Agenda packet — Oakley City Council, June 14, 2022 (part 1 of 5)

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY

REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, June 14, 2022
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.

VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.

The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing [email protected].

If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7000.
1 Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.

Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.

PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES.

Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/.

1.OPENING MATTERS
Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority

1.2 Pledge of Allegiance to the Flag

1.3 Update from Fire Chief Brian Helmick, East Contra Costa Fire Protection District

2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda.

3.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment 2 Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered.

3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency and Special Public Financing Authority Meeting held May 24, 2022 (Libby Vreonis, City Clerk)
Minutes 05-24-22

3.2 Ratify Election: Adopt Ordinance No. 05-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 183 within the Oakley Special Police Tax Area for Police Protection Services for the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Signed Ballot

2. Ordinance 05-22
2a. Exhibit A - Boundary Map
2b. Exhibit B - Tax Rate Schedule

3.3 Award of Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 246 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. CIP 246 - Bid Summary

3.4 Adopt a Resolution Calling the Regular General Municipal Election for November 8, 2022 to Elect One (1) Council Member From District 2 and One (1) Council Member from District 4; Requesting the Consolidation of Elections on November 8, 2022; Requesting the County Registrar of Voters to Perform Election Services in Connection with Said Consolidated Election; Setting Specifications of the Election Order; Authorizing the City to Reimburse the Contra Costa County Registrar of Voters for All Costs Associated with Consolidation of the Election; Setting the Word Limit for Statements of Candidacy; Establishing a Filing Fee; Directing the City Clerk to Publish a Notice of Election; Determining the Action Taken in the Event of a Tie; Directing the City Clerk to Forward this Resolution to the Registrar of Voters and the Board of Supervisors of Contra Costa County; and Confirming the Nomination Period (including when and where to obtain and file candidate papers), Hours of Operation of the polls, No Change in the City Boundary and that State Law is 3 Followed for Campaign Contribution Limits (Libby Vreonis, City Clerk) Staff Report

1. Proposed Resolution

3.5 Adopt a Resolution Designating Election Officials for the November 8, 2022 General Municipal Election (Libby Vreonis, City Clerk)
Staff Report

1. Proposed Resolution

3.6 Award of Contract with H&R Plumbing and Drain Cleaning, Inc. for On-Call Storm Drain Inlet and Manhole Cleaning Services for FY 2022/23 and FY 2023/24 Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. H&R Plumbing Proposal

2. Resolution

3.7 Award of Contract with Strike Doors, LLC for On-Call Electrical Gate Maintenance Services and Repairs for FY 2022/23 and FY 2023/24 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Strike Doors Proposal

2. Resolution

3.8 Approval of Subdivision Improvement Agreement and Final Map for Ranchettes at Neroly Subdivision 9284 (Located at the southeast corner of Oakley Road and Neroly Road) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Vicinity Map.pdf

2. Resolution - Final Map

3. Resolution - SIA

4. Subdivision Improvement Agreement

5. Final Map

3.9 Alternative Alignment for the Extension of Laurel Road from Teton Road to Sellers Avenue, CIP 273 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Alternative Alignment Study
4 2. Resolution

3.10 Award of Contract with Dillon Electric, Inc. for On-Call Electrical Maintenance Services and Repair for FY 2022/23 and FY 2023/24 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Proposal

2. Resolution

3.11 Annexation No. 31 (3350 Main Street) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

2. Resolution Approving the Annexation (Annexation No. 31) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)

3. Map – Annexation No. 31 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)

4. Amendment No. 31 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)

3.12 Annexation No. 8 (3350 Main Street) to the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)

2. Resolution Approving the Annexation (Annexation No. 8) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)

3. Boundary Map – Annexation Map No. 8 to City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)

4. Amendment No. 8 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)

3.13 Authorize the City Manager to secure the fill material needed from the Contra Costa Flood Control and Water Conservation District for the Burroughs project (Joshua McMurray, City Manager)
Staff Report
5 1. Draft Resolution

4.PUBLIC HEARINGS

4.1 Public Hearing to Consider Confirming the Diagrams and Assessments and Ordering the Levy and Collection of the Annual Assessments for Fiscal Year 2022-23 for the City of Oakley Street Lighting and Landscape Assessment District No. 1 (Kevin Rohani, P.E., Public Works Director/City Engineer) Suggested Action: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Request information from the City Clerk as to whether any written protests have been filed and what level of assessable land the protests represent in order to determine whether a majority protest exists, 7) Deliberate, 8) Summarize the Deliberation, 9) Adopt the Resolution.

Staff Report

1. Resolution

2. Final Engineer's Report

4.2 Waive the Second Reading and Adopt an Ordinance Amending Title 7 (Building & Housing Regulations) Chapter 7.1.102 of the Oakley Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra Costa Fire Protection District Ordinance 2019-37, including Findings (Brent Smith, Community Development Director)
Suggested Action: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation, 8) Waive the Second Reading and Adopt the Ordinance.

Staff Report

1. Fire Code Ordinance

2. Exhibit A – Ordinance 2019-37 with Findings

3. Ordinance

5.REGULAR CALENDAR

5.1 Consideration of a Resolution Awarding American Rescue Plan Act (ARPA) State And Local Fiscal Recovery Fund Grants to Nonprofits Serving the Oakley Community (Felicia Escover, Assistant to the City Manager) Staff Report
Summary of Proposals and Recommendations
ARPA Nonprofit Grant - Request for Proposals
ARPA Grant Application Form
ARPA Grant Agreement
6 Rubric
A. Adventure and Awareness
B. Be Exceptional Expansion
C. Breakfast for Seniors
D. Child and Water Safety Day
E. Emergency Housing, Utility, and Food Assistance
F. Hazyl Diaz Scholarship for the Arts
G. Kitty Rescue
H. Newberry's BLOCK
I. Nourishing Lives in Contra Costa County
J. Oakley Campesinx Support
K. Oakley History Through Time
L. Oakley Legal Immigration Assistance
M. Oakley Library Programs and Friends Membership Support N. Senior Support Services
O. The HOPE House
P. VCRC's After School Academy - Oakley
Q. Veterans of Oakley
Resolution
Attachment A

5.2 Adopt a Resolution Approving Compensation and Benefits for General City Staff and Approving the Attached Salary Schedule Effective the First Full Pay Period in July of 2022 (Jeri Tejeda, Human Resources Director) Staff Report

1. Resolution

2. 2022/2023 Salary Schedule

3. Staff Presentation

5.3 Discuss Position on Assembly Bill 1944 (AB 1944); Local Government: Open and Public Meetings and Provide Direction to Staff (Felicia Escover, Assistant to the City Manager)
Staff Report
Assembly Bill 1944 as amended May 25, 2022
Assembly Floor Analysis
AB 1944 - Coalition Letter of Support

5.4 Consideration of Resolutions Adopting the Fiscal Year 2022-2023 Proposed Operating Budget, Statement of Financial Policies, Appropriations Limit, Adopting the Fiscal Year 2022-2023 Capital Budget and 5-Year Capital Improvement Program (CIP) for Fiscal Years 2022-2023 through 2026-2027 and Making Findings Related Thereto, and Approving an Agreement with Contra 7 Cost County related to Animal Services and an Agreement with Public Safety Family Counseling Group, Inc. and Authorizing the City Manager to Execute those Agreements (Tim Przybyla, Finance Director)
Staff Report

1. Proposed Budget Documents

2. Internal Control Report

3. First Resolution

4. Second Resolution

5. Animal Service Agreement

6. Professional Services Agreement

7. Third Resolution

6.REPORTS

6.1 CITY MANAGER
(a) City Manager

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas

7.WORK SESSIONS

8.CLOSED SESSION

8.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
O’Hara Properties, LLC v. City of Oakley, City Council of the City of Oakley Contra Costa Superior Court Case No. N22-0924

8.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
8 9.ADJOURN
9 Minutes of the Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley
Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority held
May 24, 2022
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present.

1.2 Pledge of Allegiance to the Flag (Riley- Girl Scout Troop 33790, Reagan-Girl Scout Troop 33787)
Riley and Reagan led the Pledge of Allegiance.
2) PUBLIC COMMENTS
Ken Peacock requested more speed humps on Teakwood Drive (north side of Main Street) to slow down traffic for public safety.

Randi Adler commented the City should put metal detectors in schools to relieve some of issues nation is having when it comes to violence in schools.

Police Chief Paul Beard shared the last active shooter training with schools was in January 2020 and they plan to pick up training again soon. 3) CONSENT CALENDAR

3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency/Public Financing Authority Meeting held May 10, 2022 (Libby Vreonis, City Clerk)

3.2 Adopt a Resolution Amending the 2022 City Council Appointment List (Libby Vreonis, City Clerk)

3.3 Waive the First Reading and Introduce an Ordinance amending Title 7 (Building & Housing Regulations) Chapter 7.1.102 of the Oakley Municipal Code to adopt by reference the 2019 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9, as amended by Contra 10 Costa Fire Protection District Ordinance 2019-37, including Findings. (Brent Smith, Community Development Director)

3.4 Consideration of a Resolution in Support of Ensuring the Health and Sustainability of the Sacramento-San Joaquin Delta (Felicia Escover, Assistant to the City Manager)
Item 3.4 was moved to the Regular Calendar.

It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
4) PUBLIC HEARINGS
None.
5) REGULAR CALENDAR
Item 3.4
Councilmember Fuller commented water from the Sacramento River is already routed through Tracy and to the San Joaquin Valley and the proposed pump will make it go faster but will upset the ecosystem which can have a major impact on Oakley.

Vice Mayor Meadows agreed they need to continue to send the message to protect the Delta.

It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0)

5.1 Consideration of a Resolution Establishing a Reward Fund for Information Leading to the Location of 24-year old Oakley Resident Alexis Gabe (Joshua McMurray, City Manager)
Felicia Escover presented a PowerPoint presentation.

Councilmember Williams inquired what happens with funds if nothing comes about with tips.

Councilmember Fuller expressed he would like to see $50k included in the budget and allow the Chief of Police and City Manager to determine distribution.

Councilmember Higgins expressed she would like to see the City contribute $50k on top of the City’s $10k to find answers.
11 Public Comment
Randi Adler provided public comment suggesting any remaining funds be used for funeral expenses if needed.

Councilmember Higgins agreed some of the funds could be used for that purpose and suggested a scholarship could be set up.

Ms. Escover commented she can work with Finance on details of the funds for the current and future years and if the reward increases, there could be an option to use less than the maximum amount for reward.

Vice Mayor Meadows moved to adopt the resolution as presented. The motion died for lack of a second.

It was moved by Mayor Pope and seconded by Councilmember Fuller to adopt the resolution increasing the City’s contribution amount to $50k to be used for this case or any future cases with discretion of distribution to be handled by the investigation team.

AYES: Fuller, Higgins, Pope, Williams. NOES: Meadows. (4-1)

5.2 Adopt a Resolution approving the Oakley Police Association Memorandum of Understanding (Jeri Tejeda, Human Resources Director) Human Resources Director Jeri Tejeda presented the PowerPoint presentation.

Councilmember Fuller commended Police for asking for Juneteenth as a holiday rather than having a floating holiday.

Public Comment
Randi Adler provided public comment inquiring what the City is doing to offset officers on leave for job injuries.

Chief of Police Paul Beard shared preventive measures they are taking to protect officers from injuries.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution as presented. Motion was unanimous and so ordered (5-0).

5.3 General Overview of the Fiscal Year (FY) 2022/23 Capital Improvement Program (CIP) and Budget (Joshua McMurray, City Manager, Kevin Rohani, P.E., Public Works Director/City Engineer, Tim Przybyla, Finance Director) Public Works Director/City Engineer Kevin Rohani presented a PowerPoint Presentation.
12 Councilmember Higgins inquired about recycled water, requested lights at the playground at Civic Center Park for Friday Night Bites, and requested a stoplight across from the Oakley Tavern for people to cross the street safely who support businesses.

Councilmember Fuller commented in favor of shade at the dog park, opposed the parking lot being built and would rather the $6.5 million be spent on the library, expressed his preference is for the budget to be bifurcated so that if he wants to vote no on a project he can do so without voting no to the entire budget and this is the only agency in his experience where it is not bifurcated; and he requested projects be upfront in budget materials for the public to see.

Councilmember Williams requested detail on amount of funds already spent on projects in advance of budget approval so if the Council wants to move forward or walk away from projects it knows the amount already invested. She inquired if any tangible improvements have been made with the school regarding parks.

Councilmember Meadows inquired if road and parking lot projects can be postponed considering current price of asphalt.

Mr. Rohani responded to the Councilmembers’ comments:
 Untreated well water is used for irrigation and the City has been in discussion with ISD for many years to explore the opportunity of recycled water when building new roads,
 Flood lights can be rented to provide lights at the playground at Civic Center Park for Friday Night Bites however all City parks are closed at dark,  Two crosswalks currently exist for pedestrians on Main Street near the Oakley Tavern and the area will not warrant a traffic signal,  It is common practice for projects to be intertwined with budget as there can be ramifications throughout the rest of the budget if projects are separated from it,
 The report tonight is to provide information and the Council can decide adjustments to the budget next month when it is brought back which will include the amount spent on each project,
 School parks are a work in progress and the City installed signage at each park indicating they are owned and maintained by the school district, and  The cost of asphalt is high but the City will not be price gauged—staff will rebid or bring back if the cost is too high.

Mr. McMurray added that the Planning Commission needs to recommend to the Council the CIP projects to approve so it will go to the Planning Commission on June 7 and return to Council on June 14, and in future years the budget process will start earlier.

Public Comments
Paul Seger provided public comment thanking Councilmember Higgins for her concern for people in the park at night and he agreed with Councilmember Fuller that projects 13 should be openly discussed among everybody and the Council doesn’t need to rubber stamp projects to approve the budget.

Randi Adler provided public comment that parking lots with nothing attached are a waste of taxpayer money when everyone is still recovering from COVID. She suggested the projects be put on hold until the economy recovers.

Angela Lowrey, ISD liaison, thanked Councilmember Higgins for discussing recycled water and explained the biggest cost is getting purple pipes in the ground and they can remain dormant until having approval for recycled water, but it is cheaper to do that than dig up roads later to place them in the ground. She mentioned the General Manager spoke to the partnership ISD and DWD have to do what is best for the City and community. She shared with new drought information, stronger mandates may be needed and recycled water is very valuable. She invited Planning Commissioners to tour their facilities and she hopes for continued dialogue between ISD, DWD and the City regarding recycled water.

City Attorney Derek Cole advised no action is being requested so if there are no objections to the information provided and no additional information to add, staff will bring forth the budget at the next meeting for approval.

Vice Mayor Meadows commented he is okay with items presented in the CIP report and he is interested in future to have a line item in the spreadsheet to know how much has been spent already.

Mayor Pope agreed with having lights at Civic Center Park for events, he suggested if a Councilmember doesn’t agree with the budget as presented a motion could be made to object, he indicated the City cannot just pull out of projects with no impact as the City and others have invested a lot of money into the projects so it would be helpful to have that history included, he agreed with stopping the joint park agreement upon its expiration, he suggested a traffic calming measure on Main Street near the Oakley Tavern, he mentioned delaying road projects because of asphalt prices is gambling as there will likely be a 10% annual inflation, parking in the Downtown is hard to find and it is a good problem to have, the City doesn’t have control over water, sewer, or recycled water as it is not a full-service municipality, and while he understands there are consequences to any vote taken, he has never been told he has to vote a certain way. 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the Fire Station 55 ribbon cutting on June 1 at 10am, Friday Night Bites with a summer concert on June 3 and SummerFest on July

2. 14

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

Councilmember Higgins announced the Memorial Day event will be held Saturday. She reported she attended the Taste of Oakley and gave a shout out to the youth for their work at Friday Night Bites. She mentioned the Tri-Delta Board meeting is this week.

