond
San
Pablo
El Sobrante
Rodeo
Kensington
North
Richmond
East
Richmond
Heights
San Pablo Avenue/ I-80 Corridor
San Pablo Avenue/ I-80 CorridorSan Pablo Avenue/ I-80 Corridor West Contra Costa County Routes of Regional Significance Multimodal Corridor Map Existing BART Station
Transit Hub
Existing Ferry Terminal
Potential Ferry Terminal
Rail
Bus
Freeway
Surface Streets
Bike/Pedestrian
Urbanized Areas
Regional Transportation Planning Committee Boundaries
County Boundary
0 Scale (Miles)
3 Existing Heavy Rail Station
Existing BART/Heavy Rail Transfer Station
* These maps show desired future conditions, meaning some facilities and routes shown are not yet complete and may not have an adopted plan to complete them as of publication of this Action Plan.
** The corridors shown in this map are generalized to show multimodal conditions where they exist, and therefore include multiple facilities and routes within one corridor. To see modespecific Routes of Regional Significance designated in this Action Plan, refer to Figures X, X, and X.
*** This corridor map shows the facilities in this subregion only.

See other maps for facilities in other subregions.

Future Heavy Rail Station
P
el asant Hill R
o
a
d
C
orrid
or
Moraga Way Corridor
M
oraga R
oad
C
orr di or St. Marys R
oad/
SR-24 Corridor
Camino Pablo Corridor
West
County
Tri-Valley
Central
County
Lamorinda
Walnut Creek
Concord
Moraga
Danville
San Ra
Orinda Lafaye�e
Richmond
San Pablo
Pleasant
Hill
El Cerrito
El Sobrante
Alamo
Kensington
East
Richmond
Heights Clayton
Lamorinda Area Routes of Regional Significance Multimodal Corridor Map 0 Scale (Miles)
3 Existing BART Station
Urbanized Areas
Regional Transportation Planning Committee Boundaries
County Boundary
Rail
Bus
Freeway
Surface Streets
Bike/Pedestrian
* These maps show desired future conditions, meaning some facilities and routes shown are not yet complete and may not have an adopted plan to complete them as of publication of this Action Plan.
** The corridors shown in this map are generalized to show multimodal conditions where they exist, and therefore include multiple facilities and routes within one corridor. To see modespecific Routes of Regional Significance designated in this Action Plan, refer to Figures X, X, and X.
*** This corridor map shows the facilities in this subregion only.

See other maps for facilities in other subregions.

SR-4 Corridor
Marsh Creek Road Corridor
Pleasant Hill R
oad/
Taylor B
oulevard
C
orrid
or
Ygnacio Valley Road Corridor
Ygnacio Valley
Road/
Railroad Avenue
Corridor
I-680 Corridor
I-680 Corridor
SR-4 Corridor
Clayton Road Corridor
SR-242
Corridor
Taylor
Boulevard
Corridor
Alhambra
Avenue
Corridor
Taylor
Boulevard
Corridor
Alhambra
Avenue
Corridor
Alhambra Valley Corridor
I-680
Corridor
West County
East
County
Tri-Valley
Central
County
Lamorinda
Walnut Creek
Concord
Clayton
Pi�sburg
Moraga
Danville
Orinda
Lafaye�e
Hercules
Mar�nez
Pleasant
Hill
Bay Point
Pacheco
Alamo
Rodeo
Kensington
SR-24
Corridor
Central Contra Costa County Routes of Regional Significance Multimodal Corridor Map Existing BART Station
Transit Hub
Potential Ferry Terminal Urbanized Areas
Regional Transportation Planning Committee Boundaries
County Boundary
Rail
Bus
Freeway
Surface Streets
Bike/Pedestrian
0 Scale (Miles)
3 Existing Heavy Rail Station
* These maps show desired future conditions, meaning some facilities and routes shown are not yet complete and may not have an adopted plan to complete them as of publication of this Action Plan.
** The corridors shown in this map are generalized to show multimodal conditions where they exist, and therefore include multiple facilities and routes within one corridor. To see mode-specific Routes of Regional Significance designated in this Action Plan, refer to Figures X, X, and X. *** This corridor map shows the facilities in this subregion only. See other maps for facilities in other subregions.
**** The Marsh Creek Road corridor south of the Clayton city limits is only being considered for roadway safety and bike/ped improvements, not capacity improvements, throughout the Action Plan.

Ygnacio
Valley
Road/
Railroad Avenue
Corridor
SR-160 Corridor
Marsh Creek Road Corridor
SR-4 Corridor
Vasco
Road
Corridor
East
County
Tri-Valley
Tri-Valley
Central
County
Walnut Creek
Concord
Pi�sburg
An�och
Brentwood
Oakley
Danville
San Ramon
Dublin
Mar�nez
Pleasant
Hill
Clayton
Bay Point
Pacheco
Alamo
Bethel Island
Byron
Discovery Bay
Knightsen
Amtrak San Joaquin Service
SR-4 Corridor
Byron Highway Corridor
East Contra Costa County Routes of Regional Significance Multimodal Corridor Map Urbanized Areas
Regional Transportation Planning Committee Boundaries
County Boundary
Rail
Bus
Freeway
Surface Streets
Bike/Pedestrian
0 6
Scale (Miles)
Existing BART Station Existing Heavy Rail Station
Future Heavy Rail Station Potential Ferry Terminal Future Transit Hub * These maps show desired future conditions, meaning some facilities and routes shown are not yet complete and may not have an adopted plan to complete them as of publication of this Action Plan. ** The corridors shown in this map are generalized to show multimodal conditions where they exist, and therefore include multiple facilities and routes within one corridor. To see mode-specific Routes of Regional Significance designated in this Action Plan, refer to Figures X, X, and X. *** This corridor map shows the facilities in this subregion only. See other maps for facilities in other subregions. **** The Marsh Creek Road corridor is only being considered for roadway safety and bike/ped improvements, not capacity improvements, throughout the Action Plan.

I-680 Corridor
I-680 Corridor
I-580 Corridor
Tassajara Road Corridor
Dougherty Road Corridor
Vasco Road Corridor
I-580 Corridor
SR-84/ Isabel Avenue Corridor
Bollinger Canyon Road Corridor
Crow Canyon Road/
rridor
East Stanley Boulevard/First Street Corridor
Sunol Boulevard/Stanley Boulevard Corridor
East
County
Tri-Valley
Tri-Valley
Central
County
Lamorinda
Moraga
Danville
San
Ramon
Dublin
Pleasanton
Livermore
Alamo
Byron
Discovery Bay
Tri-Valley Area Routes of Regional Significance Multimodal Corridor Map Urbanized Areas
Regional Transportation Planning Committee Boundaries
County Boundary
0 Scale (Miles)
6 Existing BART Station Transit Hub
Existing Heavy Rail Station
Rail
Bus
Freeway
Surface Streets
Bike/Pedestrian Future Heavy Rail Station
* These maps show desired future conditions, meaning some facilities and routes shown are not yet complete and may not have an adopted plan to complete them as of publication of this Action Plan.
** The corridors shown in this map are generalized to show multimodal conditions where they exist, and therefore include multiple facilities and routes within one corridor. To see modespecific Routes of Regional Significance designated in this Action Plan, refer to Figures X, X, and X.
*** This corridor map shows the facilities in this subregion only.

See other maps for facilities in other subregions.

TRANSPAC Board Meeting STAFF REPORT
Meeting Date: August 4, 2022
Subject: CENTRAL COUNTY ACTION PLAN UPDATE -

ACTION PLAN DRAFT COMPONENTS
Summary of Issues
Recommendation
Attachment(s)
The Central County Action Plan is intended to address the key transportation issues that Central County will face over the next long-range period (i.e. about twenty five years). Action plans for each subregion of the county were developed through the cooperative, multi-jurisdictional planning process included with Measure J. The Contra Costa Transportation Authority (CCTA) has secured the services of a team of consultants lead by Placeworks to assist TRANSPAC to update the Plan. At this meeting, the project team will present information on the Central County Action Plan working draft components memorandum.

