Oakley City Council
September 13, 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, September 13, 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 (Angelina Gilbo, 5th Grade Student at Vintage Parkway Elementary School)

1.3 Reading/Presentation of Proclamations

1. Library Card Sign up Month (Lisa Cano-Loomis, Contra Costa Library Manager)

2. Falls Prevention Week (Allen Perry, Oakley Seniors)

3. National Hispanic Heritage Month (Annalouisa Gonzalez-Ortega, Freedom High School Latinos Unidos Club Advisor)

4. Suicide Prevention + Action Month (Gigi Crowder, Contra Costa Chapter National Alliance on Mental Illness)

5. Patriot Day (Dave Watson, Con Fire Assistant Chief)

6. National Service Dog Month - Councilmember Fuller

7. Labor Day

8. Disabled American Veterans Day
2 Proclamations

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 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held 07/12/2022 (Libby Vreonis, City Clerk)
Minutes 07-12-22

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held 08/09/2022 (Libby Vreonis, City Clerk)
Minutes 08-09-22

3.3 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo

3.4 Annexation No. 33 (Elm Lane Apartments) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Unanimous Approval Form

2. Resolution

3. Boundary Map

4. Amendment No. 33 - Notice of Special Tax Lien
3 3.5 Ratify Election: Adopt Ordinance No. 07-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 184 within the Oakley Special Police Tax Area for Police Protection Services for the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street (APN 037-040-021) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Signed Ballot

2. Ordinance No. 07-22
2A. Exhibit A
2B. Exhibit B

3.6 Ratify Election: Adopt Ordinance No. 08-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 185 within the Oakley Special Police Tax Area for Police Protection Services for the Elm Lane Apartments project (APNs 051-210-019 and 051-220-005) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Signed Ballot

2. Ordinance 08-22
2A. Exhibit A
2B. Exhibit B

3.7 Award of Construction Contract to Sun Light & Power for the construction of the City Hall Rooftop Solar Power Project – Capital Improvement Project (CIP) Number 286 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

2. Proposal

3.8 Authorize the City Manager to Enter into a one-year Agreement with Townsend Public Affairs, Inc. for On-Call Grant Writing Services (Joshua McMurray, City Manager)
Staff Report

1. Townsend Public Affairs Inc. Proposal

2. Draft Resolution

3. Contract

3.9 Award of Construction Contract to Day's Generator Service Co. for the installation of the Recreation Center Emergency Generator Project, Capital Improvement Project No. 249 (Kevin Rohani, P.E., Public Works Director/City 4 Engineer)
Staff Report

1. Resolution

2. Bid Summary

3.10 Consideration of a Resolution Amending the City of Oakley Fiscal Year 2022/2023 Budget, Awarding a Contract to Affordable Landscaping Services Corporation for the Site Preparation and Installation of Turf around the Lake at the Delaney Park Subdivision and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

3.11 Approval of Contract with Universal Site Services, Inc. (USS) for Porter Maintenance Services for Various City of Oakley Parks and Facilities (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. USS Proposal

2. Resolution

3.12 Adopt a Resolution Ratifying the Fifth Amendment to the Agreement with Cole Huber, LLP for City Attorney (Jeri Tejeda, Human Resources Director) Staff Report

1. Resolution

2. Fifth Amendment

3.13 Approval of Consulting Services Agreement by TRB and Associates, Inc. for On-Call services related to Code Compliance Plan Review and Inspection Services (Brent Smith, Community Development Director)
Staff Report

1. Resolution

2. Scope of Services

3.14 Reject all bids and authorize staff to re-bid the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project (CIP) Number 288 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution
5 3.15 Review of Proclamation Requests for Future Agendas (Libby Vreonis, City Clerk)
Staff Report

1. Proclamation Request Forms

2. Sample Proclamations

4.PUBLIC HEARINGS

4.1 Water-Efficient Landscape Requirements Update - Introduction of an Ordinance to Amend Oakley Municipal Code Chapter 4.31 (Water-Efficient Landscape Requirements) to Adopt the State of California’s Model Water Efficient Landscape Ordinance as Amended by Diablo Water District’s Regulation No. 8 which Prohibits New Installation of Non-Functional Turf (Ken Strelo, Planning Manager)
Suggested Action: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Waive the First Reading and Introduce the Ordinance
Staff Report

1. Notice of Public Hearing

2. Proposed Ordinance

4.2 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager)
Suggested Action: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Waive the First Reading and Introduce the Ordinance
Staff Report

1. Notice of Public Hearing

2. Staff Report from May 24, 2022 Work Session (without attachments)

3. Councilmembers’ Responses to Checklist of Performance and Operational Standards

4. Proposed Ordinance

5.REGULAR CALENDAR

5.1 Urgency Ordinance Imposing a Moratorium on the Permitting of Hydrocarbon Development within City Limits to Allow for Evaluation of the Public Health and Environmental Impacts and the Enactment of Further and Appropriate Regulations Concerning the Same (Ken Strelo, Planning Manager) Staff Report
6 1. Proposed Moratorium Ordinance Concerning Hydrocarbon Operations

5.2 Resolution Approving a Letter of Support Addressed to the County Board of Supervisors to Ban all Future Oil and Gas Drilling Countywide and Shut Down Current Oil and Gas Drilling Operations (Ken Strelo, Planning Manager) Staff Report

1. Proposed Resolution
Ex A to Attachment 1. Proposed Letter addressed to Contra Costa County Board of Supervisors

6.REPORTS

6.1 CITY MANAGER
(a) City Manager

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

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

7.WORK SESSIONS

8.CLOSED SESSION

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

8.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 63980 Empire Avenue, Oakley, CA, APN 034-010-033 Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Roy and Erica Pantle
Under Negotiation: Price and term of payment
7 9.ADJOURN
8 Proclamation
Library Card Sign-up Month
September 2022
WHEREAS, libraries and librarians play a crucial role in the education and development of children; and
WHEREAS, librarians are literacy experts, offering everything from preschool storytime to summer reading programs that sustain school-year learning; and WHEREAS, libraries provide a learning environment that fosters joyful exploration, encouraging students to research subjects that they are genuinely curious about; and WHEREAS, librarians create welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another; and
WHEREAS, libraries provide a variety of books and resources to serve everyone in the community, making knowledge and ideas available so that people have the freedom to choose what to read; and WHEREAS, a library card empowers all people to pursue their dreams, explore new passions and interests, and find their voice; and
WHEREAS, libraries are constantly transforming to deliver new services that connect closely with community needs, even during a pandemic.

NOW, THEREFORE, BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, and on behalf of the Oakley City Council do hereby proclaim the month of September Library Card Sign-up Month in the City of Oakley and encourage everyone to sign up for their own library card today and to visit the library to take advantage of the wonderful resources available. ________________
Randy Pope, Mayor
9 Falls Prevention Awareness Week
September 18-24, 2022
WHEREAS, each year nationally, one in every three adults age 65 and older falls; and falls are the leading cause of injury or death among seniors; and every 35 minutes, an older adult dies from a fall; and WHEREAS, falls are the most common cause of nonfatal injuries and hospital admissions for trauma, causing injuries such as hip fractures and head traumas; and fall-related injury is one of the 20 most expensive medical conditions; and
WHEREAS, according to a 2010, report, almost half (49.3%) of Contra Costa County’s unintentional injury hospitalizations occurred among residents 65 years and older; and over three-quarters (75.9%) of these hospitalizations were due to falls; and
WHEREAS, county residents 65 years and older had the highest unintentional injury hospitalizations in the county due to falls, followed by motor vehicle traffic accidents and poisonings; and WHEREAS, falling and the fear of falling, can lead to depression, isolation, diminished mobility, and loss of functional independence; and
WHEREAS, concentrated efforts are being made in Contra Costa County by the Fall Prevention Coalition to reduce falls and fall related injuries using multi-faceted interventions; and WHEREAS, by Senate Concurrent Resolution SCR 77 of May 28, 2008 declares the first week of fall each year as Falls Prevention Awareness Week in California, and the Federal Safety of Seniors Act of 2007 calls for the expansion of public health programs, educational outreach, and research activities related to fall prevention.

NOW THEREFORE BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim the week of September 18 to September 24, 2022, as “FALLS PREVENTION AWARENESS WEEK” in the City of Oakley, and call upon our citizens and interested groups to observe the week with appropriate activities that promote awareness of fall prevention. _________________
Randy Pope, Mayor
10 PROCLAMATION

NATIONAL HISPANIC HERITAGE MONTH
September 15 – October 15, 2022
WHEREAS, America draws strength from the extraordinary diversity of its people, that our national character is enhanced by citizens who maintain, and honor cultural customs brought from other lands; and WHEREAS, the Hispanic people have long been part of this tradition, having been among the earliest settlers in California, in Contra Costa County and other regions of the United States and Latinos over the years have come to this country in search of democracy, freedom and a better way of life. Their diverse and vibrant culture includes elements originating in Europe, North America, Central America, South America, and the Caribbean; and
WHEREAS, many Hispanic sons and daughters have served our country with distinction, making important contributions in the arts and sciences, the business world, academia, government, agriculture, and the Armed Forces helping to preserve the democracy and freedom all Americans enjoy, and where since World War I have been awarded the Medal of Honor more than any other ethnic group; and WHEREAS, pursuant to Public Law No. 100-402, approved August 17,1988, “That the President of the United States is hereby authorized and requested to issue annually a proclamation designating a 31-day period beginning September 15 and ending on October 15 as “National Hispanic heritage Month” and calling upon the people of the United States, especially the educational community, to observe such month with appropriate activities;” and
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 September 15 through October 15, 2022 as “National Hispanic Heritage Month” and encourage all citizens to honor this observance with programs, activities, and ceremonies to learn about and promote the Latino-Hispanic contributions. ______________________
Randy Pope, Mayor
11 PROCLAMATION
September Is National Suicide Prevention + Action Month WHEREAS; September is known around the United States as “National Suicide Prevention Awareness Month”, most of us are quite aware of suicide. National Suicide Prevention + Action Month is intended to help promote and give attention to the Suicide Prevention services available to us and our community. The goal is to speak openly about the topic of suicide to help erase the stigma surrounding it, and to direct those in need to the appropriate support services; and WHEREAS; Suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and
WHEREAS; According to the American Foundation for Suicide Prevention (AFSP), more than 40,000 people die by suicide each year; and
WHEARAS; Suicide is the 10th leading cause of death among adults in the US, and nearly 20% of all suicides were completed by people ages 45-54; and
WHEREAS; Oakley, California is no different than any other community in the country, but chooses to publicly state and place our full support behind local educators, mental health professionals, athletic coaches, pack leaders, police officers, and parents, as partners in supporting our community in simply being available to one another; and WHEREAS; local organizations like Suicide Prevention Services (SPS), national organizations like the National Alliance on Mental Illness (NAMI) and international groups like Hope For The Day (HFTD) are on the front lines of a war that many still refuse to discuss, as suicide and mental illness remain too uncomfortable of a topic to talk about; and WHEREAS, every member of our community should understand that throughout life’s struggles we all need the occasional reminder that we are all fighting our own battles; and
WHEREAS, I encourage all residents to take the time to check in with their family, friends, and neighbors on a regular basis and to honestly communicate their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping someone realize that suicide is not the answer.

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 the month of September 2022 as National Suicide Prevention Awareness Month in the City of Oakley, California.
_________________
Randy Pope, Mayor
12 PROCLAMATION
Patriot Day
WHEREAS: Twenty-One years ago, our country lost the lives of nearly 3,000 innocent men, women and children in the devastating terrorist attacks that occurred on September 11, 2001; and
WHEREAS: the Oakley community will always remember and honor the lives lost that day; and
WHEREAS: that tragedy will always serve as a reminder of the United States of America’s tremendous strength and resilience in the face of devastating loss; and WHEREAS: our military, law enforcement officers, firefighters, first responders and other emergency personnel showed true heroism, and we can never thank them enough for the selfless courage they demonstrated in defense of our great freedoms; and
WHEREAS: these brave men and women who defended their fellow Americans, as well as our Nation’s enduring truths, will never be forgotten and their heroic actions are forever etched into the pages of our Nation’s history.

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 declaring September 11, 2022 as Patriot Day.
_____________________
Randy Pope, Mayor
13 Proclamation
National Service Dog Month
WHEREAS, National Service Dog Month is celebrated every September to show appreciation to our four-legged friends who often play a huge role in the lives of human beings; and
WHEREAS, National Service Dog Month acknowledges all the efforts that are made by service dogs to help humans. The dogs are trained at a young age and once assigned a home, it becomes their duty to protect the human; and
WHEREAS, to bring to light how important service dogs are, National Service Dog Month was formed in 2008; and
WHEREAS, service dogs are more than just pets since they have been trained to take care of humans suffering from certain ailments, disabilities, or mental health issues that may interfere with their quality of life; and
WHEREAS, the purpose of service dogs is to provide companionship, protect, serve their humans, and make their lives easier. A well-trained service dog will not only be their best friend, but also their biggest support.

NOW THEREFORE BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim September as National Service Dog Month.
______________________
Randy Pope, Mayor
14 Proclamation
Labor Day
WHEREAS, Labor Day is observed annually on the first Monday in September to recognize the contributions and achievements of American Workers; and WHEREAS, during the late 19th century, labor unions grew prominent and vocal by protesting for better wages, hours, and working conditions; and
WHEREAS, after decades of protests, strikes, and boycotts, Congress passed an act making Labor Day a legal holiday. On June 28, 1894, President Grover Cleveland signed it into law; and WHEREAS, the recently introduced Protecting the Right to Organize (PRO) Act will empower workers to exercise their freedom to organize and negotiate for better wages and working conditions. It will increase worker protections and strengthen the institutions that hold corporations accountable; and
WHEREAS, Labor Day is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. This annual national holiday recognizes the contributions and resilience of working Americans.