Councilmember Fuller reported Fire Chief Helmick’s Facebook broadcast assured East County will receive fire protection especially with Station 55 opening.

Mayor Pope mentioned the Memorial Day event is always a nice event to attend with the high school ROTC and participation of youth is important to ensure memories don’t die. He reported he attended the Taste of Oakley. He announced the Mayors Conference will be held next Thursday on Zoom and Friday Night Bites will be held next Friday.
(b) Requests for Future Agendas
Councilmember Williams requested letters of support for AB 1944 and AB 2449 regarding Brown Act modernization items. Councilmember Higgins supported her request.

Councilmember Higgins requested support for a resolution to take to the Board of Supervisors to ban oil and gas drilling and shut down any current oil and gas extraction the County has. She also requested lights at Civic Center Park for Friday Night Bites.

Councilmember Williams supported her request.
7) WORK SESSION

7.1 Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (Ken Strelo, Planning Manager) Ken Strelo provided a PowerPoint presentation.

Public Comment
Randi Adler provided public comment regarding her neighbors’ double fences on both sides of her and her neighbor stealing internet from her; and she requested the City 15 clear the high growth on the trail nearby her home before the 4th of July to reduce risk of fire.

Mark Pleis shared he is representing John Joseph and Sandy Lane family members, he has experience with Starbucks drive-throughs in Dublin and in Alameda, and Starbucks is considering a drive-through near the ARCO station, but the 300-foot buffer scares them and he would like to continue discussion on the matter.

George Cardinale encouraged the Council to involve owners, developers and tenants in the discussion regarding these things that impact commercial development.

Paul Seger encouraged the Council to invite all stakeholders for discussion including people who live in the community and will be impacted by development.

Mayor Pope called for a break at 8:58 p.m. The City Council reconvened at 9:05 p.m.

Councilmember Williams commented many local businesses cannot afford to rent in Oakley, the 300-foot buffer around schools is non-negotiable for her, the overlays are not intended to eliminate the rest of businesses-they just don’t want more of these specific businesses, land use decisions can be made case by case, but she wants to see more stringent standards to avoid a lawsuit when the CUP says land use decisions are discretionary.

Councilmember Fuller agreed with Vice Mayor Meadows to look for the best balance between commercial businesses and the community. He expressed support for the buffer and mentioned if businesses do not like it, others will come.

Vice Mayor Meadows commented Oakley will not have public safety without tax revenue and Oakley currently has one of the lowest tax revenue in the County so it is important to bring business here; Oakley doesn’t have developed space but he has seen comparable rents; staff is receiving real feedback from developers like Safeway who are concerned about developing in Oakley when certain decisions are made; developers look at demographics and if they cannot build what they want in Oakley, they will look elsewhere; Oakley doesn’t have a freeway that touches on it like I-5; and many decisions from the past they may not like, but they started 25 years + ago.

Councilmember Higgins opposed more self-storage businesses, suggested moving businesses toward E. Cypress so they are not saturated in old Oakley; and expressed she doesn’t want to see a 4-corner gas configuration at every 4-corner intersection.

Mayor Pope agreed that they need to listen to all residents of Oakley, including those that may want these services; they shouldn’t pick businesses, market analysis will support which businesses come in; he expressed he likes approaching it on a case by case basis but that could be problematic for prospective investors who spend money on development to later have the rug pulled out from under them so he would like to see 16 something in place for developers to know what to expect; and he mentioned they need to look at the future needs of development, not just the present. 8) CLOSED SESSIONS
None.
9) ADJOURN
There being no further business, the meeting was adjourned at 9:32 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
17 STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Ratify Election: Adopt Ordinance No. 05-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 183 within the Oakley Special Police Tax Area for Police Protection Services for the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane
Background and Analysis
On September 8, 2020, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 06-20) for the 3350 Main Street project.

The proposed 0.53-acre project consists of one 10,100 sq. ft. commercial building with associated parking, lighting, and landscaping improvements. The project will be comprised of Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, at buildout. Parcel B currently encompasses existing Assessor Parcel Numbers (APNs) 037- 160-006 and -007 and portions of APNs 037-160-018 and -027.

The Conditions of Approval for the 3350 Main Street project require the property owner to mitigate the financial impact that their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the 3350 Main Street project has requested that the City assist with annexing the project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.

On May 10, 2022, the City Council introduced Ordinance No. 05-22 which would authorize a special tax for police services within Zone 183 subject to property owner voter approval. On June 10, 2022, the City Clerk conducted the property owner election. There was one (1) ballot issued to the property owner representing 3350 Main Street (Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022). The City Clerk tabulated the property owner ballot, and the property owner was in favor of annexing into the Oakley Special Police Tax Area as Zone 183.
18 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 183 to the Oakley Special Police Tax Area. The FY 2021-22 special tax rate for “Commercial Stores – Not Supermarket” parcels is $2,344.24/parcel. (FY 2021-22 rates). Therefore, successful creation of the Zone is expected to provide up to $2,344.24 (in FY 2021-22 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2022-23.

Recommended Action
Staff recommends that the City Council ratify the election and adopt Ordinance No. 05- 22 authorizing the levy of a special tax on parcels of land within Tax Area Zone 183 within the Oakley Special Police Tax Area for Police Protection Services for the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane (Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022).

Attachments
1) One (1) Signed Ballot
2) Ordinance No. 05-22
a. Exhibit A – Boundary Map for Police Tax Area Zone 183 b. Exhibit B – Tax Rate Schedule for Fiscal Year 2021-22 19 20

CITY OF OAKLEY
ORDINANCE NO. 05-22

AN ORDINANCE OF THE CITY OF OAKLEY ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 183 WITHIN THE OAKLEY SPECIAL POLICE TAX

AREA FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE 3350 MAIN STREET PROJECT LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND NORCROSS LANE (EXISTING APNs 037-160-006, -007, AND PORTIONS OF -018 AND -027)
The Voters of the City of Oakley do ordain as follows:

Section 1. Purpose, Intent and Authority.

It is the purpose and intent of this Ordinance to authorize the levy of a special tax on Parcel B of Lot Line Adjustment No. 22-04 dated April 20, 2022 (currently encompasses Assessor Parcel Numbers 037-160-006, -007, and portions of -018 and - 027 of real property on the secured property tax roll of Contra Costa County) that is within Oakley Special Police Tax Area Zone 183 of the Oakley Special Police Tax Area in order to provide funding for police protection to serve the property and persons within said Zone.

This Tax is a special tax within the meaning of Section 4 of the Article XIIlA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Section 4 of this Ordinance), as authorized by law.

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 183.

This Ordinance is enacted pursuant to the authority of Government Code Section 53978.

Section 2. Definitions.

The following definitions shall apply throughout this Ordinance. 21 A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services for the City of Oakley's cost of obtaining police services. The base amount shall be the amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.

B. "Fiscal year" means the period of July 1 through the following June 30.

C. "Oakley Special Police Tax Area" includes all properties within the jurisdictional limits of the City of Oakley.

D. Oakley Special Police Tax Area Zone 183 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.

E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 183, nor any land or improvements owned by any governmental entity.

F. Pursuant to Government Code §53978, "voter" means a person owning real property within the Zone at the time this Ordinance was adopted, as shown on the last equalized assessment role prepared by the Contra Costa County Assessor's Office.

Section 3. Amount and Level of Taxes.

The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below.

A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2021 through June 30, 2022) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
22 B. For Subsequent Fiscal Year:

The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2022 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

In no event shall the tax per parcel for any fiscal year be less than the amount established for the previous fiscal year.

C. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Section 4, below.

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid.

B. Collection.

The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and are to be collected in the same manner in which the County of Contra Costa collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exceptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
i) The secured roll tax bills shall be the only notices required for this tax, and ii) The homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value.

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
23 Section 5. Severability Clause.

If any article, section, subsection, sentence, phrase or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentenced phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause.

Section 6. Effective Date and Posting.

This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on June 10, 2022, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2022. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.

The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on June 14, 2022, by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ______
Libby Vreonis, City Clerk Date
24 N
o
r
c
r
o
s
s
L
n

PARCEL B
Main St
NOTE: PARCELS IDENTIFIED IN MAP

BELOW ARE AS DEFINED BY LOT
LINE ADJUSTMENT LLA 22-04,
DATED APRIL 20, 2022

PARCEL C

PARCEL A PARCEL D

EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 183

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
±
0 100
Feet
Legend
Zone 183 Boundary
Parcel Lines
25 PROPERTY USE

CODE CATEGORY DESCRIPTION
FY20/21 TAX

PER PARCEL
FY21/22 TAX

PER PARCEL
11 Single Family Residence – 1res., 1 site $1,129.10 $1,172.12 12 Single Family Residence – 1 res., 2 or more sites $1,129.10 $1,172.12 13 Single Family Residence – 2 res., on 1 or more sites $1,806.56 $1,875.39 14 Single Family Residence – other than single fam. Land $1,129.10 $1,172.12 15 Misc. Improvements – 1 site $1,129.10 $1,172.12
16 Misc. Improvements – 2 or more sites $1,129.10 $1,172.12 17 Vacant – 1 site $564.55 $586.06
18 Vacant – 2 or more sites $564.55 $586.06
19 Single Family Residence – Det. W/common area $1,129.10 $1,172.12 20 Vacant – Multiple $564.55 $586.06
21 Duplex $1,806.56 $1,875.39
22 Triplex $2,709.84 $2,813.09
23 Fourplex $3,613.12 $3,750.78
24 Combinations $1,129.10 $1,172.12
25 Apartments (5 –12 Units) $4,516.40 $4,688.48
26 Apartments (13 – 24 Units) $11,742.64 $12,190.05
27 Apartments (25 – 59 Units) $22,582.00 $23,442.40
28 Apartments (60+ units) $54,196.80 $56,261.76
29 Attached PUDs: Cluster Homes, Condos, etc. $1,129.10 $1,172.12 30 Vacant – Commercial $564.55 $586.06
31 Commercial Stores – Not Supermarkets $2,258.20 $2,344.24 32 Small Grocery Stores – (7-11, etc.) $3,387.30 $3,516.36 33 Office Buildings $2,258.20 $2,344.24
34 Medical, Dental $2,258.20 $2,344.24
35 Service Stations, Car Wash $2,258.20 $2,344.24
36 Garages $2,258.20 $2,344.24
37 Community Facilities (Recreational, etc.) $4,516.40 $4,688.48 38 Golf Courses $2,258.20 $2,344.24
39 Bowling Alleys $1,129.10 $1,172.12
40 Boat Harbors $2,822.75 $2,930.30
41 Supermarkets – (not shopping centers) $3,387.30 $3,516.36 42 Shopping Centers $4,516.40 $4,688.48
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,129.10 $1,172.12 44 Motels, Hotels & Mobile Home Parks $5,645.50 $5,860.60 45 Theaters $2,540.48 $2,637.27
46 Drive-in Restaurants $1,693.65 $1,758.18
47 Restaurants $1,693.65 $1,758.18
48 Multiple & Commercial $1,693.65 $1,758.18
49 New Car Agencies $1,693.65 $1,758.18
50 Vacant Land (not part of Ind. Park or P. & D.) $423.41 $439.55 51 Industrial Park $3,387.30 $3,516.36
52 Research & Development $1,693.65 $1,758.18
53 Light Industrial $1,693.65 $1,758.18
54 Heavy Industrial $1,693.65 $1,758.18
55 Mini Warehouses (public storage) $3,387.30 $3,516.36 56 Misc. Improvements $3,387.30 $3,516.36
61 Rural, Res., Improvement 1A-10A $846.83 $879.09
62 Rural, w/or w/o structure 1A-10A $846.83 $879.09
70 Convalescent Hospitals / Rest Homes $1,693.65 $1,758.18 73 Hospitals $1,693.65 $1,758.18
74 Cemeteries / Mortuaries $1,693.65 $1,758.18
75 Fraternal & Service Organizations $1,693.65 $1,758.18 76 Retirement Housing Complex $5,645.50 $5,860.60
78 Parks & Playgrounds $3,387.30 $3,516.36
85 Public & Private Parking $1,693.65 $1,758.18
87 Common Area $1,693.65 $1,758.18
88 Mobile Homes $846.83 $879.09
89 Other (split parcels in different tax code areas) $846.83 $879.09 99 Homeowner's Association Owned Common Areas $677.46 $703.27

CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2020-21 in the San Francisco-Oakland-Bay Area Consumer Price 3.81% Index for all Urban Consumers.

The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2021/2022
N:\Oakley\FY21-22\P-6\Excel\FY 2021-22 P-6_rate_inflator_worksheet - FY21-22

Page 1 of 1 ends

10/1/2021
26 DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Award of Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 246
Background and Analysis
The City’s adopted FY 2020/21 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

Each year the pavement conditions change due to wear and tear; and the streets must routinely undergo preventative maintenance to ensure their functionality. The City uses this annual project to perform rehabilitative and preventative maintenance on the public street network through a series of dig-outs, crack sealing, slurry sealing, pavement overlays and removal and replacement of the asphalt surface on streets where it has failed. The project will be completed with the placement of new striping and pavement markings.

The project will include street repair and resurfacing on Miguel Drive and Teixeira Way, Live Oak Avenue, and Brownstone Road. This project compliments the street resurfacing work that has been taking place over the years on the arterial and collector roads in the community.

All these projects not only improve the quality of the streets in the community, but also enhance the quality of life for the residents.

On May 26, 2022, a total of five (5) bids were received and R & R Pacific Construction, Inc. was the lowest bidder for the project at a total cost of $2,390,634.61. The regional economic climate has activated a great deal of construction activity, both in private development and in public works projects. This is reflected in the bids that all agencies are receiving on their projects. Staff will continue to work on implementing the Capital projects for the City of Oakley as effectively as possible, taking economic trends into consideration and strategically executing the bidding and construction of projects in Oakley. The construction of CIP 246 is

STAFF REPORT
Approved and Forwarded to the City Council
27 scheduled to take place during the summer months while schools are closed and as a result, less traffic on the streets.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.

Fiscal Impact
The FY 2020/21 budget has allocated funding from Street Maintenance and Gas Tax Funds, which will fully fund this construction project.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the construction agreement with R & R Pacific Construction, Inc. for an amount not to exceed $2,390,634.61 and authorizing the City Manager to execute the agreement.

Additionally, due to variables associated with construction projects, and to address unforeseen circumstances during construction; staff further recommends that the City Council authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $200,000 for work beyond what is defined in the base project bid.

Attachments
1) Resolution
2) Bid Summary
28 Resolution No. __-22 Page 1
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING AN AGREEMENT WITH R & R PACIFIC CONSTRUCTION, INC.