None – this item is for information only
A. Central County Action Plan Working Draft Components
Memorandum
B. 2017 Central County Action Plan [LINK]
Background
The CCTA has initiated the RTPC Action Plan Updates in FY 2021/2022. The Central County Action Plan is intended to address the key transportation issues that Central County will face over the next long-range period (i.e. about twenty five years). The CCTA procured Placeworks consultant team to lead TRANSPAC in a discussion to evaluate aspects of the existing Central County Action Plan.

At the February 24, 2022 TRANSPAC TAC meeting, Placeworks staff solicited feedback on proposed changes to existing Multi-modal Transportation Objectives (MTSOs) for inclusion in updated Action Plans as Regional Transportation Objectives (RTOs). A working draft of Action Plan goals and Routes of Regional Significance (including regional transit routes and bicycle and pedestrian facilities) was also provided for committee input.

At the March 31, 2022 TAC meeting, Placeworks staff provided an update on revisions to the Routes of Regional Significance and maps based on prior committee feedback and collected feedback from the TAC on the revised maps.

At the April 28, 2022 TAC meeting, CCTA and Placeworks staff clarified the Route of Regional Significance designation and subsequent impacts. This is related to interest of the TRANSPLAN RTPC to identify Marsh Creek Road as Route of Regional Significance.

At the July 14, 2022 meeting, CCTA and Placeworks staff provided a presentation and facilitated discussion on the proposed Regional Transportation Objectives (RTOs) and proposed actions for the Central County Action Plan update.

The CCTA and Placeworks team will present an overview of the Action Plan discussions to date and an overview of the items that are proposed for the updated Action Plan, including a plan outline, goals, routes of regional significance networks, regional transportation objectives (RTOs), actions, and outreach efforts.

July 20, 2022 | Page 1

MEMORANDUM
DATE July 20, 2022
TO TRANSPAC Policy Board Members
FROM John Hoang and Matt Kelly, CCTA
David Early and Torina Wilson, PlaceWorks
Erin Vaca, DKS Associates
Julie Morgan and Terence Zhao, Fehr and Peers
SUBJECT Central County Action Plan Working Draft Components Memorandum The Transportation Planning and Cooperation Advisory Committee (TRANSPAC) Technical Advisory Committee (TAC) began updating the Central County Action Plan in the fall of 2021 with assistance from the Contra Costa Transportation Authority (CCTA) and technical consultants PlaceWorks, DKS, and Fehr and Peers. This update process precedes the update of the CCTA Countywide Transportation Plan (CTP) which will begin later this year. CCTA and the Regional Transportation Planning Committees (RTPCs) are beginning the CTP process with the Action Plan updates which will “roll-up” into the CTP. This bottomsup approach will ensure that the needs and interests of the local jurisdictions, elected representatives, and the public are addressed in detail.

This memorandum lists the various components that will make up the Central County Action Plan and includes working draft content for several of the components. The working draft content has been drafted over the past year with assistance from the TRANSPAC TAC and with general comment from the TRANSPAC Policy Board. The project team has met with these groups several times over the past year to discuss and review the content.

The working draft components of this memorandum include:
 Proposed Action Plan definitions
 Proposed Action Plan outline
 Proposed Action Plan goals
 Proposed Corridor and Routes of Regional Significance (RRS) maps  Proposed Action Plan Regional Transportation Objectives (RTOs) and RTOs considered but not recommended
 Proposed Action Plan actions
 Public outreach summary
The project team requests that the TRANSPAC Policy Board review the materials within this memorandum which we will discuss at the August 4th Policy Board meeting. Comments at the meeting are welcome and comments via email are encouraged. The project team will ask for comments again when the Draft Central County Action Plan is ready for review in the fall.

July 20, 2022 | Page 2
Proposed Action Plan Definitions
 Goal: A goal is a statement that describes in general terms a condition or quality of service desired that is in line with the policies. For example, a common goal from past Action Plans was to “provide and encourage the use of alternatives to the single-occupant auto.” This goal would be in line with a policy that calls for “an efficient transportation system.”  Policy: The policies of an Action Plan help guide its overall direction. Decisions regarding investments, program development, and development approvals are based on these policies.  Action: Actions are the specific programs or projects that are recommended for implementation to meet the RTOs set forth in the Action Plan. The responsibility of carrying out the actions may fall to an individual local jurisdiction, to the Regional Committee as a whole, to CCTA, or to another agency such as Caltrans. All actions are either Projects or Programs (defined below) and shall be organized as such in each Action Plan.
 Project: Projects are Actions that involve the development, structural modification, or redevelopment of infrastructure, commercial uses, industrial uses, residential uses, or other properties. Projects may include clearing or land grading, improvements to existing structures, construction activities, and other activities requiring public agency issuance of a construction permit.
 Program: Programs are Actions that do not involve construction and instead involve education, research, funding or other non-construction activities and are carried out in response to adopted policy to achieve a specific goal or objective.
 Route of Regional Significance: Routes of Regional Significance are roadways, transit routes or facilities, and bike or pedestrian routes or facilities that connect two or more subareas of Contra Costa, cross County boundaries, carry significant through traffic, and/or provide access to a regional center, a regional highway or a transit facility. These routes provide vital connections that support economic and recreational activities throughout the County. These are also routes for which the subregion wants to share regional responsibility with neighboring jurisdictions.  Regional Transportation Objective (RTO): RTOs are specific, quantifiable objectives that describe a desired level of performance for a component of the transportation system. They were previously referred to as Multimodal Transportation Service Objectives (MTSOs) but have been renamed because they cover more topics than individual modes, and because not all of them refer to service levels. An RTO consists of a Metric and a Standard.  Metric: The unit of measurement by which an RTO is measured, such as “Level of Service,” “Delay” or “Vehicle Miles Traveled per Capita.”
 Standard: The level or increment of a metric that is required by an RTO. For example, the Standard for Level of Service might be “D,” and the Standard for VMT per Capita might be “20 trips per person per day.”

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Proposed Action Plan Outline
The outline below reflects all components of the Central County Action Plan and how they are broken down. This outline includes new topics included in each subregional Action Plan, including dedicated chapters for active and public transportation and for non-modal topics safety, equity, climate change, and technology.

1. Introduction
a. The Measure J Transportation and Growth Management Program b. Action Plan Purpose and how the Action Plans will influence the CTP c. Routes of Regional Significance: Definition and Usage in this Action Plan d. Action Plan Chapters
e. Definition of Terms

2. Current Conditions, Trends, and Travel Patterns
a. Population and Employment Conditions and Forecasts
b. Commute Patterns and Traffic Forecasts
i. Roadways

1. Traffic Volumes and Conditions

2. VMT

3. Traffic Speed and Delay

4. Recently Completed and On-Going Actions
ii. Transit

1. Existing Facilities

2. Service Levels

3. Recently Completed and On-Going Actions
iii. Bike and Pedestrian Facilities

1. Existing Facilities

2. Recently Completed and On-Going Actions
c. Safety Trends and Forecasts
d. Climate Change and GHG Trends and Forecasts
e. Equity Concerns
f. Conclusions from Existing Transportation Conditions

3. Action Plan Vision and Goals
a. Overall Vision
i. Holistic approach
ii. Shared mobility
iii. Technology and innovation
b. Roadway Goals
c. Transit Goals
d. Bike and Pedestrian Goals
e. Safety Goals
f. Climate Change Goals
g. Equity Goals

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h. Technology Goals

4. Roadways
a. Policies
i. Gateway Constraints Policies (in some subareas)
b. RTOs
c. Actions Needed to Achieve RTOs (projects or programs) d. Preliminary Analysis Results of Actions

5. Transit
a. Policies
b. RTOs
c. Actions Needed to Achieve RTOs (projects or programs) d. Preliminary Analysis Results of Actions

6. Bike and Pedestrian
a. Policies
b. RTOs
c. Actions Needed to Achieve RTOs
d. Preliminary Analysis Results of Actions

7. Safety
a. Policies
b. RTOs
c. Actions Needed to Achieve RTOs (projects or programs) d. Preliminary Analysis Results of Actions

