Oakley City Council
August 9, 2022

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, August 09, 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 public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.

PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.

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 (Aubrey, Taylor and Ashley from Girl Scout Troops 33787 and 33784)

1.3 Proclamation Declaring August 18, 2022 "Never Give Up Day" Proclamation

1.4 Proclamation Recognizing August 31, 2022 as International Overdose Awareness Day (Danielle Aubin & April Rovero)
Proclamation

1.5 Update from Contra Costa County Advisory Council on Aging (Michael Rigsby)

1.6 Update from Contra Costa Animal Services (Steve Burdo) 2 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 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 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo

3.2 Waive the Second Reading and Adopt an Ordinance to Repeal Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” (RZ 02-22) - City-initiated application to repeal Oakley Municipal Code (“OMC”) Section

9.1.502 “Commercial Downtown District (CD)” as a clean-up item to the Zoning Code (Ken Strelo, Planning Manager)
Ordinance

3.3 Waive the Second Reading and Adopt an Ordinance Adding Chapter 39 to Title 4 of the Oakley Municipal Code Relating to Military Equipment use by the Oakley Police Department (Derek Cole, City Attorney)
Ordinance

3.4 Waive the Second Reading and Adopt an Ordinance Adding Chapter 38 to Title 4 of the Oakley Municipal Code Concerning Spectators at Illegal Speed Contests, Exhibitions of Speed, and side Shows (Derek Cole, City Attorney) Ordinance

3.5 City of Oakley Quarterly Investment Report (4th Quarter FY 2021/22) (Tim Przybyla, Finance Director)
Staff Report

1. Investment Report

2. Quarterly Investment Performance Report
3 3.6 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (4th Quarter FY 2021/22) (Tim Przybyla, Finance Director)
Staff Report

1. Investment Report

3.7 Fiscal Year (FY) 2021/22 Fourth Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

3.8 Acceptance of work associated with the Police Department Parking Lot Expansion Project – Capital Improvement Project Number 253 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Notice of Completion

3.9 Approving the Agreement with Eastern Contra Costa Transit Authority for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for the Tri Delta Transit Park and Ride project located at 4300 Main Street (APN 035-282-063) and authorizing the City Manager to execute the agreement (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

2. Location Map

3. Stormwater Agreement

3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-1 (HCP/NCCP Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Petition

2. Resolution of Intention

3. Boundary Map

3.11 Authorize the City Manager to Execute a Consulting Services Agreement with Bellecci and Associates to Provide Design Services for Capital Improvement Project Number 285 – Bethel Island Road Construction Project (Rock Slough Bridge to Delta Road) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report
4 1. Proposal

2. Resolution

3.12 Acceptance of Subdivision Improvements Associated with Acacia Subdivision 9498 located at Main Street and Ramos Ranch Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Location Map

3.13 Consideration of a Resolution Authorizing the City Manager, Finance Director, and Accounting Manager to Act as the Agents to Engage with the Federal Emergency Management Agency and the Governor's Office of Emergency Services (Cal OES) (Joshua Mc Murray, City Manager)
Staff Report

1. Resolution

4.PUBLIC HEARINGS

5.REGULAR CALENDAR

5.1 Designation of a Voting Delegate for League of California Cities Annual Conference September 7- 9, 2022 and Directing City Administration to complete and forward the voting delegate form to the League of California Cities (Joshua McMurray, City Manager)
Staff Report

1. Resolution

2. 2022 Voting Delegate Packet

5.2 Consider authorizing the City Manager to send a letter in support of the development and opening of the Marsh Creek State Historic Park on behalf of the City of Oakley (Joshua McMurray, City Manager)
Staff Report

1. Draft Letter

2. Marsh Creek State Park Maps

5.3 Consideration of a Resolution Approving an Amendment to the City of Oakley Fiscal Year 2022/2023 Budget to Expand upon the Pilot Oakley Community Digital Gift Card Program (Harumi Murata, Economic Development Analyst) Staff Report

1. Resolution approving an amendment to the City of Oakley 5 Fiscal Year 2022/2023 Budget

5.4 Authorization for the City Manager to Execute a Purchase and Sale Agreement with the Yellow Roof Foundation for the sale of properties located at 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021) which will lead to the construction of 6 affordable housing units (Joshua McMurray, City Manager)
Staff Report

1. Yellow Roof Foundation Purchase and Sale Agreement

2. Yellow Roof Foundation LOI

3. Concept Plans

4. Draft Resolution

5.5 4th Quarter Budget Update (Tim Przybyla, Finance Director) Staff Report

1. City of Oakley General Fund Budget Update – 4th Quarter of Fiscal Year 2021/2022.

2. City of Oakley Sales Tax Update – 1Q 2022 (January – March)

5.6 Adopt a Resolution Establishing a Proclamation Policy (Libby Vreonis, City Clerk)
Staff Report

1. City of Oakley Proclamation Policy

2. Approved Proclamation List

3. Resolution to Adopt the City of Oakley Proclamation policy and Approved Proclamation List

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
6 7.1 Work Session on Oil and Gas Drilling (Ken Strelo, Planning Manager) Staff Report

1. Oakley Municipal Code Section 9.1.1216 "Oil and Gas Drilling"

2. City of Antioch City Council Packets for Ordinance Introduction and Adoption (Adopted Ordinance not yet available from City of Antioch)

3. City of Brentwood City Council Packets for Interim Ordinance and Urgency Ordinance Extension (Includes adopted Ordinances)

8.CLOSED SESSION

8.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager

8.2 CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the City Manager
Pursuant to Government Code Section 54957.6(a)
City Designated Representative: Randy Pope, Mayor, Aaron Meadows, Vice Mayor and Derek Cole, City Attorney
Unrepresented Employee: City Manager

9.ADJOURN
7 P R O C L A M A T I O N
declaring August 18, 2022

NEVER GIVE UP DAY
WHEREAS, The City of Oakley proudly joins community members in Celebrating Never Give Up Day on Thursday, August 18, 2022; and
WHEREAS, Never Give Up Day is focused on cultivating a mindset of determination to help people get through difficult challenges; and
WHEREAS, Never Give Up Day not only applauds people for reaching their goals but also supports those who are still trying to achieve their goals; and
WHEREAS, Never Give Up Day remains relevant for health care providing organizations, associations and charities in their efforts to establish a call to action and fundraising activities; and WHEREAS, The City of Oakley recognizes Never Give Up Day and its positive influence for people across our community.

NOW, THEREFORE, I, Randy Pope Mayor of the City of Oakley, join with the members of the Oakley City Council in proclaiming August 18, 2022 as:

NEVER GIVE UP DAY
Randy Pope, Mayor
8 A Proclamation Recognizing
August 31, 2022 as
International Overdose Awareness Day
WHEREAS, the City of Oakley does affirm and acknowledge the harm and hardship caused by drug overdose; and;
WHEREAS, we recognize that the purpose of International Overdose Awareness Day is to remember loved ones lost to overdose and to end the stigma surrounding substance use disorder (SUD) and drug-related deaths; and;
WHEREAS, we resolve to play our part in reducing the toll of overdose in our community, which continues to claim the lives of Oakley community members every year and forever affects those who loved and cared about them;
WHEREAS, we affirm that the people affected by overdose are our sons and daughters, our mothers and fathers, our brothers and sisters, are deserving of our love, compassion and support and remembrance; NOW THEREFORE, BE IT RESOLVED THAT, I, Randy Pope, Mayor of the City of Oakley, join with the members of the Oakley City Council in proclaiming August 31, 2022 as International Overdose Awareness Day.

Dated: August 9, 2022
___________________
Randy Pope, Mayor
9 Date: July 19, 2022
To: Mayor and Members of City Council
From: Derek P. Cole, City Attorney
Cc: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF AUGUST 9, 2022 Background and Analysis
The City Council considered the following closed session item during its regular meeting held July 12, 2022:

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Long Beach et al. v. Monsanto Company
U.S. Dist. Ct. Central Dist. Cal, Case No. CV 16-3493 FMO (ASx) In regard to the conference with legal counsel for existing litigation, City of Long Beach et al. v. Monsanto Company, the City was proposed to be the recipient of class action funds. It was moved by Councilmember Fuller and seconded by Councilmember Higgins to opt out of the settlement agreement and the City will institute its own legal action. Motion was unanimous and so ordered. (4-0) Direction was provided to the City Attorney to execute an agreement with a private law firm to represent the City.

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4) One potential case.

In regard to the conference with legal counsel for anticipated litigation, direction was provided to staff to institute legal action.

MEMORANDUM
Office of the City Attorney
10 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
In regard to the public employee performance evaluation, direction was provided to to staff. There was no reportable action.

Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.
11 Ordinance No. XX-22 Page 1 of 2
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY REPEALING OAKLEY MUNICIPAL CODE SECTION 9.1.502 “COMMERCIAL DOWNTOWN DISTRICT (CD)” (RZ 02-22)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Findings.

The language in Oakley Municipal Code (“OMC”) section 9.1.502 has been a part of the Oakley Zoning Code since inception. Its purpose is to provide the City with a set of land uses and development standards for the continued physical and economic growth of the designated Commercial Downtown area. The Oakley Downtown Specific Plan District (Specific Plan 4), adopted in March of 2010 by Ordinance 06-10, now serves as the document to guide development of all properties formerly within the Commercial Downtown (CD) District, and the CD District is no longer represented on any portion of the Oakley Zoning Map. This repeal ordinance will delete all parts of Section 9.1.502 except for the title.

SECTION 2. Repeal of Oakley Municipal Code Section 9.1.502.

1. Oakley Municipal Code Section 9.1.502 titled “Commercial Downtown District (CD)” is hereby repealed in its entirety.

SECTION 3. California Environmental Quality Act (CEQA).

This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment.

SECTION 4. Public Hearing Notice
On or before July 1, 2022, the Notice of Public Hearing for the project was published in the Contra Costa Times, posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, and mailed out to outside agencies and parties requesting such notice.

SECTION 5. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary 12 Ordinance No. XX-22 Page 2 of 2
of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Randy Pope, Mayor
ATTEST:
_____
Libby Vreonis, City Clerk Date
13 Ordinance No. XX-22 Page 1 of 5
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 39 TO TITLE 4 OF THE OAKLEY MUNICIPAL CODE RELATING TO

MILITARY EQUIPMENT USE BY THE OAKLEY POLICE DEPARTMENT
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Oakley has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and WHEREAS, a draft of the military equipment policy that is codified by this Ordinance was made available for public review and inspection for more than 30 days prior to the public hearing in which this Ordinance was introduced; and
WHEREAS, the City Council finds that the use of the military equipment authorized by this Ordinance is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

WHEREAS, the City Council finds that the military equipment policy authorized by this Ordinance will safeguard the public’s welfare, safety, civil rights, and civil liberties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.

Chapter 39 is added to Title 4 of the Oakley Municipal Code as follows:

Chapter 39

MILITARY EQUIPMENT USE POLICY

4.39.102 Purpose.

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, in accordance with California Government Code sections 7070-7072.

4.39.104 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:
14 Ordinance No. XX-22 Page 2 of 5
a. “Governing body” means the city council.
b. “Military equipment” includes, but is not limited to, the following:
1) Unmanned, remotely piloted, powered aerial or ground vehicles; and 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers; and
3) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached; and
4) Tracked armored vehicles that provide ballistic protection to their occupants; and
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units; and 6) Weaponized aircraft, vessels, or vehicles of any kind; and 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram; and
8) Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition; and
9) Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue firearm; and
10)Any firearm or firearm accessory that is designed to launch explosive projectiles; and
11) Noise-flash diversionary devices and explosive breaching tools; and 12) Munitions containing tear gas or oleoresin capsicum, excluding standard, service-issued handheld pepper spray; and
13) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs); and
14) Kinetic energy weapons and munitions; and
15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
15 Ordinance No. XX-22 Page 3 of 5

4.39.106 Policy.

It is the policy of the City of Oakley that members of the Oakley Police Department comply with the provisions of California Government Code section 7071 with respect to military equipment.

4.39.108 Military Equipment Coordinator.

The Chief of Police should designate a member of the Police Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the governing body for matters related to the requirements of this policy; and
b. Identifying Police Department equipment that qualifies as military equipment in the current possession of the department, or the equipment the Police Department intends to acquire that requires approval by the governing body; and c. Conducting an inventory of all military equipment at least annually; and d. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Police Department; and
e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1) Publicizing the details of the meeting; and
2) Preparing for public questions regarding the Police Department’s funding, acquisition, and use of equipment.
f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website; and
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the department will respond in a timely manner.

4.39.110 Military Equipment Inventory.

The following constitutes a list of qualifying equipment for the Police Department:
a. Unmanned, remotely piloted, powered aerial or ground vehicles; and b. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition; and
c. Specialized firearms and ammunition of less than .50 caliber, including firearms 16 Ordinance No. XX-22 Page 4 of 5
and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue firearms; and d. Any firearm or firearm accessory that is designed to launch explosive projectiles; and
e. Noise-flash diversionary devices and explosive breaching tools; and f. Munitions containing tear gas or oleoresin capsicum, excluding standard, serviceissued handheld pepper spray; and g. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs); and
h. Kinetic energy weapons and munitions; and
i. Any other equipment as determined by a governing body or a state agency to require additional oversight.

4.39.112 Coordination with Other Jurisdictions.

Military equipment should not be used by any other law enforcement agency or member of the Police Department unless the military equipment is approved for use in accordance with this policy.

4.36.114 Annual Report.

Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory.

4.36.114 Community Engagement.

Within 30 days of submitting and publicly releasing the annual report, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Police Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

SECTION 2. CEQA FINDING.

The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because the instant ordinance involves 17 Ordinance No. XX-22 Page 5 of 5
continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.

SECTION 3. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 4. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after adoption.

SECTION 5. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.

PASSED, APPROVED, AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Randy Pope, Mayor
ATTEST:
____________________ _________________
Libby Vreonis, City Clerk Date
18 Ordinance No. XX-22 Page 1 of 5
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 38 TO TITLE 4 OF THE OAKLEY MUNICIPAL CODE CONCERNING

SPECTATORS AT ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED, AND SIDE SHOWS
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Oakley has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, vehicle exhibitions and street racing have been a recurring concern for the health and safety of motorists, pedestrians, and residents in the city of Oakley.

WHEREAS, these activities have caused fatal collisions, property damage and traffic congestion, creating a public nuisance; and
WHEREAS, Illegal speed contests, exhibitions of speed, and sideshows pose a clear danger to the residents of the City and the motoring public traveling on the roadways within the City; and
WHEREAS, the purpose of the proposed ordinance is to prohibit spectators at these illegal racing events with the aim of significantly curbing the harmful and injurious activity.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.

Chapter 38 is added to Title 4 of the Oakley Municipal Code as follows:

Chapter 38

SPECTATING OF ILLEGAL SPEED CONTESTS PROHIBITED

4.38.102 Purpose
The declared purpose of this chapter is to provide rules and regulations regarding the use of public property, for the protection of the public health, safety and welfare of residents of the City and users of public property, and to ensure public property is maintained in a manner consistent with the broadest use by residents of the City.

4.38.104 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:
a. “Illegal motor vehicle speed contest” or “illegal exhibition of speed” means any speed contest or exhibition of speed referred to in Vehicle Code Section 23109, subdivision (a), and reckless driving as referred to in Vehicle Code Section 23103, subdivisions 19 Ordinance No. XX-22 Page 2 of 5
(a) and (b).
b. “Preparations for an illegal motor vehicle speed contest, exhibition of speed, or sideshow” include, but are not limited to, situations in which:
1) A group of motor vehicles or individuals has arrived at a location for the purpose of participating in, or being spectators at, the event; or 2) A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in, or being a spectator at, the event; or 3) A group of individuals has gathered on private property without the consent of the owner, operator, or agent thereof for the purpose of participating in, or being a spectator at, the event; or
4) One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; or
5) Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
6) One or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or
7) An individual is stationed at or near one or more motor vehicles serving as a race starter.
c. “Sideshow” means a gathering, procession, or assemblage of vehicles where vehicles are used to exhibit stunts and maneuvers in the presence of spectators. d. “Spectator” means any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. “Spectator” includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

4.38.106 Spectating of illegal speed contests, exhibitions of speed, or sideshows prohibited.
a. It is unlawful for any individual to:
1) Be knowingly present as a spectator at an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
2) Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow. 20 Ordinance No. XX-22 Page 3 of 5
b. An individual is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow if that individual is on a public street or highway, public property, or on private property without the consent of the owner, operator, or agent thereof, and is within two hundred feet of the location of the event or within two hundred feet of the location where preparations are being made for the event. c. Exemption. Nothing in this Section prohibits law enforcement officers, medical professionals, emergency medical services employees, first responders, firefighters, or their agents from being present at illegal motor vehicle speed contests, exhibitions of speed, or sideshows in the course of their official duties.

4.38.108 Relevant circumstances to prove a violation.
a. Notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may include, but is not limited to, any of the following:
1) The time of day; or
2) The nature and description of the scene; or
3) The number of people at the scene; or
4) The location of the individual charged in relation to any individual or group present at the scene; or
5) The number and description of motor vehicles at the scene; or 6) The activities in which the motor vehicles are engaged; or 7) Whether the individual charged drove, walked, or was transported to the scene; or 8) How long the individual charged was present at the scene of the event; or 9) Whether the individual charged has previously participated in an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
10) Whether the individual charged has previously aided and abetted an illegalmotor vehicle speed contest, exhibition of speed, or sideshow; or 11) Whether the individual charged has previously attended an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
12) Whether the individual charged previously was present at a location where preparations were being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow or where an illegal motor vehicle speed contest, exhibition of speed, or sideshow was in progress.
b. The list of circumstances set forth in subsection (a) of this section is not exclusive.

Evidence of prior acts may be admissible to show the propensity of the individual charged to be present at or attend an illegal motor vehicle speed contest, exhibition of speed, or sideshow, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may be admissible to show knowledge on the part 21 Ordinance No. XX-22 Page 4 of 5
of the individual charged that an illegal motor vehicle speed contest, exhibition of speed, or sideshow was taking place at the time of the presently charged offense.

Prior acts are not limited to those that occurred within the city.

4.38.040 Enforcement.

Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1,000, unless at the discretion of the district attorney, the violation is reduced to an infraction. The city may seek compliance with this chapter by any remedy allowed under this code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in Chapter 1.5 of this code or abatement as provided in Chapter 1.6 of this code. The amount of the administrative fine is $1,000 for each violation.

SECTION 2. CEQA FINDING.

The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because the instant ordinance involves continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.

SECTION 3. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 4. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after adoption.

SECTION 5. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley. 22 Ordinance No. XX-22 Page 5 of 5
PASSED, APPROVED, AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___________
Randy Pope, Mayor
ATTEST:
____________________ _________________
Libby Vreonis, City Clerk Date
23 STAFF REPORT
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: City of Oakley Quarterly Investment Report (4th Quarter FY 2021/22) Background and Analysis
California law and the City’s Investment Policy require the City’s fiscal officer to submit a quarterly investment report to the City Council at the end of each quarter. The report should contain information on all securities held and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.

Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+ goal for the City of Oakley to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future.

Fiscal Impact
City resources are organized and accounted for on a fund basis with some of those funds being restricted for specified uses and others that are unrestricted. For investment purposes, however, the funds are invested as a pool. The Investment Report for the Period Ending June 30, 2022 attached shows a combined pool balance of $91,940,017. In addition, the pool had combined 4th Quarter accrued interest earnings of $160,981 compared to only $87,217 in the 3rd Quarter. Interest for the period reflects the rising rates currently being offered on safe investments, including LAIF’s short-term investments and the various types of investments that are being made through PFM, with terms of up to five years.

Currently, with interest rates rising and the volatility of the markets, our investments will show unrealized market losses. However, it is important to realize that those losses are on paper, and no losses will be “realized” if the investments are held to maturity.

We will continue to earn the stated rate of interest at cost on the investments that we 24 have purchased, which can be seen in the PFM investment report and averaged

1.22% for the quarter ended June 30, 2022.

The City is in compliance with the adopted investment policy and able to meet its expenditure requirements for the next six months.

Staff Recommendation
Staff recommends the City Council accept the investment report for the 4th Quarter of Fiscal Year 2021/22.

Attachments

1. City of Oakley Investment Report for the quarter ended June 30, 2022

2. Quarterly Investment Performance Report
25 26
Investment Performance Review
For the Quarter Ended June 30, 2022
Client Management Team PFM Asset Management LLC
Wale Kajopaiye, Senior Managing Consultant
Allison Kaune, Senior Analyst
Rachael Miller, Client Consultant
213 Market Street
Harrisburg, PA 17101-2141
717-232-2723
1 California Street Ste. 1000
San Francisco, CA 94111-5411
415-393-7270
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
For Institutional Investor or Investment Professional Use Only - This material is not for inspection by, distribution to, or quotation to the general public City of Oakley
27 © PFM Asset Management LLC pfmam.com |
Market Update
28 PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Current Market Themes
▸ The U.S. economy is characterized by:
▹ High inflation▹ A strong labor market▹ Depressed consumer confidence▹ Growing potential for economic recession ▸ The Federal Reserve is tightening monetary policy
▹ More aggressive rate hikes to battle persistent inflation▹ Short-term fed funds rate projected to reach 3.25% to 3.75% by year-end▹ Start of balance sheet reduction; pace to double beginning in September ▸ Asset prices have fallen sharply in 2022 as a result of:
▹ The impact of higher rates on bond prices and equity valuations▹ Wider credit spreads▹ High commodity prices, rising labor costs, and the continuing conflict in Ukraine▹ High levels of volatility and uncertainty City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
3 29
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Source: Bloomberg, as of May 2022.

U.S. Inflation Hit a New Four-Decade High in May

8.6%
-2%
0%2%4%
6%8%
10%
Mar-20 Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Q2 2022Q3 2022Q4 2022Q1 2023 Consumer Prices (CPI)
Top-Line Contributions and Year-over-Year Reading
Services (Ex Food & Energy) Goods (Ex Food & Energy) Food Energy Headline YoY% Bloomberg
Forecasts
Q2‘22
Q3‘22
Q4‘22
Q1‘23
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
4 30
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Consumers Expect High Inflation in the Near Term, But Moderation Longer Term Source: Bloomberg, as of June 2022.
0%1%2%3%4%5%6%
2017 2018 2019 2020 2021 2022
Median Price Increase
University of Michigan Survey of Consumers
Expected Change in Prices
Next 5-10 Years Next Year
A disparity exists
between consumer’s
short and long-term
inflation expectations
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
5 31
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Strong Labor Market and Spending Provide Momentum Against Signs of Economic Slowing Source: Bloomberg, as of June 2022.