NOW THEREFORE BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim September 5, 2022, as Labor Day. ______________________
Randy Pope, Mayor
15 Proclamation
Disabled American Veterans Day
WHEREAS, Disabled American Veterans (DAV) was founded by World War I Veterans on September 25, 1920 and was chartered by an Act of Congress on June 17, 1932; and WHEREAS, DAV is dedicated to a single purpose: empowering veterans to lead high-quality lives with respect and dignity; and
WHEREAS, DAV accomplishes this by ensuring veterans and their families have access to the full range of benefits available to them, by fighting for the interests of America’s injured heroes, and by educating the public about the needs of veterans transitioning back to civilian life; and WHEREAS, DAV provides free, professional assistance to veterans and their families in obtaining benefits and services provided by the U.S. Department of Veterans Affairs and other agencies; and WHEREAS, the DAV additionally provides outreach concerning its programs and services to the American people generally, and to disabled veterans and their families specifically; and WHEREAS, the DAV represents the interests of disabled veterans, their families, their widowed spouses, and their orphans before the federal government, as well as state and local governments; and
WHEREAS, the DAV Department of California demonstrate their unending commitment to ill and injured veterans of all generations and conflicts.

NOW, THEREFORE, BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, and on behalf of the Oakley City Council do hereby proclaim September 25, 2022 as Disabled American Veterans Day and encourage all citizens to join me in this worthy observance. ________________
Randy Pope, Mayor
16 Minutes of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
July 12, 2022
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Vice Mayor Aaron Meadows called the meeting to order at 6:35 pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance. Mayor Randy Pope was absent.

1.2 Pledge of Allegiance to the Flag (Girl Scout Troop 33666) Girl Scouts from Troop 33666 lead the Pledge of Allegiance to the Flag.

1.3 Contra Costa Transportation Authority Update (Tim Haile, Executive Director)
CCTA Tim Haile, Executive Director provided a PowerPoint presentation including information regarding what CCTA does, 2004 Measure J funding projects, leveraging local funding (3:1 leveraging ratio), travel behavior, survey regarding willingness to try/increase modes of transportation to alleviate congestion on SR-4/242, Vision Zero approach to safety, Transit First program, Countywide safety through a synchronized signal system, clean corridors, Accessible Transportation Strategic Plan, redefining mobility, SR 4 Design Alternative Assessment (DAA), SR 239/connector to Byron airport, Glydways system, and East Contra Costa County DPMT Conceptual Routing Plan.

Councilmember Fuller asked Mr. Haile to provide detail on the Byron project.

Mr. Haile explained the project would provide better access to the Byron airport to have freight and goods movement to SR 239. He mentioned the County has a development plan around the Byron airport which can be used to leverage trucks on the road or as a transportation hub.

Councilmember Fuller inquired how much infrastructure would have to be done.

Mr. Haile responded the County may have the answer as it has the development plan.

Councilmember Higgins inquired how much longer until Glydways hits streets. 17 Mr. Haile responded that a request for proposals will be released in September to start the project, to provide technology for the project. He commented Glydways is a potential vendor for it and other vendors can submit proposals to provide similar technology. He mentioned it will be a 3 to 4-year project.

1.4 Liberty Union High School District Update (Eric Volta, Superintendent) Liberty Union High School District Superintendent Eric Volta provided an update including Freedom High School (FHS) is in its 27th year of operation and current enrollment is 2,527 and is projected to be slightly higher by October but enrollment will likely decline due to growth declining in outside areas. He discussed Measure U (2016) projects are close to being completed or have been completed including the construction academy, theater, auxiliary gym, turf replacement on football, baseball and softball fields across the district, and FHS pool expansion. He mentioned COVID protocols continue to follow the status quo. He shared the highest COLA (12.6%) in history has been provided to schools, they have received $9.1 million in one-time funds to be used discretionary on their part, and they have a $121 million approved budget.

1.5 Oakley Union Elementary School District Update (Jeff Palmquist, Superintendent) Oakley Union Elementary School District Superintendent Jeff Palmquist provided an update including they are projecting a steady growth of students over the next few years due to expansion for TK and development, they are 1 of 14 districts to receive an instruction literacy grant, they will use the 1st year to address district leadership with a train-the-trainer model and the next 3 years for impact for students. He shared financially, the District is in order and enrollment projections are key. He also shared they completed painting both middle schools’ facades. He mentioned they have a pandemic services coordinator. He also mentioned they have a leadership development framework and look forward to a continued partnership with the City.

Councilmember Williams inquired if any of the funds from the state will be used toward mental health support. She requested Mr. Palmquist explain the later start time for schools.

Mr. Palmquist shared that the District hired a social worker three months ago, they are creating wellness centers at middle schools, they have floating positions for safety-to provide an extra set of eyes and ears and to monitor and submit work orders, and there is a new Director of Student Services. He mentioned mental health has been an area of focus and will continue to be. He explained the later start time for elementary and middle schools is due to shared transportation being scheduled around a change in state law that has high school students starting later. He shared the most substantial change is 15 minutes and not all sites have this much change in start time. 18 2) PUBLIC COMMENTS
Hannah Lee requested an oil and gas drill ban be set within City limits and a resolution passed asking the County to ban oil and gas drilling. She shared she has been physically impacted by these things and worries about her health being in jeopardy. She mentioned chronic heart and lung diseases and premature death can be caused by smoke emitted, especially for persons with higher health risks. She urged the Council to take the best public health option of elimination of oil and gas drilling.

Ian Cohen thanked Councilmember Higgins for bringing the issue to the Council’s attention. As an advocate of public health, he requested an oil and gas drilling ban as young families have kids playing next to an oil drill. He indicated the City of Antioch banned oil and gas drilling by changing its zoning rules and asked why Oakley allows it.

He mentioned oil and gas drilling with harmful premature death and lung cancer is within 2.5 miles of homes for families in the Heart of the Delta.

Liz Elias thanked Councilmembers Higgins and Williams for having the courage to step forward toward banning oil and gas drilling. She suggested Oakley look at the City of Richmond’ resolution written by physicians. She shared drilling for gas and/or oil is not environmentally friendly and if they stop completely, resources can be diverted to green energy production. She indicated a social justice issue is involved and worst affected are communities with low economic status or minorities. She implored the Council to act quickly to prohibit oil and gas and drilling or extraction by any other means and cap off existing wells at cost to the owner or benefactor and restore areas to their natural states. She urged the Council to support a resolution to present to the County for the health and safety for all persons within the County. She commented it is hypocritical to tell the County to do something the City is not already doing. She suggested Councilmembers take note of what young activists are saying as they will be old enough to vote when current terms expire.

Sydney Flanery shared she is a senior in high school and she is requesting a ban on oil and gas drilling within the City. She urged the County to pass a resolution regarding the same. She mentioned climate change affects everyone and the City should protect the safety of future generations. She shared her residence is within 150 feet of a drilling site which can cause cancer and high asthma. She indicated oil and gas drilling is a global warming contributor. She shared during water polo and swim, she could feel the poor, unhealthy air quality. She asked the Council to not allow oil companies the right to profit as they go to school and live within 2.5 miles of a site and the future of families will be greatly affected.

Alison Chin shared she is a high school junior. She urged the Council to ban oil and gas drilling and to encourage the County to also pass a resolution, following the lead of the cities of Antioch and Brentwood. She indicated Stanford and Yale studies reflect contamination and stress among other harmful factors of living close to drilling, i.e., increased heart disease, cancer, liver damage, immunodeficiencies, and neurological issues; everyone is affected directly. She commented that a 150-foot set back in Oakley 19 is nothing; it is not something anyone wants to be near and will never be a place for families in the heart of the Delta.

Paul Seger, President, Board of Directors, Diablo Water District, mentioned the District has authority to protect water in the aquifer which may be impacted by oil and gas drilling. He mentioned historically East Contra Costa has had oil and gas and now has abandoned wells and drilling. He explained active drilling has the highest contamination potential and they should protect the health of the aquifer within its influence. He shared that drilling outside of the district sphere can impact groundwater quality within their area, contributing to climate change, exasperated sea level rise and other issues. He referred to a 2021 risk resiliency plan with a December 2027 target date, addressing new oil and gas wells in subbasin, and a resolution passed late last year to go along with a Sunflower Alliance petition. He urged Councilmember Higgins to please stop all wells currently in operation.

Vice Mayor Meadows announced closed session items 8.1 and 8.3 would be heard next, before the Consent Calendar. The Council heard the closed session items in the antechamber and then returned to the chamber.

City Attorney Derek Cole reported 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) He indicated direction was provided to the City Attorney to execute an agreement with a private law firm to represent the City.
3) CONSENT CALENDAR

3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency / Public Financing Authority Meeting held June 14, 2022 (Libby Vreonis, City Clerk)

3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)

3.3 Award of Construction Contract to SofSURFACES for the Holly Creek Park Playground Resurfacing Project - Capital Improvement Program (CIP) Number 284 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.4 Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees (Tim Pryzybla, Finance Director)

3.5 Annexation No. 32 (Wendy’s at Bridgehead Rd and Main St) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Parks, Streetlight, Landscape and 20 Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.6 Creating Zone 184 within the Oakley Special Police Tax Area consisting of the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street (APN 037-040-021) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Creating Zone 185 within the Oakley Special Police Tax Area consisting of the Elm Lane Apartments project located between Elm Lane and Highway 160 (APNs 051-210-019 and 051-220-005) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.8 Adopt a Resolution Approving a list of projects for Fiscal Year 2022/23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 (Kevin Rohani, P.E., Director of Public Works/City Engineer)

3.9 Agreement with TJKM, Inc. to develop a Local Roadway Safety Plan associated with Capital Improvement Program (CIP) Project Number 289 – Local Roadway Safety Plan Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.10 Side letter to the Memorandum of Understanding between the City of Oakley and the Oakley Police Association (Jeri Tejeda, Human Resources Director)

3.11 Consideration of a Resolution Allocating Additional American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to the City's Nonprofit Grant Program (Felicia Escover, Assistant to the City Manager)

3.12 Approval of the Bethel Island Road Precise Alignment Plan for Bethel Island Road between East Cypress Road and Sandmound Boulevard (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.13 Amendment Number 3 to the Consulting Services Agreement with Pavement Engineering, Inc. to provide Construction Support Services for FY 2020-21 Street Repair and Resurfacing Project - CIP 246 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.14 Consideration of a Resolution Approving a Loan Subordination Agreement Between Walker & Dunlop, LLC and the Successor Agency to the Oakley Redevelopment Agency (Tim Przybyla, Finance Director)
Vice Mayor Meadows pulled item 3.11 to hear public comments submitted. 21 It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the remainder of the consent calendar. Motion was unanimous and so ordered. (4-0)
Item 3.11
Robin Ryder commented trap and return resources are limited so the grant money will help them. She mentioned calls for help have increased and shelters have not been able to accommodate all requests. She shared this past month she took in 20 cats that were fixed and adopted. She indicated feral cats are an issue at Freedom High School; recently, four new kittens were found in a trash compactor with their cord still attached and she worked for three days to try and help them survive but couldn’t. She explained this could have been prevented with education.

Lisa Kirk with Contra Costa County SPCA shared she has been involved in trap, neuter and return for 10 years in East County and she appreciates the City supporting groups like this. She explained the shelters are not providing adequate services. She suggested a low-cost, high volume spay/neuter clinic in Oakley because East County has nothing. She mentioned she is a volunteer and must schedule her time, their time, vet services and sometimes go to a site 10-12 times to get cats as well as clean, feed, do laundry, get gas, maintain her car, all which add up to approximately $45 per cat at her cost. She mentioned the cost is approximately $90-$140 per cat with vaccines and flea treatments.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to adopt the resolution. Motion was unanimous and so ordered. (4-0) 4) PUBLIC HEARINGS

4.1 Public Review Draft of 2023-2031 Housing Element Update – Presentation by Ascent Environmental (Oakley’s Housing Element Consultants) on the public review draft of the 2023-2031 Housing Element Update in order to receive public comments and consensus feedback from the City Council (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint. He mentioned the 2023-2031 Housing Element Update was posted on City's website June 29 and will remain open for public comment until August 5.

Chelsey Payne, Director of Urban Design and Planning with Ascent Environmental, Inc. provided a PowerPoint presentation on the 2023-2031 Housing Element Update including an overview of the Housing Element, recent trends and housing needs, Regional Housing Needs Allocation (RHNA), summary of housing capacity, housing plan and next steps.

Councilmember Williams inquired how many sites belong to the City. 22 Mr. Strelo explained they are all privately owned.

Councilmember Williams inquired if any building occurred on these lots if it would take a willing landowner and a willing builder, and in the last/current housing cycle, how many lots were developed.

Mr. Strelo responded that the Elm Lane project was developed, and he is not sure if CBH was one of those sites.

Councilmember Williams inquired if not all sites were developed.

Mr. Strelo commented that no one showed interest to develop the other sites.

Councilmember Williams inquired about ‘underutilized’ versus ‘vacant’ sites.

Ms. Payne indicated vacant sites are more likely to be developed as the state has stringent standards for nonvacant sites so vacant sites have a better chance to be approved.

Councilmember Fuller commented he is glad she captured disabled complaints. He requested Ms. Payne explain page 418, figure 4.4.

Ms. Payne commented that this is a data study prepared by UC Merced students sponsored by ABAG; they took a deep dive into U.S. Census data, compared cities, looked at the racial segregation index compared to other cities, and found the highest segregation is between black and white residents; the figure shows the % of certain racial groups that would need to move to different areas to achieve balance.

Councilmember Fuller commented they have income inequity, segregation by inequity, and this may create further income inequity. He explained the houses on southeast Cypress and Sellers are one-story units but are below the median rate for the Bay Area.

He indicated the southwest corner of Laurel and O’Hara is a desirable site for affordable housing as it is near shopping, transportation and schools to be more inclusive, but people didn’t like it so they moved it to East Cypress which doesn’t have the same access; the only reason it was withdrawn is that people didn’t like it there.