8. Climate Change
a. Policies
b. RTOs
c. Actions Needed to Achieve RTOs (projects or programs) d. Preliminary Analysis Results of Actions

9. Equity
a. Policies
b. RTOs
c. Actions Needed to Achieve RTOs (projects or programs) d. Preliminary Analysis Results of Actions

10. Technology
a. Policies
b. RTOs
c. Actions Needed to Achieve RTOs (projects or programs) d. Preliminary Analysis Results of Actions

11. Financial Outlook/Financial Plan [note: final outline of this section TBD.] a. Overview
b. Sub-Regional Transportation Impact Fee (This may not be a section that applies to all subareas, and may look different in each subregion depending on existing funding structure)

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c. Shared Facilities
d. Subregional Transportation Mitigation Program (STMP) (This may not be a section that applies to all subareas)
e. Local Traffic Fees in Subarea Jurisdictions

12. Procedures for Notification, Review, and Monitoring /Plan Implementation, Monitoring, and Review
a. Role of Sub-Area Transportation Committees (TVTC, LPMC, TRANSPLAN,

TRANSPAC, TRANSPAC)
b. Circulation of Environmental Documents
c. Review of General Plan Amendments
d. Schedule for Action Plan Review (to include information on how to amend an Action Plan)
e. Implications for Compliance with the Measure J Growth Management Program (GMP)
f. Regional Traffic Management and Conflict Resolution
Appendix A: RTO Values for Observed and Forecasted Conditions Appendix B: Summary of Actions (by Route or similar)
Appendix C: RTO Calculation and Values
Proposed Action Plan Goals
The working draft goals listed below include revisions to existing Central County goals and proposed new goals to address new Action Plan topics. These revisions reflect comments from TRANSPAC TAC members during meetings with CCTA and PlaceWorks staff on December 16, 2021 and January 13, 2022, along with various email comments received from TAC members. Edits to existing goals are shown in strikethrough and double underline. New goals are in double underline.  Maintain the existing transportation system and infrastructure to meet the needs of the Central County community.
 Support the enhancement and expansion of an efficient transit system.  Encourage land use decisions that satisfy increased travel demand while reducing single-occupant vehicle travel and VMTaddress the increase in overall traffic demand.  Support the use, enhancement, and expansion of VMT- and GHG-reducing transportation low emission technologies.
 Manage arterialand improve traffic flow and efficiency on freeways and arterial roads through a holistic planning approach that includes shared mobility and prioritizes non-SOV transportation.  Support active transportation modes through the creation and Support the implementation of Complete Streets, including the improvement of bicycle and pedestrian facilities.  Provide a safe and low stress transportation system for all users and modes.  Minimize transportation impacts on the climate.
 Ensure the transportation system is resilient in the face of climate change.

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 Support equitable mobility for all incomes, racial and ethnic groups, ages, and abilities across all modes of transportation.
 Increase participation in the 511 Contra Costa TDM Program.  Work to improve freeway flow.
 Support Use of HOV and Express Lanes.

Proposed Corridor and Routes of Reginal Significance (RRS) Maps
An ongoing component of the Action Plan updates is revising the existing Routes of Regional Significance (RRS) to create new maps that show multi-modal RRS in Contra Costa County and the Alameda County portion of the Tri-Valley area.

RRS’s are transportation facilities that meet certain qualifying criteria (described in detail in the “Proposed Action Plan Definitions” section above) and were nominated by local staff. The maps will help CCTA, local jurisdictions, and the general public know which roadway, transit, and active transportation facilities are important to the region, and will serve as the basis for monitoring and maintenance by CCTA and the RTPCs.

After extensive discussions with RTPC TACs and various community stakeholders, the project team created a series of maps that show RRS’s both as a multimodal network of travel corridors, and for individual modes. These maps are described below.

CORRIDOR MAPS
PlaceWorks has created multimodal RRS “Corridor Maps” that show five different transportation modes (bus, rail, bike, freeway, and surface roadways) on a single map. The maps are intended to illustrate the multimodal nature of the transportation network, and to also show that multiple facilities exist in any given generalized transportation corridor.

There are a total of six Corridor Maps: one countywide and one for each RTPC subregion. The countywide and Central County Corridor Maps are enclosed as Figure 1 and Figure 2 within this memorandum for review.

These maps show the location, generalized routing, and modes of each corridor. They are not intended to be exact, but rather to show travel corridors of the multimodal transportation network, as dictated by the subregion’s geography and Bay coastline. There are several critical notes to these Corridor Maps:
 The Corridor Maps show desired future conditions, meaning some facilities and routes shown are planned but not yet constructed.
 The corridors shown on the maps are highly generalized to show multimodal conditions where they exist or may someday exist, and therefore include multiple facilities and routes within one corridor.

July 20, 2022 | Page 7

MODE SPECIFIC RRS MAPS
In addition to the Corridor Maps, each Action Plan will include three mode-specific maps that will illustrate mode specific RRS and may be tied to specific Regional Transportation Objectives (RTOs).1 Readers of each Action Plan will be able to refer to these maps for a detailed depiction of existing and desired facilities. The draft Central County mode specific RRS maps are shown in Figure 3, Figure 4, and Figure 5. Descriptions of these maps are included below.  Key Existing Transit Facilities. Each Action Plan will include a map showing key transit routes that has been developed in conjunction with the TACs and local transit providers.  Low Stress Bike Network. The Action Plans will contain one or more RTOs to move towards completion of CCTA’s already-designated Low Stress Bike Network (LSBN) described in the 2018 Countywide Bicycle and Pedestrian Plan. Therefore, the Action Plans will include a map showing completed and yet-to-be-completed facilities on the LSBN.  Vehicular Routes. One or more maps in each Action Plan will show locations of key freeway and roadway segments and intersections that are to be monitored and maintained as part of the Action Plan process.
1 Some RTOs will include special maps beyond the mode specific RRS maps, which are shown in Attachment 2 of this memorandum.

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FIGURE 1. COUNTYWIDE CORRIDOR MAP

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FIGURE 2. CENTRAL COUNTY CORRIDOR MAP

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FIGURE 3. CENTRAL COUNTY TRANSIT FACILITIES AND RRS MAP

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FIGURE 4. CENTRAL COUNTY LOW STRESS BIKE NETWORK RRS MAP

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FIGURE 5. CENTRAL COUNTY ROADWAY RRS MAP

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Proposed Regional Transportation Objectives (RTOs) and RTOs Considered but not Recommended
As described in the “Proposed Action Plan Definitions” section of this memorandum, RTOs are specific, quantifiable objectives that describe a desired level of performance for a component of the transportation system. They were previously referred to as Multimodal Transportation Service Objectives (MTSOs) but have been renamed because the Action Plan RTOs will cover more topics than individual modes, and because not all of them refer to service levels. An RTO consists of a Metric and a Standard which are further defined in the “Proposed Action Plan Definitions” section above.

Historically, each RTPC has had latitude to select a set of MTSOs of its own choosing, and the various Action Plans have had differing MTSOs. In this round of Action Plan preparation, each RTPC continues to have the authority to craft its own RTOs. However, PlaceWorks is working with CCTA and the RTPCs to ensure that the new RTOs are as consistent as possible across the Action Plans to ensure they are largely internally consistent and to ultimately be combined and consolidated into the future CTP. The project team met with the TRANSPAC TAC on February 24, 2022, to discuss a long list of potential RTOs that the project team could consider for modeling and analysis. After this meeting, the project team took TAC feedback and narrowed down the list of RTOs to 29 that we felt were able to be modeled and could result in quantifiable and attainable RTOs. Throughout the process of modeling, 8 of these RTOs did not yield significant enough results, or resulted in modeling issues, and are not recommended for the Action Plans.