Tailwinds Headwinds
$400$450$500$550$600$650$700
2017 2018 2019 2020 2021 2022
Billions
Retail Sales (Monthly)
20406080
100120
2017 2018 2019 2020 2021 2022
Index of Consumer Sentiment
34567
2017 2018 2019 2020 2021 2022
Millions
Existing Home Sales
April 20

14.7%
June 22

3.6%
0%4%8%
12%16%
2017 2018 2019 2020 2021 2022
U.S. Unemployment Rate
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
6 32
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Uncertainty Grows Around Economic Outlook
Source: Bloomberg, as of June 2022.

GDP Contributors Q2 2021 Q3 2021 Q4 2021 Q1 2022
U.S. Real GDP 6.7% 2.3% 6.9% -1.6%
Personal Consumption 7.9% 1.4% 1.8% 1.2%
Fixed Investment 0.6% -0.2% 0.5% 1.3%
Private Inventories -1.3% 2.2% 5.3% -0.4%
Net Exports -0.2% -1.3% -0.2% -3.2%Gov’t Expenditures -0.3% 0.2% -0.5% -0.5% Following a negative Q1 reading, economists
expect positive yet decelerating growth amid an
increasingly cautious consumer
33%
0%
20%40%
60%80%
100%
2012 2014 2016 2018 2020 2022
U.S. 1-Year Recession Probability
(Bloomberg Median Economist Forecast)
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
7 33
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Fed’s Updated Projections Show More Expected Inflation, Lower Growth Source: Federal Reserve, latest economic projections as of June 2022.

1.7% 1.7% 1.9% 1.8%
0%1%2%3%
2022 2023 2024 Longer
Run
Change in Real GDP
March Projections June Projections

3.7% 3.9% 4.1% 4.0%
0%1%2%3%4%5%
2022 2023 2024 Longer
Run
Unemployment Rate
March Projections June Projections

4.3%

2.7% 2.3%
0%2%4%6%
2022 2023 2024
Core PCE Inflation
March Projections June Projections

3.4%

3.8%

3.4%

2.5%
0%1%2%3%4%
2022 2023 2024 Longer
Run
Federal Funds Rate
March Projections June Projections
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
8 34
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Federal Reserve Officials Project 1.75% More in Rate Hikes in 2022 Source: Federal Reserve and Bloomberg. Individual dots represent each Fed members’ judgement of the midpoint of the appropriate target range for the federal funds rate at each year-end.

1.0%1.5%2.0%2.5%3.0%3.5%4.0%4.5%5.0%
Fed Participants’ Assessments of ‘Appropriate’ Monetary Policy Jun-22 FOMC ProjectionsJun-22 Median
2022 2023 2024 Longer Term
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
9 35
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities Market Update Surging Yields Give Back Pandemic Gains

CLIENT NAME
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Source: ICE BofAML Indices via Bloomberg, as of 6/30/2022; PFMAM calculations. 2022 Price, income, and total return is YTD as of 6/30/2022.

ICE BofA 1-3 Year Treasury Index
-8%-6%-4%-2%
0%2%4%6%8%
10%12%
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
Annual Price & Income Returns
Income Return Price Return Total Return
$100$120$140$160$180$200$220$240
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
Growth of $100
(1/1/2000 - 6/30/2022)
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
10 36
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Source: ICE BofAML 1-3 year Indices via Bloomberg, MarketAxess and PFMAM as of 6/30/2022. Spreads on ABS and MBS are option-adjusted spreads of 0-3 year indices based on weighted average life; spreads on agencies are relative to comparable maturity Treasuries. CMBS is Commercial Mortgage-Backed Securities.

Sector Yield Spreads Widened in Q2 2022
1-3 Year Indices

0.0%0.2%0.4%0.6%0.8%1.0%1.2%
Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22
Corporate Notes A-AAA Yield Spreads
-0.10%-0.05%

0.00%0.05%0.10%0.15%0.20%
Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22
Federal Agency Yield Spreads
-0.5%

0.0%0.5%1.0%1.5%2.0%
Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22
Mortgage-Backed Securities Yield Spreads
Agency MBS AAA CMBS Index

0.0%0.4%0.8%1.2%1.6%
Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22
Asset-Backed Securities AAA Yield Spreads
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
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PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Source: ICE BofAML Indices. ABS indices are 0-3 year, based on weighted average life. As of 6/30/2022.

Rising Rates and Wider Spreads Hurt Fixed-Income Returns in Q2 2022 1-3 Year Indices

0.79% 0.83%

1.18%

1.59%

1.99%

0.0%0.5%1.0%1.5%2.0%2.5%
U.S. Treasury
Agency
ABS
Corp A-AAA
Corp BBB
10-Year Average
-0.50% -0.58% -0.51%
-0.91%
-1.15%
-5.0%-4.0%-3.0%-2.0%-1.0%

0.0%
U.S. Treasury
Agency
ABS
Corp A-AAA
Corp BBB
Q2 2022
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
12 38
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Fixed-Income Sector Commentary — 2Q 2022
▸ U.S. Treasury securities posted negative returns for
more than two quarters. Yields continued to move higher on surging inflation data and expectations for aggressive Fed rate hikes over the course of 2022. ▸ The Federal Agency sector generated modest
incremental returns over Treasuries in Q2 but continue to offer narrow yield spreads and limited value. ▸ Supranational spreads are elevated for shorter
maturities but remained historically tight further out the curve. Issuance has been relatively light year-todate which has helped keep downward pressure on yield spreads. ▸ Investment grade Corporates appear to have priced
in a recession on the horizon, however, fundamentals and ratings are expected to stabilize while also carrying a low default rate. Yield spreads have been driven wider to historically attractive levels as uncertainties persist. ▸ Asset-Backed yield spreads widened after a volatile
start to the year. Some measures of collateral performance are trending worse, but overall are in a good position from a historical perspective and remain within rating agency expectations. ▸ Mortgage-Backed Securities were hampered by
soaring mortgage rates and the looming reduction to the Fed’s balance sheet. The sector will likely remain under pressure for the foreseeable future as it faces a myriad of headwinds. ▸ Taxable Municipals were one of the few investment
grade sectors that performed well during the quarter. But while issuance has slowed despite appearing at attractive levels, deals remain heavily oversubscribed, pressuring spreads lower. ▸ Commercial Paper and CD spreads remain elevated
and attractive, particularly on maturities near nine months which have heightened value and a steeper curve.

City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
13 39
PFM Asset Management LLC
For the Quarter Ended June 30, 2022
California Affiliated Risk Management Authorities CLIENT NAME Market Update For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Fixed-Income Sector Outlook – 3Q 2022
Negative Slightly Negative Neutral Slightly Positive Positive Sector Our Investment Preferences

C O M M E R C I A L P A P E R
/ C D

T R E A S U R I E S
T-Bill
T-Note

F E D E R A L A G E N C I E S
Bullets
Callables

S U P R A N A T I O N A L S

C O R P O R A T E S
Financials
Industrials

S E C U R I T I Z E D
Asset-Backed
Agency Mortgage-Backed
Agency CMBS

M U N I C I P A L S
Current outlook Outlook one quarter ago
City of Oakley
For the Quarter Ended June 30, 2022
Market Update
© PFM Asset Management LLC pfmam.com |
14 40
© PFM Asset Management LLC pfmam.com |
Portfolio Review
41 © PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Snapshot
|
Total market value includes accrued interest and balances invested in CAMP, as of June 30, 2022.Yield and duration calculations exclude balances invested in CAMP.The portfolio’s benchmark is the ICE BofAML 1-5 Year U.S. Treasury Index. Source: Bloomberg.

An average of each security’s credit rating was assigned a numeric value and adjusted for its relative weighting in the portfolio.

1. Portfolio Snapshot - CAMP-CITY OF OAKLEY¹
Credit Quality - S&P
12%
24%
31%
23%
9%
2%
35%
28%
20%
15%
0%
10%20%30%40%
0-1 Yr 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs
Portfolio Benchmark
Duration Distribution
U.S. Treasury | 87%Corporate | 13%Joint Powers Authority | <1% Sector Allocation
AAAm | <1%AA+ | 90%AA | 2%AA- | 1%A+ | 3%A | 2%A- | 2%
Portfolio Statistics
Portfolio Effective Duration 2.41 years
Benchmark Effective Duration 2.52 yearsPortfolio Credit Quality AA Yield At Market 3.06%
Yield At Cost 1.22%
Total Market Value $28,894,713.77
Managed Account Sub-Total $28,790,645.58Pool $46,384.59 Accrued Interest $57,683.60
16 42
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Account Summary
|
Account Summary

1. Yield at market, yield on cost, and portfolio duration only include investments held within the separately managed account(s), excludes balances invested in overnight funds.

The current 7-day yield is the net change, exclusive of capital changes and income other than investment income, in the value of a hypothetical fund account with a balance of one share over the seven-day base period including the statement date, expressed as a percentage of the value of one share (normally $1.00 per share) at the beginning of the seven-day period. This resulting net change in account value is then annualized by multiplying it by 365 and dividing the result by 7. The yields quoted should not be considered a representation of the yield of the fund in the future, since the yield is not fixed.

2. City of Oakley - City of Oakley - 6111-01
Portfolio Values June 30, 2022CAMP Managed Account $28,790,646 CAMP Pool $46,385
Amortized Cost $30,034,580
Market Value $28,790,646
Accrued Interest $57,684
Cash $0
Analytics¹ June 30, 2022Yield at Market 3.06%
Yield on Cost 1.22%Portfolio Duration 2.41
CAMP Pool7-Day Yield 1.40%
17 43
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Account Summary
|

0.2%

12.6%

87.2%

0.0% 20.0% 40.0% 60.0% 80.0% 100.0%
Joint Powers Authority - $46,385
Corporate - $3,643,454
U.S. Treasury - $25,204,875
Portfolio Allocation Sector Limit for Analysis*
Sector Allocation Analytics
For informational/analytical purposes only and is not provided for compliance assurance. Includes accrued interest.*Sector Limit for Analysis is as derived from our interpretation of your most recent Investment Policy as provided. 18 44
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Compliance
|
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").

Certificate of Compliance
During the reporting period for the quarter ended June 30, 2022, the account(s) managed by PFM Asset Management ("PFMAM")were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.

Acknowledged : PFM Asset Management LLC
19 45
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Activity
|
Portfolio Activity - CAMP-CITY OF OAKLEY
Net Activity by Sector
($ millions)
U.S. Treasury
Corporate
U.S. Treasury
Corporate
($3.0) ($2.0) ($1.0) $0.0 $1.0 $2.0 $3.0
Based on total proceeds (principal and accrued interest) of buys, sells, maturities, and principal paydowns. Detail may not add to total due to rounding.

Sector Net ActivityCorporate $399,364U.S. Treasury ($192,186)Total Net Activity $207,178 Sales/Maturities Purchases
20 46
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Characteristics
|
$0$6
$12$18$24$30
$0$6
$12$18$24$30
June 2022
$0$6
$12$18$24$30
March 2022
$0.0$6.0
$12.0$18.0$24.0$30.0
Millions
December 2021
Sector Allocation Review - CAMP-CITY OF OAKLEY
U.S. Treasury Corporate Joint Powers Authority
Market values, excluding accrued interest. Only includes fixed-income securities held within the separately managed account(s) and LGIPs managed by PFMAM. Detail may not add to total due to rounding.

Security Type Dec-21 % of Total Mar-22 % of Total Jun-22 % of Total % of Total U.S. Treasury $17.8 89.8% $25.6 87.9% $25.2 87.2% $0.0 0.0%Corporate $1.9 9.8% $3.3 11.3% $3.6 12.6% $0.0 0.0%Joint Powers Authority $0.1 0.4% $0.2 0.8% $0.0 0.2% $0.0 0.0%Total $19.8 100.0% $29.1 100.0% $28.8 100.0% $0.0 0.0% 21 47
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Performance
|

1. Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.2. Returns are presented on a periodic basis.3. The portfolio’s benchmark is the ICE BofAML 1-5 Year U.S. Treasury Index. Source: Bloomberg. -3.5%-3.0%-2.5%-2.0%-1.5%-1.0%-0.5%

0.0%
Return
Portfolio Benchmark Net of Fees
Portfolio Performance
Market Value Basis Earnings 2Q2022 1Q2022 4Q2021 3Q2021Interest Earned¹ $69,578 $45,267 - - Change in Market Value ($296,020) ($789,856) - - Total Dollar Return ($226,442) ($744,589) - - Total Return²
Portfolio -0.78% -3.24% - - Benchmark³ -0.81% -3.16% - - Basis Point Fee 0.02% 0.02% - - Net of Fee Return -0.80% -3.26% - - 2Q2022 1Q2022 4Q2021 3Q2021 22 48
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Performance
|

1. Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.2. Realized gains / (losses) are shown on an amortized cost basis.

Accrual Basis Earnings - CAMP-CITY OF OAKLEY
Accrual Basis EarningsInterest Earned¹Realized Gains / (Losses)²Change in Amortized CostTotal Earnings 3Q2021---- 4Q2021---- 1Q2022 $45,267- ($3,523) $41,744 2Q2022 $69,578 ($3,291) $14,769 $81,056 23 49
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Summary
|
Ratings shown are calculated by assigning a numeral value to each security rating, then calculating a weighted average rating for each security type / issuer category using all available security ratings,excluding Not-Rated (NR) ratings. For security type / issuer categories where a rating from the applicable NRSRO is not available, a rating of NR is assigned. Includes accrued interest and excludes balancesinvested in overnight funds.

Issuer Diversification
Security Type / Issuer Market Value (%) S&P / Moody's / FitchU.S. Treasury 87.4% UNITED STATES TREASURY 87.4% AA / Aaa / AAA
Corporate 12.6%
3M COMPANY 0.7% A / A / NR
AMAZON.COM INC 2.4% AA / A / AAAPPLE INC 1.3% AA / Aaa / NR BANK OF AMERICA CO 0.7% A / A / AABRISTOL-MYERS SQUIBB CO 0.7% A / A / NRBURLINGTON NORTHERN SANTA FE 0.7% AA / A / NR COMCAST CORP 0.7% A / A / AGOOGLE INC 1.0% AA / Aa / NRJP MORGAN CHASE & CO 0.7% A / A / AAMASTERCARD INC 0.8% A / A / NRSTATE STREET CORPORATION 1.4% A / A / AATARGET CORP 0.7% A / A / ATOYOTA MOTOR CORP 0.7% A / A / A Total 100.0%
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© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Holdings
|
Managed Account Detail of Securities Held
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
U.S. Treasury
US TREASURY NOTESDTD 12/31/2015 2.125% 12/31/2022
912828N30 1,125,000.00 AA+ Aaa 3/14/2022 3/16/2022 1,133,745.12 1.14 64.96 1,130,518.47 1,122,539.06 US TREASURY NOTESDTD 03/31/2021 0.125% 03/31/2023
91282CBU4 2,500,000.00 AA+ Aaa 10/13/202 10/14/202 2,495,605.47 0.25 785.52 2,497,749.14 2,450,781.25 US TREASURY NOTESDTD 09/30/2021 0.250% 09/30/2023
91282CDA6 2,500,000.00 AA+ Aaa 10/13/202 10/14/202 2,494,726.56 0.36 1,571.04 2,496,641.50 2,417,187.50 US TREASURY N/B NOTESDTD 12/31/2021 0.750% 12/31/2023
91282CDR9 2,025,000.00 AA+ Aaa 3/14/2022 3/16/2022 1,987,822.27 1.80 41.27 1,993,895.58 1,958,554.69 US TREASURY NOTESDTD 03/31/2017 2.125% 03/31/2024
912828W71 2,400,000.00 AA+ Aaa 10/13/202 10/14/202 2,495,156.25 0.50 12,819.67 2,467,636.09 2,364,374.88 US TREASURY N/B NOTESDTD 09/15/2021 0.375% 09/15/2024
91282CCX7 2,500,000.00 AA+ Aaa 10/13/202 10/14/202 2,482,617.19 0.62 2,751.36 2,486,852.93 2,358,593.75 US TREASURY N/B NOTESDTD 11/15/2021 0.750% 11/15/2024
91282CDH1 2,050,000.00 AA+ Aaa 3/14/2022 3/16/2022 1,984,496.09 1.99 1,963.65 1,991,684.72 1,943,336.04 US TREASURY NOTESDTD 03/31/2020 0.500% 03/31/2025
912828ZF0 1,425,000.00 AA+ Aaa 10/13/202 10/14/202 1,413,087.89 0.75 1,790.98 1,415,538.17 1,329,703.13 US TREASURY NOTESDTD 05/31/2020 0.250% 05/31/2025
912828ZT0 1,000,000.00 AA+ Aaa 3/14/2022 3/16/2022 944,687.50 2.04 211.75 949,737.36 922,656.20 US TREASURY NOTESDTD 09/30/2020 0.250% 09/30/2025
91282CAM3 2,320,000.00 AA+ Aaa 10/13/202 10/14/202 2,264,265.63 0.87 1,457.92 2,274,280.10 2,118,812.38 US TREASURY NOTESDTD 01/31/2021 0.375% 01/31/2026
91282CBH3 1,490,000.00 AA+ Aaa 5/2/2022 5/3/2022 1,352,349.61 3.00 2,330.70 1,358,281.95 1,354,503.13 US TREASURY N/B NOTESDTD 03/31/2021 0.750% 03/31/2026
91282CBT7 1,835,000.00 AA+ Aaa 10/13/202 10/14/202 1,816,721.68 0.98 3,459.43 1,819,639.03 1,685,332.81 US TREASURY N/B NOTESDTD 05/31/2021 0.750% 05/31/2026
91282CCF6 930,000.00 AA+ Aaa 6/6/2022 6/7/2022 850,732.03 3.04 590.78 852,040.44 850,804.73 US TREASURY N/B NOTESDTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 2,510,000.00 AA+ Aaa 10/13/202 10/14/202 2,487,939.45 1.06 5,520.63 2,491,104.87 2,292,335.81 Security Type Sub-Total 26,610,000.00 26,203,952.74 1.12 35,359.66 26,225,600.35 25,169,515.36 25 51
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Holdings
|
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
Joint Powers Authority
CAMP Pool 46,384.59 AAAm NR 46,384.59 0.00 46,384.59 46,384.59 Security Type Sub-Total 46,384.59 46,384.59 0.00 46,384.59 46,384.59 Corporate
AMAZON.COM INC CORPORATE
NOTESDTD 05/12/2021 0.450% 05/12/2024
023135BW5 300,000.00 AA A1 3/14/2022 3/16/2022 290,007.00 2.04 183.75 291,363.92 285,199.20 TOYOTA MOTOR CREDIT CORP CORPNOTESDTD 02/13/2020 1.800% 02/13/2025 89236TGT6 220,000.00 A+ A1 10/13/202 10/15/202 225,425.20 1.04 1,518.00 224,270.62 209,719.18 3M COMPANY (CALLABLE) CORPNOTESDTD 08/26/2019 2.000% 02/14/2025 88579YBH3 215,000.00 A+ A1 10/13/202 10/15/202 222,221.85 0.97 1,636.39 220,646.06 206,502.99 MASTERCARD INC CORPORATENOTESDTD 12/03/2019 2.000% 03/03/2025 57636QAN4 225,000.00 A+ A1 3/14/2022 3/16/2022 222,387.75 2.41 1,475.00 222,645.84 216,922.05 BURLINGTN NORTH SANTA FE CORPNOTES (CALDTD 03/09/2015 3.000% 04/01/2025 12189LAV3 210,000.00 AA- A3 10/13/202 10/15/202 223,351.80 1.12 1,575.00 220,406.22 207,071.34 AMAZON.COM INC CORPORATE
NOTESDTD 04/13/2022 3.000% 04/13/2025
023135CE4 400,000.00 AA A1 4/11/2022 4/13/2022 399,364.00 3.06 2,600.00 399,409.84 396,525.60

APPLE INC (CALLABLE) CORP NOTES
DTD 05/11/2020 1.125% 05/11/2025
037833DT4 400,000.00 AA+ Aaa 10/13/202 10/15/202 401,944.00 0.99 625.00 401,548.79 375,749.60 COMCAST CORP (CALLABLE)CORPORATE NOTESDTD 05/27/2015 3.375% 08/15/2025 20030NBN0 205,000.00 A- A3 10/13/202 10/15/202 221,514.80 1.22 2,613.75 218,244.67 202,337.05 BRISTOL-MYERS SQUIBB COCORPORATE NOTESDTD 11/13/2020 0.750% 11/13/2025 110122DN5 225,000.00 A+ A2 3/14/2022 3/16/2022 210,096.00 2.66 225.00 211,287.87 204,901.20 BANK OF AMERICA CORP(CALLABLE) CORPORATDTD 02/13/2020 2.015% 02/13/2026 06051GHY8 220,000.00 A- A2 10/13/202 10/15/202 225,106.20 1.46 1,699.32 224,019.51 206,826.40 26 52
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Holdings
|
Security Type/DescriptionDated Date/Coupon/Maturity CUSIP Par S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
Corporate
STATE STREET CORP NOTES(CALLABLE)DTD 10/29/2020 2.901% 03/30/2026 857477BM4 215,000.00 A A1 3/14/2022 3/16/2022 215,483.75 2.84 1,576.61 215,437.12 208,034.86 STATE STREET CORP NOTES(CALLABLE)DTD 10/29/2020 2.901% 03/30/2026 857477BM4 210,000.00 A A1 10/13/202 10/15/202 222,541.20 1.51 1,539.95 219,967.37 203,196.84 JPMORGAN CHASE & CODTD 04/15/2020 2.083% 04/22/2026
46647PBK1 220,000.00 A- A2 10/13/202 10/15/202 225,416.40 1.52 878.33 224,566.19 205,846.08

ALPHABET INC CORP NOTES
(CALLABLE)DTD 08/09/2016 1.998% 08/15/2026
02079KAC1 300,000.00 AA+ Aa2 3/14/2022 3/16/2022 294,777.00 2.42 2,264.40 295,123.47 283,975.50 TARGET CORP CORPORATE NOTESDTD 01/24/2022 1.950% 01/15/2027 87612EBM7 200,000.00 A A2 3/14/2022 3/16/2022 194,764.00 2.53 1,700.84 195,081.24 185,175.40 TARGET CORP CORPORATE NOTESDTD 01/24/2022 1.950% 01/15/2027 87612EBM7 25,000.00 A A2 1/19/2022 1/24/2022 24,957.50 1.99 212.60 24,961.20 23,146.93 Security Type Sub-Total 3,790,000.00 3,819,358.45 1.89 22,323.94 3,808,979.93 3,621,130.22 Managed Account Sub Total 30,400,000.00 30,023,311.19 57,683.60 28,790,645.58Securities Sub TotalAccrued Interest $30,446,384.59 $30,069,695.78 $57,683.60 $28,837,030.17 $57,683.60
30,034,580.28
$30,080,964.87