Mr. Strelo commented that several sites were presented during public sessions and for various reasons sites were limited down; if sites had opposition, the majority did not move on them.

Councilmember Fuller commented that Rose and Main is the most famous site, but it is low-income; the more affluent area opposed.
23 Councilmember Higgins mentioned some other cities were talking about suing ABAG because these numbers provided to cities are nuts. She inquired if anything came about with that lawsuit.

Ms. Payne indicated nothing she is aware of.

Vice Mayor Meadows commented that Oakley’s numbers went down, he thought about the area of Bridgehead Road and Hwy 160 and removal of sites at Brownstone and Main. He mentioned they received a letter from DeNova Homes with potential sites at Summer Lakes North.

Mr. Strelo commented the Brownstone and Main sites were taken out of the overlay zone but would remain as additional sites. He explained that if the site needs to be rezoned, the environmental analysis is already done. He mentioned he anticipates whatever site chosen will be opposed and it can be challenging to find additional sites within 6 months. He shared that staff is not recommending any East Cypress sites be included because no transportation or other services exist in the area.

Vice Mayor Meadows inquired if there are 14 new sites.

Mr. Strelo explained there are 7 existing and 7 new sites.

Vice Mayor Meadows commented that 6 sites fall west of Empire Avenue.

Mr. Strelo commented there are 4 sites west of Empire Avenue (sites 8, 9, 10 and 11) Vice Mayor Meadows requested the unit count west of Empire Avenue.

Ms. Payne indicated it is most of the units.

Vice Mayor Meadows commented it is 315 units.

Vice Mayor Meadows opened the public hearing.

Patricia Houghton shared she took the Housing Element survey and she does not believe less than .5% of Oakley’s population who took the survey should decide what happens in Oakley. She mentioned many low-income housing units exist in District 1 where she lives. She shared a visual map she created with low-income housing in District 1, 2 and 5; however, there is none in Districts 3 and 4. She shared the roads in District 1 are mainly rural which are narrow and have too much congestion already with industrial buildings such as Amazon and CoCo Farms, as well as many apartment units being built in Antioch to the west. She commented that the Elm project has 170 units on a narrow, congested road. She suggested additional sites be considered instead of in District 1 which is in the Antioch Unified School District. She mentioned this was all hidden from them; no one knew about it until she told everyone. She also submitted an online public comment made part of the meeting record.
24 Stacy Winslett commented she is a resident close to site 10 and is opposed to adding 234 units because Antioch has already added 394 units, resources are limited, police would need to be increased to monitor emergency services, fire and medical would need to be increased, schools are lacking to accommodate the number of people, infrastructure is old, want kids to grow up in a safe environment with schools not overcrowded, and 170 units are being built behind Chevron. She mentioned 943 units are proposed between Antioch units being built and site 10 which is an extreme increase in people where grocery and emergency services are not nearby to accommodate the people. She also submitted a public comment online made part of the meeting record opposing Site E on Oakley Road.

Lydia Vicknair was called and was not present. She submitted a public comment online made part of the meeting record regarding lack of publicity about the survey and lowincome housing concentrated in a district.

Jill DiNapoli was called and was not present. She submitted a public comment online made part of the meeting record regarding adding units near custom homes that will decrease home values and increase traffic on roads not wide enough to accommodate.

Dr. Richard Brophy commented that the reality of low-income housing is increased crime that radiates to neighboring communities, drug abuse, increased need/taxing for fire, police and social services and violence at schools. He expressed this draconian measure is unconscionable and people are leaving the state in droves. He requested the Council seriously consider this and protect them.

Robert Hooper shared he is a Section 8 landlord and Section 8 tenants are the best he has had, many with a disability, and they don’t impact services more. He expressed he does not want big complexes that are like a penitentiary. He mentioned his tenants are good people and he tries to be a good landlord by providing things like gardeners and pest control. He commented that big complex may be wrong, but Section 8 is not all bad; it is necessary to have it as low-income housing includes people with disabilities.

Gerald Hardt commented there is climate change, traffic, unconscionable roads and infrastructure. He expressed concern that the whole city is going to change and he asked if everyone is ready for this lifestyle. He shared he lives in the Neroly area and can’t get around those houses. He mentioned the Antioch complexes are unbelievable.

He inquired what road and infrastructure improvements are being made with their tax dollars. He expressed the bypass does not work; there are too many houses and people.

Terry Hooper commented she understands the state mandate and believes high density, low-income units should be evenly distributed throughout the City. She mentioned zones 1 and 2 have several high-density units; zone 5 has only 96 and appears to have a lot of suitable locations. She suggested the Council look at locations 25 in zone 5. She requested staff consider mailing notices as not everyone is computer savvy to find information online.

David Houghton commented that residents want to be treated fairly and equitably. He shared zone 1 has 80% of the units. He mentioned other cities are fighting the state on this and this plan will be an icon for low-income/homelessness. He mentioned 82% of units are in District 1 already and the City wants to put more in there. He expressed opposition to sites 8-11 and support for sites 14 and 15. He inquired why the City of Oakley cannot say ‘no’ to the state, especially when this will change the look of the City when people have worked hard for their property; a burden the state is putting on the City.

Cynthia Kay commented that areas of low-income get more low-income housing, a cycle that continues. She inquired if affluent cities have these problems and what their affordable housing looks like. She mentioned no one she knows had the survey or knew about this. She shared she lives in zone 1 where there are million-dollar homes and she does not want to see development on Neroly and Oakley Road that will lower their home values. She mentioned they pay taxes based on their home value and she would like to know how low-income housing helps the City since apartment residents don’t purchase appliances or home repair items which means little money will be coming back into the City by these residents. She expressed the sites don’t have infrastructure, grocery is inadequate, roads have potholes and are not very wide. She indicated she does not oppose apartments to provide housing, especially to seniors, but they need to be close to services.

Doris Daniels shared she is an area 1 resident and is upset that her property value may decrease. She explained she wants to move into senior care and wants to be able to sell her house so she can live the rest of her life. She mentioned the roads are paved, but narrow and lack curbs and sidewalks so she doesn’t feel safe because there is no place between her and cars. She also mentioned there is no lighting, no sewers and more sceptic tanks would go in a new area. She inquired why the City put in a two-lane road in Downtown as between 3:30 p.m.-6:00 p.m. people can’t get through there and traffic is backed up on Cypress. She mentioned it is not constructive for the City and people within. She urged the Council to not let people hanging there.

Dollie Swenson commented she echoes previous comments and hopes the Council will consider what people are saying, also with the mosque to be built.

Vice Mayor Meadows commented that the public can present comments but at this time there is no dialogue; when the people are done speaking, the Council or staff will comment.

Dollie continued indicating the area is inundated and being handpicked for low-income housing. She mentioned schools will have to bus students to middle and high schools and residents don’t want to pay for it, it will reduce water and she wants to know who 26 will pay for their water, and she wants to know who will pay for city services they will create with crime.

Jim D'Amico commented he is not concerned about zone 1. He mentioned he has watched the City grow and it is amazing what the City has done. He shared he lives in Neroly Estates and to put an apartment complex in the area without streetlights does not seem to make sense. With problems known on Carol Lane, he suggested the City reconsider zone 10. He asked the Council to consider single people and families and put apartment complexes somewhere else.

Zeru Valenzuela commented he lives in the house across from Elm Lane and saw no posting on development. He inquired why residents didn’t receive notice. He mentioned some people need Section 8 housing and some people take advantage. He explained he has made Oakley his home and his family works. He mentioned the people who started this City were low-income, foreigners, grape pickers and East County used to be beautiful so why bring this to this City. He mentioned Danville wouldn’t accept this.

Samantha Madruga submitted a written comment but did not wish to speak. Her comment indicated the City is not built to hold low-income housing, it will hurt our City and bring people who do not care about it, and the City does not have the infrastructure needed for growth.

Bryan Webb submitted a written comment but did not wish to speak. His comment indicated he does not want trash from surrounding cities spilling into Oakley into already struggling schools. He mentioned Oakley doesn’t have the proper infrastructure to accommodate these units.

Pat Leiser commented he has a hard time trusting the Council. He mentioned the council voted 5-0 to keep 1-acre parcels in Neroly Estates then 6 months later changed it to ½-acre parcels. He expressed uncertainty with how many units it will really be. He mentioned the CCTA update heard this evening explained how bad the infrastructure is and it needs improving before units go in because the City is not currently ready for it.

He mentioned he was never notified of the 170 units and inquired if that is part of this update. He expressed it is crazy to select 7 sites at public meetings based on 200 comments and a study on ethnic social climate done by college students, not professionals. He requested to see CEQA documents and EIRs. He mentioned if they add the units being built across Hwy 160 in Antioch, there is a proposed 940 units within a ½-acre radius and no one supports that plan.

Trent Sanson with DeNova mentioned he submitted a letter for the City to consider a Summer Lake North project for units. He mentioned they already have a project underway and are able to work with the City to provide an equitable distribution on the east side of town in a project already under construction. He mentioned they can offer diversity in design, relish the opportunity for alternative designs, and there will be a new levy encapsulated so as not to impact other residents.
27 Paul Seger spoke as a resident. He mentioned there are residential design guidelines online. He shared the Knox Lane community took a stance against a Seeno home development next to agricultural limited homes on acre lots. He explained each neighborhood needs to look like it belongs to the next neighborhood with small steps in density. He suggested this group should get lawyer. He mentioned the General Plan update recently passed without an EIR and there are no changes to development within the City, but here they are talking about adding thousands of homes creating new traffic patterns. He commented that the state has it backwards. He added that it is a staff decision on CEQA and staff is saying ‘no’ to an EIR that is needed; the documents need to be produced and numbers tallied.

Jerome Cizek submitted an online public comment made part of the meeting record opposing all 3 proposed sites, in particular Site E.

Curtis Cottle submitted an online public comment made part of the meeting record requesting the Council preserve the vineyard on Oakley Road rather than developing into units.

Vice Mayor Meadows closed the public hearing.

Councilmember Higgins commented that she had low-income housing and worked her way up. She mentioned the City has to have low-income housing and she is sorry no one wants it next to them; the City must have it and many units do not get developed.

She mentioned it is not a class action suit to jump on; it is expensive to litigate. She indicated they can look at which sites they all agree on that they can put an overlay; they are not saying put this type of housing or that type; they need to decide on sites.

Councilmember Fuller mentioned staff decreased the number of units required of RHNA. He shared he sits on ABAG and this is a losing proposition to fight it. He mentioned Alameda County is trying to pass a bond for people with land; they are trying to get the state to give money to developers with land. He indicated Oakley is up against a delicate situation. He mentioned the RHNA numbers were approved by a Mayor of Contra Costa County town. He shared Berkeley and Oakland have thousands of units they need to put in, not hundreds. He mentioned it is important for public input but doesn’t want anyone to think it’s going to stop because Oakley has open land. He commented that staff is working very hard to bring it together and work with the community. He expressed everyone needs to be involved, not only residents, but foreign investors and others involved. He commented it is not divided equitably within the City. He requested the southwest corner of Laurel and O’Hara be added back in and sites be distributed in an equitable manner. He expressed he does not like Brownstone and Main or larger units as housing projects are inhumane and he does not want to see it just because land is available. He mentioned not everyone will be happy with the sites chosen but Oakley must develop its share. He suggested people can go to the ABAG website to see what other communities have for RHNA numbers. He mentioned the disabled are the most discriminated group in this City, especially when the City tore down the blue houses on Main and disabled people were unhoused. 28 Councilmember Williams shared that she couldn’t afford a home in Oakley without fortunate circumstances they encountered; she would be considered low-income and would be one of the people in an apartment complex. She shared it is time for a different view of people who will live there; they are teachers, firefighters, people that cannot afford to rent here. She requested everyone remember years ago residents had to make exceptions and accommodations for people to be here and the City needs to make choices where it makes sense because units are needed here. She shared she couldn’t afford it as an entrepreneur, and she accepts that people who work here would also like to live here; she would like to afford those opportunities to those people because they are the people making this community work. She expressed they need to think about generations to come. She mentioned actual development of the units takes a willing landowner and willing developer, and by selecting sites, the City can show to the state it has done what is required. She mentioned the last cycle had one site built and this selection process must happen every 8-10 years so there will be the same panic, but the City has to do it. She commented she understands the concentration of where people will live, but groceries, transportation and jobs are in certain areas and she loves that DeNova offered to build units, but Tri-Delta doesn’t go out to E. Cypress.

She indicated these projects will not be built tomorrow and this is not just rentals or apartments; there are a variety of housing types.

City Manager Joshua McMurray mentioned the economic reality is that the units would be rentals.

Councilmember Williams inquired if fast-tracking would still happen and if they would still have to do an EIR and CEQA.

Mr. McMurray explained that the environmental is all yet to be done; they would have to do CEQA as part of the process before the draft form.

Councilmember Williams inquired if every special district needs to sign off to approve (i.e., water, fire, schools, etc.).

Mr. McMurray responded that they would; all analyze it as part of CEQA.

Councilmember Williams commented she would love to hear how to get people to participate as this was not first go around at this.

Mr. Strelo shared that staff published notice in the newspaper, the City has had information regarding the update on the front page of its website and this was also done for the public survey. He mentioned they have provided information on social media, every work session or study session was posted in 3 locations within the City, and the City of Oakley has a mailing list of which the public can subscribe.

Councilmember Williams inquired about Elm Lane noticing. 29 Mr. McMurray mentioned Elm Lane is the only affordable project with the current cycle that was approved in 2013. He explained as part of the analysis, the state wants the site to be approved and the overlay is done by administrative review, not by public hearing.

Councilmember Williams inquired how staff will incorporate feedback for future meetings and if the public will have an opportunity to speak.

Mr. Strelo explained that hearings for both the Planning Commission and City Council will have draft documents for review and provide for public comment.