The project team moved forward in modeling and analyzing the 21 RTOs that could be adequately modeled and presented those RTOs to the TRANSPAC TAC on July 14, 2022. These 21 preliminary RTOs, and their relevant chapter topics are listed below along with the 8 RTOs that were considered but not recommended to move forward in any Action Plan. Table 1 lists each RTO along with its metric, definition, existing target, and proposed targets. Detailed memos describing each RTO are included as attachments to this memorandum. Attachment 1 provides an RTO Methodology Memorandum, and Attachment 2 includes an RTO Analysis Memorandum. Attachments 1 and 2 were presented to the TRANSPAC TAC on July 14, 2022, and detail the methodology, analysis results, and proposed targets for each RTO listed below.

PROPOSED RTOS
 Freeway RTOs
• Peak-hour delay index on select freeway segments.
• Buffer index on select freeway segments.
 Surface Roadway RTOs
• Peak-hour Level of Service (LOS) at selected intersections in urban areas. • Peak-hour segment LOS on selected two-lane roadways outside of urban areas.  Transit RTOs
• Mode share of transit trips.
• Ratio of travel time for transit as compared to automobile travel time for select trips.  Bicycle and Pedestrian RTOs
• Mode share of bicycling and walking.

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• Proportion of the countywide low-stress bike network (LSBN) that has been completed. • Number of locations where the LSBN makes an unprotected crossing over a heavily traveled vehicle route.
 Safety RTOs
• Number of Killed or Seriously Injured (KSI) collisions. • Number of bike- or pedestrian-involved collisions.
• Number of bike- or pedestrian-involved collisions within 500 feet of a school.  Equity RTOs
• Proportion of KSI and bike- or pedestrian-involved collisions that occur in Equity Priority Communities (EPCs), compared to the county as a whole.
• Share of county jobs that can be reached by EPC residents within a 30-minute drive, as compared to county residents as a whole.
• Share of county jobs that can be reached by EPC residents within a 45-minute transit trip, as compared to county residents as a whole.
• Proportion of EPC acres that are not within a quarter-mile buffer of a transit stop served by high-quality transit.
 Climate Change RTOs
• Single-occupant vehicle mode share.
• Vehicle miles traveled (VMT) per capita.
• Transportation greenhouse gas (GHG) emissions per capita. • Zero-emission vehicle ownership in the subregion.
 Technology RTOs
• Level of signal interconnection.

RTOS CONSIDERED BUT NOT RECOMMENDED
RTOs that were considered by are note recommended for inclusion in the Action Plans are listed below. The reasoning behind these decisions is described in detail in Attachment 1.  Wait time for paratransit
 Speed reduction
 Use of shared (pooled) Transportation Network Companies (TNCs)  Number of shared scooters, shared bicycles, and public autonomous shared vehicles that are deployed
 Pavement condition on the countywide low-stress bike network  Average commute time for low-income residents as compared to county residents as a whole  Miles of Routes of Regional Significance (RRS) estimated to be vulnerable to sea-level rise.  Percentage of vulnerable RRS for which remediation plans or a mitigation approach have been created.

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TABLE 1. RTOS FOR CENTRAL COUNTY SUBREGION
Facility Type or
Planning Focus Metric Definition Existing Target Proposed 2027 Target Proposed 2050 Target Roadways
Freeway Delay Index
Freeway Buffer Index
Travel time ratio for congestion vs. free-flow
conditions
Proportion of added travel time between the 95th
percentile and the average
Delay Index:

DI≤4.0 (I-680)
DI≤3.0 (SR-242)
DI≤5.0 (SR-4)
Buffer Index:

None
Delay Index:

DI≤4.0 (I-680)
DI≤3.0 (SR-242)
DI≤5.0 (SR-4)
Buffer Index:

0.50 Delay Index:

DI≤4.0 (I-680)
DI≤3.0 (SR-242)
DI≤5.0 (SR-4)
Buffer Index:

0.50 Intersection
Level of Service (LOS) Average control delay during peak hours LOS F at selected
intersections,
including: Geary
Road and North
Main Street; Treat
Boulevard and
Geary Road; Treat
Boulevard and
Bancroft Road;
Ygnacio Valley
Road and Bancroft
Road; Ygnacio
Valley Road and
Civic Drive
LOS D
in all areas except for
downtowns, key school
sites, and freeway
ramps; LOS E at freeway
ramps; no LOS standards
for downtowns, key
school sites, or TPAs, or
at the following
intersections: Geary
Road and North Main
Street; Treat Boulevard
and Geary Road; Treat
Boulevard and Bancroft
Road; Ygnacio Valley
Road and Bancroft Road;
Ygnacio Valley Road and
Civic Drive
LOS D
in all areas except for
downtowns, key school
sites, and freeway
ramps; LOS E at freeway
ramps; no LOS standards
for downtowns, key
school sites, or TPAs, or
at the following
intersections: Geary
Road and North Main
Street; Treat Boulevard
and Geary Road; Treat
Boulevard and Bancroft
Road; Ygnacio Valley
Road and Bancroft Road;
Ygnacio Valley Road and
Civic Drive
Roadway Segment LOS
outside of urban areas Average speed during peak hours None LOS E (≤40mph) LOS E
(≤40mph)
Transit
Transit Mode Share Proportion of daily person trips using transit None 13% commute trips 26% of commute trips Travel Time Ratio
Ratio of peak commute period travel time on
transit to drive alone auto travel time for key
corridors
None Transit time ≤ auto travel
time
Transit time ≤ auto travel
time
Active
Transportation
Bicycle Mode Share Proportion of daily person trips made by bicycle None 6% all trips

2.5% commute trips
12% all trips
5% for commute trips,
Low Stress Bike
Network (LSBN) Proportion of the LSBN that is complete None 29.5% 100%

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Facility Type or
Planning Focus Metric Definition Existing Target Proposed 2027 Target Proposed 2050 Target LSBN Crossings Number of locations the LSBN crosses a roadway and is considered to be unprotected None None None
Safety
KSI Collisions Number of crashes resulting in fatality or injury None Bike-Ped Collisions Zero fatality and severe injury crashes Number of KSI crashes involving a bicyclist of pedestrian None
Bike-Ped Collisions
near Schools
Number of bicycle or pedestrian involved KSI
collisions occurring within 500 feet of schools None
Equity
KSI Collisions in EPCs Proportion of KSI collisions that occur in EPCs None Zero fatality and severe injury crashes Job Share Accessible by
driving in EPCs
Share of jobs accessible by EPCs residents with a
30-minute drive None 68% of jobs accessible 77% of jobs accessible Job Share Accessible by
transit in EPCs
Share of jobs accessible by EPCs residents with a
45-minute transit trip None 58% of jobs accessible 100% of jobs accessible High Quality Transit
Access in EPCs
Number of people in EPCs not within a quartermile distance of a transit stop served by high quality transit
None 40% 100%
Climate Change
Single-Occupant
Vehicle (SOV) Mode
Share
Proportion of daily person trips made by single
occupant vehicle None 50% 40%
Greenhouse Gas (GHG)
Emissions per Capita Tons of CO2 emissions None 17 lbs per capita Zero transportation related Electric Vehicle
Ownership
Number of battery electric vehicles owned by
subregion residents None 50% market penetration 100% market penetration VMT per capita Home-based vehicle miles traveled per capita None 26.6 VMT 21 VMT Technology Level of Signal
Interconnection Number of connected signals None 101 101

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Proposed Action Plan Actions
The project team worked on a revised list of actions for each subregion to ensure that each Action Plan would include actions appropriate to achieve the RTOs. A list of proposed actions for the Central County Action Plan was presented to the TRANSPAC TAC on July 14, 2022. This list of actions is included in this memorandum as Table 2. The revisions proposed in Table 2 reflect consolidation and/or wordsmithing of existing actions, removing of actions which are now complete, and the introduction of new actions. Proposed new actions come from several sources, including:
 Actions recommended by the project team based on best management practices or similar projects, that are necessary to achieving the performance targets established under the RTOs.  Actions to address topics requested by TRANSPAC TAC members or through other subregional TAC members that are also applicable to the Central County subregion.