1.22 1.22%
Total Investments $28,894,713.77
27 53
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Coupon Amount ($)
Yield
at Market
Realized
Security Description G/L (BV)
BUY4/11/2022 4/13/2022 400,000.00 023135CE4 AMAZON.COM INC CORPORATE NOTES 3.00% 4/13/2025 399,364.00 3.06%5/2/2022 5/3/2022 1,490,000.00 91282CBH3 US TREASURY NOTES 0.37% 1/31/2026 1,353,769.64 3.00%6/6/2022 6/7/2022 930,000.00 91282CCF6 US TREASURY N/B NOTES 0.75% 5/31/2026 850,865.43 3.04% Total BUY 2,820,000.00 2,603,999.07 0.00
INTEREST4/1/2022 4/1/2022 210,000.00 12189LAV3 BURLINGTN NORTH SANTA FE CORP NOTES (CAL 3.00% 4/1/2025 3,150.004/22/2022 4/22/2022 220,000.00 46647PBK1 JPMORGAN CHASE & CO 2.08% 4/22/2026 2,291.305/11/2022 5/11/2022 400,000.00 037833DT4 APPLE INC (CALLABLE) CORP NOTES 1.12% 5/11/2025 2,250.005/12/2022 5/12/2022 300,000.00 023135BW5 AMAZON.COM INC CORPORATE NOTES 0.45% 5/12/2024 675.005/13/2022 5/13/2022 225,000.00 110122DN5 BRISTOL-MYERS SQUIBB CO CORPORATE NOTES 0.75% 11/13/2025 843.755/15/2022 5/15/2022 2,050,000.00 91282CDH1 US TREASURY N/B NOTES 0.75% 11/15/2024 7,687.505/31/2022 5/31/2022 1,000,000.00 912828ZT0 US TREASURY NOTES 0.25% 5/31/2025 1,250.006/30/2022 6/30/2022 2,025,000.00 91282CDR9 US TREASURY N/B NOTES 0.75% 12/31/2023 7,593.756/30/2022 6/30/2022 1,125,000.00 912828N30 US TREASURY NOTES 2.12% 12/31/2022 11,953.13 Total INTEREST 7,555,000.00 37,694.43 0.00
28 54
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Coupon Amount ($)
Yield
at Market
Realized
Security Description G/L (BV)
SELL4/11/2022 4/13/2022 180,000.00 9128286Y1 US TREASURY NOTES 1.75% 6/15/2022 181,430.59 -8.125/2/2022 5/3/2022 1,345,000.00 9128286Y1 US TREASURY NOTES 1.75% 6/15/2022 1,355,879.63 -193.996/6/2022 6/7/2022 850,000.00 912828N30 US TREASURY NOTES 2.12% 12/31/2022 859,510.58 -3,089.38 Total SELL 2,375,000.00 2,396,820.80 -3,291.49
29 55
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Appendix
|
Important Disclosures
This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation, as it was prepared without regard to any specific objectives or financial circumstances.Investment advisory services are provided by PFM Asset Management LLC ("PFMAM"), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bankis a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.PFMAM professionals have exercised reasonable professional care in the preparation of this performance report. Information in this report is obtained from sourcesexternal to PFMAM and is generally believed to be reliable and available to the public; however, we cannot guarantee its accuracy, completeness or suitability. We rely on the client's custodian for security holdings and market values. Transaction dates reported by the custodian may differ from money manager statements. While efforts are made to ensure the data contained herein is accurate and complete, we disclaim all responsibility for any errors that may occur. References to particular issuers arefor illustrative purposes only and are not intended to be recommendations or advice regarding such issuers. Fixed income manager and index characteristics are gathered from external sources. When average credit quality is not available, it is estimated by taking the market value weights of individual credit tiers on the portion ofthe strategy rated by a NRSRO.It is not possible to invest directly in an index. The index returns shown throughout this material do not represent the results of actual trading of investor assets.

Third-party providers maintain the indices shown and calculate the index levels and performance shown or discussed. Index returns do not reflect payment of any salescharges or fees an investor would pay to purchase the securities they represent. The imposition of these fees and charges would cause investment performance to belower than the performance shown.The views expressed within this material constitute the perspective and judgment of PFMAM at the time of distribution and are subject to change. Any forecast,projection, or prediction of the market, the economy, economic trends, and equity or fixed-income markets are based upon certain assumptions and current opinion asof the date of issue and are also subject to change. Some, but not all assumptions are noted in the report. Assumptions may or may not be proven correct as actualevents occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Opinions and datapresented are not necessarily indicative of future events or expected performance.For more information regarding PFMAM's services or entities, please visit www.pfmam.com.© 2022 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. 30 56
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Appendix
|
Important Disclosures
This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buyor sell any fund or other security. Investors should consider the Trust's investment objectives, risks, charges, and expenses before investing in the Trust. This and otherinformation about the Trust is available in the Trust's current Information Sheet, which should be read carefully before investing. A copy of the Trust's information Statement may be available by calling 1-800-729-7665 or is available on the Trust's website at www.camponline.com. While the Trust seeks to maintain a stable net asset value of $1.00 per share, it is possible to lose money investing in the Trust. An investment in the Trust is not insured or guaranteed by the Federal DepositInsurance Corporation or any other government agency. Shares of the Trust are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is an affiliate of PFM Asset Management LLC.

Market values that include accrued interest are derived from closing bid prices as of the last business day of the month as supplied by Refinitiv, Bloomberg, or Telerate. Where prices are not available from generally recognized sources, the securities are priced using a yield-based matrix system to arrive at an estimatedmarket value.

In accordance with generally accepted accounting principles, information is presented on a trade date basis; forward settling purchases are included in the monthly balances, and forward settling sales are excluded.

Performance is presented in accordance with the CFA Institute's Global Investment Performance Standards (GIPS). Unless otherwise noted, performance is showngross of fees. Quarterly returns are presented on an unannualized basis. Returns for periods greater than one year are presented on an annualized basis. Past performance is not indicative of future returns.

Bank of America/Merrill Lynch Indices provided by Bloomberg Financial Markets.Money market fund/cash balances are included in performance and duration computations.Standard & Poor's is the source of the credit ratings. Distribution of credit rating is exclusive of money market fund/LGIP holdings.Callable securities in the portfolio are included in the maturity distribution analysis to their stated maturity date, although, they may be called prior to maturity.MBS maturities are represented by expected average life. 31 57
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Appendix
|
Glossary
Accrued Interest: Interest that is due on a bond or other fixed income security since the last interest payment was made.Agencies: Federal agency securities and/or Government-sponsored enterprises.Amortized Cost: The original cost of the principal of the security is adjusted for the amount of the periodic reduction of any discount or premium from the purchase date until the date of the report. Discount or premium with respect to short-term securities (those with less than one year to maturity at time of issuance) is amortized on a straight line basis. Such discount or premium with respect to longer-term securities is amortized using the constant yield basis.

Asset-Backed Security: A financial instrument collateralized by an underlying pool of assets – usually ones that generate a cash flow from debt, such as loans, leases, credit card balances, and receivables.

Bankers’ Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the insurer.Commercial Paper: An unsecured obligation issued by a corporation or bank to finance its short-term credit needs, such as accounts receivable and inventory.Contribution to Total Return: The weight of each individual security multiplied by its return, then summed for each sector to determine how much each sector addedor subtracted from the overall portfolio performance.Effective Duration: A measure of the sensitivity of a security’s price to a change in interest rates, stated in years.Effective Yield: The total yield an investor receives in relation to the nominal yield or coupon of a bond. Effective yield takes into account the power of compoundingon investment returns, while nominal yield does not.FDIC: Federal Deposit Insurance Corporation. A federal agency that insures bank deposits to a specified amount.Interest Rate: Interest per year divided by principal amount and expressed as a percentage.Market Value: The value that would be received or paid for an investment in an orderly transaction between market participants at the measurement date.Maturity: The date upon which the principal or stated value of an investment becomes due and payable.Negotiable Certificates of Deposit: A CD with a very large denomination, usually $1 million or more, that can be traded in secondary markets.Par Value: The nominal dollar face amount of a security.Pass-through Security: A security representing pooled debt obligations that passes income from debtors to its shareholders. The most common type is themortgage-backed security. 32 58
© PFM Asset Management LLC pfmam.com
City of Oakley
For the Quarter Ended June 30, 2022
Appendix
|
Glossary
Repurchase Agreements: A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.Settle Date: The date on which the transaction is settled and monies/securities are exchanged. If the settle date of the transaction (i.e., coupon payments andmaturity proceeds) occurs on a non-business day, the funds are exchanged on the next business day.Supranational: A multinational union or association in which member countries cede authority and sovereignty on at least some internal matters to the group, whosedecisions are binding on its members.Trade Date: The date on which the transaction occurred; however, the final consummation of the security transaction and payment has not yet taken place.Unsettled Trade: A trade which has been executed; however, the final consummation of the security transaction and payment has not yet taken place.U.S. Treasury: The department of the U.S. government that issues Treasury securities.Yield: The rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis.

YTM at Cost: The yield to maturity at cost is the expected rate of return based on the original cost, the annual interest receipts, maturity value, and the time periodfrom purchase date to maturity, stated as a percentage on an annualized basis.YTM at Market: The yield to maturity at market is the rate of return based on the current market value, the annual interest receipts, maturity value, and the timeperiod remaining until maturity, stated as a percentage on an annualized basis. 33 59

STAFF REPORT
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: City of Oakley as Successor Agency to the Oakley Redevelopment Agency – Quarterly Investment Report (4
th Quarter FY 2021/22)
Background and Analysis
California law and the City’s Investment Policy require the Agency’s fiscal officer to submit a quarterly investment report to the Agency’s governing board. The report should contain information on all securities held, and include a statement denoting the ability of the local agency to meet its expenditure requirements for the next six months.

Fiscal Impact
The Investment Report for the Period Ending June 30, 2022 attached shows a balance of $1,611,209.76 in cash for operations. To increase annual cash flow savings of refunding bonds, cash reserves were applied to bond insurance with Build America Mutual (BAM). The Reserve Requirements are satisfied in face amounts of $571,000 for 2015 Bonds and $1,827,318.76 for 2018 Bonds.

The Agency is in compliance with the City’s annually adopted investment policy. The tax revenues distributed to the Agency is sufficient to make the Agency’s enforceable obligation payments as approved by the Department of Finance.

Staff Recommendation
Staff recommends the City Council, as the Board of the Successor Agency, accept the investment report for the 4th Quarter of Fiscal Year 2021/22.

Attachments

1. City of Oakley as Successor Agency to the Redevelopment Agency Investment Report for the quarter ended June 30, 2022.
60 61

STAFF REPORT
Approved and Forwarded to the City Council
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Fiscal Year (FY) 2021/22 Fourth Quarter Report on the Capital Improvement Program
Background and Analysis
This report summarizes the status of the various projects in the City of Oakley Capital Improvement Program (CIP) at the end of the Fourth Quarter for FY 2021/22.

The City's CIP is a multi-year forecast of capital needs that include new construction projects and planned improvements of existing facilities. The CIP establishes structure by identifying, prioritizing, approving, and the funding of capital improvement projects.

Since the demand for capital projects typically exceeds the amount of available funds, projects are prioritized based on the City Council’s Strategic Goals.

The following highlights some of the projects and their progress in the Fourth Quarter of FY 2021/22 (April-June 2022):

1. Oakley Regional Community Park Project
Project # 176
Schedule: Project is on hold until grant funding is secured Budget: $3,547,859 Local Fund, Grant Amount to be determined in future Funding Source: State Grant, Community Park Fund, and Park Impact Fee This project transforms a 55-acre site at the end of Sellers Avenue that was given to the City as part of the development agreements with the Emerson and Gilbert Ranch development projects. This site had a number of older structures related to a dairy farm that has been closed for decades. The first phase of this project was to demolish the old and abandoned structures, which were a safety concern, and to clean up the site. This task was accomplished in the summer of 2019. In March of 2021, the City applied for a State Proposition 68 grant to fund the first phase of this project and did not qualify for the grant. The 62 construction of the Oakley Regional Park will span several years as funding is secured through a combination of Grants and local funds.

2. Police Department Parking Lot Expansion Project
Project # 253
Schedule: Construction is complete
Budget: $900,000
Funding Source: General Capital Fund
The existing Police Department parking lot did not have adequate space for all of the vehicles and equipment that are used by Police Department staff. This problem has necessitated the utilization of off-site locations for parking and equipment storage. This approach is neither efficient nor safe. The scope of work included the grading and paving of a new parking lot that connects the existing Police Department parking lot to West Ruby Street. The new parking lot has landscaping and lights similar to the rest of the parking lots at the Civic Center and will complement the parking facilities that are currently in use. This new parking lot provides Police Officers direct access to West Ruby Street and other major streets in Oakley without having to navigate the busy parking lot that is used by Black Bear Diner Restaurant customers.

3. Downtown Gateway Plaza Roadway and Parking Lot Project Project # 205
Schedule: Design is underway
Budget: $813,613 for Design & $700,000 for Construction Funding Source: Main Street Fund
The Downtown Gateway Plaza Roadway and Parking Lot Project will complement a new San Joaquin Joint Power Authorities train platform station located north of Main Street in the general area between 2nd Street and O’Hara Avenue. The San Joaquin Joint Power Authorities has secured the grant funding for the design and construction of the new platform station and will operate the train platform station after its construction. This train platform station is strategically located in downtown, adjacent to the Main Street Gateway Plaza and its associated parking lot. The roadway improvements and parking lot are designed and will be constructed by the City. The new parking lot is anticipated to provide over 300 parking spaces, and is a big part of the future for Downtown Oakley. It is anticipated that the respective design efforts by the San Joaquin Joint Power Authorities and the City will continue into fall 2022 followed by the construction of the project starting in spring 2023.
63 4. FY 2021/22 Curb, Gutter and Sidewalk Reconstruction Project Project # 257
Schedule: Construction is complete
Budget: $115,059
Funding Source: General Capital Projects
This project repaired and replaced damaged concrete curb, gutter and sidewalk in the community as part of the 50-50 cost sharing program between the City and property owners. This project has been successfully implemented for the past few years and continued into FY 2021/22. This project has helped to provide safe pedestrian facilities and reduce liability and claims for trip and fall accidents.

5. East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project
Project # 247
Schedule: Design is underway
Budget: $6,280,000
Funding Source: Traffic Impact Fee Fund
The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic volumes on this road. This project will widen and improve East Cypress Road to east of Knightsen Avenue to Jersey Island Road. The improvements will include curb and gutter, sidewalks and a median island. The widening will stop short of the Contra Costa Canal where the developer to the east of the canal will be responsible to continue the widening and improvement of East Cypress Road. The design of this project is currently underway, and construction is anticipated to start in the winter of 2022.

6. Downtown Parking Lot Construction Project
Project # 215
Schedule: Construction is underway
Budget: $3,979,000
Funding Source: Main Street Fund, General Capital Fund
This project, in continuing the implementation of the Strategic Goals of the City Council to improve and enhance Downtown Oakley; will construct a new parking lot and associated street infrastructure on the north side of Main Street and the Norcross Lane intersection. This new parking lot will be located behind the Entrepreneur Center and the new Oakley Mercantile Building and will serve the greater downtown merchants and their customers. The construction of the 64 project is currently underway, and it is anticipated that the construction work will be completed by fall 2022.

7. Oakley Civic Center Emergency Generator Project
Project # 228
Schedule: Construction is underway
Budget: $197,500
Funding Source: General Capital Fund
The Civic Center facility is the center of government in Oakley which handles all critical functions for the community residents, including Police services. The current facility does not have a standby emergency generator to address the frequent PG&E power outages that take place in this region. This project will install an emergency generator which will provide electricity to the entire Civic Center facility in times of power emergencies. The new generator has been delivered and installed and the City is currently working with PG&E to coordinate the power transfer to the new generator prior to the start-up of operations. Once this PG&E task has been completed, the generator will be on standby and ready to supply electricity during future power outages. It is anticipated that the construction work will be completed by summer 2022.

8. Holly Creek Restroom Construction Project
Project # 248
Schedule: Construction is underway
Budget: $350,000
Funding Source: Park Impact Fee Fund
This project will construct a permanent restroom facility at Holly Creek Park.

The demand for City of Oakley recreational fields continues to grow, particularly for organized sports such as Baseball and Soccer leagues. The field at Holly Creek Park is one of the favorite and much desired fields in Oakley for leagues to play their sporting activities. This park does not have any restroom facilities which necessitates the placement of portable toilets at this park. This approach has created many operational and sanitary issues and is not a sustainable solution to address the need for a public restroom facility. This project will construct a permanent restroom facility at this park, similar to the restroom facility that was recently constructed at the Koda Dog Park. The construction of this project is currently underway, and it is anticipated that the construction work will be completed by the fall of 2022.
65 9. Supervisory Control And Data Acquisition (SCADA) System installation for Cypress Grove and Emerson Ranch Pump Stations Project Project # 266
Schedule: Construction is complete
Budget: $60,000
Funding Source: Community Facility Fund
This project will install modern hardware and software at Emerson Ranch and Cypress Grove Pump Stations to be compatible with the SCADA system that is currently working for the Gilbert Ranch Pump station. The new SCADA system is designed to collect field information, transfer it to a central computer facility at the Public Works Department, thereby allowing staff to monitor and control an entire system from City Hall.

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

Fiscal Impact
Each project listed in this report has a budgeted source of funds which have been approved by the City Council. These sources include Grants, Gas Tax, Measure J Sales Tax, Traffic Impact Fees, General Fund, Main Street Fund, and other Special Use funds. There is no fiscal impact associated with this CIP Update, this report is solely for informational purposes.

Staff Recommendation
The Oakley City Council should provide comments and input to staff on the CIP report for the Fourth Quarter of FY 2021/22.
66 DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Acceptance of work associated with the Police Department Parking Lot Expansion Project – Capital Improvement Project Number 253 ______________________________________________________________________ Background and Analysis
The City’s adopted FY 2021/22 Capital Improvement Program (CIP) Budget designates funding for the City’s adopted FY 2021/22 Capital Improvement Program which designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

The Police Department expanded its workforce since its transition from the County Sherriff’s Office to the City of Oakley Police Department. The increase in personnel required more room for additional vehicles and equipment. The existing parking had limited space and Police Department staff had to park their vehicles and equipment in other locations at City Hall and the City’s storage yard on Neroly Road. This was not a viable option, so the City acquired a vacant property that backs up to the south side of the existing parking lot, with access to West Ruby Street via secure gate. By having direct access to West Ruby Street police officers will not have to navigate the parking lot used by Black Bear Diner Restaurant customers. The new parking lot will allow the Police Department to keep their vehicles and equipment in one location. This will be a significant safety improvement as well as improve response times for police officers.

On July 13, 2021, the City Council awarded a contract to R&R Pacific Construction for the construction of the Police Department Parking Lot Expansion Project. This work has been successfully completed by R&R Pacific Construction.

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

STAFF REPORT
Approved and Forwarded to the City Council
67 Fiscal Impact
The authorized budget for the construction of this project was $721,742.38. This project was completed on time and under the authorized budget for a complete total of $711,820.05.

Pursuant to the contract documents, 5% of the accrued costs were withheld from the amount paid to the contractor. These funds are called “retention,” and are held until the end of the project to ensure that the contractor completes the project in a timely manner.

Approval of this item will authorize the release of the retention payment to the contractor.

The retention was already budgeted as part of the contract and change order approvals, so there is no additional fiscal impact associated with this action.

Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting Capital Improvement Project Number 253 – Police Department Parking Lot Expansion Project as constructed by R&R Pacific Construction to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder.

Attachments

1. Resolution

2. Notice of Completion
68 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING THE WORK AS COMPLETE BY R&R PACIFIC CONSTRUCTION INC., FOR CAPITAL IMPROVEMENT PROJECT NUMBER 253 – POLICE DEPARTMENT

PARKING LOT EXPANSION PROJECT
WHEREAS, Freyer and Laureta Inc., prepared the plans, specifications, and estimates for Capital Improvement Project (CIP) Number 253 – Police Department Parking Lot Expansion Project; and
WHEREAS, on July 13, 2021, by adopting Resolution No. 81-21, the City Council awarded a construction contract to R&R Pacific Construction Inc., for the construction of the Police Department Parking Lot Expansion Project - CIP Number 253; and WHEREAS, R&R Pacific Construction Inc., has satisfied the contractual requirements necessary for the acceptance of the Police Department Parking Lot Expansion Project - CIP Number 253 to be deemed complete in the final amount of $711,820.05.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Police Department Parking Lot Expansion Project - CIP Number 253 is hereby accepted as complete.

BE IT FURTHER RESOLVED AND ORDERED, that the City Clerk is hereby directed to file a Notice of Completion for the Police Department Parking Lot Expansion Project - CIP Number 253 with the County Recorder.

PASSED, APPROVED AND ADOPTED this 9
th day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
__
Libby Vreonis, City Clerk Date
69 WHEN RECORDED MAIL TO:

City Clerk
City Of Oakley
3231 Main Street
Oakley, CA 94561
RECORDING REQUESTED BY:

City Of Oakley
3231 Main Street
Oakley, CA 94561
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

NOTICE OF COMPLETION
Capital Improvement Project Number 253 – Police Department Parking Lot Expansion Project
NOTICE IS HEREBY GIVEN THAT:

The CITY OF OAKLEY, a political subdivision of the State of California, did, on July 13, 2021, enter into an agreement with R&R Pacific Construction Inc., for the construction of Capital Improvement Project (CIP) Number 253 – Police Department Parking Lot Expansion Project, with work located on 3231 Main Street, Oakley, CA. 94561.

The Owner’s nature of interest or estate in the property described below is in fee.

The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete CIP Number 253 – Police Department Parking Lot Expansion Project.

On August 9, 2022, said contract, as a whole was completed and the work was accepted by the City Council of the City of Oakley.
______________________________________________________________________

VERIFICATION
I have read the foregoing NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed this 9th day of August 2022 at Oakley, California.

Date: ______________ By:

Libby Vreonis, City Clerk
City of Oakley, California

PURSUANT TO GOVERNMENT CODE
§6103 NO FEE IS REQUIRED FOR THE

RECORDATION OF THIS DOCUMENT
70 STAFF REPORT
Approved and Forwarded to the City Council
Bryan H. Montgomery, City Manager
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/ City Engineer SUBJECT: Approving the Agreement with Eastern Contra Costa Transit Authority for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for the Tri Delta Transit Park and Ride project located at 4300 Main Street (APN 035-282-063) and authorizing the City Manager to execute the agreement.