Mr. McMurray explained that rezone was the past practice for the current cycle; the City Council approves the actual rezone and staff would notice each site within a 500-foot radius, 200 feet over the state required noticing, and each property would be noticed separately.

Councilmember Williams commented on the site for O’Hara and Laurel mentioning it is not close to grocery, but transportation is there. She inquired if there is a way to identify where those items are located so the Council can make an informed decision.

Mr. McMurray commented that staff feels the southwest corner of Laurel and O’Hara is a prime site for the overlay.

Councilmember Fuller commented that the City needs to get the Downtown Specific Plan done. He expressed he really wants to see it, the impact on numbers and how to put it together.

Mr. Strelo responded that it is scheduled for late 2025 but if they can bring it sooner than that, they will.

Vice Mayor Meadows shared he lives west of Empire. He mentioned this is state mandated and therefore residents should consider who they vote for at the state level as it is important. He commented this is not a housing issue; it is a jobs issue, and he doesn’t want to see land in Bridgehead that could provide jobs converted to housing. He expressed he wants to see a site at Oakley Road and the site at Laurel and O’Hara added back in. He mentioned Patricia’s display board shows the units are concentrated in District 1 west of Empire and apartments east and west of Lucky’s could be included in district equitable distribution.

Mr. Strelo mentioned no motion is needed. He inquired if any other Councilmembers want to discuss sites.

Vice Mayor Meadows commented site 10 at Oakley Road and Hwy 160 is zoned commercial. He mentioned he believes it should be zoned light industrial as there is too much commercial in the City anyway; they already have apartments being built to the north of it and there are lots of apartments in that district; 82% are low-income. 30 Councilmember Williams commented she supports removal but wants to see the overlay and wants to see where transportation is provided.

Vice Mayor Meadows mentioned the site at Laurel and O’Hara is across from a potential future Safeway.

No action was required of the City Council.

4.2 Repeal of 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)
Councilmember Fuller expressed his objection to the train platform and parking lot in Downtown Oakley, indicating financial resources would better support a new local library building in Downtown Oakley.

It was moved by Councilmember Fuller and seconded by Councilmember Williams to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)

4.3 Waive the First Reading and Introduce 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) City Attorney Derek Cole presented the staff report.

Police Chief Paul Beard explained the tools and equipment Police uses for high-risk incidents, community protection and incidents requiring specialized equipment including single-round 40mm launcher, multi-round 40mm launcher; 29 patrol rifles, patrol rifle,

5.56 chambering-semi-automatic, and 2 drones with 4 trained operators used for lost people, for festivals to memorialize events, and to look for dangerous people.

Councilmember Williams inquired if it comes back to the Council for approval if Police adds to the list.

Chief Beard responded it would; he will need to add rifles as officers are added.

Vice Mayor Meadows inquired if he comes back to request additional rifles, how many officers would utilize those rifles.

Chief Beard responded that would depend on the number of officers added.

Vice Mayor Meadows opened the public hearing. There were no public comments.

Vice Mayor Meadows closed the public hearing.
31 It was moved by Councilmember Higgins and seconded by Councilmember Williams to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)
5) REGULAR CALENDAR

5.1 Introduce 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) City Attorney Derek Cole presented the staff report. He explained the ordinance provides Police enforcement tools for spectators who attend events and drivers can be subject to enforcement and arrest but this addresses spectators who create demand for such events to occur by allowing misdemeanor prosecution. He mentioned the District Attorney may not want to give high attention to cases but the City can fine, providing local enforcement tools.

Chief Beard provided background on sideshows, a demonstration video, probable outcomes, information on local side show activity; Oakley Police Officer bodycam footage and video of spectators within 200 feet.

Councilmember Higgins inquired if the fine can be raised to make it stronger.

Chief Beard responded that the state has set the fine level.

Mr. Cole responded that violations of a local ordinance cannot exceed a misdemeanor or $1000 fine.

Councilmember Higgins commented that this ordinance mirrors Pittsburg’s ordinance.

She inquired if Antioch’s ordinance is more stringent.

Mr. Cole commented it is Antioch’s list, but he is not sure if it has been adopted yet.

Chief Beard commented it is the County’s goal for cities to be in alignment.

Bud Chaddock provided comments in support of the ordinance.

It was moved by Councilmember Fuller and seconded by Councilmember Higgins to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)
City Attorney Derek Cole commented that the Council can vote to go past 11:00 p.m. but it needs a motion to continue past 11:00 p.m. or they can try to finish before then. 32 It was moved by Councilmember Williams and seconded by Councilmember Fuller to continue the meeting past 11:00 p.m. AYES: Fuller, Meadows, Williams. NOES:

Higgins. (3-1)

5.2 Consider Approval of a Request for Proposals, 204 Second Street (Harumi Murata, Economic Development Manager)
Economic Development Manager Harumi Murata presented the staff report. She mentioned there was no purchase interest by those required to be notified in the 60-day period. She indicated the property appraised at $399,488 and bids are due July 27, 2022, to be presented at the August 9, 2022 City Council Meeting.

No public comments were submitted.

Vice Mayor Meadows commented that July 27th is in 2 weeks. He inquired if it will publish tomorrow.

City Manager Joshua McMurray responded they have interest in the property but could extend 4 weeks and bring it back to the Council in September.

Vice Mayor Meadows requested it be extended to 4 weeks.

It was moved by Councilmember Williams and seconded by Councilmember Fuller to approve the request for proposals with an extension of 4 weeks for the bid deadline.

Motion was unanimous and so ordered. (4-0)

5.3 Consider Approval of a Request for Proposals and Ad Hoc Committee, Economic Development Workplan Update (Harumi Murata, Economic Development Manager)
Economic Development Manager Harumi Murata presented the staff report. She mentioned the request for proposals will be advertised and proposals will be due August 12, 2022; thereafter, proposals will go to the qualifications committee on August 13, 2022 and staff will bring it back to Council on September 13, 2022. She mentioned the ad hoc committee consists of 2 City Councilmembers to review proposals; authorization is up to $50k of ARPA funding.

It was moved by Councilmember Fuller and seconded by Councilmember Williams to approve the request for proposals and appoint Councilmember Fuller and Vice Mayor Meadows to the ad hoc committee. Motion was unanimous and so ordered. (4-0) 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
33 City Manager Joshua McMurray thanked Recreation staff and volunteers for the Oakley Summer Fest. He announced the next Movie in the Park, Sing 2, will be held July 30, the next Friday Night Bites and concert will be held August 5, the Annual Kids Fishing Derby will be held August 13, and the Heart of Oakley Festival will be held September

24. 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
None.
(b) Requests for Future Agendas
Councilmember Fuller requested staff bring forth a policy regarding minors speaking at the podium. He shared he would like to see their parents present as teenagers can be easily manipulated and exploited.
7) WORK SESSIONS

7.1 Introduction to the Yellow Roof Foundation and discussion about a potential affordable housing project at 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021) (Joshua McMurray, City Manager)
Joshua McMurray presented the staff report. He mentioned the Council should have received a letter of interest from Yellow Roof Foundation (YRF). He mentioned YRF wants to purchase 3 parcels, construct 3 homes with 3 ADUs, these count toward RHNA, and while the Council doesn’t have to accept anything less than fair market value, YRF’s initial offer was $125k for 3 parcels and the property appraised at over $500k. He mentioned the new offer is at $300k so the parties are getting closer. He shared selling 3 parcels individually may present challenges to the City and here they could sell to a buyer capable of developing. He mentioned it takes lots of staff time to hand hold when people are unfamiliar with developing. He shared YRF has done a similar development in Pittsburg to provide affordable housing in a responsible way.

Trent Sanson with YRF provided a PowerPoint presentation and shared they have volunteers and donations to provide housing to unhoused, they have experience and ability, and they take applicants on an income basis. He mentioned rent is no more than 30% of an applicant’s income. He shared conceptual architecture, appraisal comparison, letter of intent timeline and community benefits.

Councilmember Williams inquired if the ADU is above, not behind, where there would be two separate families in one house.
34 Mr. Sanson responded it would be two families in one house.

Vice Mayor Meadows inquired if utilities are stubbed on lots.

Mr. McMurray responded he is uncertain; lots are being sold as is and if not stubbed, it is nearby.

Vice Mayor Meadows commented there is a cost difference; he does not think DeNova will buy lots for $187k.

Mr. Sanson responded not as DeNova.

Vice Mayor Meadows commented he doesn’t think it is a crazy amount.

Mr. McMurray responded he is looking for approval to work with YRF.

Councilmember Higgins commented the landlord will be lifelong partners and the properties will be serviced so she is providing a thumbs up.

Vice Mayor Meadows inquired if they can push it out to the next cycle to count toward RHNA numbers. He mentioned this also falls within his district, District 1.

Councilmember Williams inquired when Oakley can get a tiny home village.

Mr. Sanson commented that they love land donations.

Councilmember Higgins suggested Summer Lake North.

Councilmember Williams commented there are issues with access.

Vice Mayor Meadows and Councilmember Williams provided thumbs up.

Mr. Sanson indicated he is open to conversation.
8) CLOSED SESSION

8.1 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) This item was heard earlier during the meeting (report out provided, supra). 35 8.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
Vice Mayor Meadows announced Closed Session item 8.2. The Council heard the matter in the antechambers.

Direction was provided to staff. There was no reportable action.

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

This item was heard earlier during the meeting.

Direction was provided to staff to institute legal action. 9) ADJOURN
There being no further business, the meeting was adjourned at 11:48 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
36 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
August 9, 2022

1.OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:41 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. The meeting began late due to technical issues. Vice Mayor Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were also in attendance.

1.2 Pledge of Allegiance to the Flag (Aubrey, Taylor and Ashley from Girl Scout Troops 33787 and 33784)
The Girl Scouts were not in attendance. Mayor Pope led the Pledge of Allegiance.

1.3 Proclamation Declaring August 18, 2022 "Never Give Up Day" No one was present to receive the proclamation. Mayor Pope mentioned it would be mailed to the person requesting the proclamation.

1.4 Proclamation Recognizing August 31, 2022 as International Overdose Awareness Day (Danielle Aubin & April Rovero)
No one was present to receive the proclamation. Mayor Pope mentioned it would be mailed to the person requesting the proclamation.

1.5 Update from Contra Costa County Advisory Council on Aging (Michael Rigsby) Michael Rigsby provided information regarding the groups he is involved in on the Advisory Council and requested Council input regarding priorities of interest.

Councilmember Higgins requested focus on affordable senior housing and rent remaining level.

Mayor Pope supported that as the biggest issue brought to Council by seniors.

Councilmember Fuller requested focus on mental health for seniors. 37 1.6 Update from Contra Costa Animal Services (Steve Burdo) Steve Burdo was caught in traffic. The Council delayed hearing the item until his arrival.

Mr. Burdo provided a PowerPoint presentation including an agency snapshot, services provided, top activities in Oakley, CCAS Agreement (detail, fee structure and staffing), and information regarding free adoptions in August and September.

Councilmember Fuller inquired if Animal Service works with other groups for adoption if specific breeds are brought in. He also inquired what services animals receive before adopted and what call center enhancement has been made. He expressed appreciation for reduced licensing costs for seniors.

Mr. Burdo explained they advertise on their website and social media, and work with transfer partners and rescue groups with focus on specific breeds. He mentioned animals must be spayed/neutered, vaccinated and microchipped before available to adopt. He indicated more information is now available online to assist with services and reduce the number of calls received and wait time is now 5-7 minutes. He mentioned reduced licensing costs for seniors and free licensing and adoption for Veterans.

Councilmember Williams inquired if Animal Services handles livestock, i.e., removal of horses that are put down.

Mr, Burdo explained they have a 6-stall barn to handle situations involving public safety; however, they do not handle removal of deceased livestock from private properties.

Councilmember Williams suggested resources on the County website for people to access for removal.

2.PUBLIC COMMENTS

None.

3.CONSENT CALENDAR

3.1 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)

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)
38 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)

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)

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

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)

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

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)

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)

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)

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)

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)
39 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)
Councilmember Fuller pulled items 3.5 and 3.7.

It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 3.5
Councilmember Fuller commended Mr. Przybyla on a great report.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to accept the report. Motion was unanimous and so ordered. (5-0) Item 3.7
Councilmember Fuller commented that project #215 involves $3.975 million ($4 million rounded) for a parking lot.

It was moved by Councilmember Higgins and seconded by Vice Mayor Meadows to accept the report. Motion was unanimous and so ordered. (5-0)

4.PUBLIC HEARINGS
None.

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)
City Manager Joshua McMurray presented the staff report.

It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to designate Councilmember Williams as the voting delegate for the League of California Cities Annual Conference Business Meeting to be held Friday, September 9, 2022. Motion was unanimous and so ordered. (5-0)
40 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)
City Manager Joshua McMurray presented the staff report.

Councilmember Higgins inquired if there is any financial commitment by the City.

Mr. McMurray indicated there is none.

Councilmember Fuller thanked staff for the maps and mentioned they are on the City’s website.

It was moved by Councilmember Williams and seconded by Vice Mayor Meadows to authorize the City Manager to send the letter in support. Motion was unanimous and so ordered. (5-0)

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) Economic Development Analyst Harumi Murata presented the staff report and PowerPoint presentation.

Councilmember Higgins inquired if people previously purchased cards if they can purchase again. She expressed she likes buy one, get one free, but has trouble finding her balance. She inquired if there is an 800 number.

Ms. Murata responded that login to an account is the primary way to check the balance.

Councilmember Williams inquired if participating businesses have provided feedback and if she is using that data to attract businesses slower to adopt the program.

Ms. Murata responded there has been positive feedback from the 23 businesses participating and she is using the data to attract more businesses to the program with the goal of 50 businesses eventually participating.

James Gearing provided public comment. He inquired if the program is funded by the City and encouraged shopping in Oakley.