FOR THE CONSTRUCTION OF CIP NO. 246 – FY 2020/21 STREET REPAIR

AND RESURFACING PROJECT
WHEREAS, Pavement Engineering Inc., prepared the plans, specifications, and estimates for CIP No. 246 – FY 2020/21 Street Repair and Resurfacing Project; and
WHEREAS, the plans, specifications and special provisions were publicly advertised for bidding, with the bid period closing at 2:00 P.M. on May 26, 2022; and
WHEREAS, five (5) total bids were received prior to the close of the bidding process; and
WHEREAS, R & R Pacific Construction, Inc. submitted the lowest responsible bid for a total cost of $2,390,634.61 for the work, and the bid summary is attached as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Agreement with R & R Pacific Construction, Inc. for the FY 2020/21 Street Repair and Resurfacing Project – CIP 246, for an amount not to exceed $2,390,634.61 is approved, and the City Manager is hereby authorized to execute the Agreement and change orders in an amount not to exceed $200,000 as necessary.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 14th of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
29 30
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: A Resolution Calling the Regular General Municipal Election for November 8, 2022 to Elect One (1) Council Member from District 2 and One (1) Council Member from District 4; Requesting the Consolidation of Elections on November 8, 2022; Requesting the County Registrar of Voters to Perform Election Services in Connection with Said Consolidated Election; Setting Specifications of the Election Order; Authorizing the City to Reimburse the Contra Costa County Registrar of Voters for All Costs Associated with Consolidation of the Election; Setting the Word Limit for Statements of Candidacy; Establishing a Filing Fee; Directing the City Clerk to Publish a Notice of Election; Determining the Action Taken in the Event of a Tie; Directing the City Clerk to Forward this Resolution to the Registrar of Voters and the Board of Supervisors of Contra Costa County; and Confirming the Nomination Period (including when and where to obtain and file candidate papers), Hours of Operation of the Polls, No Change in the City Boundary and that State Law is followed for Campaign Contribution Limits
______________________________________________________________________ Background and Analysis
Attached for City Council consideration is a resolution that has been prepared to initiate the process for conducting the City’s General Municipal Election on November 8, 2022.

The resolution calls the election for two City Council seats; requests the Contra Costa County Board of Supervisors to permit consolidation with other elections on November 8, 2022; requests the Contra Costa County Registrar of Voters to conduct the election and authorizes the City to reimburse the County for all election services rendered.

The County Registrar of Voters’ office will conduct services related to the election such as preparing, translating in Spanish and Chinese, printing and mailing sample ballots and voter information pamphlets, providing absentee voter ballots for use by qualified electors, appointing precinct boards and designating polling places, conducting and canvassing the returns of the election, and certifying the votes.

STAFF REPORT
Approved and Forwarded to the City Council
31 In adopting this resolution, the City Council also:

1. Establishes a 250-word limit for candidate’s statements In 2018, the City Council approved 250 words for a candidate statement. Prior to that, it was 200 words. The increase of words was in part driven in response to the rise in cost of candidate statements in 2018 when the ballot became printed in Chinese (in addition to English and Spanish) due to the County’s population growth and corresponding shift in demographics. The Federal Voting Rights Act provides that when 10,000 voters or 5% of the County’s voting age citizens speak a specific language, the language must be included on all election materials. The Department of Justice informed the Contra Costa County Registrar of Voters at the end of 2016 that it had crossed that threshold. The other part was that there was no difference in cost between printing 200 words and printing 250 words as the calculation for cost was based upon columns and margins of space. The City Council approved 250 words for the candidate statement again in 2020. Staff recommends the City Council continue to allow 250 words for candidate statements for the 2022 General Municipal Election. If the City Council allows more than 250 words, the price will double; therefore, staff recommends that the candidate’s statements not exceed 250 words. Candidate statements are optional to file in an election, not mandatory.

2. Establishes an amount for the deposit payable by the candidate upon filing a candidate’s statement
The cost of the 250-word candidate statement is an estimate at this time in the amount of $628.80. This estimate is calculated using the cost of a candidate statement from the 2020 election ($524) and increasing the amount by 20%, the County’s estimated percentage increase for printing costs, due to the current economy. The final estimate will be provided by County Elections in July, prior to the nomination period opening on July 18, 2022. A provision has been included in the resolution to either reimburse or collect from a candidate submitting a candidate statement for any difference in cost.

3. Establishes a $25 filing fee for all candidates to help offset the City’s administrative costs
Elections Code Section 10228 provides that a candidate filing fee may be collected, not to exceed $25, to offset the City’s administrative costs associated with processing election documents.

4. Directs the City Clerk to publish a Notice of Election in the newspaper A Notice of Election will be published in the East Bay Times. The Notice of Election provides the date of the election, the seats available for the election, the terms of the seats, the eligible districts, nominee requirements, when and where nomination papers can be obtained, the word count for candidate statements, and provides that the City Clerk will submit a certificate of facts to the Council should no one or only one nominee file for eligible districts. 32 5. Includes action the City Council would take in the event of a tie vote Elections Code 15651 provides two options to resolve a tie vote: (1) to draw lots or (2) to hold a special runoff election. Staff recommends the option of drawing lots, which is the policy the City Council has adopted for previous General Municipal Elections. Holding a special runoff/stand-alone election can be very costly; it is estimated to cost $8-$12 per registered voter at this time.

6. Directs the City Clerk to forward a certified copy of the Resolution to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.

7. Confirms the nomination period, provides hours of operation for filing and confirms there will no extension of the nomination period for this election.

The filing period for this election is Monday, July 18, 2022 through Friday, August 12, 2022.

The filing period will not be extended for this election as incumbents are ineligible to run in Districts 2 and 4 during this election. Nomination papers may be obtained and filed during regular business hours during days City Hall is open. Anyone wanting to pull or file papers during the filing period should make an appointment with the City Clerk or Elections Officials during regular business hours, Monday through Thursday 8:00 a.m. - 6:00 p.m. and Friday 8:00 a.m. - 5:00 p.m., with the exception of Friday, August 5, 2022, which is a City Hall closure day.

8. Confirms the polls will be open 7 a.m. until 8 p.m. on the day of the election.

9. Confirms the City’s boundary has not changed, but (5) five districts have been established within.

10. Confirms the City has not established campaign contribution limits, but rather follows state law. Currently, the limit is $4,900, effective through December 31, 2022. AB 571 established that beginning January 1, 2021, the state limit would apply as the default if a city had not adopted campaign contribution limits. The matter was heard before the City Council on October 27, 2020, and it decided to take no action to adopt campaign contribution limits to allow the state default limit to apply.

Consistency with the Oakley Strategic Plan 27+
This election is consistent with the Oakley Strategic Plan 27+ Sustainable Organization Goal.

The elected will become part of the City Council that collectively partners and delivers on Oakley’s co-created Strategic Plan 27+.

Fiscal Impact
County Elections confirmed the City of Oakley has 26,243 registered voters and the estimated cost of the election is $2-$3 per registered voter. At the time this staff report was prepared, the number of registered voters in each district could not be entered by County Elections into their system as their system was still processing the June 7, 2022 Primary Election. The recommendation provided to obtain an estimated cost of the election was to divide 26,243 33 registered voters by 5 districts of which number is an estimated 5,249 registered voters per district or approximately 10,500 registered voters for 2 districts providing a cost of approximately $21,000 ($2 per voter) to $31,500 ($3 per voter). The final cost will be determined by County Elections following the election and varies depending upon the number of agencies that consolidate and share in the election costs. $40,000 has been included in the proposed Fiscal Year 2022-2023 Budget for the cost of conducting the election.

Staff Recommendation
Staff recommends the City Council adopt the proposed resolution.

Attachments
(1) Proposed Resolution
34 RESOLUTION NO. ___-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
CALLING THE REGULAR GENERAL MUNICIPAL ELECTION FOR NOVEMBER 8, 2022 TO ELECT ONE (1) COUNCIL MEMBER FROM DISTRICT 2 AND ONE (1) COUNCIL MEMBER FROM DISTRICT 4; REQUESTING THE CONSOLIDATION OF ELECTIONS ON NOVEMBER 8, 2022; REQUESTING THE COUNTY REGISTRAR OF VOTERS TO

PERFORM ELECTION SERVICES IN CONNECTION WITH SAID CONSOLIDATED ELECTION; SETTING SPECIFICATIONS OF THE ELECTION ORDER; AUTHORIZING THE

CITY TO REIMBURSE THE CONTRA COSTA COUNTY REGISTRAR OF VOTERS FOR ALL COSTS ASSOCIATED WITH CONSOLIDATION OF THE ELECTION; SETTING THE WORD LIMIT FOR STATEMENTS OF CANDIDACY; DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF ELECTION; DETERMINING THE ACTION TAKEN IN THE EVENT OF A TIE; AND DIRECTING THE CITY CLERK TO FORWARD THIS RESOLUTION TO THE

REGISTRAR OF VOTERS AND TO THE BOARD OF SUPERVISORS FOR THE COUNTY OF CONTRA COSTA; AND CONFIRMING THE NOMINATION PERIOD (INCLUDING WHEN

AND WHERE TO OBTAIN AND FILE CANDIDATE PAPERS), HOURS OF OPERATION OF

THE POLLS, NO CHANGE IN THE CITY BOUNDARY AND THAT STATE LAW IS

FOLLOWED FOR CAMPAIGN CONTRIBUTION LIMITS
WHEREAS, the current term for two Council Members, elected at-large, will expire in 2022, when the results of the November 8, 2022 General Municipal Election are certified by the City Council of the City of Oakley in December 2022; and WHEREAS, on December 14, 2021, the City Council of the City of Oakley adopted Ordinance No. 10-21 to transition from at-large elections to district-based elections, set the sequencing of district elections, and declared that elections in Districts 2 and 4 will commence in the General Municipal Election of 2022; and
WHEREAS, on December 14, 2021, the City Council of the City of Oakley, by Resolution No. 152-21, adopted a map to reflect the districts by which Council Members shall be elected as required by Section 2.7.003(b) of the Oakley Municipal Code and such map, along with a metes and bounds description, were provided to the Contra Costa County Elections Division; and
WHEREAS, the City Council of the City of Oakley has ordered a regular General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of one (1) Council Member from District 2 and one (1) Council Member from District 4, each for a term of four years, in accordance with the aforementioned City of Oakley City Council Ordinance No. 10-21 adopted December 14, 2021; and
WHEREAS, the City Council desires to have the Contra Costa County Registrar of Voters to render certain services in connection with the election; and 35 WHEREAS, Elections Code Section 10400, et seq., authorizes the City and the County to consolidate elections that may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate; and WHEREAS, Elections Code Section 10002 provides that the City may, by resolution, request the Board of Supervisors to permit the County Elections Official to render specified services to the City related to the conduct of an election and that the City shall reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 provides that before the nominating period opens, the City must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; that the governing body may estimate the cost of printing, handling, translating and mailing candidate’s statements and may require each candidate filing a statement to pay in advance his or her pro rata share of this cost as a condition of having his or her statement included in the voter pamphlet; and WHEREAS, Elections Code 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, Elections Code Section 15651 requires that tie votes shall be determined by lot and that a special runoff election shall be held only if the City Council chooses to adopt the provisions of Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications:

1. The Election shall be held on Tuesday, the 8th day of November 2022. The purpose of the election is to choose successors for the following offices:

Council Member District 2 Term of Four Years
Council Member District 4 Term of Four Years

2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code Section 10002.

3. The City will reimburse the County in full for the actual cost incurred in conducting the election and related services performed upon presentation of a bill to the City by the County Elections Official stating the amount due as determined by the Elections Official.

4. The Candidate’s Statement will be limited to 250 words. As a condition of having the Candidate’s Statement published, the candidate shall pay the cost at the time 36 of filing. The fee for a Candidate’s Statement is estimated at $628.80. Any difference between the estimated cost and actual cost shall be refunded to a candidate should the estimated amount be higher than the actual cost or shall be collected from the candidate should the estimated amount be lower than the actual cost. The cost includes printing, handling, translating and mailing the Candidate’s statements. Candidate’s statements shall comply with the applicable state law and requirements of the Contra Costa County Elections Department.

5. Each candidate will pay a $25.00 filing fee to the City of Oakley at the time of filing.

The filing fee is to offset the City’s administrative costs associated with processing election documents as permitted under Elections Code Section 10228.

6. In accordance with Elections Code Section 12101, the City Clerk shall publish the Notice of Election in the East Bay Times, a newspaper of general circulation that is published daily in the City.

7. The City Council has determined that the action to be taken in the event of a tie vote is as follows: In accordance with Elections Code Section 15651(a), a tie vote shall be determined by drawing lots.

8. The City Council directs the City Clerk to forward a certified copy of this Resolution to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.

9. Pursuant to certain provisions of the California Elections Code, the Board of Supervisors is hereby authorized and directed by the City Council of the City of Oakley to canvass the returns of the election and to direct the Contra Costa County Registrar to conduct all necessary services related to the Oakley General Municipal Election in accordance with the provisions in this resolution and applicable state law.

10.During the Nomination Period, July 18, 2022 through August 12, 2022, prospective candidates can pull and file required nomination papers with the City Clerk or City of Oakley Elections Officials at 3231 Main Street, Oakley, California 94561 during regular business hours: Monday through Thursday (8:00 a.m.-6:00 p.m.) and Friday (8:00 a.m.-5:00 p.m.) except on Friday, August 5, 2022, which is a City Hall closure day. There is no extension of the nomination period for this election as incumbents are ineligible to run in this election for the stated districts.

11.Polls for the election will be open 7:00 a.m. of the day of the election and will remain open continuously from that time until 8:00 p.m. of the same day when the polls will be closed, except as provided in Elections Code Section 14401.

12.The boundary of the City of Oakley has not changed; however (5) five districts have been established within the City of Oakley boundary. The Shapefile district map was provided to County Elections on January 27, 2022, and the metes and bounds description was provided to County Elections on February 3, 2022. 37 13.Campaign contribution limits for candidates in this election shall follow limits set forth by State law.

14.In all particulars not recited in this Resolution, said General Municipal Election shall be held and conducted as provided for by law for the holding of municipal elections in the City of Oakley.

THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Councilmember _____ seconded by Councilmember ________, at a regular meeting on this day of June 14, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
__________________
Randy Pope, Mayor
ATTEST:
____________________ __________________
Libby Vreonis, City Clerk Date
38 DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Resolution Designating Elections Officials to Assist the City Clerk in the November 8, 2022 General Municipal Election
Background and Analysis
At this regular joint meeting of the Oakley City Council / Oakley City Council Acting as Successor Agency to the Oakley Redevelopment Agency meeting of June 14, 2022, it has been recommended to the City Council to call the General Municipal Election in Oakley for November 8, 2022. If the City Council should approve the resolution to call the General Municipal Election in Oakley for November 8, 2022, adequate personnel will need to be available to process nomination papers for such election.

In order to ensure that the City has adequate personnel available to perform this function, staff recommends that the City Council approve designation of additional persons to process nomination papers in the event of the City Clerk’s absence. Elections Code 320(a) provides that an elections official is “a clerk or any person who is charged with the duty of conducting an election”.

Kim Snodgrass has served as an Election Official in the 2012-2020 General Municipal Elections. Diana Kerr has been working in the City Clerk’s Office for over 6 years, has previous experience with election polls, and has provided administrative assistance in the previous two elections. Both employees are knowledgeable regarding the election process and qualified to assist the City Clerk with election-related duties.

Consistency with the Oakley Strategic Plan 27+
The proposed resolution relates to the Sustainable Organization Goal in the Oakley Strategic Plan 27+ in that it provides an opportunity for staff development and growth to serve the needs of the community.