Background and Analysis
The installation of the Permanent Stormwater Pollution Prevention Measures (BMP’s) for the Tri Delta Transit Park and Ride project is required with the improvements associated with the project. The City’s Stormwater Management and Discharge Control Ordinance requires proper operation and maintenance of the permanent BMP’s by the respective property owners. The “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” memorializes the owner’s maintenance, operations and inspection obligation under the City’s Ordinance and the approved plans.

Under the Contra Costa Countywide National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit, projects “deemed complete” after February 15, 2005 are to comply with the provisions of the Permit. The City adopted an Ordinance, as required by the Permit, to enable this activity within the City of Oakley. A requirement of the permit is that each property implement stormwater treatment devices, fund the perpetual maintenance of those devices, and enter into an agreement with the City stating that the property owner will maintain the devices, and grant a right of entry to City staff for inspections.

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

Fiscal Impact
There is no fiscal impact associated with the agreement since all inspection, operations, and maintenance costs are the responsibility of the property owners. 71 Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for the Tri Delta Transit Park and Ride project and authorize the City Manager to sign the agreement on behalf of the City.

Attachments
1) Resolution
2) Location Map
3) “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for the Eastern Contra Costa Transit Authority Park and Ride project.
72 Resolution No. XX-22 Page 1 of 1

RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING

THE AGREEMENT WITH EASTERN CONTRA COSTA TRANSIT AUTHORITY (APN 035-282-063) FOR “STORMWATER MANAGEMENT FACILITY OPERATIONS AND MAINTENANCE AGREEMENT AND RIGHT OF ENTRY” FOR THE TRI DELTA TRANSIT PARK AND RIDE PROJECT LOCATED AT 4300 MAIN STREET AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Oakley’s Stormwater Management and Discharge Control Ordinance requires proper operation and maintenance of the Permanent Stormwater Pollution Prevention Measures installed for the Tri Delta Transit Park and Ride project; and
WHEREAS, the “Stormwater Management Facility Operations and Maintenance Agreement and Right of Entry” memorializes the owner’s maintenance, operations, and inspection obligations under the City’s Ordinance and the approved plans; and WHEREAS, the installation of the Permanent Stormwater Pollution Prevention Measures for the Tri Delta Park and Ride project will be consistent with the approved improvements plans; and
WHEREAS, Eastern Contra Costa Transit Authority, the current owner of the parcel described in Exhibit A, desires to execute the “STORMWATER MANAGEMENT AND FACILITY OPERATIONS AND MAINTENANCE AGREEMENT AND RIGHT OF ENTRY”; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does hereby approve the “STORMWATER MANAGEMENT FACILITY OPERATIONS AND MAINTENANCE AGREEMENT AND RIGHT OF ENTRY” for the Tri Delta Park and Ride project in the form attached hereto as Exhibit A and authorizes the City Manager to execute the agreement.

PASSED, APPROVED AND ADOPTED this 9
th day of August, 2022 by the following
vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
73 1" = 100'
DATE: JULY 2020
SCALE:

FILE: CC-09107-024

STORM WATER CONTROL PLAN EXHIBIT

TRI DELTA TRANSIT PARK-N-RIDE - OAKLEY, CA
74 1
04/29/2021
Recording Requested By:

CITY OF OAKLEY
Return to: CITY OF OAKLEY
City Clerk
3231 Main Street
Oakley, CA 94561
______________________________________________________________________________

Eastern Contra Costa Transit Authority Park and Ride (OAKLEY)

CITY OF OAKLEY

COVENANT RUNNING WITH THE LAND,

STORMWATER MANAGEMENT FACILITY OPERATIONS

AND MAINTENANCE AGREEMENT, AND RIGHT OF ENTRY
(Single Parcel)
PROJECT: Eastern Contra Costa Transit Authority Park and Ride (OAKLEY) OWNERS NAMES: Eastern Contra Costa Transit Authority
ASSESSOR'S PARCEL NUMBER: 035-282-063
75 2

COVENANT RUNNING WITH THE LAND,

STORMWATER MANAGEMENT FACILITIES

OPERATION AND MAINTENANCE AGREEMENT,

AND RIGHT OF ENTRY
This Covenant Running with the Land, Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry ("Agreement") is made and entered into this _9th__ day of __August__, 2022_, by and between Eastern Contra Costa Transit Authority, (hereinafter referred to as "Property Owner") and The City of Oakley, a municipal corporation ("City").

The following terms used in this Agreement shall have the meanings specified below:

DEFINITIONS
Maintain: The term "Maintain" or "Maintained" shall mean taking all actions reasonably necessary to keep the Stormwater Facility in first class operation, condition and repair, which actions include but are not limited to regular inspections, painting, cleaning, maintenance, refinishing, repairing, replacing and reconstructing the Stormwater Facility, and in the case of landscaping, plant replacement, mulch replacement, irrigating, trimming, mowing, and fertilizing the landscaping. The term “maintain” shall also include the routine maintenance, and the annual inspection and reporting described in the Stormwater Control Operation and Maintenance Plan, and the payment of any applicable City fees.

Maintaining the facility in compliance with the “Stormwater Treatment Facilities Operations and Maintenance Plan” on file with the City of Oakley..

NPDES Permit: The term " NPDES Permit" shall mean the San Francisco Bay Regional Water Quality Control Board's National Pollutant Discharge Elimination System (NPDES) Permit No. CAS612008 (issued to the City of Oakley) as amended, and as may be superseded by subsequent NPDES permits that are reissued from time to time.

Ordinance: The term "Ordinance" shall mean Chapter 11 of Title 6 of the City of Oakley Municipal Code (Stormwater Management and Discharge Control), as may be amended from time to time.

Property Owner: The term "Property Owner" and "Property Owners" shall mean Eastern Contra Costa Transit Authority and all heirs, successors, executors, administrators and assigns of Eastern Contra Costa Transit Authority in the Property, it being the intent of the parties hereto that the obligations undertaken in this Agreement, as provided in Civil Code section 1468, run with the Property described in Exhibit A and constitute a lien against the Property.

Property: The term "Property" shall mean that certain real property located at __4300 Main Street, Oakley, CA__, and more particularly described in Exhibit A which is attached hereto and hereby incorporated herein by reference.

Plan: The term "Plan" or "Operation and Maintenance Plan" means the City-approved Stormwater Control Operation and Maintenance Plan prepared by Mark Thomas & Company, Inc. and approved by the City Engineer in writing, which may be subsequently modified from time to time with City Engineer's written approval.
76 3
Stormwater Facility: The term "Stormwater Facility" means the permanent stormwater management facilities located and constructed on the Property.

RECITALS
This Agreement is made and entered into with reference to the following facts:

A. The Property Owner is the owner of the real property more particularly described on the attached Exhibit A.

B. The City is the owner of Main Street and its storm drains that are adjacent to the Property, and the City is required to ensure that stormwater run-off from the Property into its storm drains meets the requirements of its NPDES Permit.

C. To meet its obligations under its NPDES Permit the City has required the Property Owner to construct the Stormwater Facility on the Property.

D. To meet its obligations under its NPDES Permit the City has approved the Property Owner's Operation and Maintenance Plan for the Stormwater Facility.

E. To meet its obligations under its NPDES Permit the City’s Ordinance requires proper operation and maintenance in perpetuity of the Stormwater Facility constructed on the Property.

F. The Plan includes an annual inspection and reporting requirement for the Stormwater Facility constructed on the Property.

G. This Agreement memorializes the Property Owner's maintenance, operations, and inspection obligations under the City’s Ordinance, the City's NPDES Permit and the Plan.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

SECTION 1
Responsibility for Operation and Maintenance: No portion of the Stormwater Facility may be altered, in any way, by the Property Owner without the prior written consent of the City Engineer of the City of Oakley. The Property Owner shall Maintain the Stormwater Facility in first class operating condition, and in compliance with all applicable state, county and city laws and regulations. Applicable regulations include, but are not limited to, the City-approved Stormwater Control Operation and Maintenance Plan, and the provisions of the Ordinance, as they may be amended from time to time.

The Property Owner shall engage a landscape contractor or other licensed contractor to Maintain the Stormwater Facility. The City Engineer, in her or his sole absolute discretion, may approve an alternate 77 4
method for the maintenance of the Stormwater Facility. The City Engineer, also in her or his sole absolute discretion, may revoke the approval of a previously approved alternate method for the maintenance of the Stormwater Facility.

The City of Oakley is the owner of the public right of way for Main Street and responsible for the maintenance of the Stormwater Facility within the public right of way. City of Oakley is responsible for street sweeping of Main Street.

SECTION 2
Inspection by Property Owner: The Property Owner shall cause its contractor to conduct annual inspections. A report of such inspection shall be submitted to the City of Oakley annually. The annual inspection report shall include completion of the checklist described in the approved Operation and Maintenance Plan. The Property Owner or its contractor must submit the inspection report to the City Engineer within 30 days after the annual inspection.

SECTION 3
Right of Entry and Stormwater Facility Inspection by the City: The Property Owner hereby grants permission to the City, its authorized agents and employees, and Ironhouse Sanitary District, the East Contra Costa Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board to enter the portion of the Property where the Stormwater Facility is located, and to inspect the Stormwater Facility whenever any of the forgoing entities deems necessary to enforce provisions of the City's Ordinance.

These entities may enter the premises at any reasonable time to inspect the Stormwater Facility's maintenance and operation, to inspect and copy records related to compliance with stormwater regulations, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry, and in all instances shall provide notice following such entry.

SECTION 4
Failure to Perform Required Stormwater Facility Repairs or Maintenance by the Property Owner: If the Property Owner or its successors fails to Maintain the Stormwater Facility in good working order and in accordance with the approved Plan and the City’s Ordinance, the City, with prior notice, may enter the Property to return the Stormwater Facility to good working order. The City is under no obligation to Maintain or repair the Stormwater Facility, and this Agreement may not be construed to impose any such obligation on the City. If the City, under this section takes any action to return the Stormwater Facility to good working order, the Property Owner shall reimburse the City for all the costs incurred by the City, including administrative costs. The City will provide the Property Owner with an itemized invoice of the City’s costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the City may secure a lien against the real property of the Property Owner in the amount of such costs. In addition the City may make the cost of abatement of the nuisance caused by the failure to Maintain the Stormwater Facility a special assessment against the Property that may be collected at the same time and in the same manner 78 5
as ordinary municipal taxes are collected as provided in Government Code section 38773.5. This Section 4 does not prohibit the City from pursuing other legal recourse against the Property Owner.

SECTION 5
Indemnity: The Property Owner agrees to defend, indemnify and holds harmless the City, its officials, employees and its authorized agents from any and all damages, accidents, casualties, occurrences, claims, penalties or fines which might arise or be asserted against the City and which are in any way connected with the construction, operation, presence, existence or maintenance of the Stormwater Facility by the Property Owner, or from any personal injury or property damage that may result from the City or other public entities entering the Property under Section 3 or 4.

The City agrees to defend, indemnify and holds harmless the Property Owner, its officials, employees and its authorized agents from any and all damages, accidents, casualties, occurrences, claims, penalties or fines which might arise or be asserted against the Property Owner and which are in any way connected with the City’s obligations regarding construction, operation, presence, existence or maintenance of the Stormwater Facility or other maintenance obligations of the City arising out of this agreement.

SECTION 6
Successors and Assigns: The covenants of the Property Owner set forth in numbered Sections 1 through 5 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Property Owner, its successors and assigns in ownership (or any interest therein), for the benefit of Main Street and its storm drains and each and every part thereof and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns in ownership of each and every part of the Street and storm drains.

SECTION 7
Severability: Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect.

Recommended for approval: City of Oakley:
____________________________________ ______________________________ Kevin Rohani, City Engineer Joshua McMurray, City Manager Reviewed by: Attest:
____________________________________ ______________________________ Derek P. Cole, City Attorney Libby Vreonis, City Clerk
79 6
Eastern Contra Costa Transit Authority:
____________________________________
Chief Executive Officer
Approved as to form:
_____________________________________
Eli Flushman
General Counsel
Attachments: Acknowledgements
Exhibit A
State of California
County of Contra Costa
On_______________, before me, ____________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Signature________________________
Signature of Notary Public
A Notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
80 7

EXHIBIT A
Legal description
81 July 26, 2022
HMH 5675.10.7562

567510PL01.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”

REAL PROPERTY in the City of Oakley, County of Santa Clara, State of California, being all of Parcels One, Two & Three as described in the Grant Deed recorded February 6, 2009, in Document No. 2009-0023988-00, Contra Costa County Records, described as follows:

BEGINNING at the southerly corner of said Parcel One, being on the northeasterly line of Main Street (State Highway 4);
Thence along said northeasterly line, the following three courses:

1. North 35°36'28" West, 31.90 feet;

2. Thence North 44°24'39" West, 327.02 feet;

3. Thence along a tangent curve to the left, having a radius of 3,062.21 feet, through a central angle of 11°16'28" for an arc length of 602.57 feet, to the northwesterly line of said Parcel Three;
Thence along said northwesterly line, North 34°18'53" East, 58.48 feet, to the southwesterly line of the Burlington Northern Santa Fe Railroad;
Thence along said southwesterly line, the following two courses:

1. Southeasterly, along a non-tangent curve to the right, having a radius of 3,769.74 feet, whose center bears South 29°18'43" West, through a central angle of 10°47'41" for an arc length of 710.23 feet;

2. Thence South 49°53'37" East, 131.62 feet, to the easterly line of said Parcel One; Thence along said easterly line, South 02°14'02" West, 205.71 feet, to the POINT OF BEGINNING.

Containing 2.15 acres, more or less.

For Stormwater Agreement only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.

This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.

Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720

82 BURLINGTON NORTHERN SANTA FE RAILROAD MAIN STREET
1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
1 IN. = FT. 0 50 100100
83 STAFF REPORT
Approved and Forwarded to the City Council
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt Resolution of Intention to Establish Community Facilities District No. 2022-1 (HCP/NCCP Services)
Background and Analysis
Vesting Tentative Maps 9156, 9311, 9401, and 9404 within the East Cypress Corridor (“ECC”) Specific Plan are collectively known as the Cypress Preserve (the “Project”).

The Project area is within Planning Areas 1, 3, and 4 of the ECC Specific Plan and is expected to consist of a total of over 3,100 attached and detached single-family residential units at build-out. The Project encompasses existing Assessor Parcel Numbers 020-140-048, 020-150-003, 032-050-003, 032-082-001, 032-082-005, and 032-082-013 located along East Cypress Road on the eastern edge of the City.

The applicant for the Project, ACD-TI Oakley, LLC (the “Developer”), is conditioned to permanently protect the approximately 255-acre North Preserve (Planning Area 1) and its 76 acres of wetlands; create approximately 15 acres of new wetland habitat in the North Preserve; permanently protect the approximately 13-acre wetland area in the Project's southeast corner also known as the South Preserve (Planning Area 4); and permanently protect 43.1 acres of wetlands located within the Project but outside of the North and South Preserve areas.

In December of 2006, the East Contra Costa County Habitat Conservation Plan Association, which included Contra Costa County (the “County”), the City of Oakley (the “City”), and other local government entities, completed preparation of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP”). The purpose of the HCP/NCCP is to conserve species covered by the HCP/NCCP while allowing for compatible economic development and growth in east Contra Costa County and the cities of Brentwood, Clayton, Oakley, and Pittsburg (collectively the “Cities”). For this purpose, the HCP/NCCP includes a conservation strategy that will establish a system of habitat preserves linked to existing protected land to form a network of protected areas (the “Preserve System”). The East Contra Costa County Habitat Conservancy (the “Conservancy”) was established on April 16, 2007, pursuant to a joint powers 84 agreement amongst the County and the Cities, to serve as the implementing entity for the HCP/NCCP responsible for overseeing the assembly and day-to-day operations of the Preserve System.

The Conservancy, the City, the Developer, and the Wildlife Heritage Foundation entered into an agreement on June 13, 2018, regarding the extension of authorization for the incidental take of certain covered species identified in the HCP/NCCP for the Project (the “Take Authorization Agreement”). The Take Authorization Agreement was subsequently amended on July 23, 2021. The amendment included revised terms for payment of the permanent impact mitigation fee amount due for the Project, including a reduction of $2,500,000 in Developer fees, on condition of the formation of an assessment district or community facilities district that will provide on-going revenue to offset the value of the reduction.

The Developer has requested the City assist with the formation of Community Facilities District No. 2022-1 (HCP/NCCP Services) (“CFD No. 2022-1”) to satisfy the condition of the Take Authorization Agreement related to the formation of a community facilities district. City staff and the Developer are currently coordinating with the Conservancy to finalize the Joint Community Facilities Agreement (the “JCFA”), which allows the City to disburse the CFD No. 2022-1 special tax revenues, minus administrative costs associated with CFD No. 2022-1 incurred by the City, to the Conservancy each fiscal year beginning with FY 2023-24.

CFD No. 2022-1 will fund the HCP/NCCP services described in the attached Resolution of Intention Exhibit “A” (Description of Services), which generally include program administration, management, maintenance, monitoring, and research associated with the Preserve System. The boundaries of CFD No. 2022-1 encompass existing Project Assessor Parcel Numbers 020-140-048, 020-150-003, 032-050-003, 032-082-001, 032-082-005, and 032-082-013 as shown on the attached Boundary Map.

The City has received a signed petition from the Developer requesting the establishment of CFD No. 2022-1. The City is required to consider the formation of the CFD if a petition is filed with the City Clerk. The petition is attached for Council’s reference.

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.

Local Goals & Polices
On December 9, 2014, the City adopted Resolution No. 126-14, which amended the “City of Oakley’s Statement of Local Goals and Policies and Appraisal Standards Concerning the Use of the Mello-Roos Community Facilities Act of 1982”. In the future, if it is determined that the “Amended and Restated Local Goals and Policies and 85 Appraisal Standards Concerning the Use of Mello-Roos Community Facilities Act of 1982” need to be further amended, the Council has the authority to amend them at any time. The proposed formation of CFD No. 2022-1 complies with the City’s “Amended and Restated Local Goals and Policies and Appraisal Standards Concerning the Use of Mello-Roos Community Facilities Act of 1982”.

Fiscal Impact
There will be no financial impact to the City's General Fund. The Developer for the Project has funded all costs associated with the formation of CFD No. 2022-1. The proposed annual maximum special tax rate for CFD No. 2022-1, in FY 2022-23 dollars, to fund HCP/NCCP services and CFD administration is shown in the table below.

Detached Single-Family Residential Parcels located within the boundaries of CFD No. 2022-1 may be taxed for the ensuing fiscal year if the City has issued a final inspection report for the parcel, approving the property for occupancy by June 30th prior to the ensuing fiscal year. The taxes are anticipated to be placed on the property tax rolls commencing in FY 2023-24.

As specified in the attached Resolution of Intention Exhibit “B” (Rate and Method of Apportionment of Special Tax), the annual maximum special tax shall be increased by applying the percentage increase, if any, in the Consumer Price Index for San Francisco-Oakland-Hayward, CA (All Urban Consumers) for the prior year (April to April) 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.

The City will annually transfer all funds collected through the CFD, minus CFD administration costs, to the Conservancy at a minimum rate of $109.66 per Detached Single-Family Residential Parcel (in FY 2022-23 dollars) increased annually by the Consumer Price Index described above.

Staff Recommendation
Staff recommends that City Council adopt the Resolution of Intention to Establish CFD No. 2022-1, and set September 27, 2022, at 6:30 p.m., or as soon thereafter as possible, as the time and date for the Public Hearing for the formation of CFD No. 2022-1.

If the City Council adopts the Resolution of Intention to Establish CFD No. 2022-1, the remaining process (Council meetings in bold) for the establishment of CFD No. 2022-1 will be as follows:

Land Use
Classification
Fiscal Year 2022-23
Maximum Special Tax
Single-Family Parcel $119.66 per parcel
86 August 24, 2022 Election materials are sent to the property owner(s) of the Project
August 24, 2022 City Clerk to record Boundary Map (within 15 days of the adoption of the Resolution of Intention)
September 19, 2022 Community Facilities District Report filed with the City Clerk in advance of Public Hearing
September 19, 2022 City Clerk publishes Notice of Public Hearing (at least once a minimum of 7 days prior to the Public Hearing)
September 27, 2022 City Council holds Public Hearing (at least 30, but not more than 60 days after adoption of the Resolution of
Intention) and considers the following actions:
1) Adopt Resolution approving JCFA;
2) Adopt Resolution of Formation of CFD;
3) Adopt Resolution Calling Special
Landowner Election for CFD;
4) Conduct Election;
5) Adopt Resolution Declaring Results of
Special Landowner Election and Directing
Recording of Notice of Special Tax Lien
within CFD;
6) Take First Reading of Ordinance Levying
Special Tax within CFD.

October 11, 2022 City Clerk files the Notice of Special Tax Lien with the County Recorder’s Office (must be completed within 15
days of the adoption of the Resolution Confirming Results of Election and directing the recordation of the Notice of Special Tax Lien)
October 11, 2022 Second Reading of Ordinance Levying Special Tax within CFD
October 26, 2022 Publication of Ordinance (within 15 days after its passage)
Attachments
1) CFD No. 2022-1 Petition
2) Resolution of Intention to Establish CFD No. 2022-1
a. Exhibit A – Description of Services
b. Exhibit B – Rate and Method of Apportionment
3) CFD No. 2022-1 Boundary Map
87 CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)

PETITION
(With Waivers)
To Create a Community Facilities District
and Related Matters
To The Honorable City Council
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

This is a petition to create a Community Facilities District and related matters under the MelloRoos Community Facilities Act of 1982 (the “Act”) and it states as follows:

1. Petitioner. This Petition is submitted by the person (the “Petitioner”) identified below as or for the record owner of the parcels of land identified below (the “Property”). The Petitioner warrants to the City of Oakley (the “City”) that the Petitioner is such owner or is legally authorized to execute this Petition for and on behalf of such owner.

2. Proceedings Requested. This Petition asks that the City Council undertake proceedings under the Act to create a Community Facilities District to be designated “City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services)” (the “Community Facilities District”) to levy special taxes in the Community Facilities District.

3. Purpose. This Petition asks that the Community Facilities District be created and that the special taxes be levied to finance all or a part of the public services (the “Services”) shown in Exhibit A attached hereto and made a part hereof.

4. Special Tax. The Petitioner agrees that the City will, subject to the approval of the Petitioner in the proceedings for the Community Facilities District, be authorized to levy a Special Tax in the Community Facilities District to pay for the Services, to be levied pursuant to the Rate and Method of Apportionment shown in Exhibit B attached hereto and made a part hereof, subject to the completion of all proceedings by the City under the Act.