Mayor Pope explained the program if funded with federal ARPA funds.

It was moved by Councilmember Higgins and seconded by Councilmember Fuller to adopt the resolution. Motion was unanimous and so ordered. (5-0) 41 Before moving to hear item 5.4, the Mayor returned to hear item 1.6 as Steve Burdo was now in attendance.

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)
City Manager Joshua McMurray presented the staff report.

Francine Lumperis expressed concern that they were not notified of the affordable housing units.

Ray Serna expressed concern regarding the affordable housing decreasing surrounding home values, increasing traffic and that the homes do not fit in with the neighborhood. He mentioned they have high density already with apartments at Teakwood and Main and senior housing; they need homes to match. He indicated they do not want this.

Dana Tsubota with Yellow Roof Foundation (YRF) provided an overview of what they do and intend to do with these lots, explaining they find surplus land and with donations of time, talent and materials, they build at a lower cost. She mentioned they offer fixed rent at 30% of income level of the occupant and it is not high density.

She shared they have a similar completed project in Pittsburg and it houses a teacher, security guard and city administrator; people who had hard times in the past and are getting back on their feet; their stay is for a limited time to help bridge that gap.

Councilmember Higgins inquired if YRF manages the properties.

Ms. Tsubota explained YRF manages the property and helps occupants set up bank accounts and gain access to financial training.

Councilmember Williams commented she is surprised at some pushback and inquired how they select occupants and what happens if occupants don’t leave after the 3-year lease term.

Ms. Tsubota responded they work with local community partners, applications are submitted and reviewed as received with standard qualifications, they are building multiple projects, and they follow the law regarding rentals.

Mayor Pope requested staff address notification of the project. He inquired if there are any age restrictions and about any increase in traffic/speed of traffic.

Mr. McMurray explained it is not a project yet and therefore does not require noticing, but DeNova will provide notification when construction begins. He mentioned there 42 are no age restrictions; however, they could direct coordinating such for the need of the community. He also mentioned the properties are zoned residential and the General Plan and Zoning assume there are homes on the lots; 3 units have nominal peak hour trips so there is no impact. He added the City has a traffic calming program to address speed, accessible on the City’s website.

Mayor Pope inquired if a third unit ADU could be added to each parcel, commenting that the property is dense already.

Ms. Tsubota indicated the plans are drawn for only 2 units per lot.

Gerry Schwartz inquired if residents were invited to the initial meeting involving discussions of these affordable housing units and if it is a done deal or if further work group discussions can be provided. He expressed the units are not good for the neighborhood.

Mr. McMurray explained there was a public City Council meeting on July 12, 2022, where the item was addressed.

Mayor Pope explained these parcels are surplus property and when not used for a City purpose, by law, the City has to offer it to certain purposes, i.e., affordable housing, as in this situation. He added they are only discussing the purchase and sale agreement at this time.

Ms. Tsubota explained the value of the homes will still be comparable to those in the neighborhood; just because they are building them at lower cost does not mean they will not have comparable value and there is no evidence to suggest it will lower home values as appraisals look at the home, not the use.

City Attorney Derek Cole explained that surplus property has to be offered for affordable housing and it could have been a situation of a more traditional affordable housing project that was proposed and the City’s hands would be tied, but this is a superior product to what could have been. He further explained the City cannot offer to the market unless it is first offered for affordable housing and if the City doesn’t offer it, it can be subject to significant penalties.

Councilmember Williams inquired if this is a fair offer and if once the homes are built if the appraisal value comes in.

Mr. McMurray explained the City has discretion on price and it looks for community partners when they sell properties. He mentioned moderate/above housing is fine in the City, but low-income has been harder to come by and this offers an alternative to apartments; it will be managed and maintained by a well-respected company in this region. He mentioned the land plus improvements will be calculated for value and he expects it will the same if not higher of existing surrounding homes. 43 Councilmember Williams inquired if the City does not proceed with this if someone else could develop it for Section 8 housing.

Mr. McMurray responded that is a possibility.

Councilmember Fuller commented it is a good, solid project and he doesn’t want to see people put into a separate area because other people don’t want it in their neighborhood. He indicated to move it forward.

Vice Mayor Meadows supported it and indicated in his opinion, home values will not be affected.

Mayor Pope expressed support indicating he is in favor of private programs as opposed to bureaucratic government programs and he likes the homes rather than apartments. He mentioned the City’s hands are tied to offer it for affordable housing and if people do not like that, they need to let their state representatives know.

It was moved by Councilmember Williams and seconded by Councilmember Williams to adopt the resolution approving the Purchase and Sale Agreement. Motion was unanimous and so ordered. (5-0)

5.5 4th Quarter Budget Update (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report.

Councilmember Higgins inquired if the City receives revenue from County pools and if gas is still the highest tax.

Mr. Przybyla responded that the City receives a share of sales tax revenue and gas is still the highest tax.

No public comments were submitted.

It was moved by Vice Mayor Meadows and seconded by Councilmember Fuller to accept the update. Motion was unanimous and so ordered. (5-0) Mayor Pope called for a brief recess at 8:12 p.m. The City Council reconvened at 8:17 p.m.

5.6 Adopt a Resolution Establishing a Proclamation Policy (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.

City Attorney Derek Cole explained the Establishment Clause and that the City cannot promote religion but can recognize service arms for non-religious services provided.
44 Mayor Pope indicated “Mormon Helping Hands” has been updated to “Helping Hands”.

Councilmember Fuller requested Juneteenth added to the list.

Councilmember Higgins expressed she likes standard proclamations that outline the month, then if requested, have the Mayor approve.

Mayor Pope explained the difference between a proclamation and resolution. He mentioned the pre-approved list streamlines the process.

Mayor Pope and Councilmember Fuller exchanged words regarding items that are controversial versus non-controversial.

Mr. Cole clarified the action before the Council is 1) to adopt a proclamation policy or not, and 2) approve the existing list or modify.

Mr. McMurray indicated staff looked at best practices of other cities and wants to bring something that will work for Oakley; if the Council wants staff to research further, they can.

Councilmember Fuller provided a list of items to add and remove.

It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the proclamation policy. AYES: Higgins, Meadows, Pope, Williams. NOES:

Fuller. (4-1)
Vice Mayor Meadows commented he has no issue with additions made by Councilmember Fuller.

Mayor Pope commented he had no issue with items added.

It was moved by Councilmember Fuller and seconded by Councilmember Williams to approve the list with the changes Councilmember Fuller submitted.

Mayor Pope commented he agrees with the removal of “Mormon” from “Helping Hands”.

Councilmember Fuller commented he can live with that.

Vice Mayor Meadows requested 100th birthdays to remain on the list.

Mr. Cole clarified that the motion has been amended to include “Helping Hands Day” and 100th birthday recognition to remain on the list.
45 Councilmember Fuller commented he is okay with that if a person is not required to attend in person to receive it.

Motion was unanimous and so ordered. (5-0)

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced the Fishing Derby to be held Saturday, Movie in the Plaza on 8/27, Friday Night Bites on 9/2, and the Heart of Oakley Festival on 9/24.

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
Councilmember Williams reported she is now the Board Chair for Tri-Delta Transit, on 9/12 Tri-Delta will go to full service, she provided information regarding Try My Ride, she mentioned there has been a delay with PG&E regarding the park and ride, Pass to Class is offered for free bus passes to every student in households, a hydrogen fueling station is upcoming, 15 additional drivers are needed, and CEO Jeanne Krieg is retiring and a new CEO will be appointed.

Councilmember Higgins announced she will attend a conference in Seattle on October 8, the 6th Annual Out of Darkness Walk will be held October 1, 9am-12pm, and a health resource fair including a blood drive will be held October 15 at St.

Anthony, 9am-3pm.

Vice Mayor Meadows reported he attended a Transplan meeting 3 weeks ago and will attend another Transplan meeting Thursday.
(b) Requests for Future Agendas
Councilmember Higgins requested the Municipal Code be changed to no longer allow oil and gas drilling. Councilmember Williams supported it.

Councilmember Higgins also requested disc golf parks and pickleball courts in Oakley. Councilmember Williams supported it.
46 Councilmember Fuller mentioned the oil and gas item will be addressed in the work session. He inquired if it is necessary to bring up as a future agenda item.

Mr. McMurray mentioned during the work session, staff will obtain feedback from the Council and they can accomplish the item in discussion.

7.WORK SESSIONS

7.1 Work Session on Oil and Gas Drilling (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report.

Mike Moore, a 2016 Oakley Leadership Academy Graduate, researched oil and gas wells in Oakley as part of a Leadership project. He commented that there is no need to allow oil and gas drilling in Oakley as there are 96 oil and gas wells in Oakley and 95 of those are plugged or abandoned. He provided background information when the wells were producing and when they stopped.

Tatiana Torres urged the Council to ban oil and gas drilling and prevent any future drilling in the County. She referred to rigs near Heritage High School and the decline it has had on property values, negative impact on the environment, and associated health concerns.

Rohan Tyagi urged the Council to ban oil and gas drilling and encourage the County to do the same. He mentioned the County lacks awareness of the impact on 39,000 people within 2.5 miles of sites. He referred to the climate action plan and high asthma rates in East Contra Costa County. He mentioned Los Angeles County has a 5-year phase out plan. He suggested change starts here.

Ian Cohen urged the Council to ban oil and gas drilling and encourage the County to do the same for the safety and well being of families and students within 2.5 miles of drilling.

Mrs. Moore commented that she didn’t know there was gas all around and she has developed allergies due to pollution. She pleaded the Council consider making the air clearer.

Justin Brown requested the Council consider banning oil and gas drilling within the City.

An online public comment was submitted by Sinziana Todor urging the Council to encourage the County to shut down current gas and oil drilling and ban future gas and oil drilling for public health and safety.
47 An online public comment was submitted by Marjaneh Moini, MD and Amanda Millstein, MD encouraging the City and County to ban gas and oil drilling for public health and safety.

Councilmember Fuller inquired if the City would be liable to landowners for losing minerals from their land if the City bans oil and gas drilling.

City Attorney Derek Cole responded that a State Supreme Court decision is expected next year regarding Monterey County. He explained the state preempts local government from banning the activity. He mentioned if the Council wishes to regulate, it could have a moratorium up to two years and see how the court decision unfolds, then adopt a permanent ordinance consistent with the court decision. He added that the City is not responsible for mineral rights of property owners; the City is a regulatory body. He mentioned he understands there are no active operations, and none in the past two years. He explained the Council is not afoul of Constitutional limitations if it decides to have a moratorium.

Vice Mayor Meadows commented he has not seen oil and gas in Oakley in his life, but rather natural gas as most people heat their homes with it. He expressed concern if a problem even exists in Oakley for the Council to take action.

Mr. Strelo commented in his 15 years as a staff member, he has received no applications.

Councilmember Higgins suggested if there is no problem, then there is no harm to ban it and send a letter to the County.

Councilmember Williams and Councilmember Fuller exchanged words regarding a comment made by Councilmember Williams regarding time spent on discussion of items.

Councilmember Williams commented the topic is worthy for the future of families and they should move forward to improve air quality and put pressure on the County.

Mayor Pope expressed concern regarding banning something that hasn’t been replaced yet with an alternative. He suggested a 500-foot setback as with other sensitive uses. He inquired if wells can be reactivated.

Mr. Strelo responded staff would need to research to respond.

Mayor Pope commented that he wants to know what it means to have a well “capped”—if the land can be used in perpetuity. He mentioned with the energy crisis, the timing is wrong; there needs to be an energy replacement first. He also mentioned the County has other issues having the biggest refinery in the state.

Councilmember Fuller spoke to 9/11/01 and how fuel was needed to keep military aircraft in the air on standby to defend this country. He mentioned the state has 48 expertise what to do with oil drilling; however, the City should change its ordinance because as it stands now, operations are allowed and new operations could come in.

He mentioned he would like to have the court decision before an ordinance is brought forth.

Councilmember Higgins commented that Brentwood has a moratorium, they can look at the state says, not open capped wells, consider a buffer zone or ban it, and revisit the Municipal Code.

Councilmember Williams commented she supports a buffer zone within a 500-foot distance from buildings and she doesn’t think a new operation would come in to drill because they wouldn’t have surface rights.

Mayor Pope suggested 500 foot+ buffer from buildings and other structures plus concealment.

Mr. McMurray commented that at least 3 Councilmembers have expressed staff should look at the Municipal Code and provide distance between drilling and structures. He inquired if there is consensus on a moratorium.

Councilmembers Higgins and Williams responded they support a moratorium.

Mayor Pope expressed he does not support it.

Councilmember Fuller expressed he can live with a moratorium but wants a date certain when it will come back for a permanent ordinance to be considered.

Mr. McMurray indicated staff will look at the current ordinance and bring something back to Council.

8.CLOSED SESSION
Mayor Pope announced the closed session items.

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
49 9.ADJOURN
There being no further business, the meeting was adjourned at 11:48 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
50 Date: August 10, 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 SEPTEMBER 13, 2022 Background and Analysis
The City Council considered the following closed session item during its regular meeting held August 9, 2022:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATORS-Labor Negotiations with the City Manager Pursuant to Government Code Section 54957.6(a)
City Designated Representatives: Randy Pope, Mayor; Aaron Meadows, Vice Mayor; and Derek Cole, City Attorney
Unrepresented Employee: City Manager
Direction was provided to staff and there was no reportable action for both items.

Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.

MEMORANDUM
Office of the City Attorney
51 STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to City Council:

Joshua McMurray, City Manager
Date: September 13, 2022
To: Joshua McMurray, City Manager
From: Kevin Rohani, Public Works Director/City Engineer SUBJECT: Annexation No. 33 (Elm Lane Apartments) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On June 10, 2021, the City Council approved a development plan with certain Conditions of Approval for the proposed project of a 170-unit affordable/workforce housing project. The proposed project consists of seven multi-family housing apartment buildings with associated parking, lighting, and landscaping as shown on the project plans dated April 22, 2021. The Elm Lane Apartments project, located between Elm Lane and Highway 160, is comprised of Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03).