The middle column of Table 1 lists the existing Central County Action Plan text and includes strikethrough and underline edits to show revisions proposed by the project team. Column B includes notes on why the edit has been made while the first column assigns each revised action with an action number that will be used in the Draft Central County Action Plan.

TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Freeways
Freeways-1
Continue to monitor and evaluate operational
improvements at freeway interchanges on I-680, SR-242,
SR-24, and SR-4. (8-A) Complete necessary operational
improvements (i.e. protected turn lanes, synchronized
signal timing, and auxiliary lanes, among others) at select intersections or roadway segments, while ensuring that the improvements are balanced against the objectives and
actions set forth elsewhere in this Action Plan
Revised with language
drafted for all action
plans
8-B: Support development of operational improvements on mainline SR-4.

Removed because
operational
improvements are
addressed above.

Continue to support the completion of the fourth bore of the Caldecott Tunnel (SR-24). (8-C) Removed by staff
Support the study and implementation of potential regional freeway management strategies. (8-D)
Removed because this is
part of the general
operational
improvements action.

July 20, 2022 | Page 18
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Consider a multi-agency approach to freeway ramp
metering. (8-E)
Removed because it is
addressed in the
operational efficiency
action above.

Support the implementation of Express Lanes on I-680,
consistent with MTC’s project. (9-D)
Removed because it is
addressed in the
operational efficiency
action above.

Freeways-2
Support the Work with CCTA and local jurisdictions to
completion of a continuous HOV system on I-680, including the connection of the SR-4 HOV system to I-680
Revised to consolidate
with HOV action below.

Support the connection of the SR-4 HOV system to I-680. (9-B)
Consolidated with HOV
action above
Freeways-3
Support Work with applicable agencies to support
consistent occupancy requirements for toll-free HOV/HOT lanes on the Benicia-Martinez Bridge and I-680. (9-C)
Revised to sounds more
actionable.

Support additional incentives for HOV users. (9-E) Removed because it is vague.

Support the efforts of the Authority to evaluate congestion relief strategies along the I-680 corridor, including transit options and new technologies. (2-B
Removed because this is
implied through all
actions proposed for this
Action Plan
Contra Costa Mobility Management Plan to establish a
mobility management center
Removed due to lack of
detail and could be
included in the general
corridor management
plan action proposed
Freeways-4
Improve the operational efficiency of freeways and arterial streets through effective corridor management strategies, such as ramp metering, traffic operations systems,
Intelligent Transportation Systems (ITS) improvements,
HOV/HOT lane and bypass lanes, among others, to support a cohesive transportation system for all modes.

Added using language
drafted for all action
plans

July 20, 2022 | Page 19
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Freeways-5
Work with CCTA and local jurisdictions to study the
feasibility of bus on shoulder pilot and long term programs on subregional freeways.

Added using language
drafted for all action
plans
Freeways-6
Work with CCTA, Caltrans, and California Highway Patrol to track HOV/HOT and Fastrak lane violators.

Added using language
drafted for all action
plans
Freeways-7
Work with CCTA and local jurisdictions to discourage
diversion from freeways and cut through travel on surface roadways by developing traffic management programs,
increasing trip capacity on freeways, completing freeway operational improvements, implementing traffic calming
measures on surface roadways, and exploring surface
roadway redesign to support active and public
transportation modes.

Added using language
drafted for all action
plans
Freeways-8
Work with CCTA to complete a Countywide Goods
Movement Plan that promotes greater use of technology
for communications and scheduling, funding for equipment upgrades for air quality improvements with cleaner
technology, and an advocacy platform for goods movement and guidance for local jurisdictions.

Added using language
drafted for all action
plans
Freeways-9
Work with CCTA, Caltrans, and other applicable agencies to conduct Integrated Corridor Management (ICM) studies for Central County corridors to improve multimodal function of countywide facilities.

Added using language
drafted for all action
plans
Freeways-10
Conduct a study to develop a seamless HOV/HOT/Express
Lane on SR-24.

Added using language
drafted for all action
plans
Freeways-11
Improve the operational efficiency of freeways and arterial streets through effective corridor management strategies, such as ramp metering, traffic operations systems,
Intelligent Transportation Systems (ITS) improvements,
HOV/HOT lane and bypass lanes, among others, to support a cohesive transportation system for all modes.

Added using language
drafted for all action
plans
Surface Roadways
Surface
Roadways-1
Develop subregional corridor management plans to provide adequate roadway capacity for local and subregional travel while also including both public and active transportation modes and nonmodal transportation issues such as equity, climate change, safety, and technology.

Transit

July 20, 2022 | Page 20
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Transit-1
Support the development of real-time information and
better connectivity for regional transit and local and feeder bus service. (2-A)
Work with CCTA, local jurisdictions, and local public transit operators to:
- Link transit service in the entire subregion, including more directly to communities within Central County, between
BART stations, and between adjacent Central County
communities.
- Standardize operations, regional mapping, and wayfinding. - Implement traffic signal management and bus
prioritization technology on regionally significant transit routes to improve bus speed and reliability.
- Implement improvements that increase the capacity and efficiency of local transit on Regional Routes. (2-F)
- Promote coordination of transfer times among Express
bus, feeder bus, BART, and park-and-ride lots. (2-C)
Replaced with language
drafter for all subarea
action plans.

Support improvements that increase the efficiency of local transit on Regional Routes. (2-F)
Consolidated action with
general transit
improvements action
above
Support improvements that increase the efficiency of local transit on Regional Routes. (2-F)
Consolidated action with
general transit
improvements action
above
Transit-2
Complete general improvements to BART stations to
increase their use, including:
- Support increased Construct necessary infrastructure to ensure safe and complete access to BART stations for buses, bikes and pedestrians. (2-G)
- Support the expansion of BART service and BART station and parking facilities. (2-D)
- Modernize all Central County BART Stations to include modernization new paid areas, platform expansions; new
vertical circulation; additional fare gates and fare collection equipment; upgrade systems; replace elevators and to
improve customer amenities including bathrooms, signage, lighting, safety and security. For all 3 Central County BART Stations.

Revised to be more
general towards BART
improvements and to
merge an additional
action

July 20, 2022 | Page 21
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
- Encourage and participate in access and development
plans in the immediate vicinity of each BART Station to improve multimodal access and facilities for buses, bicycles and pedestrians. (2-H)
- Improve BART Station parking and access, including bicycle and pedestrian amenities; and improve carpool, garage and electric vehicle parking.

Encourage and participate in access and development plans in the immediate vicinity of each BART Station to improve multimodal access and facilities for buses, bicycles and pedestrians. (2-H)
Consolidated with the
general BART action
above
BART Station parking and access improvement. Upgrade
station areas to improve access including bicycle and
pedestrian amenities; and improve carpool, garage and
electric vehicle parking. For all 3 Central County BART Stations.

Consolidated with the
general BART action
above
Increase investment in support innovative approaches to improve the efficiency and effectiveness of transit services for seniors and disabled persons through the allocation of Central County's Measure J $10 million for Additional
Transportation for Seniors and People with Disabilities.

These funds are in addition to Measure J Other Countywide Programs and total $35 million in Central County.(2-I)
Remove because this is
part of general
implementation/support
of the revised Accessible
Transportation Strategic
Plan action
Transit-3 Support the extension expansion of ferry service to and from San Francisco and Contra Costa County. (2-K)
Keep with minimal
improvements
Transit-4
Implement the recommendations of the Contra Costa
Accessible Transportation Strategic Plan Mobility
Management Plan, including the establishment of a new
Coordinating Entity and establishing a new, ongoing,
dedicated funding stream. mobility management center for the County. (2-K)
Keep with minimal
improvements
Continue to support higher-density development around
transit hubs and downtown. (3-B)
Removed action because
it will instead provide
policy direction for the
Action Plan
Transit-5
Support the construction and maintenance of accessible
bus stops, park-and-ride lots, and transit hubs. (2-E)
Implement park and ride facilities at appropriate locations, including shared-use agreements at activity centers with underutilized parking spaces.