5. Boundaries. The Petitioner hereby approves the proposed boundary map of the Community Facilities District shown in Exhibit C hereto, which shows the proposed parcels to be included in the Community Facilities District, which encompasses the Property.

6. Election. The Petitioner asks that the special property-owner election to be held under the Act to authorize the Special Tax and to establish any appropriations limits for the Community Facilities District be conducted by the City and its officials, using a mailed or hand88 -2-
delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on the Community Facilities District under the Act or as soon thereafter as possible.

7. Waivers. To expedite the completion of the proceedings for the Community Facilities District, the Petitioner waives all required notices of hearing and all published notices regarding the establishment of the Community Facilities District, notices of landowner election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, whether contained in the Government Code, Elections Code, Streets & Highways Code, or elsewhere, it being acknowledged by the Petitioner that all such notices are for the benefit of the Petitioner and may be waived. Landowner expressly waives the time limits specified by Government Code Section 53326. Landowner expressly waives any and all claims based on, and hereby consents to, any error, irregularity, or departure from the provisions of the Act, and any and all laws incorporated therein, in the formation process and acknowledges that the formation of the CFD and the Property to the CFD are valid and shall not be affected by any such error, irregularity, or departure.

8. Authority Warranted. The Petitioner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the formation of the Community Facilities District 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 Petitioner for the Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply to the City current title evidence so that the City may supply any notice and ballot required under the Act for the establishment of the Community Facilities District.

9. Due-Diligence and Disclosures. The Petitioner agrees to cooperate with the City, its attorneys and consultants and to provide all information and disclosures required by the City about the Special Tax to purchasers of the Property or any part of it. 89 -3-

10. Agreements. The Petitioner 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 under this Petition, including any amount of cash deposit required to pay for the City’s costs in establishing the Community Facilities District. Petitioner agrees that this Petition shall not be considered as filed with the City for purposes of commencing proceedings for the Community Facilities District under the Act unless and until deemed filed by the City in its absolute discretion.

The exact legal name of the Petitioner: ACD-TI OAKLEY, LLC, a Delaware limited liability company
Mailing address for receiving ballots: _______________
_______________
_______________
Attn: ______________
The Property that is the subject of this
Petition is identified as:

As shown on Exhibit D hereto
The total acreage of the Property
(to 3 decimal places):
1,232.790 acres
* * * * * * * * * * * *
By executing this petition, the Petitioner agrees to all of the above.

Dated: _____________, 2022

ACD-TI OAKLEY, LLC,
a Delaware limited liability company
By: _________________________

Its: __________________________
90 Exhibit A

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP 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, services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982) to implement and support the East Contra Costa County Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP). The East Contra Costa County Habitat Conservancy (the “Conservancy”), a Joint Powers Authority, oversees the assembly and the management of the HCP/NCCP Preserve System. The purpose of the HCP/NCCP is to protect natural resources and to streamline the environmental permitting process for impacts on endangered species. The purpose of the Preserve System is to preserve major habitats, to manage habitats to enhance populations of covered species and maintain ecosystem processes, and to compensate for habitat loss. The services that may be provided include but are not limited to the following:
• Program administration related to the HCP/NCCP.
• Management and maintenance of the Preserve System as described in the HCP/NCCP. • Monitoring, research, and adaptive management of the Preserve System as described in the HCP/NCCP.

In addition, the following costs will be funded by the special taxes levied within the CFD:
• 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. • Any amounts needed to cure actual or estimated delinquencies in CFD special taxes for the current or previous fiscal years.
91 Exhibit B

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes (as hereafter defined) in the City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services) (the “CFD” or “CFD No. 2022-1”) shall be levied and collected each Fiscal Year according to the tax liability determined by the Administrator through the application of the appropriate Special Tax rate for Taxable Property, as described below. All property in CFD No. 2022-1, 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. 2022-1, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

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 is constructed following the construction of a primary Residential Unit 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 as needed, utilizing in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“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.
92 Exhibit B

“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. 2022-1 as set forth in the documents adopted by the Council when CFD No. 2022-1 was formed.
“Building Permit” means a building permit issued by the City to construct a building structure improvement with a 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. 2022-1” means the City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services).
“City” means the City of Oakley.
“City Manager” means the City Manager of the City of Oakley. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2022-1.
“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 Single-Family Parcels for which a final inspection report approving the property for occupancy has been issued by the City on or prior to June 30 of the preceding Fiscal Year in which Special Taxes are to be levied. In the absence of a final inspection report, any Single-Family Parcel 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 Subdivision 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 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 93 Exhibit B

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. “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. “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. 2022-1 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. 2022- 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 dwelling for residential use as defined per the County Assessor.
"Single-Family Parcel" means a Parcel having a detached Residential Unit and designated by the County Land Use Code 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 the appropriate Land Use Classification to the Taxable Parcel described in Section C below. “Special Tax” means the tax levied on Taxable Property within CFD No. 2022-1 to pay the annual Special Tax Requirement.
“Special Tax Requirement” means, the amount of revenue needed in any Fiscal Year for each Tax Zone to pay for the following: (i) Authorized Services; (ii) Administrative Expenses; and (iii) 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. 94 Exhibit B

“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2022-1 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within CFD No. 2022-1 designated on the CFD boundary or annexation map. All property within CFD No. 2022-1 at the time of CFD Formation is within either Tax Zone 1 or Tax Zone 2. Additional Tax Zones may be created when property is annexed to CFD No. 2022-1, 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. 2022-1 shall be identified by Assessor’s Parcel Number at the time of annexation. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2022-1 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. 2022-1, (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, (iv) determine which Tax Zone each Parcel of Taxable Property is located in, and (v) 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. 2022-1 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 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. The Fiscal Year 2022-23 Maximum Special Tax for all Taxable Parcels of Developed Property within Tax Zone 1 is shown below in Table No. 1. No Special Tax shall be levied on Undeveloped Property or Parcels within Tax Zone 2.

Land Use
Classification
Fiscal Year 2022-23
Maximum Special Tax
Single-Family Parcel $119.66 per parcel
Table No. 1 - Developed Property (Tax Zone 1)
95 Exhibit B

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 San Francisco-Oakland-Hayward, CA (All Urban Consumers) for the prior year (April to April) 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. In the event the Consumer Price Index for San FranciscoOakland-Hayward, CA (All Urban Consumers) ceases to be published, the Maximum Special Tax may be increased based on a comparable index as determined by Administrator at the Administrator’s discretion.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Tax Zone 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. 2022-1 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. 2022-1.

E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Undeveloped Property, Public Property, mineral rights Parcels, or any privately-owned Parcels that are non-developable, such as common areas, wetlands, open space, preserve areas, parks, etc. except as otherwise provided in this RMA and in the Act. In addition, no Special Tax shall be levied on Parcels within Tax Zone 2.

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 an ordinance or 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 indefinitely if Authorized Services are being provided and is necessary to pay the Special Tax Requirement.
96 Exhibit B

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. 2022-1 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 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. 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.
97 Exhibit C

EXHIBIT C

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)

BOUNDARY MAP
attached
98 Exhibit D

EXHIBIT D

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)

PROPERTY SUBJECT OF THIS PETITION
Description of Parcel
(APN)
Property
Owner
Total
Acreage
020-140-048 ACD-TI OAKLEY LLC 115.82
020-150-003 ACD-TI OAKLEY LLC 232.57
032-050-003 ACD-TI OAKLEY LLC 179.90
032-082-001 ACD-TI OAKLEY LLC 333.61
032-082-005 ACD-TI OAKLEY LLC 94.68
032-082-010 ACD-TI OAKLEY LLC 8.22
032-082-011 ACD-TI OAKLEY LLC 8.22
032-082-013 ACD-TI OAKLEY LLC 259.77
Total: 1,232.79
99 Resolution No. ___-22 Page 1
RESOLUTION NO. ____-22

A RESOLUTION OF THE CITY COUNCIL

OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the City Council (the “Council”) of the City of Oakley (the “City”) is authorized to establish a community facilities district and to act as its legislative body;
WHEREAS, in order to finance the costs of certain city services permitted under the Act, the Council desires to form a new community facilities district; and NOW, THEREFORE, the City Council of the City of Oakley resolves as follows:

1. Authority. This Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act.

2. Name of CFD. The name proposed for the community facilities district is “City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP)” (the “CFD”).

3. Boundaries Described. The proposed boundaries of the CFD Area are as shown on the map on file with the City Clerk. Those boundaries are hereby preliminarily approved and reference is hereby made to the boundary map for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office of the Contra Costa County Recorder within 15 days after the date of adoption of this Resolution, but in any event no later than 15 days prior to the public hearing date specified below.

4. Services. The type of services (the “Services”) proposed to be financed by the CFD pursuant to the Act shall consist of those listed in Exhibit A hereto and hereby incorporated herein.

This Council hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329.5(a) of the Act.

5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee may determine, including direct billing of the 100
Resolution No. ___-22 Page 2
affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein (the “Rate and Method”). This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

6. Exempt Property. Except as may otherwise be provided by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California, the County and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. If a portion of the property within the CFD becomes exempt for any reason, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD that is not exempt in order to yield the annual expenses of the CFD, if any, subject to the provisions of the rate and method of apportionment of the Special Tax and the Act regarding limitations on maximum annual Special Tax rates and annual increases in the annual Special Tax levy.

7. Election and Unanimous Approval. The levy of the Special Tax shall be subject to the approval of the qualified electors within the CFD at a special election. The proposed voting procedure shall be by approval of the qualified landowner voters within the proposed CFD at a special election.

8. CFD Report. The City Manager (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which shall present the following:
(a) A description of the Services that will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.

9. Public Hearing. Tuesday, September 27, 2022, at 6:30 p.m. or as soon as possible thereafter, in the City Council Chambers, 3231 Main Street, Oakley, California, are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax.

10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication shall be completed at least 7 days before 101
Resolution No. ___-22 Page 3
the date of the public hearing specified above.

The notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

12. 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 9th day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_____________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk
102
Exhibit A

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP 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, services ("services" shall have the meaning given to that term in the Mello-Roos Community Facilities Act of 1982) to implement and support the East Contra Costa County Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP). The East Contra Costa County Habitat Conservancy (the “Conservancy”), a Joint Powers Authority, oversees the assembly and the management of the HCP/NCCP Preserve System. The purpose of the HCP/NCCP is to protect natural resources and to streamline the environmental permitting process for impacts on endangered species. The purpose of the Preserve System is to preserve major habitats, to manage habitats to enhance populations of covered species and maintain ecosystem processes, and to compensate for habitat loss. The services that may be provided include but are not limited to the following:
• Program administration related to the HCP/NCCP.
• Management and maintenance of the Preserve System as described in the HCP/NCCP. • Monitoring, research, and adaptive management of the Preserve System as described in the HCP/NCCP.

In addition, the following costs will be funded by the special taxes levied within the CFD:
• 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. • Any amounts needed to cure actual or estimated delinquencies in CFD special taxes for the current or previous fiscal years.
103
Exhibit B

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes (as hereafter defined) in the City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services) (the “CFD” or “CFD No. 2022-1”) shall be levied and collected each Fiscal Year according to the tax liability determined by the Administrator through the application of the appropriate Special Tax rate for Taxable Property, as described below. All property in CFD No. 2022-1, 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. 2022-1, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

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 is constructed following the construction of a primary Residential Unit 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 as needed, utilizing in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“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.
104
Exhibit B

“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. 2022-1 as set forth in the documents adopted by the Council when CFD No. 2022-1 was formed.
“Building Permit” means a building permit issued by the City to construct a building structure improvement with a 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. 2022-1” means the City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services).
“City” means the City of Oakley.
“City Manager” means the City Manager of the City of Oakley. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2022-1.
“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 Single-Family Parcels for which a final inspection report approving the property for occupancy has been issued by the City on or prior to June 30 of the preceding Fiscal Year in which Special Taxes are to be levied. In the absence of a final inspection report, any Single-Family Parcel 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 Subdivision 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 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 105
Exhibit B

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. “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. “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. 2022-1 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. 2022- 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 dwelling for residential use as defined per the County Assessor.
"Single-Family Parcel" means a Parcel having a detached Residential Unit and designated by the County Land Use Code 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 the appropriate Land Use Classification to the Taxable Parcel described in Section C below. “Special Tax” means the tax levied on Taxable Property within CFD No. 2022-1 to pay the annual Special Tax Requirement.
“Special Tax Requirement” means, the amount of revenue needed in any Fiscal Year for each Tax Zone to pay for the following: (i) Authorized Services; (ii) Administrative Expenses; and (iii) 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. 106
Exhibit B

“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2022-1 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within CFD No. 2022-1 designated on the CFD boundary or annexation map. All property within CFD No. 2022-1 at the time of CFD Formation is within either Tax Zone 1 or Tax Zone 2. Additional Tax Zones may be created when property is annexed to CFD No. 2022-1, 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. 2022-1 shall be identified by Assessor’s Parcel Number at the time of annexation. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2022-1 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. 2022-1, (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, (iv) determine which Tax Zone each Parcel of Taxable Property is located in, and (v) 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. 2022-1 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 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. The Fiscal Year 2022-23 Maximum Special Tax for all Taxable Parcels of Developed Property within Tax Zone 1 is shown below in Table No. 1. No Special Tax shall be levied on Undeveloped Property or Parcels within Tax Zone 2.

Land Use
Classification
Fiscal Year 2022-23
Maximum Special Tax
Single-Family Parcel $119.66 per parcel
Table No. 1 - Developed Property (Tax Zone 1)
107
Exhibit B

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 San Francisco-Oakland-Hayward, CA (All Urban Consumers) for the prior year (April to April) 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. In the event the Consumer Price Index for San FranciscoOakland-Hayward, CA (All Urban Consumers) ceases to be published, the Maximum Special Tax may be increased based on a comparable index as determined by Administrator at the Administrator’s discretion.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Tax Zone 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. 2022-1 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. 2022-1.

E. EXEMPTIONS
No Special Tax shall be levied on Parcels of Undeveloped Property, Public Property, mineral rights Parcels, or any privately-owned Parcels that are non-developable, such as common areas, wetlands, open space, preserve areas, parks, etc. except as otherwise provided in this RMA and in the Act. In addition, no Special Tax shall be levied on Parcels within Tax Zone 2.

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 an ordinance or 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 indefinitely if Authorized Services are being provided and is necessary to pay the Special Tax Requirement.
108
Exhibit B

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. 2022-1 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 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. 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.
109

PROPOSED BOUNDARY MAP
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2022-1

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
(HCP/NCCP SERVICES)
Prepared by Francisco & Associates
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ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE
TO THE ASSESSOR PARCEL MAPS OF CONTRA COSTA COUNTY.

MINERAL RIGHTS PARCELS ARE EXCLUDED FROM THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT No. 2022-1.
_______________________________

COUNTY RECORDER

COUNTY OF CONTRA COSTA

STATE OF CALIFORNIA
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

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED

BOUNDARIES OF CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2022-1, CITY OF OAKLEY, COUNTY OF CONTRA COSTA, 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

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2022.
0 3,600
Feet
± 1
1 5
4 3
2 East Cypress Rd
J
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y Isla
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d
R
d
B
eth
el Isla
n
d
R
d
Contra Costa Canal
7 6
Legend
!( Reference Number
Future North Preserve Area
CFD No. 2022-1 Boundary
Assessor Parcel Lines
1 9
8 Reference
Number
Assessor's Parcel Number
Description
Acres
(+/-)
Tax
Zone
1 020-150-003 232.57 1
2 020-140-048 115.82 1
3 032-050-003 179.90 1
4 032-082-013 259.77 1
5 032-082-005 94.68 1
6* Portion of APN 032-082-001 56.92 1
7** Portion of APN 032-082-001 276.69 2
8 032-082-010 8.22 1
9 032-082-011 8.22 1
*Comprised of Parcels B and C of Tentative Subdivision Map 9311 and part of the Grand Cypress Preserve development.
**Comprised of Parcel A of Tentative Subdivision Map 9311 that will become the future North Preserve Area and will be exempt from the CFD No. 2022-1 Special Tax.
110

STAFF REPORT
Approved and Forwarded to the City Council
Bryan H. Montgomery, City Manager
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Authorize the City Manager to Execute a Consulting Services Agreement for an amount not to exceed $472,028 with Bellecci and Associates to Provide Design Services for Capital Improvement Project Number 285 – Bethel Island Road Construction Project (Rock Slough Bridge to Delta Road)
Background and Analysis
The City’s Capital Improvement Program for Fiscal Year 2022/23 includes a project to design and construct Bethel Island Road improvements from Rock Slough Bridge to Delta Road. The goal for this project is for the community to have a roadway that will accommodate the increased traffic volumes from the residential developments along East Cypress Road and provide a secondary access out of the far East Cypress Road region. The developer of the Grand Cypress Project will construct the extension of Bethel Island Road from East Cypress Road in the southerly direction, including the construction of a new bridge over Rock Slough.

Staff evaluated the best suitable consulting firm to design this project and determined Bellecci and Associates to be the preferred consultant. Bellecci and Associates has been one of the major civil engineering consultants in Contra Costa County with extensive experience in Oakley and has worked with City of Oakley on many street projects over the past several years that include: East Cypress Road (Knightsen Avenue to Jersey Island Road), Laurel Road, Main Street, and Empire Avenue.

Over the past few months, staff has worked extensively with Bellecci and Associates to define a comprehensive and concise scope of work for the construction of this project. The City’s purchasing ordinance does not require competitive bids for such professional services. However, the results from these discussions generated a very competitively priced proposal for an amount not to exceed $472,028 for the design of this project. Generally, various consultant design proposals are over 10% of the project construction cost; however, the design proposal for this project is less than 7% of the construction cost.
111
The project schedule is to have this project designed by summer 2023 and have bid documents ready for advertising with the construction of the improvements to start by fall 2023. It is anticipated that the construction of this project will start in early 2024.

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

Fiscal Impact
The $472,028 of funding for this project is allocated from the Traffic Impact Fee (TIF) and ARPA funds, with 50 % of the budget coming from TIF and 50% of the budget coming from ARPA funds.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Bellecci and Associates for providing engineering design services associated with CIP Number 285 – Bethel Island Road Construction Project (Rock Slough Bridge to Delta Road) and to authorize the City Manager to enter into an agreement for an amount not to exceed $472,028.

Attachments

1. Proposal

2. Resolution
112
Concord Office: Pleasanton Office:
2290 Diamond Blvd., Suite 100 925 • 685 • 4569 7077 Koll Center Pkwy., Suite 210 Concord, CA 94520 bellecci.com Pleasanton, CA 94566
June 13, 2022

VIA EMAIL
Mr. Jason Kabalin, PE
City Project Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
Email: [email protected]
Regarding: Bethel Island Road
Engineering Services Proposal
Dear Mr. Kabalin,
We are pleased to submit the attached proposal for Professional Engineering and Land Surveying services associated with the development of the City of Oakley’s Capital Improvement project for Bethel Island Road (Byron Hwy Extension), between the Contra Costa Canal and Delta Road. We appreciate the opportunity to work with City Team again on this exciting program to develop the East Cypress Corridor Specific Plan.

Please see attached for your review and consideration our proposed scope of work and budget. If you have any questions or comments, please feel free to contact me or Anoop Reddy Admal, PE at 925-685.4569.

Sincerely,
Bellecci
Daniel Leary, PE PTOE QSD
Principal
CC: Anoop Reddy Admal, PE QSD, Bellecci
113

SCOPEOFWORK
1 OAKLEY | Bethel Island Road - CIP

PROJECT UNDERSTANDING AND BACKGROUND
Project Understanding:

The City of Oakley is seeking to retain engineering
design services for the design of infrastructure
improvements along Bethel Island Road between the
Rock Slough Bridge and Delta Road. The Design Team
will be responsible for investigations, design reports, plans, technical specifications, and estimates, and
providing engineering support during bidding and
design support during construction of the project in
conjunction with design for a 4-lane divided roadway.

Bethel Island Road Project Limits
The proposed Bethel Island Road north of the Contra
Costa Canal is planned to accommodate 2 lanes in
each direction with an 8’ bike lane and sidewalk and
landscaping. The Bridge design at Rock Slough is being
designed as part of the Grand Cypress Road
Development. The proposed project scope will
conform to the Bridge Roadway geometry on the
south side of the bridge and extend Bethel Island
Road toward Delta Road including signalization and
widening of the intersection at Delta Road and Bethel
Island Road.

Bellecci is currently providing professional civil
engineering services for the development along the
northerly segment of Bethel Island Road from the
north side of the proposed bridge at the Rock Slough
to East Cypress Road. We assume environmental
permitting and documentation is required with the
proposed project. It is assumed for purposes of this
proposal the City will handle the CEQA and
Environmental documentation and exhibits relating
to the preparation of environmental documents.

Background:

The City of Oakley is experiencing residential
development along the East Cypress Road Corridor.

Recent and on-going private development projects
are reconstructing East Cypress Road in segments, as
a four and six lane divided roadway in conformance
with the City of Oakley General Plan Transportation
Element. The City of Oakley has approved through
various entitlement applications a new single family
residential development more than 4,000 single
family dwelling units easterly of Knightsen Avenue.

The East Cypress Corridor Specific Plan (ECCSP)
includes a total developed unit count more than
5,700 units. The Grand Cypress Preserve project will
be designing and constructing Bethel Island Road
beginning at the intersection of Bethel Island
Road/East Cypress Road and extending southerly to
Rock Slough including the bridge across Rock Slough.

The continuation of Bethel Island Road from this point
southerly to Delta Road including signalization and
widening of the intersection at Delta Road and Bethel
Island Road will be included in this City CIP project.

We understand this project is driven by City of Oakley, but the project is within Contra Costa County
Jurisdiction and will be subject to approvals from both the Contra Costa County and City of Oakley. We
assume there are no extension of City limits with this
project.