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

Prior to tonight’s City Council meeting, the property owner for Elm Lane Apartments executed the attached Unanimous Approval Form. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2015-2 including the subsequent annual levy of special taxes to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.

Fiscal Impact
52 There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their project to CFD No. 2015-2. The FY 2022-23 special tax rates per multi-family unit are as follows:

Therefore, successful annexation of the Elm Lane Apartments project into CFD 2015- 2 could provide up to $49,579 (in FY 2022-23 dollars) in revenue annually when all units are constructed. The taxes will be collected on the property tax rolls commencing in FY 2023-24.

Recommendation
The conditions of approval for Elm Lane Apartments require the property owner to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommends that the City Council:

1. Adopt a Resolution Approving the Annexation (Annexation No. 33) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Conclusion
Staff recommends that the City Council adopt the Resolution Approving the Annexation (Annexation No. 33) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).

FY 2022-23 Maximum Special Tax Rates per Multi-Family Unit Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $78.65
Community Parks Maintenance Tax $173.69
Streetlighting Maintenance Tax $34.30
Neighborhood Parks & Landscape Maintenance Tax $0.00
Stormwater/Water Quality Maintenance Tax $5.00
Total $291.64
53 Attachments

1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); a. Exhibit A: Description of Services;
b. Exhibit B: Cost Estimate; and
c. Exhibit C: Supplement to the Rate and Method of
Apportionment of Special Tax – Tax Zone No. 30.

2. Resolution Approving the Annexation (Annexation No. 33) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services);

3. Map – Annexation No. 33 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); and

4. Amendment No. 33 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
54 UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 33 – Tax Zone No. 30

September 13, 2022
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

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

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

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

3. Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services.

The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 30” attached hereto as Exhibit C and 55 -2-
made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.

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

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

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

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

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

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

Parcel Description: Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03).

Acres: 6.43 acres
56 -3-
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. 33 - Tax Zone No. 30
Record Owner:

Elm Lane Oakley, L.P.
a California limited partnership
By: PacH Anton South Holdings, LLC,
a California limited liability company
its Managing General Partner
By: Pacific Housing, Inc.,
a California nonprofit public benefit
corporation,
its Manager
By: ______________________
Mark A. Wiese
President
By: Anton-AMREV Oakley, LLC,
a California limited liability company
its Administrative General Partner
By: Anton DevCo, Inc.,
a California corporation,
its Manager
By: ______________________
Rachel Green
Director of Development Services
57 Exhibit A

EXHIBIT A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2022-23 Dollars)
FY 2022-23
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $13,371
Community Parks Maintenance Tax $29,527
Streetlighting Maintenance Tax $5,831
Neighborhood Parks & Landscape Maintenance Tax $0
Stormwater/Water Quality Maintenance Tax $850
Total $49,579
60 Exhibit C

EXHIBIT C

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

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 30
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 33 will be annexed to Tax Zone No. 30 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with 61 Exhibit C

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

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

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

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

For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. 65 Exhibit C

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

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

In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map. 66 Exhibit C

C. MAXIMUM SPECIAL TAXES

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

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $157.30 per Parcel Regional Park Maintenance Tax Condominium Parcel $117.97 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $78.65 per Unit Regional Park Maintenance Tax Non-Residential Parcel $471.90 per Acre Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,042.10 per Acre Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $205.75 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $10.00 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $7.50 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $5.00 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $132.19 per Acre Table 1: Developed Property
FY 2022-23
Maximum
Tax
67 Exhibit C

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

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $471.90 per Acre Regional Park Maintenance Tax Condominium Parcel $353.92 per Acre Regional Park Maintenance Tax Multi-Family Parcel $235.95 per Acre Regional Park Maintenance Tax Non-Residential Parcel $235.95 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,042.10 per Acre Community Parks Maintenance Tax Condominium Parcel $781.58 per Acre Community Parks Maintenance Tax Multi-Family Parcel $521.06 per Acre Community Parks Maintenance Tax Non-Residential Parcel $521.06 per Acre Streetlighting Maintenance Tax Single-Family Parcel $205.75 per Acre Streetlighting Maintenance Tax Condominium Parcel $154.31 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $102.88 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $102.88 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $132.19 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $132.19 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $132.19 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $132.19 per Acre Maximum
Table 2: Undeveloped Property
FY 2022-23
Tax
68 Exhibit C

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

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

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

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

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

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

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

I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
70 Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE ANNEXATION (ANNEXATION NO. 33) OF PROPERTY LOCATED IN THE

FUTURE ANNEXATION AREA OF

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

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

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

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

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

WHEREAS, the owner (the “Property Owner”) of Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03) located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.

WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 71 Resolution No. XX-22 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

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

2. Approval of Annexation. The City Council hereby determines that Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03) is annexed into Tax Zone No. 30 of the CFD.

3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03) is added to the CFD.

4. Boundaries Described. The revised boundaries of the CFD including Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03) are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.

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

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

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
______ _____
Libby Vreonis, City Clerk Date
72 CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA

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

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 33 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

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

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

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
SHEET 1 OF 2

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

STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

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

NOTE:
_______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 33 - TAX ZONE NO. 30
SEE SHEET 2
ANNEXATION MAP No. 33 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
PARCEL A OF LOT LINE ADJUSTMENT FOR 5301 ELM LANE,
OAKLEY, CA DATED JANUARY 14, 2022 (LLA 21-03).
73 ±
SHEET 2 OF 2
Parcel A of Lot Line Adjustment
for 5301 Elm Lane, Oakley, CA
dated January 14, 2022 (LLA 21-03)
Main Street
N
e
r
oly
R
o
a
d
Elm Lane
HWY
1 60
0 100 200
Feet
Legend
CFD No. 2015-2 Annexation Area No. 33
City of Oakley Boundary
Parcel Lines
Annexation No. 33 - Tax Zone No. 30
(Elm Lane Apartments)
ANNEXATION MAP No. 33 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 74 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 33 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 33 - Tax Zone No. 30
(Elm Lane Apartments)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.

This Amendment No. 33 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15-234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 33 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2022, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.

The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in 75 2
accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.

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

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 33 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

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

Dated: As of _____________, 2022
By:

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

EXHIBIT A

CITY OF
OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 33 – Tax Zone No. 30

PARCEL DESCRIPTION AND OWNER OF LAND WITHIN
ANNEXATION NO. 33 – TAX ZONE NO. 30
Parcel Description Name(s) of Property Owner(s)
Parcel A of Lot Line
Adjustment for 5301 Elm
Lane, Oakley, CA dated
January 14, 2022 (LLA 21-
03).

ELM LANE OAKLEY, L.P.
77 Exhibit B

EXHIBIT B

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

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 30
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 33 will be annexed to Tax Zone No. 30 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special 78 Exhibit B

Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 79 Exhibit B

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

“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. 81 Exhibit B

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

For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable 82 Exhibit B

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

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

In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final 83 Exhibit B

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

C. MAXIMUM SPECIAL TAXES

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

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

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $157.30 per Parcel Regional Park Maintenance Tax Condominium Parcel $117.97 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $78.65 per Unit Regional Park Maintenance Tax Non-Residential Parcel $471.90 per Acre Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,042.10 per Acre Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $205.75 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $10.00 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $7.50 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $5.00 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $132.19 per Acre Table 1: Developed Property
FY 2022-23
Maximum
Tax
84 Exhibit B

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $471.90 per Acre Regional Park Maintenance Tax Condominium Parcel $353.92 per Acre Regional Park Maintenance Tax Multi-Family Parcel $235.95 per Acre Regional Park Maintenance Tax Non-Residential Parcel $235.95 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,042.10 per Acre Community Parks Maintenance Tax Condominium Parcel $781.58 per Acre Community Parks Maintenance Tax Multi-Family Parcel $521.06 per Acre Community Parks Maintenance Tax Non-Residential Parcel $521.06 per Acre Streetlighting Maintenance Tax Single-Family Parcel $205.75 per Acre Streetlighting Maintenance Tax Condominium Parcel $154.31 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $102.88 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $102.88 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $0.00 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $132.19 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $132.19 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $132.19 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $132.19 per Acre Maximum
Table 2: Undeveloped Property
FY 2022-23
Tax
85 Exhibit B

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

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

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

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

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

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

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

I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
87 STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Ratify Election: Adopt Ordinance No. 07-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 184 within the Oakley Special Police Tax Area for Police Protection Services for the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street (APN 037-040-021) Background and Analysis
On February 8, 2022, the City Council adopted a resolution with certain Conditions of Approval approving the Design Review (DR 05-21) and Conditional Use Permit (CUP 2-21) for the Wendy’s project. The proposed 0.76-acre project consists of one 2,331 square-foot restaurant including dine in and drive-through service with associated parking, lighting, and landscaping improvements. The Wendy’s project, located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street, is comprised of APN 037-040-021.

The Conditions of Approval for the Wendy’s project require the property owner to mitigate the financial impact that their project has on the City’s police services budget. The City of Oakley previously formed the Oakley Special Police Tax Area District that authorizes the levy of an annual special tax on parcels to mitigate their financial impact to the City’s police services budget. The property owner for the Wendy’s project has requested that the City assist with annexing the project (APN 037-040-021) into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.

On July 12, 2022, the City Council introduced Ordinance No. 07-22 which would authorize a special tax for police services within Zone 184 subject to property owner voter approval. On August 12, 2022, the City Clerk conducted the property owner election. There was one (1) ballot issued to the property owner representing the Wendy’s project (APN 037-040-021). The City Clerk tabulated the property owner ballot and the property owner was in favor of annexing into the Oakley Special Police Tax Area as Zone 184.
88 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 184 to the Oakley Special Police Tax Area. The FY 2022-23 special tax rate for “Drive-in Restaurants” parcels is $1,846.10/parcel (FY 2022-23 rates). Therefore, successful creation of the Zone is expected to provide up to $1,846.10 (in FY 2022-23 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2023-

24. Recommended Action
Staff recommends that the City Council ratify the election and adopt Ordinance No. 07- 22 authorizing the levy of a special tax on parcels of land within Tax Area Zone 184 within the Oakley Special Police Tax Area for Police Protection Services for the Wendy’s project located approximately 295 feet east of the northeast intersection of Bridgehead Road and Main Street (APN 037-040-021).

Attachments
1) One (1) Signed Ballot
2) Ordinance No. 07-22
a. Exhibit A – Boundary Map for Police Tax Area Zone 184 b. Exhibit B – Tax Rate Schedule for Fiscal Year 2022-23 89 90
Ordinance No. 07-22 Page 1 of 4
ORDINANCE NO. 07-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 184 WITHIN THE

OAKLEY SPECIAL POLICE TAX AREA FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE WENDY’S PROJECT LOCATED
APPROXIMATELY 295 FEET EAST OF THE INTERSECTION OF BRIDGEHEAD ROAD AND MAIN STREET (APN 037-040-021)
The Voters of the City of Oakley do ordain as follows:

Section 1. Purpose, Intent and Authority.

It is the purpose and intent of this Ordinance to authorize the levy of a special tax on Assessor Parcel Number 037-040-021 of real property on the secured property tax roll of Contra Costa County that is within Oakley Special Police Tax Area Zone 184 of the Oakley Special Police Tax Area in order to provide funding for police protection to serve the property and persons within said Zone.

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

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 184.

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

Section 2. Definitions.

The following definitions shall apply throughout this Ordinance.

A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services for the City of Oakley's cost of obtaining police services. The base amount shall be the 91 Ordinance No. 07-22 Page 2 of 4
amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.

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

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

D. Oakley Special Police Tax Area Zone 184 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.

E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 184, nor any land or improvements owned by any governmental entity.

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

Section 3. Amount and Level of Taxes.

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

A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
92 Ordinance No. 07-22 Page 3 of 4
B. For Subsequent Fiscal Year:

The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2023 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

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

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

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

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

B. Collection.

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

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
93 Ordinance No. 07-22 Page 4 of 4
Section 5. Severability Clause.

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

Section 6. Effective Date and Posting.