Replaced with a general
action drafted for all
Action Plans
Support expansion and use of park-and-ride facilities using Express and local buses. (2-J)
Replaced with a more
detailed mobility hub

July 20, 2022 | Page 22
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
action drafted for all
Action Plans
Promote park-and-ride lot use to potential carpoolers,
vanpoolers, and transit riders, including shuttle services, where applicable. (7-E)
Replaced with a more
detailed mobility hub
action drafted for all
Action Plans
Transit-6
Provide additional park-and-ride lots, and develop shared mobility hubs along the I-680 corridor. (9-F) Work with local jurisdictions to develop intermodal transportation facilities (“Mobility Hubs”) that serve major activity centers and connect transit, pedestrian, bicycle facilities, and car/ride share in their planning documents, and site park and ride facilities, where needed and feasible.

Replaced with a more
detailed mobility hub
action drafted for all
Action Plans
Promote coordination of transfer times among Express bus, feeder bus, BART, and park-and-ride lots. (2-C)
Combined with general
coordination action
above
Support the expansion of BART service and BART station
and parking facilities. (2-D)
Consolidated with
general BART action
above
Encourage commuters to make local trips or trips linked to transit by walking, bicycling, or carpooling instead of driving alone. (7-D)
Removed because this is
implied through all
actions proposed for this
Action Plan
Martinez Intermodal Station (Phase 3) Removed because it is too vague and is likely
included in the general
mobility hub action
Transit-7
Participate in any current or future studies regarding rail options for the Central County area and continue exploring development of new rail stations.

Added using language
drafted for all action
plans
Transit-8
Work with CCTA and local transit operators to explore
financial incentives and reduced fares for public
transportation, including a feasibility study to explore a subregional or countywide Universal Basic Mobility
program.

Added using language
drafted for all action
plans
Transit-9
Evaluate systemwide bus stop improvements, including
making it safer and easier for people to access transit stations and ensuring that transit is safe and attractive.

Added using language
drafted for all action
plans
Transit-10
Provide educational awareness of public transportation
options through outreach, education, and advertising,
particularly in local schools.

Added using language
drafted for all action
plans

July 20, 2022 | Page 23
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Transit-11
Assist local jurisdictions in reviewing and considering options for improving curb management and bus and truck loading on public streets.

Added using language
drafted for all action
plans
Transit-12
Work with CCTA to fund and develop a regional mapping
data services digital platform to enable the standardization and routine updating of digital and paper maps across all transit services
Added using language
drafted for all action
plans
Transit-13
Complete a feasibility study to explore feasibility of a Regional Express Bus Program and expansion and
enhancement of Bus Rapid Transit, along SR-24 and other key roadways.

Added using language
drafted for all action
plans
Transit-14
BART Station modernization new paid area, platform
expansion; new vertical circulation; additional fare gates and fare collection equipment; upgrade systems; improve customer amenities including bathrooms, signage, lighting, safety and security. For all 3 Central County BART Stations.

Combined with general
BART improvement
action above
Bike/Ped
Bike/Ped-1
Prioritize the needs of pedestrians and bicyclists in the design, construction, and maintenance of development
projects. (3-D)
Keep with minimal
improvements
Bike/Ped-2
Prioritize the needs of pedestrians and bicyclists, and improve facilities along and connecting to Regional Routes and activity centers. (5-C)
Keep and add action
from below
Support the improvement of bicycle and pedestrian
facilities on and connecting to Routes of Regional
Significance. (6-B)
Consolidated with
Bike/Ped priority action
above
Bike/Ped-3
Seek funding to provide bicycle parking infrastructure at employment sites and activity centers throughout Central County. (6-C)
Keep as is
Bike/Ped-4
Support development of pedestrian and bicycle plans and safe routes to transit improvements. (6-D)
Work with local jurisdictions in adopting and updating their bicycle and pedestrian plans to expand and/or improve
their facilities to ensure a seamless active transportation network that provides a positive user experience.

Revised using language
drafted for all action
plans and addressed in
two actions
Seek funding to provide bicycle parking infrastructure at employment sites and activity centers throughout Central County. (7-H)
Removed by staff
Detroit Avenue Complete Streets Project Revised because it is too vague and is likely

July 20, 2022 | Page 24
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
included in proposed
action revisions
Farm Bureau Road Safe Route to School Improvements Revised because it is too vague and is likely
included in proposed
action revisions
Cleveland Road widening and sidewalk improvements Revised because it is too vague and is likely
included in proposed
action revisions
Bike/Ped-5 Complete gaps in the Countywide Low Stress Bike Network. Added using language drafted for all action
plans
Bike/Ped-6 Complete bicycle and pedestrian crossing improvements at the following intersections:
- Port Chicago Highway crossing an eastbound freeway offramp on SR-24. - Briones to Mount Diablo Regional Trail crossing at Buena Vista Avenue north of 1st Avenue.
- Ygnacio Canal Trail and Oak Grove Road Couplet in the southeast direction.

Added using language
drafted for all action
plans
Bike/Ped-7 Work with CCTA, Contra Costa Health Services, and Street Smarts Diablo Region to facilitate a countywide coordinated approach to Safe Routes to Schools programs, and to
identify continual funding streams to encourage students, employees, and residents at K-12 schools, technical schools, and college sites to use non-vehicle modes to get to school.

Added using language
drafted for all action
plans
Bike/Ped-8 Develop a program to provide educational awareness of active transportation options and safety through outreach, education, and advertising.

Added using language
drafted for all action
plans
Bike/Ped-9 Work with CCTA and MTC to promote Safe Routes to Transit projects and programs, and submit applications for funding for construction of local Safe Routes To Transit projects and programs.

Added using language
drafted for all action
plans
Bike/Ped-10 Continue the program to reduce the cost of bicycles, pedalassist bicycles, and electric bicycles for Contra Costa residents.

Added using language
drafted for all action
plans
Bike/Ped-11 Support development of pavement management systems and implementation of pavement rehabilitation
improvements. (1-B) Work with CCTA and other regional
agencies to develop a method of tracking the Pavement
Condition Index (PCI) of bicycle facilities on the low-stress Replaced with language
drafted for all action
plans

July 20, 2022 | Page 25
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
bike network, and implement rehabilitation improvements where needed.

Bike/Ped-12 Work with Caltrans to prepare an incident management plan for Central County freeway corridors.

Added using language
drafted for all action
plans
Safety
Safety-1
Support the inclusion of Complete Streets in General Plan updates. (6-A) Work with CCTA to implement the
Countywide Vision Zero Framework.

Revise to be more
general to support Vision
Zero
Safety-2 Conduct a study to identify all safety-related transportation improvements needed within 500 feet of schools.

Added using language
drafted for all action
plans
Safety-3 Develop a program to coordinate the collection and analysis of safety data, identify areas of concern, and propose
safety-related improvements and user awareness so as to support state and federal safety programs and performance measures.

Added using language
drafted for all action
plans
Safety-4 Work with CCTA, MTC, and East Bay Regional Parks to study and avoid the safety impacts of electric bicycles on local trails and streets, so as to eventually allow electric bicycles on all local trail facilities.

Added using language
drafted for all action
plans
Equity
Equity-1
Conduct a study to identify strategies to increase lowincome resident access to transit hubs, jobs, and areas with goods and services (for example, in Central County, the study could explore enhancing existing transit hubs,
constructing new transit hubs, and first/last mile solutions).

Added using language
drafted for all action
plans
Equity-2
Increase access to car sharing services for low-income
residents and support financial incentives for using them.

Added using language
drafted for all action
plans
Equity-3
Increase express bus service to regional job centers,
particularly those with low-income workers, inside and
outside of the subregion.