Project Location Map
114

SCOPEOFWORK
2 OAKLEY | Bethel Island Road - CIP

PROJECT APPROACH AND SCOPE OF WORK
Description of Work:

Bellecci & Associates, Inc. (BELLECCI) will provide design engineering services to the City of Oakley (CITY) for the Bethel Island Road Improvement Project (PROJECT). The PROJECT will include preparation of plans, specifications, and estimate (PS&E), project management, preparation of plats and legal descriptions for right of way acquisition, soils report, bioretention areas for storm water treatment, landscape improvements to the south and irrigation design, traffic signal design, coordination with Grand Cypress Preserve development for lane geometry at the Rock Slough Bridge crossing, utility coordination, support, and design support during construction. This PROJECT includes:
• New sidewalk
• New traffic signal improvements at the intersection of Bethel Island Road and Delta Road and signal interconnect conduit improvements to connect to adjacent signalized intersections. • Roadway widening and new roadway between Delta Road and the southerly limits of the Rock Slough Bridge. • New median islands, street trees and street lighting
• Utility Coordination for relocation of PG&E and AT&T poles in conflict with the proposed roadway geometry at the intersection of Bethel Island Road and Delta Rd.
• Construction sequencing and traffic control specifications for contractor to provide traffic control system during construction
• Bike facility will be Class 2 bike lanes, as previous determined by the City in the East Cypress Corridor Precise Plan • Provisions for the coordination and cooperation with the private contractor working for the Grand Cypress Preserve Rock Slough Bridge project
• Design of existing driveway connections to the new roadway • Preparation of legal descriptions and associated plat maps for right of way acquisition and/or easement acquisitions • Right of way acquisition services to facilitate the intersection improvements at Bethel Island Road and Delta Road and improvements north of the intersection will be handled by the City of Oakley and/or Contra Costa County • No Joint trenchwork is included as part of the scope of services It is the City’s stated desire to minimize the extent of relocation of existing overhead utilities. The City has also stated the PROJECT should not consider undergrounding the overhead utilities. PROJECT services include coordination with the overhead utility providers for the timely relocation of poles and facilities, where needed.

Existing utilities will be potholed in an effort to obtain more field information about select pipelines and their locations and depth. Protection and/or relocation of existing facilities will be addressed in the plan set.

A landscape design will be implemented that extends the landscaping theme along the proposed Bethel Island Road north of the canal. The landscape design will include stormwater treatment. The project landscape design will include handling and treating surface stormwater runoff from the roadway. The Project is in Contra Costa County unformed Drainage Area DA74A.

The anticipated approach to treating the surface stormwater runoff will be to direct low flow stormwater runoff towards stormwater treatment basins with excess runoff being directed to the existing ditch and closed pipe drainage network.

The PROJECT excludes improvements to any downstream drainage facilities beyond the extents of the herein described PROJECT limits. BELLECCI and the City will coordinate during the design phase to identify the stormwater treatment devices which are appropriate for the site conditions and the construction budget. The new drainage from the CIP project will be stubbed out to the existing roadside ditches south of Delta Road.

TASK 1 PROJECT MANAGEMENT

1.1 Project Management: BELLECCI will manage the design team and coordinate the related administrative work. The key project management tasks that will be implemented by BELLECCI include establishing and updating the project schedule, monitoring, and updating the project budget, scheduling coordination meetings with key parties, subconsultant coordination, and city coordination meetings. More details on the key Project Management tasks are summarized below.
115

SCOPEOFWORK
3 OAKLEY | Bethel Island Road - CIP

1.2 Schedule: The project schedule will be created in MS Project and submitted to the CITY for review and approval. In addition, BELLECCI will submit monthly invoices that highlight the approved budget, budget remaining, and amount spent for the invoicing period, estimated cost at completion and an estimate of the percent complete.

1.3 QA/QC Plan: BELLECCI will perform a QA/QC review to check the following. • Quantity review
• Comparison of bid form and pay clauses
• Management review of scope of work

1.4 Monitor Project Costs: Maintaining the project cost spreadsheet will be the responsibility of Bellecci. Updates to the funds expended and remaining balance will be highlighted on an excel spreadsheet so CITY staff can track the project budget.

1.5 Meetings: Attend meetings with CITY staff, property owners and utility coordination meetings to be determined by the CITY and the BELLECCI PM. The meetings will include:
• Four (4) Design Review Meetings with CITY Public Works staff at Kickoff meeting, 65%, 95%, and 100% submittals. • BELLECCI will organize and conduct the meetings. Subconsultants will not regularly attend/participate in meetings with the CITY.

1.6 Reports: Bellecci will provide status reports monthly. The reports will document schedule updates, project percent complete, budget update, and summary of work performed.

Deliverable: MS Project Schedule, Monthly Invoices, Minutes from Meetings.

TASK 2 DATA COLLECTION AND EVALUATION

2.1 Review Existing Plans and Data: BELLECCI will review the available city documents, special district documents, public and private utility company documents and electronic files to incorporate into the project design.

2.2 Topographic Field Survey: Bellecci will perform field topographic survey and create a project base map. The topographic survey data will include, but not be limited to, ground shots, trees (over 6” diameter), fences and visible utilities, edges of asphaltic and PCC concrete hardscape, surface evident utilities, top of curb locations, inlet dips, water valves, roadside ditch flow lines, culverts, and other visible facilities in critical locations. The Local 3 Union field crew will utilize GPS survey equipment to establish the project survey control from our subscribed California GNSS network. A composite digital topographic survey map will be completed by the office survey staff under the direction of the professional land surveyor. The supplemental topographic survey will include the outline of the existing facilities, topographic survey points with elevations, annotated existing features, street names, north arrow, scale, basis of bearing, and Bellecci standard border.

Deliverable: Topographic Survey PDF copy

2.3 Utility Mapping: Bellecci will also identify and coordinate with existing utilities that will be impacted or cause impact to the proposed project by preparing utility letters and project location exhibits and sending utility requests on City letter head to avoid paying fees for utility information. Bellecci will coordinate with owners of the utilities, including City-owned facilities, in the project area to obtain copies of their utility base maps for use in developing the base plans. The approximate locations of the utilities from the information provided by the utility companies will be added to the base map. Bellecci will also incorporate utility lids, valves and manholes that are located as part of the field work by the field survey crew. Bellecci will engage a utility locating company to map the existing utilities along the corridor.

Deliverable: CAD file of Utility Line work.

2.4 Right of Way Surveys: BELLECCI will survey the monuments, perform research, and perform right of way surveys to identify the property lines along the proposed Bethel Island and Delta Road. Portions of the right of way south of 116

SCOPEOFWORK
4 OAKLEY | Bethel Island Road - CIP
Rock Slough have been offered for dedication on two different Parcel Maps filed for record in 1978 and again in 1983. It is assumed for purposes of this proposal Contra Costa County will accept these non-expiring offers for Dedication.

Deliverable: CAD file of Right of Way Line work.

2.5 Field Review: BELLECCI will visually inspect the project site to assess possible constraints or issues to be addressed during design including existing physical constraints at the project site, limits of work and possible conform issues to be addressed during the design. Deliverable: None

2.6 Geotechnical Investigations and Report: BELLECCI's Geotechnical Engineering subconsultant Miller Pacific Engineering group will perform geotechnical investigations. The Geotechnical work will focus on characterizing the geologic materials in the upper 10 to 15 feet to provide a basis for the design and construction of pavement structural section and utility improvements (as needed) for the project. The project geotechnical scope of work is as follows:

A. Geologic and Geotechnical Data Review: Existing geological data in the Geotechnical Engineer's files and geotechnical data available from the previous improvements of Bethel Island Road and the adjoining subdivision development projects will be compiled and reviewed. The existing subsurface data will be leveraged to the extent possible and will be supplemented with additional subsurface exploration and testing.

B. Geotechnical Exploration:

Phase 1 – Preliminary Geotechnical Investigation
• A half day of subsurface exploration with cone penetration tests (CPTs). Would complete 2 to 3 CPTs which we would terminate at 50 to 100 feet below ground surface (or shallower if “refusal” is encountered at shallower depths)
• One to two shallow hand augers to collect near-surface soils and test for expansion potential • Prepare a preliminary report which provides a summary of subsurface conditions, addresses geotechnical hazards, and provides preliminary geotechnical recommendations and design criteria for roadway design.

Phase 2 – Design-Level Geotechnical Investigation
Once preliminary design plans are available, we would perform a supplemental investigation and prepare designlevel recommendations for the project. This would include:
• Additional subsurface exploration with borings. Anticipate we would complete (2) deep borings to 30 to 50 feet and use the remaining time to (2) to (3) additional borings to depths of 10 to 15 feet. • Lab testing. This would include (2 to 4) consolidation test and (2 to 4) triaxial strength tests of soft/weak clayey soils for use in evaluating settlement & stability for proposed grading • Liquefaction, settlement, and stability analysis
• Prepare a design-level report which provides a summary of subsurface conditions, the results of our analyses, addresses geotechnical hazards and provides design-level geotechnical recommendations and design criteria for roadway design
Phase 3 – Supplemental consultation
• Provide “as requested” geotechnical consultation after our reports have been issued on a T&M Basis up to the allocated budget.

Deliverable: Draft and Final Geotechnical Report

2.7 Refine Bethel Island Road (BIR) Layout: BELLECCI will review the information gathered above and refine the BIR roadway layout at conforms to prepare a final layout for 65% PS&E for issuance to subconsultants. BELLECCI will send a preliminary PDF layout plans showing existing roadway alignment with existing and new utilities and one typical section. The revise layout will also include preliminary locations of lighting, traffic signal poles, bioretention areas, etc.

BELLECCI will coordinate with Landscape Designer and Traffic Engineer prior to finalizing the layout for PS&E Design. 117

SCOPEOFWORK
5 OAKLEY | Bethel Island Road - CIP
TASK 3 COORDINATION WITH UTILITY COMPANIES AND PG&E GAS TRANSMISSION MAIN

3.1 Coordination for Overhead Utility Relocations
BELLECCI will coordinate with the following Utility companies for Utility Relocations:

1. Coordinate with utility companies to prepare an exhibit showing overhead utilities with roadway layout, potential utility conflicts and identifying pole relocations and overhead wire removals at the intersection of Bethel Island Road/Byron Hwy and Delta Road

2. BELLECCI will provide drawings for coordination purposes to resolve potential design conflicts.

3. Coordinate with AT&T for the Removal of Poles and Relocation of Overhead wires

4. Coordinate with PG&E for the relocation of PG&E pole near the culvert.

TASK 4 65% PLANS, TECHNICAL SPECIFICATIONS AND COST ESTIMATE

4.1 65% Plans, Specifications & Estimate
After approval of the preliminary design layout, Bellecci will proceed directly to preparing a 65% plan set along with a corresponding estimate of probable construction costs for submittal to the City of Oakley. The estimate will be based on the 65% plans and the proposed project limits and will include a summary breakdown of the anticipated project cost. 65% plans will include the following plans:

List of Sheets

1. Cover Sheet

2. Typical Sections

3. Layout Plan (curbs and lane lines with dimensions, curve data, improvements like curbs, driveways, medians, curb ramps, streetlights, drainage inlets etc. with Station/offset callouts referencing from centerline station).

Layout plan will include extent of new pavement structural section and pavement rehabilitation.

4. Drainage plan (plan view showing drainage systems identified by numbers and each structure (pipe, inlet etc.) identified by letters).

5. Utility Plan (Showing existing, proposed, and relocated utilities)

6. Civil Details

7. Traffic Signal Plans (by KD Anderson)

8. Electrical Plans (by KD Anderson)

9. Street Light Plans (by KD Anderson)

10. Signing and Striping Plan (by KD Anderson)

11. Overhead Utility Relocation Exhibits for coordination with Utility Companies.

Technical Specifications in conformance with City Standard Specification format will be included in the 65% submittal. During this stage of design, the project strategy for compliance with the Municipal Regional Permit (MRP) will be identified on the plans, along with the proposed Stormwater Treatment Areas.

Deliverables:65% Plans, Technical Specifications and Cost Estimate: PDF copies of Plans and Cost Estimates

4.2 Storm Water Control Plan: BELLECCI will prepare a Storm Water Control Plan showing the total existing pervious and impervious area and the new pervious and impervious areas and the proposed drainage management areas (DMA) and Storm Water Treatment Areas (Bioretention or equal) for treatment in conformance with Municipal Regional Permit (MRP).

4.3 Potholing: BELLECCI's potholing subcontractor will perform potholing at up to eight (8) locations as specified on the plans. The exact locations and distribution of the potholes will be determined by the BELLECCI, with approval from the City. Prior to potholing BELLECCI will prepare a potholing location plan for both the City and the potholing subcontractor. BELLECCI will revise the pothole location plan upon comments from the City. 118

SCOPEOFWORK
6 OAKLEY | Bethel Island Road - CIP
The maximum depth of potholes will be approximately 7' deep. Potholing Contractor will provide air vacuum excavation utility location (potholing) services at the locations determined by the Engineer and marked by the engineer on a scaled plan. Excavated material will be removed from site, the pothole will be backfilled with Class 2 AB, compacted and the 4" min. of AC surface Hot asphalted or concrete slurry as applicable. The potholing subcontractor will follow industry practices which does not allow for disturbing subsurface concrete slab areas when potholing, to avoid potential duct banks. Also, even with record drawings and USA markings, sometimes potholes do not find underground pipes. Therefore, some of the potholes will be unsuccessful in locating the intended utility.

At these locations notes will be added to the plans to require the general contractor to perform additional potholing during the construction phase. Potholing Contractor will provide a potholing report and table indicating the utility reference number, description of the utility including size and material where ascertainable and depth to top of the utility; and showing the approximate pavement section thickness. As part of the potholing operations, potholing contractor will submit a no-fee encroachment permit with Contra Costa County and traffic control plans. Potholing Contractor will make revisions that are necessary to the traffic control plans prior to obtaining the County encroachment permit.

4.4 Utility Coordination: BELLECCI will coordinate with PG&E, AT&T, Comcast, PG&E Electric and PG&E Gas.

Coordination will include: 1) Utility company meetings as needed with action items minutes, 2) Exhibits for each utility meeting presented during the utility company meeting, and 3) Office visits/field visits and telephone calls with the utility companies for special circumstances identified during the utility company meeting.

4.5 Utility Notification Letters: Identify existing utilities in conflict with the PROJECT by comparing "CAD BASE MAPPING" with existing utilities, and with the PROJECT layout in CAD. Prepare Notice to Owner (NTO) letters to utility companies for relocation of utility mains, poles, overhead wires, vaults, boxes, and submit a PG&E application on behalf of Contra Costa County for new electrical point of connections and separate meters for irrigation and signal design at Delta Road and Bethel Island Road. Coordinate with the City to develop the list of utility companies to be notified. Send notification letters to utility companies regarding adjustments to utility boxes during construction.

Deliverable: Utility Relocation Notes on Utility plans, PG&E application in PDF format and Notice to Owners Letters in PDF format (Relocations and Adjustment of Facilities)

4.6 Plats and Legal Descriptions for Right of Way Acquisitions: The project design will require right of way acquisition.

The Team Land Surveyor will prepare the plats and legal descriptions. The budget is based on six (6) legal descriptions to be prepared. City of Oakley and/or Contra Costa County is responsible for the right of way acquisition, appraisals, and coordination with property owners.

Deliverables: Plats and Legal Descriptions prepared by a Licensed Land Surveyor.

TASK 5 FINAL DESIGN
BELLECCI will prepare plans, specifications and bid items in standard CITY format. BELLECCI will provide the CITY with submittals at 65%, 95% and 100% Bid Documents submittals. BELLECCI will also prepare Engineer’s estimates with each submittal and will submit in a MS Excel spreadsheet. The 65% plans and cost estimate will be focused on establishing the limits of work for the improvements and to confirm the project improvements are within the City budget and meets the layout needs of the City. The 65% submittal will include flow line grading, but some of the detailed civil grading will be completed at the 95% design stage. The technical specifications will be competed at the 65% submittal, but the measurement and payment specifications will be included at the 95% and 100% design level. Specifications will be prepared utilizing the latest City of Oakley Standard Specifications where they exist and Caltrans Standard Specifications where City of Oakley Specifications do not exist at each submittal. Bid documents and will be prepared in MS Word format. The printing allowance in the budget will be tracked during design, and the actual amount spent on printing will depend on the number of copies the City requests for each submittal.
119

SCOPEOFWORK
7 OAKLEY | Bethel Island Road - CIP
Title Sheet: Bellecci will prepare a City Standard title cover sheet showing project name, project number, location map and vicinity map. This title sheet will include additional notes, legend, abbreviations, and sheet index identifying all the sheets with sheet numbers.

Key Map: Bellecci will prepare a key map for the Bethel Island Road Improvement Project with sheet designation. The Key map is a small-scale graphic line diagram showing sheet arrangements, alignment lines and station lines.

Survey Control Plan: Bellecci will prepare a Survey Control Plan for Bethel Island Road Corridor. The Survey Control Plan will identify the survey monuments along the corridor with monument information, as determined by the licensed land surveyor following the completion of the field surveying operations. Project Benchmark and Basis of Bearing information will also be included on these plans.

Typical Cross Sections: Bellecci will prepare typical cross sections every 100 ft for the Bethel Island Road showing the structural elements of the roadway. The typical cross sections are a graphic representation of existing conditions, and the work to be performed as they predominantly appear within the station limits shown (only major items of work are shown). Existing sections will be shown as dashed lines. Multiple typical cross sections to be shown on a single sheet with the lowest stationing shown on the bottom sheet and the sections will go up the sheet as the stationing advances.

The typical section will be shown looking up station. The beginning and end stations of each typical cross section will typically break at full 100-foot stations unless the break in the typical sections requires more detailed accuracy.

Layout Plan: Bellecci will prepare Layout Sheets containing general project data such as the proposed construction, existing facilities, horizontal alignment, record right of way lines and construction notes with stationing. Layout sheets will be oriented to show mainline stationing progressing left to right. Layout sheets will be 1"=20' scale drawings. Grading Plans will be included in lieu of profiles. Pavement Rehabilitation areas will be identified on the layout plans with hatching or construction notes corresponding to new pavement structural sections, grind, and inlay, overlay at conforms, full depth hot mix asphalt areas.

Demolition Plans: Bellecci will prepare demolition plan sheets containing general project data such as existing facilities, horizontal alignment, right of way lines and construction notes with dimensions identifying the limits of demolition.

Demolition sheets will also be oriented to show mainline stationing progressing left to right. Demolition sheets will be 1"=20' scale drawings. Demolition notes will be included with references to the plans identifying removal of fences, walls, trees, structures, protection of existing structures, etc.

Construction Details: Bellecci will prepare civil related construction details such as enlargements with grading, pavement transitions, curb transitions, bioretention areas etc.

Utility Plan: Bellecci will prepare Utility plan sheets identifying visible utility structures with available existing utility information from record and utility maps. The location of the utilities is to be shown based on information provided by the utility company. New pothole locations to be performed by the Contractor will be identified on this plan and pothole information completed with this contract will be identified on this plan in a table format. Utility Legend and Utility contacts will be included on the first utility plan sheet. These plans will identify the utility impacts - removal, abandonment, relocations. Drainage Improvements will be shown on the Drainage Plan.

Temporary Water Pollution Control Plans: Bellecci will prepare temporary water pollution control plan sheets identifying Best Management Practices (BMP's) for Water Pollution Control (WPC). This plan will also identify the project risk level based on the Construction General Permit SWPPP Requirements. The temporary water pollution control plans are included for contractor bidding purposes as the minimum level of installation, and the specifications will require the construction contractor to prepare a site specific SWPPP. The plan will have provided a table of site BMP's to be used as part of the project and location of BMP's will be shown for one or two stages of construction.

Grading Plans: Bellecci will prepare Grading Plans showing existing topographic survey information of existing grading, and new grading information such as Top of Face of Curb (TFC), Flow Line (FL), Top of Wall (TWL) and Bottom of Wall (BWL) with slopes shown along the gutters and cross slopes shown every 100'. No Grading plans will be prepared for 120

SCOPEOFWORK
8 OAKLEY | Bethel Island Road - CIP
segments where there are no civil improvements. Grading enlargement details will be included in construction details or as part of the grading plans, at select locations as determined during design.

Drainage Plans: Bellecci will prepare Drainage plan sheets with a plan view aspect of the drainage facilities showing visible existing drainage structures with available existing utility information from record and utility maps. The location of the utilities will be shown to the utilizing the record information provided. A drainage system number will be assigned to each drainage system on the project where work is to be performed. Drainage system numbering will be consecutive throughout the project. New drainage information will be shown on the plans as systems 1, 2, 3 and so on and each system pipes and inlets identified as A, B, C etc. These plans will identify the drainage impacts - removal, abandonment, relocations, and new drainage infrastructure improvements.

Drainage Profiles: Bellecci will prepare Drainage Profiles for the New Drainage Systems. Drainage profiles will show new pipe type, size, length, and location. The drainage inlets structures will be identified with Station/Offsets. The existing ground line profile will be shown as a dashed line and finished grade shown as solid line. The inverts at Manholes and structures will be identified and the slopes of the drainage pipes will be shown using percentage for slopes. Drainage system numbers and unit designations on the profiles will correspond to the drainage plan sheets.

Traffic Signal Design: Under this task KD Anderson will prepare a 1” = 20’ scale plan sheet for f the one new traffic signal system. This work will include elements for the traffic signal systems complete and operable, including controller cabinets, traffic signal standards, intersection lighting, video detection cameras, conduit, and pedestrian equipment. The plan for traffic signals will indicate those features and details required by the City in a manner consistent with the industry drafting standards.

Signing and Striping Design: Under this task KD Anderson will prepare signing and striping plans which will follow the general California MUTCD guidelines and Caltrans PS&E process. The plans will include removal, modification, and installation of lane markings, markers, striping, bike lanes, crosswalk stripes, and signs as necessary for the improvements. Additional improvements such as green bike lane transitions shall be added as desired by the City.

Landscape, Urban Design, and Irrigation PS&E: Landscape Architect will prepare Landscape Planting and Irrigation Plans, Specifications and Estimates for new landscape areas including new medians, planting zone next to sidewalk and decorative pavers in median. The Landscape Plans will consist of a materials schedule, which is consistent with City standards and recommendations that will indicate proposed drought-tolerant plants, the quantities, size and the associated hydrozone information. Landscape Architect will meet with City staff to review the list of plants not to use, outline the maintenance requirements of the project and finalize the approved irrigation equipment requirements to ensure that the manufacturer and model numbers are consistent with other City maintained irrigation systems. The proposed Irrigation Plans will consist of the diagrammatic layout/location of equipment for proposed and existing impacted planting areas.

5.1 95% Plans, Specifications and Estimates
The 95% plans, specifications and bid items will be compiled in the standard City format. The 95% submittal will incorporate the comments from the CITY on the 65% submittal. The submittal at this stage will be comprised of the sheets described below. See below List of Sheet Series:

1. Title Sheet

2. Key Map

3. Survey Control Plan

4. Typical Sections

5. Layout Plans

6. Grading Plan

7. Temporary Water Pollution Control Plans

8. Demolition Plans

9. Drainage Plans

10. Drainage Profiles

11. Utility Plans

12. Construction Staging plans

13. Planting Plans

14. Planting Details

15. Irrigation Plans

16. Irrigation Details

17. Signing & Striping Plan

18. Traffic Signal Plans

19. Street Lighting Plans

20. Overhead Utility Relocation Exhibits
121

SCOPEOFWORK
9 OAKLEY | Bethel Island Road - CIP
Deliverables: Electronic files in a PDF for plans, specifications and estimates will also be provided with all submittals.