This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on August 12, 2022, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ______
Libby Vreonis, City Clerk Date
94 Main St
APN
037-040-021
B
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a
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R
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 184

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
±
0 100
Feet
Legend
Zone 184 Boundary
Parcel Lines
95 PROPERTY USE

CODE CATEGORY DESCRIPTION
FY21/22 TAX

PER PARCEL
FY22/23 TAX

PER PARCEL
11 Single Family Residence – 1res., 1 site $1,172.12 $1,230.73 12 Single Family Residence – 1 res., 2 or more sites $1,172.12 $1,230.73 13 Single Family Residence – 2 res., on 1 or more sites $1,875.39 $1,969.17 14 Single Family Residence – other than single fam. Land $1,172.12 $1,230.73 15 Misc. Improvements – 1 site $1,172.12 $1,230.73
16 Misc. Improvements – 2 or more sites $1,172.12 $1,230.73 17 Vacant – 1 site $586.06 $615.37
18 Vacant – 2 or more sites $586.06 $615.37
19 Single Family Residence – Det. W/common area $1,172.12 $1,230.73 20 Vacant – Multiple $586.06 $615.37
21 Duplex $1,875.39 $1,969.17
22 Triplex $2,813.09 $2,953.75
23 Fourplex $3,750.78 $3,938.34
24 Combinations $1,172.12 $1,230.73
25 Apartments (5 –12 Units) $4,688.48 $4,922.92
26 Apartments (13 – 24 Units) $12,190.05 $12,799.59
27 Apartments (25 – 59 Units) $23,442.40 $24,614.60
28 Apartments (60+ units) $56,261.76 $59,075.04
29 Attached PUDs: Cluster Homes, Condos, etc. $1,172.12 $1,230.73 30 Vacant – Commercial $586.06 $615.37
31 Commercial Stores – Not Supermarkets $2,344.24 $2,461.46 32 Small Grocery Stores – (7-11, etc.) $3,516.36 $3,692.19 33 Office Buildings $2,344.24 $2,461.46
34 Medical, Dental $2,344.24 $2,461.46
35 Service Stations, Car Wash $2,344.24 $2,461.46
36 Garages $2,344.24 $2,461.46
37 Community Facilities (Recreational, etc.) $4,688.48 $4,922.92 38 Golf Courses $2,344.24 $2,461.46
39 Bowling Alleys $1,172.12 $1,230.73
40 Boat Harbors $2,930.30 $3,076.83
41 Supermarkets – (not shopping centers) $3,516.36 $3,692.19 42 Shopping Centers $4,688.48 $4,922.92
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,172.12 $1,230.73 44 Motels, Hotels & Mobile Home Parks $5,860.60 $6,153.65 45 Theaters $2,637.27 $2,769.14
46 Drive-in Restaurants $1,758.18 $1,846.10
47 Restaurants $1,758.18 $1,846.10
48 Multiple & Commercial $1,758.18 $1,846.10
49 New Car Agencies $1,758.18 $1,846.10
50 Vacant Land (not part of Ind. Park or P. & D.) $439.55 $461.52 51 Industrial Park $3,516.36 $3,692.19
52 Research & Development $1,758.18 $1,846.10
53 Light Industrial $1,758.18 $1,846.10
54 Heavy Industrial $1,758.18 $1,846.10
55 Mini Warehouses (public storage) $3,516.36 $3,692.19 56 Misc. Improvements $3,516.36 $3,692.19
61 Rural, Res., Improvement 1A-10A $879.09 $923.05
62 Rural, w/or w/o structure 1A-10A $879.09 $923.05
70 Convalescent Hospitals / Rest Homes $1,758.18 $1,846.10 73 Hospitals $1,758.18 $1,846.10
74 Cemeteries / Mortuaries $1,758.18 $1,846.10
75 Fraternal & Service Organizations $1,758.18 $1,846.10 76 Retirement Housing Complex $5,860.60 $6,153.65
78 Parks & Playgrounds $3,516.36 $3,692.19
85 Public & Private Parking $1,758.18 $1,846.10
87 Common Area $1,758.18 $1,846.10
88 Mobile Homes $879.09 $923.05
89 Other (split parcels in different tax code areas) $879.09 $923.05 99 Homeowner's Association Owned Common Areas $703.27 $738.44

CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2021-22 in the San Francisco-Oakland-Bay Area Consumer Price 5.00% Index for all Urban Consumers.

CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2022/2023
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

6/1/2022
96 STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Ratify Election: Adopt Ordinance No. 08-22 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 185 within the Oakley Special Police Tax Area for Police Protection Services for the Elm Lane Apartments project
Background and Analysis
On June 10, 2021, the City Council approved a development plan with certain Conditions of Approval for the proposed project of a 170-unit affordable/workforce housing project. The proposed project consists of seven multi-family housing apartment buildings with associated parking, lighting, and landscaping as shown on the project plans dated April 22, 2021. The Elm Lane Apartments project, located between Elm Lane and Highway 160, is comprised of Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022 (LLA 21-03).

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

On July 12, 2022, the City Council introduced Ordinance No. 08-22 which would authorize a special tax for police services within Zone 185 subject to property owner voter approval. On August 12, 2022, the City Clerk conducted the property owner election. There was one (1) ballot issued to the property owner representing Elm Lane Apartments. The City Clerk tabulated the property owner ballot and the property owner was in favor of annexing into the Oakley Special Police Tax Area as Zone 185. 97 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space and Finance and Fiscal Responsibility section goals.

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 185 to the Oakley Special Police Tax Area. The FY 2022-23 special tax rate for Apartment (60+units) parcels is $59,075.04/parcel. (FY 2022-23 rates). Therefore, successful creation of the Zone is expected to provide up to $59,075.04 (in FY 2022-23 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2023-

24. Recommended Action
Staff recommends that the City Council ratify the election and adopt Ordinance No. 08- 22 authorizing the levy of a special tax on parcels of land within Tax Area Zone 185 within the Oakley Special Police Tax Area for Police Protection Services for the Elm Lane Apartments project located between Elm Lane and Highway 160.

Attachments
1) One (1) Signed Ballot
2) Ordinance No. 08-22
a. Exhibit A – Boundary Map for Police Tax Area Zone 185 b. Exhibit B – Tax Rate Schedule for Fiscal Year 2022-23 98 99
Ordinance No. 08-22 Page 1 of 4
ORDINANCE NO. 08-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 185 WITHIN THE

OAKLEY SPECIAL POLICE TAX AREA FOR A SPECIAL TAX FOR POLICE

PROTECTION SERVICES FOR THE ELM LANE APARTMENTS PROJECT LOCATED BETWEEN ELM LANE AND HIGHWAY 160
The Voters of the City of Oakley do ordain as follows:

Section 1. Purpose, Intent and Authority.

It is the purpose and intent of this Ordinance to authorize the levy of a special tax on Parcel A of Lot Line Adjustment for 5301 Elm Lane, Oakley, CA dated January 14, 2022, of real property on the secured property tax roll of Contra Costa County that is within Oakley Special Police Tax Area Zone 185 of the Oakley Special Police Tax Area in order to provide funding for police protection to serve the property and persons within said Zone.

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

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 185.

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

Section 2. Definitions.

The following definitions shall apply throughout this Ordinance.

A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services 100
Ordinance No. 08-22 Page 2 of 4
for the City of Oakley's cost of obtaining police services. The base amount shall be the amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.

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

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

D. Oakley Special Police Tax Area Zone 185 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.

E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 185, nor any land or improvements owned by any governmental entity.

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

Section 3. Amount and Level of Taxes.

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

A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
101
Ordinance No. 08-22 Page 3 of 4
B. For Subsequent Fiscal Year:

The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2023 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

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

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

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

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

B. Collection.

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

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
102
Ordinance No. 08-22 Page 4 of 4
Section 5. Severability Clause.

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

Section 6. Effective Date and Posting.

This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on August 12, 2022 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.

PASSED, APPROVED AND ADOPTED this 13th day of Septebmer, 2022, by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
103

MAIN ST
N
E
R
O
LY
R
D

ELM LANE
Parcel A of Lot Line Adjustment
for 5301 Elm Lane, Oakley, CA
dated January 14, 2022 (LLA 21-03)
HWY
1 60

EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA ZONE 185

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
±
0 500
Feet
Legend
Zone 185 Boundary
Parcel Lines

ELM LANE APARTMENTS
104

PROPERTY USE

CODE CATEGORY DESCRIPTION
FY21/22 TAX

PER PARCEL
FY22/23 TAX

PER PARCEL
11 Single Family Residence – 1res., 1 site $1,172.12 $1,230.73 12 Single Family Residence – 1 res., 2 or more sites $1,172.12 $1,230.73 13 Single Family Residence – 2 res., on 1 or more sites $1,875.39 $1,969.17 14 Single Family Residence – other than single fam. Land $1,172.12 $1,230.73 15 Misc. Improvements – 1 site $1,172.12 $1,230.73
16 Misc. Improvements – 2 or more sites $1,172.12 $1,230.73 17 Vacant – 1 site $586.06 $615.37
18 Vacant – 2 or more sites $586.06 $615.37
19 Single Family Residence – Det. W/common area $1,172.12 $1,230.73 20 Vacant – Multiple $586.06 $615.37
21 Duplex $1,875.39 $1,969.17
22 Triplex $2,813.09 $2,953.75
23 Fourplex $3,750.78 $3,938.34
24 Combinations $1,172.12 $1,230.73
25 Apartments (5 –12 Units) $4,688.48 $4,922.92
26 Apartments (13 – 24 Units) $12,190.05 $12,799.59
27 Apartments (25 – 59 Units) $23,442.40 $24,614.60
28 Apartments (60+ units) $56,261.76 $59,075.04
29 Attached PUDs: Cluster Homes, Condos, etc. $1,172.12 $1,230.73 30 Vacant – Commercial $586.06 $615.37
31 Commercial Stores – Not Supermarkets $2,344.24 $2,461.46 32 Small Grocery Stores – (7-11, etc.) $3,516.36 $3,692.19 33 Office Buildings $2,344.24 $2,461.46
34 Medical, Dental $2,344.24 $2,461.46
35 Service Stations, Car Wash $2,344.24 $2,461.46
36 Garages $2,344.24 $2,461.46
37 Community Facilities (Recreational, etc.) $4,688.48 $4,922.92 38 Golf Courses $2,344.24 $2,461.46
39 Bowling Alleys $1,172.12 $1,230.73
40 Boat Harbors $2,930.30 $3,076.83
41 Supermarkets – (not shopping centers) $3,516.36 $3,692.19 42 Shopping Centers $4,688.48 $4,922.92
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,172.12 $1,230.73 44 Motels, Hotels & Mobile Home Parks $5,860.60 $6,153.65 45 Theaters $2,637.27 $2,769.14
46 Drive-in Restaurants $1,758.18 $1,846.10
47 Restaurants $1,758.18 $1,846.10
48 Multiple & Commercial $1,758.18 $1,846.10
49 New Car Agencies $1,758.18 $1,846.10
50 Vacant Land (not part of Ind. Park or P. & D.) $439.55 $461.52 51 Industrial Park $3,516.36 $3,692.19
52 Research & Development $1,758.18 $1,846.10
53 Light Industrial $1,758.18 $1,846.10
54 Heavy Industrial $1,758.18 $1,846.10
55 Mini Warehouses (public storage) $3,516.36 $3,692.19 56 Misc. Improvements $3,516.36 $3,692.19
61 Rural, Res., Improvement 1A-10A $879.09 $923.05
62 Rural, w/or w/o structure 1A-10A $879.09 $923.05
70 Convalescent Hospitals / Rest Homes $1,758.18 $1,846.10 73 Hospitals $1,758.18 $1,846.10
74 Cemeteries / Mortuaries $1,758.18 $1,846.10
75 Fraternal & Service Organizations $1,758.18 $1,846.10 76 Retirement Housing Complex $5,860.60 $6,153.65
78 Parks & Playgrounds $3,516.36 $3,692.19
85 Public & Private Parking $1,758.18 $1,846.10
87 Common Area $1,758.18 $1,846.10
88 Mobile Homes $879.09 $923.05
89 Other (split parcels in different tax code areas) $879.09 $923.05 99 Homeowner's Association Owned Common Areas $703.27 $738.44

CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2021-22 in the San Francisco-Oakland-Bay Area Consumer Price 5.00% Index for all Urban Consumers.

CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2022/2023
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

6/1/2022
105
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Award of Construction Contract to Sun Light & Power for the construction of the City Hall Rooftop Solar Power Project – Capital Improvement Project (CIP) Number 286
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

Staff investigated the qualifications of various firms in the commercial solar power business operating in this region and determined that Sun Light & Power is best suited for our project.

This firm has extensive experience in commercial solar power system design and installation and have been selected to perform rooftop solar system design and installation for the ACE Hardware right across Main Street and the new Elm Lane Workforce Apartment Complex near Neroly Road.

In preparation of the City Hall Rooftop Solar Power Project, the design team undertook a detailed analysis of electricity usage history for City Hall. It was found, from PG&E records and invoices, that the City Hall consumes about 273,000 kWh per year. The next step was to evaluate the best layout of solar panel placements on multiple City Hall roof tops.

It was determined that the East, West, and South pitched tile roof areas and the usable portion of the flat roof could accommodate a 172.8 kW solar system, producing 255,000 kWh in the first year. The design team evaluated a larger solar system requiring installation of solar panels on canopies in the parking lot. That option would have added considerable cost to construction, and was determined to not be economically prudent, both short and long term.

The solar power system as proposed is best suited for the City Hall building which will offset 93% of electricity use at City Hall. The prosed project includes extended inverter warranties (20 years) and six annual cleanings of the solar panels.

STAFF REPORT
Approved and Forwarded to the City Council
106
The financial analysis and assumptions on this project are very conservative. For instance, we assign PG&E a price escalation rate of 3% per year. If PG&E were to get their way, the increase will be over 20% next year and we have averaged about a 5% increase annually for the last decade. The bottom line is at about $48,500 in savings in the first year of operation, increasing each year. The internal Rate-of-Return exceeds 14%, even with those conservative assumptions, without any associated risk.

The new Inflation Reduction Act of 2022 that was passed by the U.S. Congress provides rebates for adoption of solar systems even for municipalities without tax liability. It is estimated that the City will receive a 30% rebate on this project, approximately $165,000 once the bill is fully implemented. If received, that rebate will go back into the Public Facilities Impact Fees Fund, which is funding this $549,517 project.

It is anticipated that the construction of this project will be completed by spring 2023 and will commence with cost savings on the electricity expense for the City.

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

Fiscal Impact
The approval of this resolution is expected to generate about $48,500 in savings for the General Fund in its first year of operations, increasing each year thereafter. The FY 2022/23 budget has allocated $550,000 of funding from Public Facilities Impact Fees, which will fully fund this construction project.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the construction agreement with Sun Light & Power for an amount not to exceed $549,517 and authorizing the City Manager to execute the agreement.