Added using language
drafted for all action
plans
Equity-4
Increase high frequency transit lines and stops in EPC areas. Added using language drafted for all action
plans
Climate Change
Encourage “green” commuting, including ZEV and NEV
vehicles, clean fuel infrastructure, and car sharing. (7-I) Removed because it is
covered by new green
commuting actions

July 20, 2022 | Page 26
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Climate
Change-1
Support the Work with the 511 Contra Costa to continually expand and improve TDM Programs to educate and
encourage Contra Costa residents, students and commuters to use multimodal alternatives by promoting transit,
shuttles, carpooling, vanpooling, walking, bicycling,
alternative work schedules, and telecommuting. (7-A)
Climate
Change-2
Develop TDM programs at K-12 schools and colleges to
encourage carpooling, transit ridership, walking, and
bicycling. (7-B) Work with regional agencies, local
employers and schools to increase tele-work, compress
work weeks, alternative work location, and flex schedules, and provide pre-tax employer transportation benefit
programs.

Revised to be more
inclusive
Promote alternative work opportunities including employer pre-tax benefit programs, compressed work-week
schedules, flex schedules, and telework. (7-C)
Removed because it is
consolidated in the
action above
In cooperation with Central County jurisdictions, develop TDM plans and provide consultations to improve mobility and decrease parking demand for new development and
redevelopment. (7-F)
Removed because it is
implied in the TDM
actions above
Climate
Change-3
Continue to implement a program to support deployment
of high-quality, fast and diverse electrical vehicle chargers in the subregion.

Added using language
drafted for all action
plans
Climate
Change-4
Continue to promote electric vehicle ownership by offering financial incentives and providing educational programs and demonstrations.

Added using language
drafted for all action
plans
Climate
Change-5
Coordinate with impacted jurisdictions, property owners, and other applicable agencies that own or maintain Routes of Regional Significance that would be impacted by sea level rise, to coordinate and plan for inundation mitigation.

Added using language
drafted for all action
plans
Climate
Change-6
Encourage regional agencies and local jurisdictions to refer to the Adapting to Rising Tides Adaptation Roadmap when planning for sea level rise.

Added using language
drafted for all action
plans
Clean Fuel Vehicle infrastructure Removed because it is included in general
actions above
Technology
Technology-1
Support innovative approaches for the deployment of
technologies. (4-A)
Work with CCTA, micromobility operators, and local
jurisdictions to create a subregional model ordinance and Revised with language
drafted for all action
plans

July 20, 2022 | Page 27
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
model RFP to deploy micromobility systems, built off
industry best management practices.

Technology-2
Support the construction of infrastructure needed for the expansion of low emission technologies, such as vehicle charging
stations. (4-B)
Continue to implement a program to support deployment
of high-quality, fast and diverse electrical vehicle chargers in the subregion.

Revised with language
drafted for all action
plans
Explore innovative new technologies to improve mobility and reduce SOV trips. (7-G)
Removed because it is
too vague. Covered by
new actions relating to
SOV reducing technology
Technology-3
Upgrade the signal system along certain Routes of Regional Significance, including the 101 signals identified for
interconnection.

Added using language
drafted for all action
plans
Technology-4
Conduct a study of the feasibility of a pilot Dynamic
Personal Micro Transit System or Automated Driving System somewhere in the Central County area.

Added using language
drafted for all action
plans
Technology-5
Work with local transit agencies, regional policymakers, and private entities to promote pooled regional ridesharing services.

Added using language
drafted for all action
plans
Technology-6
Coordinate with CCTA and local jurisdictions to identify solutions to the Intelligent Transportation System (ITS) communications needs during the development and
implementation of a Regional ITS Communications Plan
and/or regional communications infrastructure, including expanding fiber to link all traffic signals and bolster communications for signals, etc.

Added using language
drafted for all action
plans
Funding
Funding-1
Seek funding for the ongoing maintenance and operation of the existing transportation system and infrastructure.

Includes all modes. (1-A) Continue to participate and
periodically update the TRANSPAC Subregional
Transportation Mitigation Program and the Central Contra Costa Traffic Management Program to ensure it will
produce sufficient funds in light of current and anticipated growth rates and construction costs.

Revised using language
drafted for all action
plans
Continue to implement the TRANSPAC Subregional
Transportation Mitigation Program. (3-E)
Consolidated above

July 20, 2022 | Page 28
TABLE 2 RECOMMENDED REVISIONS TO THE CENTRAL COUNTY ACTION PLAN ACTIONS New Action
Number Proposed Action Language Revisions Notes
Continue to implement the Central Contra Costa Traffic
Management Program. (5-B)
Consolidated above
Seek funding for traffic, multimodal, and transit
improvements along Regional Routes and other major
streets. (5-A)
Removed because
funding will come
through in actions above
and other work through
TRANSPAC and
regional/local partners
Misc.

Continue to support implementation of the Measure J
Growth Management Program. (3-A)
Removed because this is
implied by the nature
and requirements of the
Action Plan
Continue to require each jurisdiction to:
a. Notice the initiation of the environmental review process for projects generating more than 100 net-new peak-hour vehicle trips.
b. For projects that require a General Plan Amendment,
identify any conflicts with Action Plan MTSOs and then, if requested, present the analysis results and possible
mitigation strategies to
TRANSPAC for review and comment. (3-C)
Removed because this is
implied by the nature
and requirements of the
Action Plan
Public Outreach Summary
The final component of this memorandum is Attachment 3, Public Outreach Summary. This document outlines the first round of public outreach conducted by CCTA and PlaceWorks during March and April 2022. Outreach was conducted to the general Contra Costa community and the Alameda County portion of the Tri-Valley area. Input from this outreach was incorporated into development of the Action Plan actions.

Next Steps
The contents of this memorandum will be summarized in a PowerPoint presentation for the August 4, 2022 TRANSPAC Policy Board meeting. Comments on the components can be received before, during, or after the meeting. Comments on the components will be incorporated into the Draft Central County Action Plan which will be ready for review in the fall.

........................................................................................................................

ATTACHMENT 1:

RTO METHODOLOGY MEMORANDUM

........................................................................................................................ Page 56

MEMORANDUM
DATE July 7, 2022
TO John Hoang and Matt Kelly, CCTA
FROM David Early and Torina Wilson, PlaceWorks
Erin Vaca, DKS Associates
Julie Morgan and Terence Zhao, Fehr & Peers
SUBJECT Regional Transportation Objectives Methodology Memorandum This memorandum outlines the preliminary Regional Transportation Objectives (RTOs) and the methodology behind them that PlaceWorks and its technical consultants (DKS and Fehr & Peers) plan to model in preparation of the Contra Costa Transportation Authority (CCTA) Action Plan Updates.

These RTOs cover all Action Plan and Countywide Transportation Plan (CTP) topics and will be used to evaluate success in achieving the goals of each Action Plan. These RTOs could also be carried forward into the CTP to define the outcomes of that plan.

Historically, each Regional Transportation Planning Committee (RTPC) has had latitude to select a set of Multimodal Transportation Service Objectives (MTSOs) of its own choosing, and the various Action Plans have had differing MTSOs. In this round of Action Plan preparation, each RTPC continues to have the authority to craft its own RTOs. However, PlaceWorks is working with CCTA and the RTPCs to ensure that the new RTOs are as consistent as possible across the Action Plans to ensure they are largely internally consistent and to ultimately be combined and consolidated into the future CTP. At this time, PlaceWorks anticipates only minor variations among the RTOs adopted by each RTPC.

The preliminary list of RTOs, and their relevant chapter topics, are:
• Freeway RTOs
o Peak-hour delay index on select freeway segments.
o Buffer index on select freeway segments.
• Surface Roadway RTOs
o Peak-hour Level of Service (LOS) at selected intersections in urban areas. o Peak-hour segment LOS on selected two-lane roadways outside of urban areas. • Transit RTOs
o Mode share of transit trips.
o Ratio of travel time for transit as compared to automobile travel time for select trips. • Bicycle and Pedestrian RTOs
o Mode share of bicycling and walking.