5.2 Street Lighting and Photometrics: BELLECCI's subconsultant will perform street lighting design, this includes assessing the project corridor to determine the amount of illumination needed, selecting the type of light source, selecting the light source size and mounting height, selecting luminaire type, determining the luminaire spacing and location. BELLECCI will also review the lighting photometrics for the project with the lighting manufacturer.

BELLECCI's subconsultant will provide construction drawings to include conduit size and routing, conductor size and quantities, pull box locations, light locations, service points and conduit locations relative to the face of curb.

5.3 100% Bid PS&E Submittal: BELLECCI will provide one round of edits for a back check set. BELLECCI will issue one final bid set, stamped and wet-signed by the Registered Professional Engineers and Registered Landscape Architect. The bid set will incorporate the corrections and plan check responses from CITY review.

Deliverables: same as Task 5.1 deliverables above.

TASK 6 DESIGN RELATED CONSTRUCTION SUPPORT
In this stage, BELLECCI will provide engineering support to assist the City inspector and City construction manager during the projects’ construction phases, including project management, field visits, project meetings (as needed), and the review and administration of submittals and requests for information (RFI). The City inspector, CM and/or resident engineer is assumed to be the day-to-day contact for the Contractor. The BELLECCI will provide construction support services (CA) for the Bethel Island Road project, in support of the City CM team. Our estimate of CA services assumes the number of hours of total support to the City.

6.1 Construction Bid Support
BELLECCI will assist City with preparing necessary information to properly solicit competitive construction bids and to support a recommendation to the City Council to award the projects. BELLECCI will assist the City inspector and construction manager to respond to contractor requests for information and prepare bid addenda as necessary.

Responses to RFI will be made in writing within two workdays of receipt.

6.2 Engineering Support during Construction
BELLECCI will assist the City inspector and construction manager to review, comment on, and approve or deny contractor submittals. Responses to RFIs will be provided in a reasonable timely manner (unless it is of an emergency nature, which may require and an accelerated response). BELLECCI will assist the City inspector and construction manager with responses to contractor RFI. Responses to RFIs will be provided in a reasonable timely manner (unless it is of an emergency nature, which may require and an accelerated response).

6.3 Prepare Record Drawings
BELLECCI will prepare record drawings after construction has been completed per comments and changes during construction as red-lined and noted by the Contractor that are documented and annotated. Record Drawings will be prepared in AutoCAD and PDF electronic files will be sent to the City. 122
Exhibit B - COST PROPOSAL
Mark Ups ODCs Total
Project
Manager Principal Peer Reviewer
Sr. Civil
Engineer
Prof.

Enigneer I
Design
Engineer
Asst.

Engineer
Survey
Tech II
Survey
Tech I
Land
Surveyor
Union
Survey Crew Geotech. Traffic Enigneer
Landscape
Architect Hydrologist Misc. Structural Potholing
AA DL FB AF DM Miller Pacific
Engineering KDA Gates Balance Hydrologics
Duquette
Engineering BTL
$206 $224 $206 $184 $180 $148 $138 $160 $148 $206 $278 LS Fee LS Fee LS Fee LS Fee LS Fee LS Fee 1 60 20 40 120 $24,040 $24,040
2 2.1 Review Existing Plans and Data 4 8 16 28 $4,472 $4,472

2.2 Topographic Survey 1 12 12 8 32 65 $14,420 $14,420

2.3 Utility Mapping 2 8 32 42 $6,268 $6,268

2.4 Right of Way Surveys - Boundary survey at select locations 12 12 16 40 $6,992 $6,992

2.5 Field Review 4 4 8 $1,544 $1,544

2.6 Geotechnical Investigations & Report 1 4 5 $926 $30,000 $3,000 $33,926

2.7 Preliminary Design Layout + Hydrology 8 5 32 54 90 189 $28,940 $3,000 $20,000 $2,300 $54,240 3 Utility Coordination

3.1 Coordination for Overhead Utility Relocations 6 40 46 $7,156 $7,156

3.2 Coordination with Bridge Designer 6 30 36 $5,676 $5,676 4 Design Development

4.1 65% PS&E Design Submittal + Corrosivity Evaluation 12 3 2 32 64 140 164 417 $64,316 $11,000 $11,000 $6,000 $2,800 $500 $95,616

4.2 Storm Water Control Plan 2 4 36 48 90 $13,084 $13,084

4.3 Potholing (Assume 8) 2 1 6 12 21 $3,372 $16,000 $1,600 $500 $21,472

4.4 Uitlity Coordination Meetings 4 1 12 24 41 $6,760 $6,760

4.5 Agency Coordination 20 12 40 40 112 $19,528 $19,528

4.6 Utility Notification Letters 4 12 24 40 $6,296 $6,296

4.7 Plats and Legals for Right of Way Acquisition (assume 6) 16 26 26 24 92 $15,320 $15,320 5 5.1 95% PS&E Design Submittal 16 4 2 30 84 114 136 386 $60,884 $8,000 $7,500 $4,000 $1,950 $500 $82,834

5.2 Street Lighting Photometrics 1 12 13 $1,982 $1,982

5.3 100% Bid PS&E Design Submittal 8 4 8 24 36 64 84 228 $36,152 $5,000 $5,500 $2,000 $1,250 $500 $50,402 160 50 12 86 355 530 646 50 50 48 32 2019 $328,128 $30,000 $24,000 $27,000 $20,000 $12,000 $16,000 $12,900 $2,000 $472,028 6 6.1 Construction Bid Support 4 10 14 $2,304 $500 $500 $100 $3,404

6.2 Engineering Support During Construction (Level 1) 12 2 40 80 134 $21,160 $1,500 $2,500 $400 $25,560

6.3 Prepare Record Drawings 1 2 12 15 $2,222 $2,222
7 8 4 24 80 116 $17,904 $1,000 $5,380 $1,000 $738 $26,022 8 QSD Support Services 4 24 28 $4,136 $0 $4,136
9 2 8 32 42 $6,268 $8,000 $800 $1,500 $16,568
10 0 $0 $2,000 $200 $2,200
1 2
3 4
5 City of Oakley
v2
Tasks Labor
Proposal for: Bethel Island Road Extension from Delta Road and south side of Contra Costa Canal Bridge (CIP Project) 06/13/2022
Total Fee
Project Management (up to 3 meetings)
Preliminary Design
Final Design
10% Sub
Mark Up
Other
Direct
Costs
Design Related Construction Support
Task
# Task Description Total Hours
Total Labor
Costs
Basic Service Subtotal
Optional Services
We assume maximum depth of potholing to be 7 ft. deep.

We assume no water main and sewer facilities for this project.

Distribution of Hours may vary during the performance of the work We assume no encroachment permit fee for potholing.

Engineering Support During Construction (Level 2)
Notes:

We assume no encroachment permit fee for Geotechnical Investigations Potholing (Assume 4)
Signal Interconnect
1/1 123
Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING

THE CITY MANAGER TO SIGN A CONSULTING SERVICES AGREEMENT WITH

BELLECCI AND ASSOCIATES FOR DESIGN SERVICES FOR THE BETHEL

ISLAND ROAD CONSTRUCTION PROJECT (ROCK SLOUGH BRIDGE TO DELTA ROAD) – CAPITAL IMPROVEMENT PROJECT NUMBER 285
WHEREAS, as part of the Fiscal Year 2022/23 Budget the City of Oakley approved a 5- Year Capital improvement Program (CIP); and
WHEREAS, Project Number 285 is to construct Bethel Island Road from Rock Slough Bridge to Delta Road; and
WHEREAS, staff solicited a proposal from Bellecci and Associates for the design of this project; and
WHEREAS, Bellecci and Associates has submitted a comprehensive proposal at a very competitive cost for engineering design services for CIP Project Number 285 for an amount not to exceed $472,028.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from Bellecci and Associates for engineering design services for CIP Project Number 285 for an amount not to exceed $472,028, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute this into an Agreement.

PASSED, APPROVED AND ADOPTED this 9
th day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
_____
Libby Vreonis, City Clerk Date
124

STAFF REPORT
Approved and Forwarded to the City Council
Bryan H. Montgomery, City Manager
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Acceptance of Subdivision Improvements Associated with Acacia Subdivision 9498 located at Main Street and Ramos Ranch Road Background and Analysis
On October 22, 2019, the City Council adopted Resolution 119-19 approving Acacia (Subdivision 9498) project’s Vesting Tentative Map (TM 04-18) and Design Review (DR 11-18) conditionally approving the tentative map for Subdivision 9498, to subdivide approximately 13.4 acres into a 108-single family unit residential lot subdivision in a gated community. The subdivision is located on the east side of Main Street approximately 540 feet from Malicoat Avenue. The site improvements for this subdivision includes a private roadway, private drive isles, storm water treatment bioretention areas, landscaping, and right of way dedication and frontage improvements.

This subdivision includes the construction of the frontage improvements along Main Street and Honey Lane such as roadway pavement widening, streetlights, storm drain, sidewalk, curb, gutter, and landscaping. The in-tract improvements will be privately owned and maintained by the Home Owner’s Association (HOA) as a gated community. The frontage improvements including the landscaping and bioretention areas will be maintained by the HOA.

The Developer has since completed all of the required improvements for Subdivision 9498 and the Developer has requested that the City accept the improvements as complete. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, the developer will be required to repair any defective construction. A warranty bond in the amount of 10% of the total cost of the improvements will be on file following acceptance to ensure that the Developer completes any necessary warranty repairs.
125
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.

Fiscal Impact
Upon acceptance of the improvements, the City will be obligated to maintain the subdivision improvements not maintained by the HOA, such as streetlights and street sweeping along the project frontage. Preventative street maintenance for public roadways are currently funded using Gas Tax and Stormwater Utility Assessments.

Storm drains, lighting, and landscaping are funded through the Community Facilities District. Private subdivision improvements will be funded by the HOA.

Staff Recommendation
Staff recommends that the City Council adopt the Resolution accepting the subdivision improvements associated with Subdivision 9498 and to begin the oneyear warranty period.

Attachments
1) Resolution
2) Location Map
126
Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, ACCEPTING

THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH ACACIA SUBDIVISION 9498 AND BEGINNING THE ONE-YEAR WARRANTY PERIOD FOR THE

SUBDIVISION IMPROVEMENTS
WHEREAS, On October 22, 2019, the City Council adopted Resolution 119-19 approving Acacia (Subdivision 9498) project’s Vesting Tentative Map (TM 04-18) and Design Review (DR 11-18) conditionally approving the tentative map for Subdivision 9498, to subdivide approximately 13.4 acres into a 108-single family unit residential lot subdivision in a gated community; and,
WHEREAS, This subdivision includes the construction of the frontage improvements along Main Street and Honey Lane such as roadway pavement widening, streetlights, storm drain, sidewalk, curb, gutter, and landscaping. The in-tract improvements will be privately owned and maintained by the Home Owner’s Association as a gated community.

The frontage improvements such as curb, gutter, sidewalk, landscaping, and bioretention areas will also be maintained by the HOA; and,
WHEREAS, The Developer has since completed all the required improvements for Subdivision 9498 and the Developer has requested that the City accept the improvements as complete. Public Works and Engineering staff have completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved plans. Acceptance of the improvements will begin a one-year warranty period, and at the end of that time, the developer will be required to repair any defective construction. A warranty bond in the amount of 10% of the total cost of the improvements will be on file following acceptance to ensure that the Developer completes any necessary warranty repairs; and,
NOW THEREFORE, the City Council of the City of Oakley hereby resolves as follows:
a) The frontage Subdivision Improvements associated with Subdivision 9498 have been accepted as complete and the areas designated for private use such as Lot A (Ramos Ranch Road) and Lot R (Hardcastle Ranch Road) and Lots B, C, D, E, F, G, H, I, J, K, L, N, O, P, and Q will also be maintained by the HOA; and, b) Accept the dedication for Main Street and Honey Lane for roadway purposes.

Frontage improvements such as curb, gutter, sidewalk, landscaping, and bioretention areas will be maintained by the HOA; and,
c) In accordance with the City Clerk’s Statement on the Subdivision 9498 Final Map, the roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted; and
d) The one-year warranty period required by the agreement for Subdivision 127
Resolution No. XX-22 Page 2 of 2
Improvements has begun as of the date of adoption of this resolution and that Main Street 108 LLC, shall repair any defective subdivision improvements associated with Subdivision 9498, as identified by City personnel, so long as the defective improvements are identified within one-year of the date of adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 9th day of August 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
____________________ _________________
Libby Vreonis, City Clerk Date
128

PROJECT LOCATION MAP
Main Street and Honey Lane Frontage
Acacia (Subdivision 9498)
129
DATE: August 9, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Consideration of a Resolution Authorizing the City Manager, Finance Director, and Accounting Manager to Act as the Agents to Engage with the Federal Emergency Management Agency and the Governor's Office of Emergency Services (Cal OES)
______________________________________________________________________ Background and Analysis
On March 13, 2020, the President declared a nationwide emergency and on March 22, 2020, approved Major Declaration FEMA-4482-DR-CA (DR-4482) making Federal emergency aid available for the Coronavirus pandemic.

The City applied for funding to offset eligible COVID-19-related costs through Cal OES and was notified on July 7, 2022, that $56,611.04 has been obligated for expenses incurred from 2/27/2020 to 9/21/2020.

A Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) is required for the City to be eligible to receive Federal and/or State financial assistance related to declared disasters and requires a City Council Resolution.

The attached Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) authorizes the following personnel as the authorized agents for City:

City Manager, Finance Director, and Accounting Manager. If approved, the resolution will be valid for three years.

Staff is recommending that a universal resolution be adopted so that the authorized agents can pursue available funds for current and future disasters and grants for up to three years.

STAFF REPORT
Approved and Forwarded to the City Council
130
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the City’s Finance and Fiscal responsibility goal to leverage its financial resources for the long-term benefit of our residents and businesses while maintaining sufficient reserves to provide stability and ensure a successful future.

Fiscal Impact
There is no fiscal impact associated with the approval of authorized agents.

Staff Recommendation
Staff recommends that the City Council adopt the proposed resolution authorizing the City Manager, Finance Director, and Accounting Manager to act as Agents of the City of Oakley to Engage with the Federal Emergency Management Agency and the Governor's Office of Emergency Services (Cal OES).

Attachments

1. Resolution
131

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No:

Cal OES 130

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR

NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Cal OES 130 (Rev 3/9/22)
132

STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
(Page 2 of 2) 133

STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document.

The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
(Page 1 of 2) 134

STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” (Page 2 of 2)
135
DATE: August 9, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Designation of a Voting Delegate for League of California Cities Annual Conference September 7- 9, 2022 and Directing City Administration to complete and forward the voting delegate form to the League of California Cities
______________________________________________________________________ Background and Analysis
This item is to request that the City Council (1) designate the City’s voting delegate and alternate voting Delegate(s) for the League of California Cities 2022 Annual Conference scheduled for September 7-9, 2022 in Long Beach and (2) direct City Administration to complete and forward the voting delegate form to the League of California Cities. Staff has confirmed that this year there are not any resolutions to be considered that would require the City Council to take a formal position prior to the annual business meeting (General Assembly). However, a petitioned resolution can still be submitted during the annual conference and would need to be considered and voted on during the General Assembly.

We also understand that there is an amendment to Cal Cities bylaws to be considered and voted on during the General Assembly. That amendment was not available at the time this report was published. If Staff receives that information prior to the August 9th City Council meeting, that information will be provided to the City Council.

In order to conduct the annual business meeting held in conjunction with the League of California Cities Annual Conference, every represented city must have its City Council designate a voting representative who will be registered at the conference and be present at the General Assembly. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. Each member city may also appoint up to two alternates, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity. The voting procedures are included in the information by Cal Cities and are attached to this report.

Conference attendance provides an exceptional opportunity for elected officials to

STAFF REPORT
Approved and Forwarded to the City Council
136
hear from leading experts, expand their knowledge regarding municipal government, and view innovative resources that could benefit the delivery of services, enhance resources, and strengthen the city. This year, only one council member - Councilmember Anissa Williams- is scheduled to attend the Conference.

Consistency with the Oakley Strategic Plan 27+
This item is aligned with the goals of Sustainable organization and Community and Collaborative Partnerships.

Fiscal Impact
There is no direct fiscal impact associated with designating a voting delegate or taking positions on the Annual Conference Resolutions. The cost of the conference, travel and lodging are part of existing budget appropriations.

Staff Recommendation
Staff recommends that the City Council designate Councilmember Anissa Williams as the City’s voting delegate for the League of California Cities 2022 Annual Conference scheduled for September 7-9, 2022, in Long Beach, and direct City Administration to complete and forward the voting delegate form to the League of California Cities.

Attachments

1. Resolution

2. 2022 Voting Delegate Packet
137
Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

TO DESIGNATE ANISSA WILLIAMS AS VOTING DELEGATE FOR THE CAL CITIES ANNUAL BUSINESS MEETING TO BE HELD SEPTEMBER 9, 2022 BE IT RESOLVED by the City Council of the City of Oakley that Councilmember Anissa Williams is hereby designated as the voting for the Cal Cities Annual Business Meeting to be held September 9, 2022.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
________________________ _________________
Libby Vreonis, City Clerk Date
138
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022
139
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
140
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
141
CITY:________________________________________
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
142
DATE: August 9, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Consider authorizing the City Manager to send a letter in support of the development and opening of the Marsh Creek State Historic Park on behalf of the City of Oakley
______________________________________________________________________ Background and Analysis
The East Bay Regional Park District (EBRPD) is seeking to partner with Oakley and other stakeholders in East Contra Costa to encourage State Parks to develop and open the Marsh Creek State Historic Park.

Marsh Creek State Park (Park) is located in eastern Contra Costa County, southwest of the incorporated City of Brentwood on the eastern edge of the San Francisco Bay Area region and the western edge of the Central Valley. The Park is comprised of over 3,600 acres of hills and valleys ranging from approximately 110 feet to 500 feet in elevation.

The Park is situated between the East Bay Regional Park District’s Deer Valley and Round Valley Regional Parks, and the Contra Costa Water District Los Vaqueros watershed parklands. If opened could serve as a connector of open spaces and regional trails.

On January 27, 2012, the California State Park and Recreation Commission approved the General Plan and named the new California State Historic Park, Marsh Creek State Park (SHP) (formerly known as Cowell Ranch/John Marsh State Historic Park). The General Plan states the intent to have the facilities and usages outlined below:

Facilities
 John Marsh House rehabilitation and re-use
 Internal trails and regional trail links
 Trailheads
 Vehicular parking and staging
 Restrooms

STAFF REPORT
Approved and Forwarded to the City Council
143
 Interpretive signage/station
 Developed campsites (tent, cabin/yurt, group, equestrian, RV)  Hike-in campsites
 Visitor center
 Picnicking facilities (single and group)
 Group gathering shelter
 Park maintenance and storage
 Cultural resource field station
 Historic materials storage
 Ranger station
 Park administration/staff offices
 Staff housing
Uses
 Hiking
 Mountain biking
 Horseback riding
 Picnicking
 Wildlife viewing
 Environmental nature study and research
 Cultural resources study and investigation
 Ecological restoration
 Plant and wildlife inventories and management
The Park is well situated to celebrate a rich pre-historic and historic presence and contribute to the existing regional open space network of eastern Contra Costa County; however, the Park remains unopened.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the SP 27+ Parks and Open Space goal, including the following objectives: upgrade parks and open spaces to be accessible and attract the many interests of our diverse residents and visitors and provide access for all and celebrate and promote our local history through educational and enrichment opportunities.

Fiscal Impact
There is no impact on the general fund associated with this item.

Staff Recommendation
Staff recommends that the City Council authorize the City Manager to send a letter in support of the Marsh State Park development and opening.

Attachments

1. Draft Letter

2. Marsh Creek State Park Maps
144

CITY COUNCIL
Randy Pope, Mayor
Aaron Meadows, Vice Mayor
Anissa Williams
George Fuller
Sue Higgins

CITY HALL
3231 Main Street
Oakley, CA 94561
925.625.7000 tel
925.625.9859 fax
www.ci.oakley.ca.us
August 9, 2022
Director Armando Quintero
Department of Parks and Recreation
715 P Street
Sacramento, CA 95814
RE: Marsh Creek State Historic Park
Dear Director Quintero:

On behalf of City of Oakley, we are reaching out to encourage progress toward opening and maintaining Marsh Creek State Historic Park. The City of Oakley strongly supports increased park access for residents in this portion of Contra Costa County. The City of Oakley stands with California State Parks in ensuring equitable outdoor access for all.

Further, opening this publicly-owned State Park will provide the opportunity for a growing and diverse community to experience nearby nature, while continuing to preserve diverse habitat. This vision closely corresponds with the California Natural Resources Agency’s access efforts outlined in the Draft Pathways to 30x30 California Report – Accelerating Conservation of California’s Nature - https://www.californianature.ca.gov/pages/30x30 Important to the City of Oakley, Marsh Creek Historic State Park (also known as Cowell Ranch/John Marsh) is a nearby accessible 3,659 acres of natural habitat, wildlife and unique cultural features, including the historic John Marsh Home. A historic figure for East Contra Costa, John Marsh lived on the property from 1837 to 1856. The park’s ability to interpret and share the cultural and resource-related history is important. Furthermore, the state park is sandwiched between the East Bay Regional Park District’s Deer Valley and Round Valley Regional Parks, and the Contra Costa Water District Los Vaqueros watershed parklands. As such, this state park is a critical piece for connecting regional trails to all these open spaces for the eastern Contra Costa County public.

Oakley residents were pleased to see the momentum to open the new park when on January 27, 2012, the California State Park and Recreation Commission approved the General Plan and named the California State Historic Park, Marsh Creek State Park (SHP) - https://www.parks.ca.gov/?page_id=24322 As noted in the plan, the Park contains substantial open space consisting of rolling hills and valleys, grasslands, vernal pools, riparian habitat, the historic John Marsh house and its historic ranching landscape, and extensive and significant pre-historic archaeological sites. The Park’s purpose is to celebrate a rich prehistoric and historic presence and contribute to the existing regional open space network of eastern Contra Costa County. 145
Importantly, since adoption over ten years ago, the State Park’s plans are still sitting on a shelf gathering dust during a time of explosive growth in East Contra Costa County population. Over 36,000 new residents populated the East County Supervisorial District 3 between the 2010 and 2020 census counts. In addition, during the pandemic the Park District has seen an average increase of visitation by 30%. Parks have provided safe open space and trails for essential activity outdoors. They have provided significant physical and psychological support to the East Bay population, and Californians overall, during this difficult period. In order to ensure residents who may not have the benefit of a backyard still have safe outdoor spaces to utilize and to help avoid user conflict in overcrowded situations in state and regional park lands, land managers are seeking to provide more equitable access to parks and trails.