Fiscal Impact
None.

Staff Recommendation
Adopt a Resolution Designating Kim Snodgrass and Diana Kerr as Election Officials to Assist the City Clerk in the November 8, 2022 General Municipal Election.

Attachments

1. Resolution

STAFF REPORT
Approved and Forwarded to the City Council
39 Resolution No. __-22 Page 1 of 1
RESOLUTION NO. ___-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY DESIGNATING

KIM SNODGRASS AND DIANA KERR TO SERVE AS A CITY OF OAKLEY ELECTIONS OFFICIALS FOR THE NOVEMBER 8, 2022, GENERAL MUNICIPAL

ELECTION
WHEREAS, at the meeting of June 14, 2022, the Oakley City Council called the General Municipal Election in Oakley for November 8, 2022; and WHEREAS, Section 10227 of the California Elections Code states that all forms required for nomination and election to all municipal offices shall be furnished only by an elections official; and
WHEREAS, Section 320 of the California Elections Code includes in the definition of “elections official” as the clerk or any other person who is charged with the duty of conducting an election; and
WHEREAS, it is recommended that persons in the City Clerk’s Office other than the City Clerk be available to assist in the nomination process during the upcoming election during any absence of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that Kim Snodgrass and Diana Kerr of the City Clerk’s Office are hereby designated to serve as a City of Oakley Elections Officials for the November 8, 2022, General Municipal Election.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Oakley held on the 14th day of June, 2022 and adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT: APPROVED:
__________________
Randy Pope, Mayor
ATTEST:
______________________ __________________
Libby Vreonis, City Clerk Date:
40 STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of Contract with H & R Plumbing and Drain Cleaning, Inc. for OnCall Storm Drain Inlet and Manhole Cleaning Services for FY 2022/23 and FY 2023/24
Background and Analysis
The City of Oakley has limited in-house resources to be able to address all of the ongoing maintenance needs of the public infrastructure. Outside contractors have been used to supplement City staff in performing maintenance and repair activities. These contract services are used to provide maintenance services across all departments including the storm drain inlet and manhole cleaning services.

With the geographic location of Oakley in the far eastern region of Contra Costa County, there are limited contractors available to perform various maintenance services for the agencies.

Staff has investigated the concept of having On-Call Maintenance Service Agreements that would provide the City with a wide range of maintenance services for various trades. With this approach, staff can supplement in-house resources with outside contractors to expeditiously and professionally provide these services. The award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 8) which provides an exception for competitive bidding “For maintenance and repair of buildings and facilities.” Currently, for all such contract services above the $50,000 amount, the City Council must authorize the work by simple majority per City’s purchasing policy.

Staff has selected H & R Plumbing and Drain Cleaning, Inc. to be a part of the team of contract resources that would be utilized by staff in providing storm drain inlet and manhole cleaning and flushing services. The City of Oakley has the responsibility for maintenance of nearly 3,000 storm drain inlets and manholes. Many of these inlets and manholes are very deep and require special machinery capable of high-flow vacuum and high-pressure water jetting systems needed for cleaning and servicing that the City does not have such in-house resources.
41 H & R Plumbing and Drain Cleaning, Inc. is a full-service company that specializes in large scale commercial storm drain service work. This company has large equipment capable of jetting, vacuuming, and excavating services.

They have been successfully provided emergency service for the City over the past year and have performed very well. They have been extremely responsive to various service requests. The immediate accessibility of H & R Plumbing and Drain Cleaning, Inc. is very valuable to the City and a factor in their selection as the vendor of choice to provide this maintenance service.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Finance and Fiscal responsibility goals.

Fiscal Impact
Approval of this resolution will authorize the City Manager to execute the On-Call Services Agreement with H & R Plumbing and Drain Cleaning, Inc. for FY 2022/23 and FY 2023/24. Funding will be included in the Public Works Operation Budget for the respective fiscal years.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving an On-Call Services Agreement with H & R Plumbing and Drain Cleaning, Inc. for FY 2022/23 and FY 2023/24 and authorize the City Manager to execute an agreement. If at the end of the term of the agreement, the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2026.

Attachments

1. H & R Plumbing and Drain Cleaning, Inc. proposal

2. Resolution
42 H&R Plumbing and Drain Cleaning, Inc. dba H&R Underground 4221 Appian Way
El Sobrante, CA. 94803
(510)222 5556
May 25, 2022
Mr. Kevin Rohani
Public Works Director/City Engineer
City of Oakley
3231 Main St
Oakley, CA. 94561
Mr. Rohani,
We at H&R Plumbing and Drain Cleaning, Inc would like to thank you for giving us the opportunity to work for you and The City of Oakley CA. in the last project, we have been working for Iron House Sanitary District for close to ten years in projects such as rehab manholes wet well and grouting. We like to offer our serviced for Manholes assessment, grouting to stop infiltration and restorations, on the drain pipes we can do CCTV inspections using NASSCO certify software and state of the art crawler camera equipment, we also are certify by NASSCO as PACT/LACP & MACP user. We offer grouting in the pipe joints to eliminate all infiltration also we do spot repair on the pipes to fix broken or crack pipes all this services mentioned are trench lees and we do not need to by pass or damage any street surface.

We have been in business for over 16 years in the state of California and we do most of our work for cities and Municipalities thought the state of California.

The city of Oakley and Iron House have trusted H&R Plumbing and Drain Cleaning, Inc. with many project such as rehab for manholes, CCTV storm lines and eliminate infiltration at various locations.
43 We at H & R Plumbing and Drain Cleaning we like to continue providing specialized services on a different projects as need it with the results that the project demands. Feel free to contact us for any questions (510)222-5556 or [email protected] Sincerely
Horacio Franco
H&R Plumbing and Drain Cleaning, Inc.
44 Resolution No. - 22
RESOLUTION NO. - 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

APPROVING THE ON-CALL SERVICES AGREEMENT WITH H & R PLUMBING AND DRAIN CLEANING, INC. FOR ON-CALL STORM DRAIN INLET AND

MANHOLE CLEANING SERVICES AND AUTHORIZING THE CITY MANAGER

TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Oakley Public Works and Engineering Department frequently seeks repair and maintenance services for City owned facilities; and WHEREAS, the City of Oakley does not have in-house resources for providing specialty storm drain and manhole cleaning and maintenance services; and WHEREAS, H & R Plumbing and Drain Cleaning, Inc. has provided satisfactory, economical and prompt services to the City of Oakley for past year, and now they have proposed to continue to provide these services; and WHEREAS, the award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 8) which provides an exception for competitive bidding “For maintenance and repair of buildings and facilities”; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the On-Call Storm Drain Inlet and Manhole Cleaning Services Proposal attached hereto as Exhibit A with H & R Plumbing and Drain Cleaning, Inc. for FY 2022/23 and FY 2023/24 is hereby approved and the City Manager is authorized to execute an agreement.

BE IT FURTHER RESOLVED AND ORDERED, if at the end of the term, the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2026.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 14th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:
45 Resolution No. - 22
APPROVED:

___________________
ATTEST: Randy Pope, Mayor
Libby Vreonis, City Clerk Date
46 STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of Contract with Strike Doors, LLC for On-Call Electrical Gate and Door Maintenance Services and Repair for FY 2022/23 and FY 2023/24 Background and Analysis
The City of Oakley has limited in-house resources to be able to address all of the ongoing maintenance needs of the public infrastructure and facilities. Outside contractors have been used to supplement City staff in performing maintenance and repair activities. These contract services are used to provide maintenance services across all departments including the electric gate and door maintenance, troubleshooting and repairs.

With the geographic location of Oakley in the far eastern region of Contra Costa County, there are limited contractors available to perform various maintenance services for the agencies.

Staff has selected Strike Doors, LLC to be a part of the team of contract resources that would be utilized by staff in providing electrical gate and door maintenance services for the Civic Center, Recreation Center, and Public Works Operations Building electric doors and gates.
47 Strike Doors, LLC is a contractor that specializes in automatic electric door and gate service, installation, and maintenance. They have been successfully provided emergency door and gate service for the City of Oakley. They have performed very well and have been extremely responsive to various service requests. The immediate accessibility of Strike Doors, LLC to provide electric door and gate maintenance service is very valuable to the organization and a factor in their selection as the vendor of choice to provide this maintenance service. The electric doors and gates at the Police Department, Recreation Center, City Hall, and Public Works Operations Building are critical to the access to the facilities.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Finance and Fiscal responsibility goals.

Fiscal Impact
Approval of this resolution will authorize the City Manager to execute the On-Call Services Agreement with Strike Doors, LLC for FY 2022/23 and FY 2023/24.

Funding will be included in the Public Works Operation Budget for the respective fiscal years.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving an On-Call Services Agreement with Strike Doors, LLC for FY 2022/23 and FY 2023/24 and authorize the City Manager to execute an agreement. If at the end of the term, the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2026.

Attachments

1. Strike Doors, LLC proposal

2. Resolution
48 February 10, 2022
[email protected] License No. 1032968 1-800-658-2839 1-800-658-2839
Complete Door Service
www.StrikeDoors.com
[email protected]
Fax: (530) 693-4373
License No. 1032968
Dir No. 1000058454
Re: Public Notice – Oakley California
Attn: Public Works & Engineering
Strike Doors LLC, Contractors State License Board (CSLB) #1032968, is a commercial only door servicing company who services a 100-mile radius of Sacramento, CA.

We have a walk-in office and warehouse located at 4237 S Market Ct., Ste. E, Sacramento, CA 95966. Our office and warehouse location is for storage and daily operations with our official mailing address for notices and correspondences being sent to 18 Rosita Way, Oroville, CA 95966.

Strike Doors LLC holds the following classifications with CSLB:
➢ C61/D28: Doors, Gates, and Activating Devices
➢ C61/D21: Machinery and Pumps
➢ C17: Glazing
With the beforementioned classifications, we can perform routine services, repairs, and installs of all manners of man-doors, overhead doors, gates, dock levelers, and storefront door systems. For more info on our available services, please visit: www.strikedoors.com.

Feel free to contact me with any questions or if additional information is required.

With Kind Regards,
Lo Saephan
Operations Manager
916-533-6982
[email protected]
Serving All of Northern CA
49 Resolution No. - 22
RESOLUTION NO. - 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

APPROVING THE ON-CALL SERVICES AGREEMENT WITH STRIKE DOORS,

LLC FOR ON-CALL ELECTRICAL GATE AND DOOR MAINTENANCE AND

REPAIR SERVICES TO CITY OWNED FACILITIES AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Oakley Public Works and Engineering Department frequently seeks repair and maintenance services for City owned facilities; and WHEREAS, the City of Oakley does not have in-house resources for providing specialty electrical gate and door repair and maintenance of the city facilities; and WHEREAS, Strike Doors, LLC has provided satisfactory, economical and prompt electrical gate and door maintenance and repair services to the City of Oakley for past 2 years, and now they have proposed to continue to provide these services; and
WHEREAS, the award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 8) which provides an exception for competitive bidding “For maintenance and repair of buildings and facilities”; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the On-Call Electrical Gate Maintenance and Repair Services Proposal attached hereto as Exhibit A with Strike Doors, LLC for FY 2022/23 and FY 2023/24 is hereby approved and the City Manager is authorized to execute an agreement.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 14th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:
50 Resolution No. - 22
APPROVED:

___________________
ATTEST: Randy Pope, Mayor
___
Libby Vreonis, City Clerk Date
51 STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of Subdivision Improvement Agreement and Final Map for Ranchettes at Neroly Subdivision 9284 (Located at the southeast corner of Oakley Road and Neroly Road)
Background and Analysis
On March 3, 2018, Cyrus Land Investments, LLC requested approval of Tentative Map 01-18 to subdivide the 7.14-acre property into 13 lots. The project site is located at the southeast corner of Oakley Road and Neroly Road (APN’s: 041-080-001 and 041-080- 002)
On September 11, 2018, the City Council approved the Vesting Tentative Map 9284 for the subdivision “The Ranchettes at Neroly” with resolution 111-18.

Ranchettes at Neroly, LLC, a California limited liability company (Developer) has now requested approval by the City Council for the recordation of the final map for Subdivision 9284 Ranchettes at Neroly.

In order to satisfy all remaining conditions of approval, the applicant has requested that the City enter into a Subdivision Improvement Agreement.

The City Engineer and City Surveyor have reviewed the tentative map approval documents and the final map, and have found the map to be technically correct, in substantial compliance with the conditionally approved tentative map and all final map conditions of approval have been met (or are being secured by way of this agreement).

Consistency with the Oakley Strategic Plan 27+
The approval of this development project for this subdivision is consistent with the City of Oakley Strategic Plan 2022-2027+ goals to promote community health and safety by securing safe streets that are welcoming to motorists, cyclists, and pedestrians.

Fiscal Impact
There is no fiscal impact associated with this action.
52 Staff Recommendation
Staff recommends that the City Council adopt the Resolutions authorizing the City Manager to execute the Subdivision Improvement Agreement and approving the Final Map for Subdivision 9284 Ranchettes at Neroly.

Attachments
1) Vicinity Map
2) Resolution Approving the Final Map titled Subdivision 9284 Ranchettes at Neroly
3) Resolution Approving the Subdivision Improvement Agreement 4) Subdivision Improvement Agreement (SIA)
5) Reduction of Subdivision 9284 Ranchettes at Neroly Final Map 53 APN 041-080-002
APN 041-080-001
Oakley Rd
Neroly
R
d
N
eroly
R
d
Almondwood Pl
Sand
y
Ln
Oakley Rd Oakley Rd Oakley Rd
Subdivision 9284 Ranchettes at Neroly
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community, Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
CityLimit
Curbs
OakleyParcelsPublic
5/31/2022, 6:12:39 PM 0 0.01 0.03 0.06 mi
0 0.02 0.04 0.09 km
1:2,257
City of Oakley
Maxar | Esri Community Maps Contributors, City of Antioch, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA | 54 Resolution No. __-22
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE FINAL MAP OF SUBDIVISION 9284 THE RANCHETTES AT

NEROLY SUBDIVISION
WHEREAS, On March 3, 2018, Cyrus Land Investments, LLC requested approval of Tentative Map 01-18 to subdivide the 7.14-acre property into 13 lots.

The project site is located at the southeast corner of Oakley Road and Neroly Road (APN’s: 041-080-001 and 041-080-002); and,
WHEREAS, On September 11, 2018, the City Council approved the Vesting Tentative Map 9284 for the subdivision “The Ranchettes at Neroly” with resolution 111-18; and,
WHEREAS, Ranchettes at Neroly, LLC, a California limited liability company (Developer) has now requested approval by the City Council for the recordation of the final map for Subdivision 9284 Ranchettes at Neroly; and WHEREAS, the City Engineer has determined that the conditions of approval for the project have been satisfied; and
WHEREAS, the City Surveyor has determined that the final map attached hereon as Exhibit A is technically correct.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the final map labeled “Subdivision 9284 Ranchettes at Neroly”, as prepared P/A Design Resources, Inc. be approved.

PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 14th day of June 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_________________________
Randy Pope, Mayor
ATTEST:
_______________________
Libby Vreonis, City Clerk Date
55 Resolution No. __-22 Page 1
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
RANCHETTES AT NEROLY, LLC FOR SUBDIVISION 9284 RANCHETTES AT

NEROLY AND AUTHORIZING THE CITY MANAGER TO SIGN THE

AGREEMENT
WHEREAS, the City Council of the City of Oakley, California, wishes to enter into a Subdivision Improvement Agreement with Ranchettes at Neroly, LLC for the development of a residential subdivision known as Subdivision 9284 Ranchettes at Neroly; and
WHEREAS, this agreement will require the developer to complete $140,511.46 for Grading, $637,441.60 for Public Improvements, and $44,400.00 for Landscaping, in accordance with the project conditions of approval and City standard construction design.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the Subdivision Improvement Agreement with Ranchettes at Neroly, LLC is hereby approved, and the City Manager is hereby authorized to execute the Subdivision Improvement Agreement for the development of Subdivision 9284 Ranchettes at Neroly in the form attached hereto as Exhibit A is made part of this resolution.

PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 14th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

_______________________
ATTEST: Randy Pope, Mayor
______
Libby Vreonis, City Clerk Date
56

Page 1 of 18 ends

CITY OF OAKLEY

SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 9284
This agreement is made and entered into this 14th day of June 2022 by and between the City of Oakley, a municipal corporation, hereinafter referred to as "CITY", and Ranchettes at Neroly, LLC, a California limited liability company, hereinafter referred to as "DEVELOPER".

R E C I T A L S
WHEREAS, it has been determined by the City Council of the City of Oakley, State of California, that DEVELOPER, the subdivider of Subdivision 9284, desires to improve and dedicate those public improvements (hereafter “The Improvements”) required by the conditions of approval for the project as adopted by the City of Oakley City Council via Resolution Number 111-18 in accordance with the requirements and conditions set forth in approvals, the requirements of the Subdivision Map Act of the State of California, and those certain plans and specifications for said development approved by CITY and titled Subdivision 9284 The Ranchettes at Neroly Grading Plans and Improvement Plans as prepared by P/A Design Resources, Inc. and Landscape Plans prepared by RW Stover & Associates, Inc. now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, DEVELOPER and CITY acknowledge that not all conditions of approval (“COA”) contained in Resolution Number 111-18 have been satisfied, but nevertheless, DEVELOPER desires to file a final map. The satisfaction of all COA are the subject of this Agreement. DEVELOPER’s agreement to satisfy all COA and construct the Improvements identified in the aforementioned COA is a material part of the consideration for this Agreement; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement:

NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows:

1. Improvements.

DEVELOPER agrees to install the road improvements (both public and private), sewer and drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required as conditions of approval of Tentative Map 9284 as set forth in Exhibit A to this Agreement, which is incorporated herein as if set forth at this point, or as otherwise required in the 57

Page 2 of 18 ends

subdivision ordinance, including without limitation all Improvements identified in the COA’s. In the event that any provision of this Agreement conflicts with the provisions of Exhibit A the provisions of Exhibit A shall prevail to the extent that the conflicting provision in Exhibit A requires a greater or more extensive improvement or expenditure, or to the extent that that provision extends DEVELOPER’s obligations over a greater period of time than the specific provision set forth herein. Such improvements shall also be made in conformance with the City of Oakley Municipal Code and Contra Costa County Ordinance Code as adopted and enforced by the City of Oakley.

DEVELOPER will commence construction of The Improvements within 30 days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than 12 months following said date of execution in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City of Oakley Municipal Code and Contra Costa County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the City Municipal Code or County Ordinance Code, the stricter requirements shall govern. It is understood that the City of Oakley was incorporated effective July 1, 1999, and as such continues to rely on certain laws, ordinances and design standards of the County of Contra Costa. References herein to the County Code or County Ordinance Code are understood to refer to such ordinances and codes as if adopted by the City of Oakley.

Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications.

2. Estimated Cost of Improvements and Possible Future Cash Deposit.

The estimated cost of constructing The Improvements required by this Agreement as adjusted for inflation is agreed to be $637,441.60 for Public Improvements, $140,511.46 for Grading and $44,400.00 for Public Landscaping. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured.
58

Page 3 of 18 ends

3. Bonds Furnished.

Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in the forms specified in Government Code sections 66499.1 and 66499.2 or in a form satisfactory to the CITY Attorney if different from said Government Code forms:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. A minimum of one percent (1%) of the security shall be a cash deposit.

b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to fifty percent (50%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor.

c. If required by CITY, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways.

CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. DEVELOPER may request that portions or all of the bonds may be substituted by other parties in the event that portions or all of the Subdivision is sold to other parties, and such substitution shall not be unreasonably withheld by CITY.

4. Prevailing Wage.

CITY has determined that construction of The Improvements falls within the definition of “public works” set forth in California Labor Code Section 1720. Subject to any amendments to Labor Code Section 1720 et seq., DEVELOPER shall comply with Labor Code Section 1720 et seq., shall comply with the provisions set forth in Exhibit B and shall ensure that any contractors and subcontractors comply with the provisions of Exhibit B. DEVELOPER shall waive, indemnify, hold harmless and defend CITY concerning any liability arising out of Labor Code Section 1720 et seq. 59

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5. Insurance Required.

Concurrently with the execution hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required in this paragraph and as set forth in Exhibit C, and such insurance shall have been approved by the Finance Director of CITY, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Finance Director, all insurance required under this paragraph and as set forth in Exhibit C, evidenced herein as Exhibit D, and such insurance shall have been approved by the Finance Director of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

6. Work Performance and Guarantee.

Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the oneyear guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year to insure that such defects have actually been corrected.

In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. 60

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The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.

If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs.

7. Inspection of the Work.

DEVELOPER shall guarantee free access to CITY through its City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications.

8. Agreement Assignment.

This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.

9. Abandonment of Work.

Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.

If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.

In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take 61

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over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor.

All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to CITY shall be addressed as follows:

City Manager and City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
Notices required to be given to DEVELOPER shall be addressed as follows:

Attn: Jacqueline M. Seeno
Ranchettes at Neroly, LLC
4021 Port Chicago Highway
Concord, CA 94520
Notices required to be given surety of DEVELOPER shall be addressed as follows:

Attn:

Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37122
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

Concurrently with the execution of this Agreement, DEVELOPER has executed and has caused to be acknowledged an abstract of this Agreement. DEVELOPER agrees CITY may record said abstract in the Official Records of Contra Costa County.

10. Use of Streets or Improvements.

At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or 62

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occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety.

11. Safety Devices.

DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly.

12. Acceptance of Work.

Upon notice of the completion of the work covered by this agreement and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. CITY reserves the right to not accept the work until all construction activities, including those related to building construction, within the project boundaries has been completed.

13. Patent and Copyright Costs.

In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication.

14. Alterations in Plans and Specifications.

Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California.
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15. Liability.
a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and hold harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and
obligations hereunder; provided as follows:

1. That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid
hold harmless agreement, because of the acceptance by
CITY, or the deposit with CITY by DEVELOPER, of any of
the insurance policies described in Paragraph 4 hereof.

2. That the aforesaid hold harmless agreement by
DEVELOPER shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations
referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for
damages.
b. Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the
course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said
design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful
Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required.
c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action 64

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seeks damages for breach of this Agreement or seeks to
specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney’s fees and costs in any action against DEVELOPER’s surety on the bonds provided under
paragraph 3.

16. Recitals.

The foregoing Recitals are true and correct and are made a part hereof.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Oakley, California, the day and year first above written.

CITY OF OAKLEY
By:
_______________________
Joshua McMurray
City Manager
APPROVED AS TO FORM:

Derek P. Cole
City Attorney
ATTEST:
_________________________
Libby Vreonis, City Clerk

DEVELOPER
By:______________________________
Ranchettes at Neroly, LLC
Jacqueline M. Seeno, Manager
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Exhibits: Exhibit A – City of Oakley, City Council, Resolution No. 111-18 Exhibit B – Prevailing Wage
Exhibit C - Insurance Requirements
Exhibit D - Verification of Required Insurance
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EXHIBIT A
(RESOLUTION No. 111-18)
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EXHIBIT B

PROVISIONS REQUIRED FOR PUBLIC WORKS PROJECTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

The Developer will ensure that any contract issued by the Developer or any privities of the Developer concerning the Improvements includes, and requires the parties to such contract to comply with, all applicable provisions contained in this Exhibit A and any other applicable requirements contained in California Labor Code Section 1720 and following.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Services shall constitute a legal day’s work under this Agreement.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in construction of the Improvements is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Developer and its contractors and subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the construction of the Improvements for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Improvements are to be constructed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Engineer’s office and shall be made available on request. The Developer, and contractors and subcontractors engaged in the construction of the Improvements shall pay no less than 84

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these rates to all persons engaged in construction of the Improvements.

B. In accordance with Labor Code Section 1775, the Developer and any contractors and subcontractors engaged in construction of the Improvements shall comply with Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker engaged in the construction of the Improvements who the Developer or any contractor or subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Developer, contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Developer, contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Developer, contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Developer, contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Developer, contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate.

If a subcontractor worker engaged in construction of the Improvements is not paid the general prevailing per diem wages by the subcontractor, subject to applicable law, the prime contractor is not liable for any penalties therefore unless the prime contractor had knowledge of that failure or unless the prime contractor fails to comply with all of the following requirements:

1. Any agreement executed between the Developer and a contractor or a contractor and a subcontractor for the construction of part of the Improvements shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of any subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for construction of the Improvements.

4. Prior to making final payment to the subcontractor, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general 85

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prevailing rate of per diem wages employees engaged in the construction of the Improvements and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Developer and each contractor and subcontractor engaged in construction of the Improvements, shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in construction of the Improvements. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any services performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the prime contractor, on behalf of the Developer and any contractors or subcontractors engaged in construction of the Improvements, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Developer or any contractor or subcontractor engaged in construction of the Improvements to employ on the construction of the Improvements any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Developer, contractor or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
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EXHIBIT C

INSURANCE REQUIREMENTS

CONSTRUCTION CONTRACTS

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $10,000,000)

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

6. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Contractor shall procure and maintain for the duration of the contract, and if Contractor has a claims-made policy, Contractor shall maintain for two years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide notice will be provided to City in the event that the policy is terminated. Contractor shall immediately notify City of any insurance cancellation or termination and shall provide replacement insurance policy documentation to the City.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mod exclusion, and the definition of Pollution shall include microbial matter, including mold.
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Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

Worker’s Compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price.

If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 89

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EXHIBIT D

VERIFICATION OF INSURANCE
90 91
92 93
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96 97
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Alternative Alignment for the Extension of Laurel Road from Teton Road to Sellers Avenue, CIP 273
_____________________________________________________________________ Background and Analysis
The City’s General Plan and its Circulation section outlines the transportation network for the community and one of the key projects that will enhance the City’s transportation network is the extension of Laurel Road from Teton Road to Sellers Avenue. This roadway extension will provide a major east/west connection from sections of far east Oakley to Highway 4.

Laurel Road currently ends at Teton Road which will be extended in an easterly direction across the railroad tracks towards Sellers Avenue, which will ultimately have a new signalized intersection with the new Laurel Road. The design and construction of the Laurel Road extension is complex and will take several years to accomplish. This project involves construction of an overhead grade separation at the Burlington Northern Santa Fe (BNSF) railroad tracks and its retaining walls. As part of this project, new Right of Way must be acquired to accommodate the new Laurel Road extension from BNSF railroad tracks to Sellers Avenue.

The City Council as part of the mid-year FY 2021/22 budget adjustment allocated funding to start the preliminary engineering work on this project and subsequently the consulting firm of Quincy Engineering, Inc. was hired to perform an alternative alignment study and evaluation of feasible alignments to extend Laurel Road to Sellers Avenue.

Staff has worked with the design team to sort out the complex design issues while recognizing the existing site constraints. The design team developed several alternatives for the extension of Laurel Road, and staff narrowed the alternatives down to the two most practical and feasible options. Both alternatives include: an overhead grade separation, retaining walls, reconfiguration of the County Flood District drainage basin, right-of-way acquisition, and permit processing through BNSF and the County. Each

STAFF REPORT
Approved and Forwarded to the City Council
98 alternative alignment has its own pros/cons which were evaluated by staff before making the final recommendation of the preferred alignment alternative.

Staff and the design team determined after the evaluation of the alternatives that Alternative Alignment 2 is best suitable for this project, as it would have the best horizontal and vertical alignment, smallest footprint for the bridge, associated retaining walls and right of way impacts, which in turn presents the lower cost for the project, and least visual impact to neighboring houses.

The estimated cost for the design and construction of Alternative Alignment 1 is approximately $43M and for Alternative Alignment 2, it is approximately $38M in today’s dollars. These estimated costs include conservative contingency cost escalations and should only be used for budgeting purposes. The cost estimate will be refined in coming years once the design of the project is further along, and the details of the project are analyzed and designed.

Upon selection of the recommended alternative alignment, the design of the project will start in fall 2022 by outlining the right of way requirements of the project which will be followed up by meeting the property owners that the new roadway will cross their land to explain project details and begin the right of way acquisition process. As the design progresses, staff will be working with BNSF and County to apply for and secure permits for the project in addition to design coordination.

The execution of this project will span several years considering its complexity and magnitude. Staff will investigate any grant funding opportunities to fund the construction of this project to supplement local funds that are allocated for this project.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goal.

Fiscal Impact
There is no direct fiscal impact associated with this report and selection of roadway alignment. Staff will provide further updates to the City Council in coming months and years as the project moves through its design process.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the selection of Alternative Alignment 2 as the preferred alignment for the extension of Laurel Road from Teton Road to Sellers Avenue as shown in the exhibit prepared by Quincy Engineering, Inc. and authorize staff to proceed with design of the project.

Attachments
1) Alternative Alignment Study
2) Resolution
99 1
City of Oakley- Laurel Road Extension Precise Alignment Study

CITY OF OAKLEY, LAUREL ROAD EXTENSION

DRAFT PRECISE ALIGNMENT STUDY
by Quincy Engineering
May 27, 2022

INTRODUCTION/BACKGROUND
Laurel Road in the City of Oakley is an east-west arterial that currently runs from State Route 4 on the west side of the City to its current terminus at Teton Road on the east side of Oakley. The City intends to extend Laurel Road easterly across the BNSF double-tracks to a new terminus at Sellers Avenue, which is the City boundary on the east side of the City. The distance from Teton Road to Sellers Avenue is approximately 2,650 feet.

The goal of this study is to analyze viable alternatives and provide comparable cost estimates so that the City can plan and provide budget to include the Laurel Road Extension in a future Capital Improvement Plan.

In 2005, Harris & Associates (Harris) prepared a previous alignment study for the City which included similar alignment alternatives compared to the Alternatives presented herein. The previous study was essentially shelved by the City with no further action taken. This alignment analysis is based on similar alignments with modifications based on City input. For instance, we are not including Harris’s most northerly alignment (Harris Alternative B) because it was considered unviable by City staff. Harris had also included a railroad undercrossing variation for their Alternative C alignment, but that alternative was dismissed by the City because it is deemed by City staff as too expensive to construct and maintain.

PURPOSE AND NEED TO EXTEND LAUREL ROAD
The reason for the extension is two-fold:
a. To provide an additional east-west route through the City for autos, bikes and pedestrians (in addition to the existing east-west routes provided by Delta Road and East Cypress Road). b. To provide access to future developments to the east side of the BNSF tracks.