July 7, 2022 | Page 2
o Proportion of the countywide low-stress bike network (LSBN) that has been completed.
o Number of locations where the LSBN makes an unprotected crossing over a heavily traveled vehicle route.
• Safety RTOs
o Number of Killed or Seriously Injured (KSI) collisions. o Number of bike- or pedestrian-involved collisions.
o Number of bike- or pedestrian-involved collisions within 500 feet of a school. • Equity RTOs
o Proportion of KSI and bike- or pedestrian-involved collisions that occur in Equity Priority Communities (EPCs), compared to the county as a whole. o Share of county jobs that can be reached by EPC residents within a 30-minute drive, as compared to county residents as a whole.
o Share of county jobs that can be reached by EPC residents within a 45-minute transit trip, as compared to county residents as a whole.
o Proportion of EPC acres that are not within a quarter-mile distance of a transit stop served by high-quality transit.
• Climate Change RTOs
o Single-occupant vehicle mode share.
o Vehicle miles traveled (VMT) per capita.
o Transportation greenhouse gas (GHG) emissions per capita. o Zero-emission vehicle ownership in the subregion.
• Technology RTOs
o Level of ethernet-based signal interconnection.

This memo ends with a discussion of several potential RTOs that were explored but are not recommended to move forward. They are:
• Wait time for paratransit
• Speed reduction
• Use of shared (pooled) Transportation Network Companies (TNCs) • Number of shared scooters, shared bicycles, and public autonomous shared vehicles that are deployed
• Pavement condition on the countywide low-stress bike network • Average commute time for low-income residents as compared to county residents as a whole • Miles of Routes of Regional Significance (RRS) estimated to be vulnerable to sea-level rise. • Percentage of vulnerable RRS for which remediation plans or a mitigation approach have been created.

July 7, 2022 | Page 3
The remainder of this memo explains the methodologies that the PlaceWorks team will use to measure each of these RTOs. These same methodologies will be documented in a revision to CCTA’s Technical Procedures and will be available for ongoing assessment of attainment of the RTOs. An explanation of RTOs that were considered and not recommended to move forward are also included.

The modelling work described in this memo will be completed by DKS using the CCTA Countywide Travel Demand Model. This four-step, trip-based model was most recently revalidated to a 2018 base year.

The standard CCTA travel demand model incorporates land use (population and employment) forecasts for 2020, 2030, and 2040 and can interpolate these inputs for interim years. Because the standard model cannot produce scenarios beyond 2040, a special version of the model script will be developed for the Action Plan analyses. In addition to accommodating a year 2050 horizon, the revised version will incorporate enhanced traffic assignment procedures for express lanes.

For the Action Plan updates, land use inputs for the horizon year of 2050 will be developed based on the Metropolitan Transportation Commission (MTC) Plan Bay Area 2050 projections for Contra Costa County. The transportation network assumed the Baseline 2050 scenario will be derived from the CCTA Transportation Expenditure Plan (TEP) No Build scenario, to reflect only already programmed improvements. In addition to the TEP projects, some additional express lanes will be assumed on Interstate (I-) 680 and the extension of the Bay Area Rapid Transit (BART) service to Livermore will be removed.

For existing conditions, the project team will use 2018 data to reflect pre-pandemic conditions, as it is not possible to predict how traffic conditions might stabilize as the post-pandemic “new normal” continues to evolve.

Freeways RTOs

PEAK-HOUR DELAY INDEX ON SELECT FREEWAY SEGMENTS
The delay index is a measure of delay experienced by motorists on a roadway segment during a peak commute hour in a single direction. The delay index is calculated by measuring the time it takes to travel a segment of road during average peak-period congested conditions and comparing it to the time it takes to travel the same segment during uncongested, free-flow conditions. A delay index may also be calculated as the ratio of congested speed to uncongested speed, given that the distance is fixed on any given corridor.

All previous CCTA Action Plans used delay index as MTSOs for freeway facilities. Table 1 lists the specific facilities to be evaluated with this metric for the current Action Plan updates; these segments are mapped in Figure 1. The performance targets used in the previous round of Action Plans are provided for reference, although these will be revisited as part of the current planning process.

July 7, 2022 | Page 4
TABLE 1. FREEWAY FACILITIES AND PREVIOUS PERFORMANCE TARGETS RTPC Facility From To
Previous
Performance
Target
WCCTAC
(West County)
Interstate 80 Carquinez Bridge Solano County
Line
DI*≤3.0
Interstate 580 I-80 Marin County
Line
DI≤2.5
State Route 4 I-80 Cummings
Skyway DI≤2.0

TRANSPAC
(Central County)
Interstate 680 Benicia Martinez Bridge I-680/SR-24
Interchange DI≤ 4.0 (I-680)
Interstate 680 I-680/SR-24 Interchange Livorna Road DI≤ 4.0 (I-680) State Route 242 SR-4/WO Port Chicago Highway I-680/SO Willow Pass Road DI≤ 3.0 (SR-242)
State Route 4 Cummings Skyway Willow Pass
Road/Evora Road DI≤ 5.0 (SR-4)

TRANSPLAN
(East County)
State Route 4 Willow Pass Grade Balfour Road DI≤2.5
State Route 160 SR-4 Sacramento
County Line DI≤2.5
Lamorinda
(Southwest County) State Route 24 Caldecott Tunnel I-680 DI≤2.0 Tri-Valley
(Southwest County)
Interstate 680 Livorna Road I-580 DI≤2.0
Interstate 680 I-580 SR-80 DI≤2.0
Interstate 580 Eden Canyon Road I-680 DI≤2.0
Interstate 580 I-680 N Midway Road DI≤2.0
* DI = Delay index
Source: RTPC Action Plans.

July 7, 2022 | Page 5
FIGURE 1. FREEWAY FACILITIES

July 7, 2022 | Page 6
The delay index (and the related average speed) will be calculated for both the 2019 Base Year and 2050 Baseline scenarios, pivoting from observed data. The source of observed data for this RTO will be speed data from INRIX Roadway Analytics, which was also used in the 2017 MTSO monitoring1 and 2021 Congestion Management Plan (CMP) monitoring.
2 DKS will first calculate observed 2019 speed with
INRIX data using April 2019 as a baseline. DKS will pull one-minute interval data that includes travel time, use a Python program to excerpt defined study areas from Table 1 and Figure 1, and ultimately filter holidays, defined peak hours, defined days of the week, and data points affected by construction and special events, or with low INRIX quality scores. Delay indices will be calculated by estimating the additional congested travel time that is expected to occur on the link using the CCTA Countywide Travel Demand Model during peak hours. Components of this work include:
• Average congested speed for 2019 will be speed data derived from INRIX Roadway Analytics, which was also used in the 2017 MTSO monitoring and 2021 CMP monitoring. • For 2050, DKS will take average congested speed data from the model. • Free-flow speed will be the posted speed limit.
• The delay indices will be calculated by dividing the free flow speed by the observed or modeled average congested speed.

These calculations will yield existing and future delay index ratings for the segments of freeways listed in Table 1. Existing delay index ratings will be compared to adopted MTSO delay index thresholds and the project team will suggest any revisions to the existing delay index thresholds for consideration by the RTPCs.

BUFFER INDEX ON SELECT FREEWAY SEGMENTS
RTPC Technical Advisory Committee (TAC) members expressed interest in tracking the reliability of freeway segments. The project team recommends moving forward with the “buffer index” to measure reliability because it will rely on the same data pulled for the delay index RTO. The buffer index represents the extra buffer time (or time cushion) that most travelers add to their average travel time when planning trips to ensure on-time arrival. This extra time is added to account for any unexpected delay. The buffer index is expressed as a percentage and its value increases as reliability gets worse. For example, a buffer index of 40 percent means that, for a 20-minute average travel time, a traveler should budget an additional 8 minutes (20 minutes × 40 percent = 8 minutes) to ensure on-time arrival most of the time. In this example, the 8 extra minutes is called the buffer time. The buffer index is computed as the difference between the 95th percentile travel time over a corridor and average travel time, divided by the average travel time.
1 Contra Costa Sub-regional Action Plans for the Routes of Regional Significance Multimodal Traffic Service Objectives (MTSO) Draft 2017 Monitoring Report (March 2018).
2 2021 Update of the Contra Costa Congestion Management Program (Draft Final Report).