With a record state budget surplus, this is the time to update Marsh Creek State Historic Park’s infrastructure, conduct the necessary natural and cultural resource studies and safely open the property to the public. This region’s diversity of landscape is unique and provides tremendous opportunities both for expanding outdoor recreation access, for which the pandemic has magnified the need; and for building climate resiliency. If you have additional questions, please do not hesitate to reach out to me.

Sincerely,
Randy Pope
Mayor
CC: Senator Steve Glazer (Via email: [email protected]) Assembly Member Lori Wilson (Via email: [email protected]) Supervisor Diane Burgis (via email: [email protected]) Samantha Caygill, Cal Cities Regional Public Affairs Manager (via email:
[email protected])
League of California Cities (via email: [email protected]) Sabrina Landreth, General Manager, East Bay Regional Park District (via email:
[email protected])
Colin Coffey, President, Board of Directors, East Bay Regional Park District (via email:
[email protected])
146
Sources: CA Spatial Information Library I
USGS DEM I Green Info Network I EDAW
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147
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MARSH CREEK STATE PARK
Sources: CA Spatial Information Library I
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- Marsh Creek State Park
JCalifornia Parks & Recreation
East Bay Regional Park District
Other Public Open Space
Base Map
- Incorporated Cities
------- Built-up Area
2 4 6
0 Miles
Scale l : 126,720
I" = 2 miles
AECOM
California Department of Parks & Recreation
9/14/11 149
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Eastern Visitor Facility Zone
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• 50-150 Developed Campsites
• 3 Group Camps (75 people)
• 3-5 Hike-in Campsites
• Day Use Picnic Area (20-30 sites -3group)
• Parking I Staging (30-50 vehicles)
• Special Events
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Map 14
Alternative C
( Preferred Alternative)
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Operations Zone
Historic Area
Eastern
Visitor Facility Zone
Historic Area
Eastern
Round Valley
Briones Valley
Dry Creek
Operations and Visitor
Facility Zones Overlap
Primary Historic Zone
Natural Resource Zone
Eastern Hills
Briones Valley
Descriptions and uses permitted in each
zone can be found in Chapter 3 Park Plan
Trail Linkages *
Existing
• • • • Proposed ( Outside Project Area )
* Proposed linkages do not depict exact alignments of final trail locations .

Flood Control Easement
[ Contra Costa Co. Flood Control & Water Conservation District] cg Existing Parking and Trailhead
1,000 500 0 1,000 2,000 3,000 4,000
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I" = 1000 feet
9/16/11 150
DATE: August 9, 2022
TO: Joshua McMurray, City Manager
FROM: Harumi Murata, Economic Development Analyst
SUBJECT: Consideration of a Resolution Approving an Amendment to the City of Oakley Fiscal Year 2022/2023 Budget to Expand upon the Pilot Oakley Community Digital Gift Card Program
______________________________________________________________________ Background and Analysis
At the January 25, 2022 City Council Meeting, the Council provided direction to staff, including $1,000,000 for an array of business support programs, particularly (1) small business relief grants, (2) outdoor dining and business façade improvements, and (3) ‘shop local’ programs, out of the total allocation of the first tranche of $5,088,595 ARPA funding. Of that $1,000,000, $65,000 was allocated to be used for a pilot gift card program.

In June 2022, the staff implemented ‘Community Digital Gift Card’ and ‘Digital Market’ programs that will help increase sales for local businesses that have experienced significant setbacks during the pandemic, while also benefiting consumers and providing a much-needed financial boost to the local economy.

The Oakley Community Digital Gift Card program utilizes the Yiftee, Inc. platform and went live on June 8. The program was designed to subsidize participating businesses by offering a Buy One Get One promotion whereby purchasers receive bonus matching funds on gift cards that are paid for by the City using ARPA funds. For example, if a purchaser buys a $50 gift card, the purchaser would pay $50 while the City subsidizes the other $50 and covers the $1 + 5% e-delivery fee and the purchaser gets $100 worth of gift cards for $50 out of the purchaser’s pocket. This program came about as we sought an innovative approach to supporting local businesses while simultaneously putting extra purchasing power in the hands of residents, employees, and visitors.

The program started with twenty-three local businesses and proved to be very popular and provided a direct benefit to our community in less than six weeks.

STAFF REPORT
Approved and Forwarded to the City Council
151
The return on investment (ROI) metrics include:
(1) Initial bonus cards were sold out within five weeks of the launch. (2) 71% of participating local businesses have redeemed Shop Oakley cards in the first five weeks.
(3) 46% of the total sales have already been redeemed in the first few weeks. *Bonus gift amounts do not expire for a year, and purchased gifts do not expire. (4) Offered in increments of $25, $50, $100, and $150; 77% of gifts sold were $150 in value.
(5) Other data at a glance:
 Community purchases: $45k
 Total $ to participating local businesses: $44k
 Bonus funds distributed: $55.5k
 Total # of purchased & bonus cards: 742
 30% of consumers are likely to overspend on gifts which may lead to a conclusion that shoppers may be consuming new products, exploring new locations, and developing new habits locally. 92% of cardholders prefer “shop local” cards over national brand cards.

BOGO match cards are sold out in record time; however, the regular gift cards are still available online (e-delivery fee of $2.00 will be applied). The city staff continues to invite and encourages local businesses to join while marketing the program and working on the logistics.

Consistency with the Oakley Strategic Plan 27+
The actions included in this item are consistent with the following goals and objectives:
 Business-friendly environment sub-goal & objective: Bolster and support existing businesses through the use of financial and funding incentives such as ARPA funding and promote “buy local” incentives.

Fiscal Impact
There is no impact on the General Funds associated with the recommended action.

If approved, this item would allocate $100,000 of ARPA funds.

Staff Recommendation
Staff recommends that the City Council adopt a proposed resolution (no. XX-20) approving an amendment of the 2022/2023 fiscal year budget to allocate an additional $100,000 of ARPA funds to the Oakley Community Digital Gift Card Program.

Attachment

1. Resolution approving an amendment to the City of Oakley Fiscal Year 2022/2023 Budget
152
Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING THE CITY OF OAKLEY FISCAL YEAR 2022/2023 BUDGET TO ALLOCATE AN ADDITIONAL $100,000 OF AMERICAN RESCUE PLAN ACT (ARPA) STATE AND

LOCAL FISCAL RECOVERY FUNDS TO THE OAKLEY COMMUNITY DIGITAL GIFT

CARD PROGRAM
WHEREAS, in January 2022, the City Council allocated $1 million of the City’s American Rescue Plan Act (ARPA) Funds to support economic development, which included $65,000 toward a pilot local business gift card program (Pilot Program); and WHEREAS, the Pilot Program has proven to be highly successful in supporting local businesses while putting extra purchasing power in the hands of residents, local workers and visitors; and
WHEREAS, the initial bonus cards sold out within the first five weeks of the pilot program; and
WHEREAS, over $5 million of available ARPA funds have yet to be allocated by the City of Oakley; and
WHEREAS, the City of Oakley would like to provide further support and benefit to local businesses and to those who would shop in the City of Oakley; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Oakley City Council amends the Fiscal Year 2022/2023 Budget to allocate an additional $100,000 of ARPA funds to support economic development and expand the local business gift card program, known as the Oakley Community Digital Gift Card Program.

PASSED, APPROVED AND ADOPTED this 9th day of August 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
153
DATE: August 9, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Authorization for the City Manager to Execute a Purchase and Sale Agreement with the Yellow Roof Foundation for the sale of properties located at 4981, 4901 and 4911 Teakwood Drive (APN’s:
035-322-019, 035-322-020, 035-322-021) which will lead to the construction of 6 affordable housing units
______________________________________________________________________ Background and Analysis
This is a follow-up item to the Work Session held at the July 12th City Council meeting.

At that Work Session, the Yellow Roof Foundation discussed their proposal for three lots the City is trying to dispose of on Teakwood Drive. As background, in September 2021, Staff brought an item forward that identified surplus properties and asked the City Council for authorization to move forward with the notification process as required by AB 1255 and AB 1486. Essentially, that notification process allowed affordable housing developers to show early interest and required the City to negotiate in good faith in the hopes of disposing of the property, in the event an affordable housing developer submitted a Letter of Intent (LOI). That authorization from September 2021 was granted and Staff proceeded with the notification process. During that notification process, the City received a LOI from the Yellow Roof Foundation (YRF). The YRF, according to their website, is a non-profit public charity, founded in 2018 by Dave and Lori Sanson, owners of Concord-based DeNova Homes, Inc., the Yellow Roof Foundation is working to build affordable rental housing opportunities for families and individuals at risk for homelessness.

The three parcels that are the subject of this report and the LOI are located on Teakwood Drive and are more specifically identified as 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021). The LOI, attached, has an offer of $300,000 for the 3 parcels. The YRF would like to purchase the lots to construct deed restricted affordable housing in the form of a single-family residence on each lot with each home having an attached Accessory Dwelling Unit (ADU). A concept plan

STAFF REPORT
Approved and Forwarded to the City Council
154
including a floor plan and elevation is attached to give perspective to what the YRF is intending to construct. They intend to build what would look like a more traditional onestory home with a slightly higher roof line, which allows them to tuck the ADU on a true second floor, without the bulk and scale of a traditional two-story home.

Approval of this item would allow the City to formally enter into the attached Purchase and Sale Agreement, thereby formally agreeing to sell the property to the Yellow Roof Foundation. Staff is supportive of this agreement and the project as conceptually proposed does directly address the affordable housing issue that exists within the City and these units would count towards the units the City needs to plan for in this next Housing Element cycle.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Economic Development goal of Strategic and Thoughtful Growth, specifically the objective that requires the City provide affordable housing sites that meet our legislated Regional Housing Needs Allocation (RHNA).

Fiscal Impact
The City stands to generate approximately $300,000 of gross revenue off of the sale of the three City owned parcels.

Staff Recommendation
Staff recommends that the Council adopt the resolution approving the Purchase and Sale Agreement with Yellow Roof Foundation for the sale of the real property located at 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021).

Attachments

1. Yellow Roof Foundation Purchase and Sale Agreement

2. Yellow Roof Foundation LOI

3. Concept Plans

4. Draft Resolution
155

PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Escrow Instructions (this “Agreement”) is made and entered into as of August __, 2022 (the “Effective Date”), by and between Yellow Roof Foundation, Inc., a California non-profit public benefit corporation (hereinafter referred to as the “Buyer”), and the City of Oakley, a California municipality (hereinafter collectively referred to as “Seller”) with respect to the following facts:

RECITALS
A. Seller is the owner of certain real property consisting of three single-family lots in the City of Oakley (“City”), County of Contra Costa (“County”), State of California, commonly known as 4891 Teakwood Drive, 4901 Teakwood Drive, and 4911 Teakwood Drive, and more particularly known as Assessor’s Parcel Numbers 035-322-019, 035-322-020 and 035-322-021, being more particularly described and depicted in Exhibit A attached hereto and incorporated herein by this reference (the “Land”).

B. The “Property” shall mean (i) the Land, (ii) to the extent transferable, all easements, mineral rights, oil and gas rights, water, water rights, wells, well-heads, air rights, and other rights and privileges appurtenant to the Land and/or Improvements (collectively, “Appurtenances”), (iii) all buildings, structures, facilities, infrastructure and other improvements, and all additions or alterations thereto or replacements thereof, erected in, on or under the Land and/or Appurtenances (collectively, “Improvements”; the Land, Appurtenances and Improvements are collectively referred to herein as the “Real Property”), and (iv) Seller’s right, title and interest, if any, in and to all assets, rights, materials and claims used, owned or held solely in connection with the ownership, use, operation, management, development and/or enjoyment of the Real Property, including, without limitation (A) all tangible personal property located on or used solely in connection with the Real Property, including, without limitation, engineering studies, soils reports, and cost data, (B) all warranties, guaranties, indemnities and other similar rights relating solely to the Real Property and/or the assets transferred hereby, (C) all Fee Credits, Reimbursements, fees, charges, contributions, credits, refunds or reimbursements, or rights to any of the foregoing, of any nature from any Authority (as hereinafter defined) or private entity that may be applicable to or usable in lieu of any fees, assessments or other financial obligations paid or payable to a Authority or private entity for public or private facilities, parks or other improvements or amenities of any nature related solely to the Real Property or otherwise payable to Seller for any reason in connection with the Real Property, (D) all approvals, authorizations, consents, certificates, Entitlements, approved plans, construction drawings, franchises, licenses, permits, Environmental Permits, registrations, qualifications, zoning classifications, variances and other actions and rights granted by or applications or filings with any Persons (as hereinafter defined) necessary or appropriate for the improvement and development of the Real Property for single family or multi-family residences or for the conduct of the business of developing residential real property into lots and residences, and constructing residences, and selling and/or leasing the same, (E) all intangible rights (including, without limitation, goodwill) associated solely with the Real Property, and (F) all rights, claims, counterclaims, defenses, indemnities or actions, whether at common law, or pursuant to any other applicable federal, state or other laws which Seller may have against any third party with respect to the Real Property or any of the items described in subparagraphs (A) 156

through (F), inclusive, above, including, without limitation, those relating to the existence of any Hazardous Materials (as hereinafter defined) in, at, on or under the Real Property.

C. Seller and Buyer acknowledge and agree that it is the express intent of the parties that, except as specifically reserved to Seller in this Agreement, all of Seller's interests and title in, under and with respect to the Property (or any portion thereof) be conveyed and transferred to Buyer, subject to the terms and conditions herein, at the Closing. In connection therewith, Seller shall take such action and execute such contracts, agreements, and other instruments as may be reasonably necessary in order to consummate, evidence or confirm the conveyance and transfer contemplated hereunder.

D. Buyer desires to purchase the Property from Seller and Seller agrees to sell the Property to Buyer pursuant to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the parties hereto do hereby agree as follows:

AGREEMENT

1. Purchase and Sale. Subject to and in accordance with the terms and conditions hereinafter set forth, on the Close of Escrow (as herein defined), Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, fee simple title to the Property.

2. Opening and Closing of Escrow.
(a) Concurrently herewith, an escrow (the “Escrow Account”) shall be opened with First American Title Company, 4750 Willow Road, Suite 100, Pleasanton, CA 94588 (the “Escrow Holder”), Attn: Jules Fulop, Escrow Officer. For the purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received fully executed counterparts of this Agreement from Buyer and Seller, and “Close of Escrow” shall be the date that a grant deed for the Property in favor of Buyer is recorded in the County Recorder’s Office.
(b) Upon opening Escrow Account with the Escrow Holder, Buyer shall deposit One Thousand Dollars ($1,000.00) with the Escrow Holder as the “Initial Deposit.” The Initial Deposit shall be fully applicable to the Purchase Price. (c) Buyer, or its designees, shall have a period to undertake due diligence with respect to the Property ending at 5:00 p.m. on the date sixty (60) days after the Effective Date (the “Due Diligence Period”), and to give the Notice of Approval prior to the expiration of the Due Diligence Period.
(d) During the Due Diligence Period and thereafter until this Agreement is terminated, Buyer, its employees, agents, contractors and subcontractors shall have the right to enter upon the Property to inspect the Property. Within three (3) business days of the Effective Date of this Agreement, Seller will provide to Buyer all documents in its possession, custody or control related to the Property, including but not limited to all environmental reports, biological reports, city fee estimates, cost estimates, soils reports, Phase 1 or Phase 2 studies, and the like (the “Property Documents”). Buyer hereby acknowledges that Seller has not made and does 157

not make any warranty or representation, express or implied, regarding the truth or accuracy of any of the documents, materials or information provided to or made available to Buyer or the source thereof. Buyer shall have the right during the Due Diligence Period to investigate title and to conduct any feasibility, economic, environmental, political, title or engineering studies, or make such other investigations, studies and tests with respect to the Property as Buyer deems necessary or appropriate to determine the feasibility of purchasing the Property. If Buyer exercises its rights of entry under the provisions of this Section 2(d), Buyer shall (i) keep the Property free of any liens or third-party claims resulting therefrom; (ii) indemnify and defend Seller against any liability or expense for injuries to or death of persons or damage to property resulting solely and directly from Buyer's exercise of its rights hereunder; provided that Buyer shall have no responsibility or liability for any act or omission of Seller or its agents, employees or contractors and/or for any adverse condition or defect on or affecting the Property not caused by Buyer or its employees, agents, contractors, or subcontractors; and (iii) if the Closing does not occur for any reason (other than a default by Seller), restore any damage to any portion of the Property caused by such entry substantially to its condition immediately before such entry. Prior to entry on the Property, Buyer shall provide Seller with a certificate of insurance in an amount of no less than One Million Dollars ($1,000,000.00) per occurrence and which shall name Seller and its applicable affiliates as additionally insured. The indemnification provisions of this Section 2(d) shall survive the termination of this Agreement for six (6) months. (e) Buyer’s failure to give the Notice of Approval during the Due Diligence Period will be deemed to be Buyer’s election not to proceed with the purchase of the Property and result in the automatic termination of this Agreement, whereupon the Deposit previously paid into Escrow and all interest accrued thereon while in Escrow shall be immediately released to Buyer, and neither Party shall have any further obligation or liability to the other with respect to the transactions contemplated by this Agreement, except for obligations which expressly survive termination.
(f) The Close of Escrow shall occur no later than ten (10) days after Buyer gives its Notice of Approval (the “Closing Date”).

3. Purchase Price.
(a) The purchase price for the Property to be paid by Buyer shall be Three Hundred Thousand Dollars ($300,000.00) (the “Purchase Price”). (b) The Purchase Price shall be payable by Buyer in the form of a cashier’s check, wire transfer, or other form acceptable to the Escrow Holder and placed in the Escrow Account prior to the Close of Escrow.

4. Delivery of Documents During Due Diligence and on the Close of Escrow. (a) On the Close of Escrow, Seller covenants and agrees to cause to be delivered to Buyer a duly executed and acknowledged grant deed conveying to Buyer all of Seller’s interest in the Property subject only to the Permitted Title Exceptions (as hereinafter defined) approved by Buyer, as provided below.
158

(b) At the Close of Escrow, Buyer shall receive the Title Policy (herein defined) issued by First American Title Company (the “Title Company”) insuring in Buyer fee simple title to the Property free and clear of all liens and encumbrances other than the Permitted Title Exceptions.

5. Title and Title Insurance.
(a) Within five (5) days following the Effective Date, Buyer shall order a preliminary report for the Property from the Title Company, and copies of all instruments noted as exceptions therein (the “Title Report”). Buyer, at Buyer’s sole cost and expense, shall also have the option of ordering an ALTA survey for the Property (the “Survey”) pursuant to the terms set forth below.
(b) Buyer shall have fifteen (15) days prior to expiration of Due Diligence Period to disapprove any exceptions to title shown on the Title Report (collectively, “Disapproved Exceptions”) and to provide Seller with notice of disapproval in writing describing the defect with reasonable particularity (the “Disapproval Notice”). Within ten (10) days of Seller’s receipt of the Disapproval Notice, Seller shall notify Buyer whether Seller intends to remove the Disapproved Exceptions. If Seller notifies Buyer of an intention to eliminate the Disapproved Exceptions, Seller shall do so at least ten (10) days prior to the Close of Escrow. If Seller indicates to Buyer in writing within the time allowed that Seller does not intend to remove one or more of the Disapproved Exceptions, Buyer, by notifying Seller by the expiration of the Due Diligence Period, may elect to terminate this Agreement or to take the Property subject to the Disapproved Exceptions not removed by Seller. In any event, Seller covenants to pay in full all loans secured by mortgages and deeds of trust, any mechanics liens, all special assessments encumbering the Property, and any other monetary exceptions (other than current real property taxes which are not due and payable) prior to or concurrently with the Close of Escrow, and the Escrow Holder is hereby directed to cause same to be paid off from the proceeds of the Purchase Price. The policy of title insurance shall include such endorsements as Buyer shall reasonably request. Any title policy endorsements other than standard endorsements are to be paid for by Buyer.
(c) Buyer’s fee title to the Property shall be insured at the Close of Escrow by a CLTA Standard Coverage Owner’s Policy of Title Insurance in the amount of the Purchase Price issued by First American Title Company (unless Buyer has obtained a survey, in which case the title shall be insured by an ALTA Extended Coverage Owner’s Policy of Title Insurance) (the “Title Policy”). The Title Policy shall insure Buyer’s interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title (the “Permitted Title Exceptions”):
1) Real property taxes for the then-current tax fiscal year that are a lien not then due and payable; and
2) Those exceptions approved by Buyer pursuant to section 5(b). 159

6. Deposit of Documents in Escrow.
(a) Seller and Buyer hereby covenant and agree to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition precedent to the Close of Escrow. (b) Seller shall deliver:
1) A grant deed duly executed and acknowledged by Seller granting and conveying to Buyer good and marketable title to the Property (the “Grant Deed”). The Grant Deed shall be in a form satisfactory to Buyer and its counsel; 2) Seller’s affidavit as contemplated by California Revenue and Taxation Code §18662 (the “Withholding Affidavit”);
3) A Certification of Non-Foreign Status in accordance with I.R.C.

Section 1445;
4) A certification that the warranties and representations contained in Section 10 below remain true and correct as of the Close of Escrow; and, 5) Such proof of Seller’s ability to convey the Property as Seller’s separate property as the Title Company may reasonably require in order to issue the Title Policy. (c) Buyer shall deliver such proof of Buyer’s authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy, and all documents required by the Escrow Holder to consummate this transaction.

7. Post-Closing Obligations.
(a) Buyer’s Post-Closing Obligations. Buyer is a non-profit public benefit corporation that constructs and manages housing for those in need and at risk of homelessness.

Consistent with its mission, Buyer intends to seek entitlements to build at least six (6) incomerestricted units (including three (3) primary units and three (3) accesseory dwelling or junior accessory dwelling units per lot on the Property). Buyer will be responsible for obtaining the required entitlement approvals to construct the units, obtaining building permits to build the units, and paying all costs associated with constructing, managing and maintaining the units.

Buyer agrees that the units will be deed restricted as affordable housing units for a period of fifty-five (55) years.
(b) Seller’s Post-Closing Obligations. Seller is selling the Property to Buyer because of Buyer’s non-profit status and mission, with the intent to have deed restricted affordable housing units constructed on the Property. Seller shall work to reduce or waive, to the extent possible, all application, permitting, plan check and other fees in order to help in Buyer’s creation of affordable housing units.
(c) Agreement to Cooperate. Each Party shall execute, acknowledge, seal and deliver, after the Effective Date, including at or after Closing, such further assurances, instruments and documents as the other may reasonably request in order to fulfill the intent of 160