ALIGNMENT STUDY
See attached eleven plan sheets X-1 through Alternative 2 Planning Study for typical cross sections, layouts, profiles and superelevations, and structures details.

Roadway Cross-Section- see enclosed typical cross sections The project would provide two 12 foot wide lanes in each direction with a raised, 12 foot wide paved median with trees, 6 foot bike lanes with 2 foot buffers and 8 foot sidewalks on both sides of the road.

Each alternative alignment utilizes the same cross section. 80 feet width curb to curb with an overall right of way width of 106 feet. Right of way needs would incorporate the full roadway width plus the embankment widths, embankment rights are presumed with this design to be accomplished with slope easements on adjacent private properties. The current alternatives cross-sections include 6 feet bike lanes and 2 feet buffers in each direction, which are added elements compared to the 2005 alternatives. 100
2 City of Oakley- Laurel Road Extension Precise Alignment Study Alignment Alternatives Development
Laurel Road Extension alignment is fully constrained on the west end at the Teton Street/Laurel Road intersection.

The City requested that Center of ROW on east end follow the same alignment as the property lines for the lots on the east side of the railroad right of way in order to provide an equitable approach to impacts of property acquisitions required of those property owners.

Bridge Alternatives Development
The bridge length is a primary driver of project cost. Structure type selection, in general, seeks to find the optimal balance between physical constraints, Owner needs, stakeholder requirements, public input and controlling design criteria. The bridge alternatives were developed considering the following combination of project constraints:

1. The overall bridge length is a function of:
• The horizontal alignment of Laurel Road Extension (skew angle to the RR tracks) • Railroad right of way 27 feet horizontal clearance for intermediate supports (piers) vs.

Abutments completely outside of the Right-of-Way
• Abutment Height: Tall abutments require wider footings which must stay out of RR ROW • Differential Settlement: Taller approach embankments will have higher settlement relative to the overcrossing structure. A longer bridge would allow for shorter embankments with less weight and less differential settlement.

2. The overall bridge height is a function of:
• Railroad vertical clearance
• Roadway Vertical curve design criteria
• Roadway horizontal curve radius (smaller radii require higher superelevation cross slope) • Bridge span length will control structure depth
• Structure Type
Approach Roadway MSE Embankment Development:
• MSE walls would avoid ROW impacts to residences at the southwest portion of the project • MSE walls (in lieu of side slopes) would limit the total right-of-way needs • MSE Walls have a high visual impact to nearby residences on the west side of the alignment • Having the east end of the alignment straddle the property lines per City instruction • If used, MSE Walls will need to be constructed on both the east approach and the west approach to limit the amount of differential settlement.
101
3 City of Oakley- Laurel Road Extension Precise Alignment Study Design Criteria
After discussion with City, the following design parameters were used to develop the alignment alternatives.

GENERAL PROJECT INFORMATION
Current ADT/
Future ADT
Not provided
Terrain Flat
Street Type/
Functional
Classification
4 Lane minor arterial with bike lanes and sidewalks (Proposed – existing conform is a local road)
Plans to change
Classification in the
Future
No
Designated Bicycle or
Pedestrian Facility?
Address ADA
requirements
Yes, bike lanes and sidewalks, must be ADA compliant
Construction
Year/Design Year
(20-years from
construction)
2024/2044
Funding Source (Provide Fed/State/Local Agency Project #’s if available) Local only, so far. City CIP
ROAD Laurel Road
Criteria
Local
Standards
City of
Oakley
AASHTO
Greenbook
Guidelines
(2018)
Caltrans
Standards
(HDM 6th
Edition)
Proposed
Standard
Comments
(Note here if a
design exception
is needed)
Design
Speed 45mph 30-55 mph
(7.3.2.1) 45mph
Posted speed is
35mph. Client
requested 45mph
design speed
Traffic
Index - TBD TBD for final design
R value - TBD TBD for final design
Structural
Section -
6” HMA /

1.5’ AB (CL
2)
Assumed
102
4 City of Oakley- Laurel Road Extension Precise Alignment Study Criteria
Local
Standards
City of
Oakley
AASHTO
Guidelines
(2018)
Caltrans
Standards
(HDM 6th
Edition)
Proposed
Standard
Comments
(Note here if
a design
exception is
needed)
Lane Width 12’ 12’
Outside
Shoulder Width none
6’ Bike
lane (see
below)
Median
Shoulder Width none
No striped
median
shoulder
Min Width of
Traveled Way
(each lane)
12’ 12’
Distance from
Edge of
Shoulder to
Hinge Point
Assume 2’
back of
swk to HP
Assume 4’
back of
swk to HP
Side Slopes
(Cut/Fill)
Assume
2:1
Assume
2:1
Bicycle Lane
Width
6’ with 2’
buffer
6’ with 2’
buffer
Median Width 12’ raised
median
12’ raised
median
with trees
Sidewalk
Width
8’, both
sides 5’
8’, both
sides
4” PCC / 4” AB
(CL 2)
Curb/Gutter
Width 2’-1” 2’-1”
See City
standard plan
C-01
Min. Stopping
Sight Distance
Assume
AASHTO
360 (Table 7-
1) 360
Vertical
Grades
(Min/Max)
Assume
AASHTO

0.3% to 6%
(Table 7-4a) 0.5% to 6%
Min. K value
for: CREST
SAG
Assume
AASHTO
61crest(Fig 3-
36)
79 sag (Fig 3-
37)
61crest(Fig
3-36)
79 sag (Fig
3-37)
Min. Vertical
Curve Length
Assume
AASHTO
Sight Dist
Criteria Eqn
3-44 & 3-45
Sight Dist
Criteria
Eqn 3-44 &
3-45
Min. Horizontal
Curve Radius
Assume
AASHTO
643’ w/ 6%
super (Table
3-7)
643’ w/ 6%
super -
103
5 City of Oakley- Laurel Road Extension Precise Alignment Study Criteria
Local
Standards
City of
Oakley
AASHTO
Guidelines
(2018)
Caltrans
Standards
(HDM 6th
Edition)
Proposed
Standard
Comments
(Note here if
a design
exception is
needed)
1039’ max
comfort w/
NC and
friction
course
(Table 3-13)
6480’ max
comfort
w/NC (Table
3-9)

STANDARD
(Table 3-7)
1039’ max
comfort
w/ NC
and
friction
course
(Table 3-
13)
6480’ max
comfort
w/NC
(Table 3-9)
Maximum
Superelevation
(emax)
Assume
AASHTO 6% (3.3.3.2) 6%
Normal Cross
Slope
2% min
(Std Plan
X-01)

1.5 – 3%
(7.3.2.8) 2%
See City
standard plan
X-01
Pavement
Corner Radii - 30’ Use truck turn
as guide
Minimum
Corner Sight
Distance at
Intersections
-
TBD based on
proposed
intersection
control
Clear Zone
Width -

1.5’ min
lateral
offset(7.3.4.2)

1.5’ min
lateral
offset
Minimum Right
of Way Width
128’ (Std
Plan X-01) 106’
Proposed
standard per
previous study
was 98’
Drainage
Design Storm
TBD
Minimum
Culvert
Diameter
TBD
Allowable
Spread on
Shoulder
TBD
Design Vehicle
TBD CA Legal
if possible
Not currently
a truck route
(ends at
104
6 City of Oakley- Laurel Road Extension Precise Alignment Study Criteria
Local
Standards
City of
Oakley
AASHTO
Guidelines
(2018)
Caltrans
Standards
(HDM 6th
Edition)
Proposed
Standard
Comments
(Note here if
a design
exception is
needed)
/ Bus 45
min
Main St
currently).

May be
added to the
CA Legal
network
Street Type/Functional Classification- 4 lane Minor Arterial with bike lanes and sidewalks, ADA Compliant Construction Year/Design Year- 2024/2044
Design Speed- 45 mph (posted speed currently 35 mph)
R Value- not yet determined
Roadway Structural Section (assumed for estimating purposes)- 6” HMA over 1.5’ AB

ALTERNATIVES ANALYSIS
Alternative 1 description
A more southerly alignment that crosses the BNSF tracks at more of a skew such that the bridge length is 360 feet, which is more than 100 feet longer than the Alternative 2 bridge. The overall roadway centerline length of 2,600 feet for Alternative 1 is approximately 50 feet shorter than Alternative 2.

Pros
Less right of way acquisition
Less property impacts
Cons
More costly than Alternative 2 by approximately $4-1/2 million in total project cost.

Would require removal or modification of an outbuilding at the property north of Station 51+00 as shown on Layout Sheet L-2, APN 033-160-021-3, address 4130 Machado Lane.

Greater impact on the existing stormwater detention basin Greater visual impact on subdivision to the south of the alignment. 105
7 City of Oakley- Laurel Road Extension Precise Alignment Study Alternative 2 description
A slightly more northerly alignment that crosses the BNSF tracks at less of a skew such that the bridge length is shorter at 255 feet than is Alternative 1 at 360 feet. The overall roadway length of the Alternative 2 of 2,650 feet is approximately 50 feet longer than Alternative 1.

Pros
Less costly than Alternative 1 by approximately $4-1/2 million in total project cost.

Less impact on the existing stormwater detention basin.

Less visual impact on subdivision to the south of the alignment.

Cons
Would require more right of way acquisition
Would require removal of a barn structure and one other outbuilding at the same property impacted by Alternative 1 as shown near Station 46+75 on Layout Sheet L-3.

DRAFT OPINION OF PROBABLE PROJECT COSTS- see attached cost estimate breakdowns Construction Cost Alternative 1
Using current (Spring 2022) construction unit costs, we are estimating Alternative 1 construction value at $30.0 million, with a bridge cost of $12.4 million. Adding in a 15% contingency, construction engineering, project engineering, and right of way, the total comes to $43.1 million.

Construction Cost Alternative 2
Using current (Spring 2022) construction unit costs, we are estimating Alternative 2 construction value at $26.8 million, with a bridge cost of $8.6 million. Adding in a 15% contingency, construction engineering, project engineering, and right of way, the total comes to $38.5 million.

Attachments:

Preliminary Plans by Quincy Engineering, 11 sheets (X-1 through Alternative 2 Planning Study) Construction and Project Cost Estimates for Alternatives 1 and 2 by Quincy Engineering Draft Project Geotechnical Report by Crawford & Associates 106
LAUREL ROAD RETAINING WALL TYPICAL SECTION LAUREL ROAD EMBANKMENT TYPICAL SECTION LAUREL ROAD OVERHEAD TYPICAL SECTION TYPICAL CROSS SECTIONSX-1 30% SUBMITTAL 107
Laurel Rd Alt-1 CURVE DATA LAYOUT L-1 30% SUBMITTAL
MATCHLINE STA 50+00 SEE SHEET L-2 ALTERNATIVE-1 PLAN
108
LAUREL RD ALT-1
SELLERS AVE LAYOUT L-2 30% SUBMITTAL
MATCHLINE STA 50+00 SEE SHEET L-1 ALTERNATIVE-1 PLAN
109
Laur el Rd Alt-2 CURVE DATA LAYOUT L-3 30% SUBMITTAL MATCHLINE STA 50+00 SEE SHEET L-4 ALTERNATIVE-2 PLAN 110
SELLERS AVE LAUREL RD ALT-2 CURVE DATA LAYOUT L-4 30% SUBMITTAL MATCHLINE STA 50+00 SEE SHEET L-3 ALTERNATIVE-2 PLAN 111
"L1" LINE PROFILE "L1" LINE SUPERELEVATION PROFILE AND SUPERELEVATION DIAGRAM PS-1 30% SUBMITTAL MATCHLINE STA 50+00 SEE SHEET PS-2
112
"L1" LINE PROFILE "L1" LINE SUPERELEVATION PROFILE AND SUPERELEVATION DIAGRAM PS-2 30% SUBMITTAL MATCHLINE STA 50+00 SEE SHEET PS-1
113
"L2" LINE PROFILE "L2" LINE SUPERELEVATION PROFILE AND SUPERELEVATION DIAGRAM PS-3 30% SUBMITTAL MATCHLINE STA 50+00 SEE SHEET PS-4
114
"L2" LINE PROFILE "L2" LINE SUPERELEVATION PROFILE AND SUPERELEVATION DIAGRAMPS-4 30% SUBMITTAL MATCHLINE STA 50+00 SEE SHEET PS-3
115
CURVE DATA LAUREL ROAD ALTERNATIVE 1 - PLANNING STUDY LAUREL ROAD EXTENSION PROFILE GRADE DEVELOPED ELEVATION PLAN TYPICAL SECTION 116
CURVE DATA ALTERNATIVE 2 - PLANNING STUDY LAUREL ROAD EXTENSION PROFILE GRADE DEVELOPED ELEVATION PLAN TYPICAL SECTION 117
Resolution No. __-22 Page 1
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY SELECTING ALTERNATIVE ALIGNMENT 2 FOR THE EXTENSION OF LAUREL ROAD FROM

TETON ROAD TO SELLERS AVENUE
WHEREAS, extension of Laurel Road from Teton Road to Sellers Avenue has been a priority for the community to provide a secondary access to the East Cypress Road corridor; and
WHEREAS, the City Council as part of the mid-year FY 2021/22 budget adjustment process allocated funding for performing the preliminary engineering design of this project; and
WHEREAS, Quincy Engineering, Inc. in collaboration with engineering staff performed the preliminary engineering design and alignment evaluation study for the extension of Laurel Road from Teton Road to Sellers Avenue; and WHEREAS, the results of this evaluation study identified Alternative Alignment 2 as the best suited and most practical for this project; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Alternative Alignment 2 is selected for the extension of Laurel Road from Teton Road to Sellers Avenue and the City Council of the City of Oakley authorize staff to proceed with the design of this project according to this alignment.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 14th of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
118

STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of Contract with Dillon Electric, Inc. for On-Call Electrical Maintenance Services and Repair for FY 2022/23 and FY 2023/24 Background and Analysis
The City of Oakley has limited in-house resources to be able to address all of the ongoing maintenance needs of the public infrastructure and facilities in the community.

Outside contractors have been used to supplement City staff in performing maintenance and repair activities. These contract services are used to provide maintenance services, including the City’s electrical infrastructure maintenance, troubleshooting and repairs.

With the geographic location of Oakley in the far eastern region of Contra Costa County, there are limited contractors available to perform various maintenance services for the agencies. Due to this contractor’s familiarity with the City’s operations and to the high demand on City staff, the Public Works Department did not feel that it was feasible or would be fruitful to complete the formal bidding process for this contract.

Staff has investigated the concept of having On-Call Maintenance Service Agreements that would provide the City with a wide range of maintenance services for various trades. With this approach, staff can supplement in-house resources with outside contractors to expeditiously and professionally provide these services to the community. The award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 8) which provides an exception for competitive bidding “For maintenance and repair of buildings and facilities.” Currently, for all such contract services above the $50,000 amount, the City Council must authorize the work by simple majority per City’s purchasing policy.

Staff has selected Dillon Electric, Inc. to be a part of the team of contract resources that would be utilized by staff in providing electrical infrastructure maintenance services for the community. Dillon Electric, Inc. is a local contractor that has been successfully working for the City of Oakley for many years. These services have included various electrical services at the Civic Center Campus, Oakley Plaza Center, Oakley 119
Recreation Buildings, Public Works Operations Building, as well as the City parks and street lights.

Dillon Electric, Inc. has been economical and effective in addressing various electrical repair and maintenance needs, and has performed very well and in a very professional manner for the City of Oakley. Staff will use Dillon Electric, Inc. on an on-call basis to address various electrical service needs in accordance with the unit prices that are proposed and agreed upon by the contractor and the City. The immediate accessibility of Dillon Electric, Inc. to provide on-call electrical maintenance service is very valuable to the organization and a factor in their selection as the vendor of choice to provide this maintenance service.

Staff recommends that the City Council approve the agreement for Dillon Electric, Inc. for FY 2022/23 and FY 2023/24 for a not to exceed amount of $50,000 for each year.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Finance and Fiscal responsibility goals.

Fiscal Impact
Approval of this resolution will authorize the City Manager to execute the On-Call Services Agreement with a spending limit of $50,000 for Dillon Electric, Inc. each for FY 2022/23 and FY 2023/24. Funding will be included in the Public Works Operation Budget for the respective fiscal years.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving an On-Call Services Agreement with Dillon Electric, Inc. for $50,000 each for FY 2022/23 and FY 2023/24 and authorize the City Manager to execute an agreement. If at the end of the term the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2026.

Attachments

1. Proposal

2. Resolution
120
121
122
Resolution No. - 22
RESOLUTION NO. - 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

APPROVING THE ON-CALL SERVICES AGREEMENT WITH DILLON
ELECTRIC, INC. FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

SERVICES TO CITY OWNED FACILITIES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Oakley Public Works and Engineering Department frequently seeks repair and maintenance services for City owned facilities; and WHEREAS, the City of Oakley does not have in-house resources for providing electrical repair and maintenance of City facilities; and WHEREAS, Dillon Electric, Inc. has provided satisfactory, economical and prompt electrical maintenance and repair services to the City of Oakley for many years, and now they have proposed to continue to provide these services; and WHEREAS, the award of the agreement is exempt from competitive bidding under Section 3.6.010 of the Oakley Municipal Code paragraph 8) which provides an exception for competitive bidding “For maintenance and repair of buildings and facilities”; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the On-Call Electrical Maintenance and Repair Services Proposal attached hereto as Exhibit A with Dillon Electric, Inc. for FY 2022/23 and 2023/24 for an amount not to exceed $50,000.00 per fiscal year is hereby approved and the City Manager is authorized to execute an agreement.

BE IT FURTHER RESOLVED AND ORDERED, if at the end of the term the services have been performed satisfactorily the City Manager has the discretion to approve an extension of the agreement to June 30, 2026.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 14th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:
123
Resolution No. - 22
APPROVED:

___________________
ATTEST: Randy Pope, Mayor
___
Libby Vreonis, City Clerk Date
124

STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: June 14, 2022
To: Joshua McMurray, City Manager
From: Kevin Rohani, Public Works Director/City Engineer SUBJECT: Annexation No. 31 (3350 Main Street) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On September 8, 2020, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 06-20) for the 3350 Main Street project.

The proposed 0.53-acre project consists of one 10,100 sq. ft. commercial building with associated parking, lighting, and landscaping improvements. The 3350 Main Street project, located at the northwest corner of Main Street and Norcross Lane, is comprised of Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, at buildout. Parcel B currently encompasses existing Assessor Parcel Numbers (APNs) 037- 160-006 and -007 and portions of APNs 037-160-018 and -027.

The Conditions of Approval for 3350 Main Street require the property owner to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. On January 12, 2016, the Oakley City Council formed City of Oakley Community Facilities District No. 2015- 2 (Parks, Streetlight, Landscape and Stormwater Services) (“CFD No. 2015-2”). CFD No. 2015-2 authorizes the annual levy of a special tax on parcels located within CFD No. 2015-2 to mitigate their financial impact to the City’s parks, streetlighting, landscape and stormwater service budgets. The property owner for 3350 Main Street has requested that the City assist them with the annexing of their development into CFD No. 2015-2 to satisfy their conditions of approval.

Prior to tonight’s City Council meeting, the property owner for 3350 Main Street executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2015-2 including the subsequent annual levy of special taxes to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. 125
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their development project to CFD No. 2015-

2. The FY 2022-23 special tax rates per commercial acre are as follows:

Therefore, successful annexation of the 3350 Main Street project into CFD 2015-2 could provide up to $1,542.95 (in FY 2022-23 dollars) in revenue annually at build-out.

The taxes will be collected on the property tax rolls commencing in FY 2022-23.

Staff Recommendation
The Conditions of Approval for 3350 Main Street require the property owner to mitigate their development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommends that the City Council:

1. Adopt a Resolution Approving the Annexation (Annexation No. 31) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Staff recommends that the City Council adopt the Resolution Approving the Annexation (Annexation No. 31) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).

FY 2022-23 Maximum Special Tax Rates per Commercial Acre Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $471.90
Community Parks Maintenance Tax $1,042.10
Streetlighting Maintenance Tax $205.75
Neighborhood Parks & Landscaping Maintenance Tax $0.00
Stormwater/Water Quality Maintenance Tax $1,191.48
Total $2,911.23
126
Attachments

1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); a. Exhibit A: Description of Services;
b. Exhibit B: Cost Estimate; and
c. Exhibit C: Supplement to the Rate and Method of
Apportionment of Special Tax – Tax Zone No. 22.

3. Map – Annexation No. 31 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); and

4. Amendment No. 31 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
127

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 31 – Tax Zone No. 22

June 14, 2022
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

This constitutes the Unanimous Approval (the “Unanimous Approval”) of the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) to annexation of the Property to the "City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)" (the “CFD”), and it states as follows:

1. Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.

2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services (the “Services”) described in Exhibit A hereto and made a part hereof.

The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 22” attached hereto as Exhibit C and 128
-2-
made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.

4. Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.

5. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

6. Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property.

7. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

8. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD.

9. The Property. The Property is identified as follows:

Parcel Description: Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022 Acres: 0.53 acres
129
-3-
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. 31 - Tax Zone No. 22
Property Owner
By:

Name:

Title:

Notice Address:
130
Exhibit A

Page 1 ends

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)

DESCRIPTION OF SERVICES
The captioned Community Facilities District will finance, in whole or in part, the following services ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982), including all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities:

Regional Parks
Maintenance, including servicing, repair, replacement and removal of regional parks (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD.

Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Community Parks
Maintenance, including servicing, repair, replacement and removal of community parks (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD.

Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Streetlighting
Maintenance, including servicing, repair, replacement and removal of streetlights (includes poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals and metering devices, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric and other utility costs.
131
Exhibit A

Page 2 ends

Neighborhood Parks & Landscaping
Maintenance, including servicing, repair, replacement and removal of neighborhood parks (includes park amenities such as playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Maintenance, including servicing, repair, replacement and removal of parkways, landscape setbacks, landscaped roadway medians, open space, environmental preserves (including performance and management of environmental mitigation monitoring and annual reporting), publicly-owned masonry walls, fences, monuments and features, trails, bike paths, etc., both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Stormwater
Maintenance, including servicing, repair, replacement and removal of bio-retention facilities and drainage facilities (includes field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris from the drainage areas, bioretention basins and City catch basins, etc.), both (i) in the CFD and (ii) outside the CFD but within the boundaries of the City if the City has concluded that such maintenance would benefit the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

In addition, the following costs will also be financed by the special taxes levied within the CFD and be allocated to each improvement described above based upon their pro-rata share of needed administrative costs, operating reserves and capital reserves, and actual or estimated delinquencies.

1. Administrative Expenses including the costs incurred to determine, levy and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the general tax rolls, preparation of required reports, and any other costs incurred in the administration of the CFD by the City;

2. Any amounts needed for operating reserves and capital reserves; and

3. Any amounts needed to cure actual or estimated delinquencies in special taxes for the current or previous fiscal years.
132
Exhibit B

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EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2022-23 Dollars)
FY 2022-23
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $250.11
Community Parks Maintenance Tax $552.31
Streetlighting Maintenance Tax $109.05
Neighborhood Parks & Landscaping Maintenance Tax $0.00
Stormwater/Water Quality Maintenance Tax $631.48
Total $1,542.95
133
Exhibit C

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EXHIBIT C

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 22
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 31 will be annexed to Tax Zone No. 22 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with 134
Exhibit C

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disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. “Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
135
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“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.). “Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
136
Exhibit C

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“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. “Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
137
Exhibit C

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“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.

For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. 138
Exhibit C

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“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015- 2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015- 2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.

B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2015-2. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (ii) the Special Tax Requirement for each Special Tax Component for the then-current Fiscal Year. Each Special Tax Component shall be levied only to pay for the related Special Tax Requirement.

In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map. 139
Exhibit C

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C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one-acre parcel has commercial on the ground floor and 50 condominiums on the second floor the property owner will be charged the Non-Residential Parcel rate for one acre and the Condominium Parcel Rate for the 50 condominiums.

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $157.30 per Parcel Regional Park Maintenance Tax Condominium Parcel $117.97 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $78.65 per Unit Regional Park Maintenance Tax Non-Residential Parcel $471.90 per Acre Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,042.10 per Acre Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $205.75 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $893.61 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $595.74 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Table 1: Developed Property
FY 2022-23
Maximum
Tax
140
Exhibit C

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2. Undeveloped Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

3. Escalation of Maximum Special Tax
On July 1, 2023, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property as follows:

Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $471.90 per Acre Regional Park Maintenance Tax Condominium Parcel $353.92 per Acre Regional Park Maintenance Tax Multi-Family Parcel $235.95 per Acre Regional Park Maintenance Tax Non-Residential Parcel $235.95 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,042.10 per Acre Community Parks Maintenance Tax Condominium Parcel $781.58 per Acre Community Parks Maintenance Tax Multi-Family Parcel $521.06 per Acre Community Parks Maintenance Tax Non-Residential Parcel $521.06 per Acre Streetlighting Maintenance Tax Single-Family Parcel $205.75 per Acre Streetlighting Maintenance Tax Condominium Parcel $154.31 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $102.88 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $102.88 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $893.61 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $595.74 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Table 2: Undeveloped Property
FY 2022-23
Tax
Maximum
141
Exhibit C

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Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.

The Special Tax for CFD No. 2015-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2015-2, and the Special Tax shall be subject to foreclosure if delinquent regardless of the manner in which it was collected.

E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Public Property or any privatelyowned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.
142
Exhibit C

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H. REPEAL OF THE SPECIAL TAX
CFD No. 2015-2 was established to levy the Special Tax to finance the Authorized Services as a condition of the entitlement to develop the Developed Property in CFD No. 2015-2. If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2015-2, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied.

I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
143
RESOLUTION NO.

RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 31) OF

PROPERTY LOCATED IN THE FUTURE ANNEXATION AREA OF

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) RESOLVED by the City Council (the “Council”) of the City of Oakley (the “City”), County of Contra Costa, State of California, that:

WHEREAS, this Council has adopted a resolution entitled “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)” (the “CFD”) and (ii) the "City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Future Annexation Area)," authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”).

WHEREAS, under the Resolution of Formation and a resolution calling special election heretofore adopted by this Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the Act.

WHEREAS, on January 12, 2016, a special election was held among the landowner voters within the CFD, wherein such propositions were approved by the twothirds vote required by the Act, as confirmed by resolution of this Council.

WHEREAS, on January 19, 2016, a notice of special tax lien (the “Notice of Special Tax Lien”) was recorded with the Contra Costa County Recorder’s office, thereby giving notice that the lien to secure payment of the Special Tax was imposed on the land in the CFD.

WHEREAS, the owner (the “Property Owner”) of Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.

WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 144
2 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

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

2. Approval of Annexation. The City Council hereby determines that Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, is annexed into Tax Zone No. 22 of the CFD.

3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, is added to the CFD.

4. Boundaries Described. The revised boundaries of the CFD including Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.

5. General Authority; Ratification of Previous Actions. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transactions described herein or to otherwise effectuate the purposes of this resolution. Any actions previously taken by such officers that are consistent with the purposes of this resolution are hereby ratified and confirmed.

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

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on June 14, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
145
ANNEXATION MAP No. 31 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER)

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2022.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 31 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,

WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2022, BY ITS RESOLUTION No. _______________.

ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
PARCEL B OF LOT LINE ADJUSTMENT NO. 22-04, DATED
APRIL 20, 2022.

FILED THIS _______ DAY OF ________________, 2022, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
SHEET 1 OF 2

THIS ANNEXATION MAP ANNEXES TERRITORY TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS,

STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE OF CALIFORNIA,

FILED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, ON THE 9TH DAY OF
NOVEMBER, 2015 IN BOOK 85 OF MAPS OF ASSESSMENT AND
COMMUNITY FACILITIES DISTRICT AT PAGE 20.

NOTE:
_______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 31 - TAX ZONE NO. 22
SEE SHEET 2
146
±
SHEET 2 OF 2
Annexation No. 31 - Tax Zone No. 22
(3350 Main Street)
NOTE: PARCELS IDENTIFIED IN

THIS MAP ARE AS DEFINED BY LOT
LINE ADJUSTMENT LLA 22-04,
DATED APRIL 20, 2022

PARCEL B

PARCEL C

PARCEL A PARCEL D
Main St
N
o
r
c
r
o
s
s
L
n
ANNEXATION MAP No. 31 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 0 50 100
Feet
Legend
CFD No. 2015-2 Annexation Area No. 31
Parcel Lines
147

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 31 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 31 - Tax Zone No. 22
(3350 Main Street)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.

This Amendment No. 31 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15-234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 31 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2022, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.

The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in 148
2 accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property with in the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 31 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Oakley, City Hall, 3231 Main Street, Oakley, California 94561, telephone number (925) 625-7000.

Dated: As of _____________, 2022
By:

Libby Vreonis, City Clerk,
City of Oakley
149
Exhibit A

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EXHIBIT A

CITY OF
OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 31 – Tax Zone No. 22

PARCEL DESCRIPTIONS AND OWNERS OF LAND WITHIN
ANNEXATION NO. 31 – TAX ZONE NO. 22
Parcel Description(s) Name(s) of Property Owner(s)
Parcel B of Lot Line
Adjustment No. 22-04,
dated April 20, 2022

R&R PACIFIC CONSTRUCTION
150
Exhibit B

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EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services)

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Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 152
Exhibit B

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“Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.). “Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
153
Exhibit B

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“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. 154
Exhibit B

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“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.

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to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. “Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2015-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2015- 2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2015-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2015-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2015-2 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2015- 2, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2015-2 that are not classified as Developed Property.

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Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

2. Undeveloped Property - The Fiscal Year 2022-23 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

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Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $471.90 per Acre Regional Park Maintenance Tax Condominium Parcel $353.92 per Acre Regional Park Maintenance Tax Multi-Family Parcel $235.95 per Acre Regional Park Maintenance Tax Non-Residential Parcel $235.95 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,042.10 per Acre Community Parks Maintenance Tax Condominium Parcel $781.58 per Acre Community Parks Maintenance Tax Multi-Family Parcel $521.06 per Acre Community Parks Maintenance Tax Non-Residential Parcel $521.06 per Acre Streetlighting Maintenance Tax Single-Family Parcel $205.75 per Acre Streetlighting Maintenance Tax Condominium Parcel $154.31 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $102.88 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $102.88 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $1,191.48 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $893.61 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $595.74 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $1,191.48 per Acre Tax
Maximum
Table 2: Undeveloped Property
FY 2022-23
158
Exhibit B

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Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;
Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.

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G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.

STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 14, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Annexation No. 8 (3350 Main Street) to the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) Background and Analysis
On September 8, 2020, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 06-20) for the 3350 Main Street project.

The Conditions of Approval for the 3350 Main Street project require the property owner to mitigate their project’s financial impact on fire protection services, which are currently provided by the East Contra Costa Fire Protection District (“ECCFPD”).

On October 23, 2018, the Oakley City Council formed City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (“CFD No. 2018-1”). CFD No. 2018-1 authorizes the annual levy of a special tax on parcels located within CFD No. 2018-1 to mitigate their financial impact on the fire protection services budget. The property owner for the 3350 Main Street project has requested that the City assist them with the annexing of their development into CFD No. 2018-1 to satisfy their Conditions of Approval.

Prior to tonight’s City Council meeting, the property owner executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2018-1 including the subsequent annual levy of special taxes to mitigate their project’s financial impact on the fire protection services budget. 161
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicants have funded all costs associated with the annexation of their project to CFD No. 2018-1.

The FY 2022-23 maximum special tax rate is $194.25 per 1,000 sq. ft. for a commercial parcel. Annexation No. 8 (3350 Main Street) is expected to consist of a 10,100 sq. ft. commercial building at build-out. Therefore, successful annexation into CFD No. 2018-1 could provide up to $1,961.93 (FY 2022-23 dollars) in revenue annually when the property is developed. The taxes can be collected on the property tax rolls commencing in FY 2022-23.

Staff Recommendation
The conditions of approval for the 3350 Main Street project located at the northwest corner of Main Street and Norcross Lane require the property owner to mitigate their project’s financial impact on the fire protection services budget. Staff recommends that the City Council:

1. Adopt a Resolution Approving the Annexation (Annexation No. 8) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) Attachments

1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services);
a. Exhibit A: Description of Services;
b. Exhibit B: Cost Estimate; and
c. Exhibit C: Supplement to the Rate and Method of
Apportionment of Special Tax – Tax Zone No. 2;

2. Resolution Approving the Annexation (Annexation No. 8) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services);

3. Boundary Map – Annexation Map No. 8 to City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services); and

4. Amendment No. 8 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services). 162

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
Annexation No. 8 – Tax Zone No. 2
(3350 Main Street)
June 14, 2022
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

This constitutes the Unanimous Approval (the “Unanimous Approval”) of the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) to annexation of the Property to the "City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)" (the “CFD”), and it states as follows:

3. Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services. The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 2” attached hereto as 163
-2-
Exhibit C and made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.

5. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of Contra Costa, State of California on October 31, 2018, as Document No. 20180177468. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

9. The Property. The Property is identified as follows:

Parcel Description: Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022 Acres: 0.53 acres
164
-3-
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. 8 - Tax Zone No. 2
Property Owner
By:

Name:

Title:

Notice Address:
165
Exhibit A

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EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)

DESCRIPTION OF SERVICES
The City of Oakley (the “City”) is establishing the captioned community facilities district (the “CFD”) to finance, in whole or in part, the following services ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982):

Fire Protection Services
The proposed CFD special taxes shall provide and fund certain types of services including, but not limited to:

1. The annual operation, maintenance and servicing, including emergency medical services (EMS), fire suppression, rescue, hazardous conditions, and all other emergency and non-emergency calls for services;

2. Payment for the operation and maintenance of fire stations, equipment, vehicles, and other appurtenant facilities, etc.; and

3. Any other appurtenant services or expenses necessary to ensure the continued annual operation and maintenance of the services previously referenced.

Administrative Expenses and Reserve Collection
In addition, the following costs will be funded by the special taxes levied within the CFD:

Administrative Expenses, operating reserves and capital reserves, and actual or estimated delinquencies.

1. Administrative Expenses including costs incurred to determine, levy and collect the special taxes, including compensation of City staff for administrative work performed in relation to the CFD and a proportionate amount of the City’s general administrative overhead related thereto, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the property tax rolls, preparation of required reports, and any other costs incurred in the administration of the CFD by the City;

2. Any amounts needed to establish or replenish operating reserves and capital reserves; and

3. Any amounts needed to cure actual or estimated delinquencies in special taxes for the current or previous fiscal years.
166
Exhibit B

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EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)

COST ESTIMATE
(FY 2022-23 Dollars)

Fire Protection Services $1,961.93
167
Exhibit C

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EXHIBIT C

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 2
Special Taxes in the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (the “CFD” or “CFD No. 2018-1”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2018-1, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2018-1, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) pursuant to Annexation No. 8 will be annexed to Tax Zone No. 2 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second Residential Unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. An Accessory Unit shall not be considered a separate Residential Unit for purposes of this RMA and will not be levied a 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 or functionally equivalent map or instrument recorded in the Office of the County Recorder. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination utilizing 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), Division 2, of Title 5 of the Government Code of the State of California.
168
Exhibit C

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“Administrative Expenses” means the actual or reasonably estimated costs incurred by the City or their designee, acting for and on behalf of the CFD as the Administrator thereof, to compute, determine, levy and collect the Special Taxes, including salaries of City staff and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes, including charges levied by the County, the costs related to the preparation of required reports; and any other costs required to administer the CFD as determined by the Administrator. Administrative expenses shall also include amounts estimated or advanced by the City, public agency, or the CFD for any other administrative purposes related to the CFD. “Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes according to this Rate and Method of Apportionment of Special Taxes.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property.
“Authorized Services” means the public services authorized to be funded by CFD No. 2018-1 as set forth in the documents adopted by the Council when CFD No. 2018-1 was formed.
“Building Permit” means a building permit having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded. “Building Square Footage” or “Bldg. Sq. Ft.” means the floor area square footage reflected on the original building permit issued for construction of a NonResidential Parcel, plus or minus any square footage subsequently added or eliminated from a building on a Non-Residential Parcel after the issuance of a subsequent building permit for expansion or renovation of such building. “Capital Reserves” means any amounts that shall be collected, accumulated, and/or held for the CFD in each Fiscal Year to provide for asset replacement, longterm capital projects, or other large anticipated expenditures. “CFD” or “CFD No. 2018-1” means the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services).
169
Exhibit C

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“City” means the City of Oakley.
“City Manager” means the City Manager of the City of Oakley. “Commercial Parcel” means a Parcel designated by the County Assessor as having a commercial land use, which includes but is not limited to, grocery stores, shopping centers, motel, hotel, retail stores, service stations, etc. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Commercial (Office) Parcel” means a Parcel designated by the County Assessor as having a commercial (office) land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home, or co-op land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2018-1.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year in which Special Taxes are to be levied. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year.
170
Exhibit C

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“Final Map” or “Parcel Map” means a Final Map, Parcel Map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), that creates lots that do not need to be further subdivided prior to issuance of a building permit for a residential or nonresidential structure. The term “Final Map” or “Parcel Map” shall not include an Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial Parcel” means a Parcel designated by the County Assessor as having an industrial land use, which includes but is not limited to, research and development, warehouses, etc. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Institutional Parcel” means a Parcel designated by the County Assessor as having an institutional land use, which includes but is not limited to, churches, hospitals, schools, etc. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C herein, which can be levied in any Fiscal Year. “Mixed Use Parcel” means a Parcel designated by the County Assessor as having multiple Land Use Classifications such as a residential Land Use Classification and a commercial Land Use Classification, or a residential Land Use Classification and an industrial Land Use Classification.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land use which includes duplexes, triplexes, fourplexes and apartments. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
171
Exhibit C

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“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Commercial (Office), Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Operating Reserves” means any amounts that shall be collected, accumulated, and/or held for the CFD in each Fiscal Year to provide for necessary cash flow for the first six months of each Fiscal Year, working capital to cover operation, maintenance, and service cost overruns or any unexpected expenditures, funds to cover delinquencies in the payment of Special Taxes, and a reasonable buffer to prevent large variations in annual Special Tax levies. “Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as a recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property within each respective Tax Zone.
“Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2018-1 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2018-1 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“RMA” means this Rate and Method of Apportionment of Special Tax. “Residential Unit” means an individual residential dwelling unit such as a Single-Family Parcel, Condominium Parcel, townhome, apartment, co-op, etc. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use and a Residential Unit, excluding residential condominium parcels. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign the appropriate Land Use Classification to the Taxable Parcel described in Section C below.
172
Exhibit C

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“Special Tax” means the tax levied on Taxable Property within CFD No. 2018- 1 to pay the annual Special Tax Requirement.
“Special Tax Requirement” means, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services; (ii) Administrative Expenses; (iii) any amounts needed to establish or replenish Operating Reserves and Capital Reserves; and (iv) amounts needed to cover any delinquencies in the payment of the Special Tax which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, that may be expected to occur in the Fiscal Year in which the Special Tax will be collected.
“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2018-1 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All property within CFD No. 2018-1 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2018-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2018-1 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2018-1 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2018-1, and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2018-1 that are not classified as Developed Property.

B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall: (i) identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2018-1, (ii) determine the Land Use Classification for each Taxable Parcel, (iii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (iv) determine the Special Tax Requirement for the CFD.

In any Fiscal Year, if it is determined that a Final Map or Parcel Map for a portion of property in CFD No. 2018-1 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, and the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and one or more of the newly-created Parcels 173
Exhibit C

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would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2022-23 Maximum Special Tax for all Taxable Parcels of Developed Property within Tax Zone No. 2 shall be as shown below in Table No. 1.

Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a Parcel has commercial on the ground floor and 50 condominiums on the second floor, the property owner will be taxed the Non-Residential Parcel rate for the Building Square Footage of commercial and the Condominium Parcel Rate for the 50 condominiums.

2. Escalation of Maximum Special Tax
Commencing on July 1, 2023, and each July 1 thereafter, the Maximum Special Tax Rates for Developed Property shown in Table No. 1, shall be increased by applying the percentage increase, if any, in the Consumer Price Index for the San Francisco All Urban Wage Earners Category for the prior calendar year to the Maximum Special Tax in effect for the current fiscal year. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1.

Land Use
Classification
Fiscal Year 2022-23
Maximum Special Tax
Single-Family Parcel $316.63 per Parcel
Condominum Parcel $237.47 per Parcel
Multi-Family Parcel $158.32 per Residential Unit
Commercial Parcel $194.25 per 1,000 Bldg. Sq. Ft.

Commercial (Office) Parcel $388.50 per 1,000 Bldg. Sq. Ft.

Industrial Parcel $165.11 per 1,000 Bldg. Sq. Ft.

Institutional Parcel $194.25 per 1,000 Bldg. Sq. Ft.

Table No. 1 - Developed Property
Residential
Non-Residential
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Exhibit C

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D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy all Parcels of Taxable Property therein as follows:

Step 1: Each Parcel of Developed Property shall be levied Proportionately up to 100% of the Maximum Special Tax for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.

The Special Tax for CFD No. 2018-1 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2018-1.

G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity if Authorized Services are being provided and is necessary to pay the Special Tax Requirement.

H. PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2018-1 for the purpose of funding ongoing Authorized Services.

I. REVIEW/APPEALS OF THE SPECIAL TAX
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 175
Exhibit C

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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 Manager 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 Manager appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the City Manager), 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, in order to correct the error. The decision of the City Council shall be final and binding to all persons.

J. REPEAL OF THE SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the property owners of Assessor's Parcels in CFD No. 2018-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied. The obligation to provide the Authorized Services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor's Parcels within CFD No. 2018-1.

K. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
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RESOLUTION NO.

RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 8) OF

PROPERTY LOCATED IN THE FUTURE ANNEXATION AREA OF

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
RESOLVED by the City Council (the “Council”) of the City of Oakley (the “City”), County of Contra Costa, State of California, that:

WHEREAS, this Council has adopted a resolution entitled “Resolution of Formation of Community Facilities District” (the “Resolution of Formation”), ordering the formation of the (i) the “City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services)” (the “CFD”) and (ii) the "City of Oakley Community Facilities District No. 2018-1 (Fire Protection 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, on October 23, 2018, a special election was held among the landowner voters within the CFD, wherein such propositions were approved by the twothirds vote required by the Act, as confirmed by resolution of this Council.

WHEREAS, on October 31, 2018, a notice of special tax lien (the “Notice of Special Tax Lien”) was recorded with the Contra Costa County Recorder’s office, thereby giving notice that the lien to secure payment of the Special Tax was imposed on the land in the CFD.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:
177
2 1. Recitals. The foregoing recitals are all true and correct.

2. Approval of Annexation. The City Council hereby determines that Parcel B of Lot Line Adjustment No. 22-04, dated April 20, 2022, is annexed into Tax Zone No. 2 of the CFD.

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

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the June 14, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
178
ANNEXATION MAP No. 8 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION SERVICES)

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2022.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 8 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION SERVICES), CITY OF OAKLEY, CONTRA COSTA

COUNTY, STATE OF CALIFORNIA,WAS APPROVED BY THE

CITY COUNCIL OF THE CITY OF OAKLEY, AT A
REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2022, BY ITS RESOLUTION No. _______________.

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
SHEET 1 OF 2

THIS ANNEXATION MAP ANNEXES TERRITORY TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION

SERVICES), CITY OF OAKLEY, CONTRA COSTA COUNTY, STATE

OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY

RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
ON THE 25TH DAY OF SEPTEMBER, 2018 IN BOOK 87 OF MAPS

OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT
PAGES 17-18.

NOTE:
_______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
Legend
CFD No. 2018-1 Boundary
Oakley City Limits/CFD No. 2018-1 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 8 - TAX ZONE NO. 2
SEE SHEET 2
ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
PARCEL B OF LOT LINE ADJUSTMENT NO. 22-04, DATED
APRIL 20, 2022.
179
±
SHEET 2 OF 2
Annexation No. 8 - Tax Zone No. 2
(3350 Main Street)
NOTE: PARCELS IDENTIFIED IN

THIS MAP ARE AS DEFINED BY LOT
LINE ADJUSTMENT LLA 22-04,
DATED APRIL 20, 2022

PARCEL B

PARCEL C

PARCEL A PARCEL D
Main St
N
o
r
c
r
o
s
s
L
n

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA
0 50 100
Feet
Legend
CFD No. 2018-1 Annexation Area No. 8
Parcel Lines
ANNEXATION MAP No. 8 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2018-1 (FIRE PROTECTION SERVICES)
180

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 8 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
Annexation No. 8 - Tax Zone No. 2
(3350 Main Street)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on October 31, 2018, as Document No. 20180177468, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.

This Amendment No. 8 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 2018-0152310 in the Office of the County Recorder of the County of Contra Costa, State of California on September 25, 2018, in Book 87 at Page 17-18 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 8 to Community Facilities District No. 2018-1 (Fire Protection Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2022, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.

The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled 181
2 in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 8 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

Dated: As of __________, 2022
By:

Libby Vreonis, City Clerk,
City of Oakley
182
Exhibit A

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EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)
Annexation No. 8 – Tax Zone No. 2

PARCEL DESCRIPTIONS AND OWNERS OF LAND WITHIN
ANNEXATION NO. 8 – TAX ZONE NO. 2
Parcel Description(s). Name(s) of Property Owners
Parcel B of Lot Line
Adjustment No. 22-04,
dated April 20, 2022

R&R PACIFIC CONSTRUCTION
183
Exhibit B

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EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2018-1
(Fire Protection Services)

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Oakley City CouncilJune 14, 2022

Oakley City Council
June 14, 2022