Attachments
1) Resolution
2) Proposal
107
Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

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

AN AGREEMENT WITH SUN LIGHT & POWER FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT (CIP) NUMBER 286 – CITY HALL ROOFTOP

SOLAR POWER PROJECT
WHEREAS, amongst the Goals and Priorities of the City Council is an environmentally friendly and sustainable organization and to enhance environmental stewardship; and WHEREAS, one element that promotes that approach is using solar power to generate electricity for City Hall buildings and reduce the City’s carbon footprint; and WHEREAS, staff after review of solar system firms, selected Sun Light & Power as best suited for this project; and
WHEREAS, Sun Light & Power submitted the lowest responsible bid proposal for a total cost of $549,517 for the work; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Bid Proposal with Sun Light & Power for City Hall Rooftop Solar Power – CIP 286, for an amount not to exceed $549,517 is approved, and the City Manager is hereby authorized to execute it into an Agreement.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
______
Libby Vreonis, City Clerk Date
108
Prepared For
City of Oakley
Sun Light & Power has provided
exceptional customer experience for well
over 40 years to those seeking solar
solutions in California. We have served a
broad range of commercial and non-profit
clients encompassing new construction and
retrofit projects for office and industrial
sites. We have completed over 2,000
installations for many sectors, including
400+ multifamily housing developments,
food service businesses, schools, places of
worship, manufacturing facilities, non-profit
organizations, government buildings, hotels,
car dealerships and more. Over 85% of our
business is referral or repeat business, a
testament to the value we place on
relationships we have built over time with
our revered customers.

We are a Certified B Corporation, and a
California Benefit Corporation, as well as an
Alameda County Green Business. We are
licensed (#326203) and NABCEP Certified.

City Hall Rooftop Solar Power Project,
CIP No. 286
Prepared By
Tim McKeever
415-271-8089
[email protected]
8/23/2022
109
1035 FOLGER AVENUE, BERKELEY, CA 94710
TEL 510.845.2997 FAX 510.845.1133
SUNLIGHTANDPOWER.COM LIC. 326203
Solar Proposal – Oakley City Hall
3231 Main St. Oakley, CA 94561
Contact: Kevin Rohani – Director of Public Works
Tim Przybyla – Finance Director
Stated Project Goal: To lower Oakley City Hall’s operational expenses with the adoption of solar power.

To set an example for the community in adopting renewable energy.

Project Qualifications: Sun Light & Power has continuously operated as a solar thermal and PV contractor for 45 years in Northern California. We have experience in public, private, and non-profit sectors. We install for residential and commercial customers. We primarily install rooftop systems, but also can also provide carport, ground mount, and other specialty solutions. We build new construction and retrofit projects, with a special focus on multifamily housing, especially low-income, senior, and workforce housing. We are currently bidding to install on the new apartments being built by Anton Construction in Oakley on Elm Street. SLP operates as an employee-owned certified California B-Corp, striving to provide the best in materials and service while always considering our own environmental impacts and adhering to governance and social best practices.

Project Proposal Summary: We propose adding solar power to the best available roof spaces on the Oakley City Hall Building. This would include the East, South, and West facing sloped roof planes, and a portion of the central flat roof. The system would be approximately 173 kW, providing 255,000 kWh per year and offsetting 93% of the meter’s consumption and 70% of the power cost. This update takes into account PG&E’s recently implemented rate increase. It does not include the anticipated 15-20% increase they have proposed for 2023.

Project Financing: Financing was discussed, but with the impending passage of the Inflation Reduction Act and its new provision for municipalities to be able to take advantage of the 30% tax credit through direct pay (refund), it was decided payment from the capital budget was best for the city. Details are still to be determined, but the direct pay refund should be approximately $165,000.

Tim McKeever
Commercial Project Developer
[email protected]
415-271-8089
110
PROJECT:

SHEET #:

SHEET TITLE:

THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF SUN LIGHT AND POWER AND ITS POSSESSION DOES NOT CONSTITUTE ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS OR TO MANUFACTURE, USE, OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN PERMISSION BY SUN LIGHT AND POWER IS FORBIDDEN.

DATE: 2022-08-11 SITE:

SCALED FOR 11X17
1035 FOLGER AVE, BERKELEY CA 94710
PH 510.845.2997 FX 510.845.1133 3231 MAIN ST OAKLEY, CA MAIN ST, 3231, OAKLEY (CITY HALL) PROJECT DEVELOPER: TM
DRAWN BY: MK
ET.1A
B
A
C
D
E
F
1 2 3 4 5 6 7 8
1 2 3 4 5 6 7 8
B
A
C
D
E
F

PHOTOVOLTAIC
SYSTEM

PLAN - PHOTOVOLTAIC SYSTEM PRELIMINARY LAYOUT
1/32" = 1'
1 NOT FOR

CONSTRUCTION

PHOTOVOLTAIC
MODULE, TYP.

N
4:12, 5° tilt
180°
PHOTOVOLTAIC SYSTEM DESCRIPTION:
(384) ET 450 MODULES
USING (1) P1101 OPTIMIZER FOR EVERY (2) MODULES
(1) SOLAREDGE SE 100KUS INVERTER
(1) SOLAREDGE SE 40KUS INVERTER
172.800 kW STC
4:12
270°
4:12
90°

SYSTEM SHOWN REQUIRES A CA FIRE CODE VARIANCE

APPROVAL FOR ARRAYS ON THE PITCHED ROOFS
111
Project Summary
Payment Options Cash Purchase
IRR - Term 14.7%
LCOE PV Generation $0.062 /kWh
Net Present Value $600,372
Payback Period 7.0 Years
Total Payments $549,517
Total Incentives $164,855
Net Payments $384,662
Electric Bill Savings - Year 1 $48,867
Electric Bill Savings - Term $1,963,831
Upfront Payment $549,517
Combined Solar PV Rating
Power Rating: 172,800 W-DC
Power Rating: 151,665 W-AC-CEC
Cumulative Energy Costs By Payment Option
Year 0 Year 3 Year 6 Year 9 Year 12 Year 15 Year 18 Year 21 Year 24 $0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
Cumulative Energy Costs
Avoided Utility Cost Cash Purchase
Prepared By: Tim McKeever
P: 415-271-8089, E: [email protected]
112
2 2.1 PV System Details Project Details City Hall B-10
General Information
Facility: City Hall B-10
Address: 3231 Main St Oakley CA 94561
Solar PV Equipment Description
Solar
Panels: (384) ET Solar ET-M672BH450
Inverters: (1) SolarEdge SE40KUS (2021), (1) SolarEdge
SE100KUS (2022)
Solar PV Equipment Typical Lifespan
Solar Panels: Greater than 30 Years
Inverters: 20 Years
Solar PV System Cost and Incentives
Solar PV System Cost $549,517
Direct pay - 30% ITC -$164,855
Net Solar PV System Cost $384,662
Solar PV System Rating
Power Rating: 172,800 W-DC
Power Rating: 151,665 W-AC-CEC
Energy Consumption Mix
Annual Energy Use: 272,777 kWh
Utility 17,900 kWh (6.56%)
Solar PV 254,877 kWh (93.44%)
Monthly Energy Use vs Solar Generation
1/18 - 2/182/18 - 3/183/18 - 4/184/18 - 5/185/18 - 6/186/18 - 7/187/18 - 8/188/18 - 9/18 9/18 - 10/18
10/18 - 11/1811/18 - 12/18
12/18 - 1/18
5,000
10,000
15,000
20,000
25,000
30,000
35,000
Energy (kWh)
Energy Use (kWh) Solar Generation (kWh)
Prepared By: Tim McKeever
P: 415-271-8089, E: [email protected]
113
Rebates and Incentives
This section summarizes all incentives available for this project. The actual rebate and incentive amounts for this project are shown in each example.

The Inflation Reduction Act of 2022 contains a "direct pay" provision that enables certain tax-exempt customers, including state and local government, to receive a direct cash payment in lieu of an investment tax credit (ITC).

Entities that install solar photovoltaic (PV) systems are eligible to receive a tax credit in the amount of 30% of the total PV system cost.

Total Incentive Value: $164,855
Prepared By: Tim McKeever
P: 415-271-8089, E: [email protected]
114
Utility Rates
Current Electric Bill
The table below shows your annual electricity costs based on the most current utility rates and your previous 12 months of electrical usage.

Rate Schedule: MCE - B10
Time Periods Energy Use (kWh) Max Demand (kW) Charges
Bill Ranges & Seasons Peak Part Peak Off Peak Super Off Peak NC / Max Other NBC Energy Demand Total 1/18/2021 - 2/18/2021 W1 3,976 - 15,451 - 47 $183 $461 $3,094 $797 $4,536 2/18/2021 - 3/18/2021 W1 / W2 3,605 - 11,034 2,744 47 $165 $413 $2,683 $770 $4,031 3/18/2021 - 4/18/2021 W2 4,478 - 10,669 4,753 52 $183 $473 $3,030 $882 $4,568 4/18/2021 - 5/18/2021 W2 5,677 - 11,537 5,570 76 $177 $541 $3,482 $1,289 $5,490 5/18/2021 - 6/18/2021 W2 / S 6,948 2,928 13,858 2,632 104 $183 $626 $4,722 $1,519 $7,051 6/18/2021 - 7/18/2021 S 7,343 5,158 14,884 - 89 $177 $650 $5,419 $1,509 $7,756 7/18/2021 - 8/18/2021 S 7,919 5,736 16,190 - 91 $183 $709 $5,902 $1,543 $8,337 8/18/2021 - 9/18/2021 S 6,977 5,043 14,836 - 90 $183 $638 $5,295 $1,526 $7,643 9/18/2021 - 10/18/2021 S / W1 5,417 2,034 14,373 - 73 $177 $518 $3,889 $1,113 $5,698 10/18/2021 - 11/18/2021 W1 4,447 - 16,016 - 56 $183 $486 $3,267 $950 $4,886 11/18/2021 - 12/18/2021 W1 4,114 - 15,434 - 44 $177 $464 $3,117 $746 $4,505 12/18/2021 - 1/18/2022 W1 4,427 - 16,570 - 48 $183 $499 $3,349 $814 $4,845 Total 65,328 20,899 170,852 15,699 - $2,157 $6,478 $47,250 $13,460 $69,346 The table below shows the rates associate with your current utility rate schedule (B10). Your estimated electric bills after solar are shown on the following page.

Customer Charges Energy Charges Demand Charges
Season Charge
Type
Rate
Type B10 Season Charge Type RateType B10 Season ChargeType Rate
Type B10
S Flat Rate per day $5.91 S Peak Import $0.27691 S Flat Rate Import $16.96 W1 Flat Rate per day $5.91 S Part Peak Import $0.22291 W1 Flat Rate Import $16.96 W2 Flat Rate per day $5.91 S Off Peak Import $0.19391 W2 Flat Rate Import $16.96 W1 Peak Import $0.20769
W1 Off Peak Import $0.17669
W2 Peak Import $0.20769
W2 Off Peak Import $0.17669
W2 Super Off Peak Import $0.14469
Prepared By: Tim McKeever
P: 415-271-8089, E: [email protected]
115
New Electric Bill
Annual Electricity Savings: $48,867
Rate Schedule: MCE - B10
Time Periods Energy Use (kWh) Max Demand (kW) Charges
Bill Ranges & Seasons Peak Part Peak Off Peak Super Off Peak NC / Max Other NBC Energy Demand Total 1/18/2021 - 2/18/2021 W1 3,408 - 4,721 - 45 $183 $300 $1,349 $762 $2,594 2/18/2021 - 3/18/2021 W1 / W2 2,379 - 3,765 -2,175 42 $165 $248 $750 $706 $1,870 3/18/2021 - 4/18/2021 W2 816 - 4,914 -6,907 43 $183 $242 $66 $728 $1,220 4/18/2021 - 5/18/2021 W2 26 - 2,816 -9,829 61 $177 $224 $753 $1,028 $676 5/18/2021 - 6/18/2021 W2 / S 302 -1,053 -1,134 -4,433 72 $183 $242 $888 $1,112 $650 6/18/2021 - 7/18/2021 S 714 -1,795 -3,475 - 61 $177 $245 $768 $1,035 $689 7/18/2021 - 8/18/2021 S 1,560 -1,394 -2,228 - 67 $183 $282 $262 $1,128 $1,331 8/18/2021 - 9/18/2021 S 2,170 -1,452 -1,736 - 67 $183 $282 $35 $1,135 $1,564 9/18/2021 - 10/18/2021 S / W1 2,518 -356 -1,368 - 54 $177 $261 $281 $860 $1,579 10/18/2021 - 11/18/2021 W1 3,335 - 1,838 - 48 $183 $285 $895 $807 $2,170 11/18/2021 - 12/18/2021 W1 3,944 - 6,110 - 43 $177 $324 $1,660 $734 $2,896 12/18/2021 - 1/18/2022 W1 4,149 - 7,749 - 45 $183 $355 $1,948 $755 $3,241 Total 25,321 -6,050 21,972 -23,344 - $2,157 $3,290 $4,244 $10,788 $20,479 Prepared By: Tim McKeever
P: 415-271-8089, E: [email protected]
116
3 Cash Flow Analysis
Cash Purchase
Assumptions and Key Financial Metrics
IRR - 10 Year 7.0% IRR - 20 Year 13.8% IRR - Term 14.7% Net Present Value $600,372 Payback Period 7.0 Years ROI 280.3% PV Degradation Rate 0.25% Discount Rate 5.0% Energy Cost Escalation Rate 4.0% Federal Income Tax Rate 21.0% State Income Tax Rate 8.8% Total Project Costs $549,517 Years Project
Costs
O&M / Equipment
Replacement
Direct pay -
30% ITC
Electric Bill
Savings
State Tax
Effect
Federal Tax
Effect
Total Cash
Flow
Cumulative
Cash Flow
Upfront -$549,517 - - - - - -$549,517 -$549,517
1 - - $164,855 $48,867 - - $213,722 -$335,795
2 - - - $50,694 - - $50,694 -$285,101
3 - - - $52,590 - - $52,590 -$232,511
4 - - - $54,556 - - $54,556 -$177,955
5 - - - $56,595 - - $56,595 -$121,359
6 - - - $58,711 - - $58,711 -$62,649
7 - - - $60,904 - - $60,904 -$1,744
8 - -$1,500 - $63,180 - - $61,680 $59,936
9 - -$1,530 - $65,540 - - $64,010 $123,945
10 - -$1,561 - $67,988 - - $66,427 $190,372
11 - -$1,592 - $70,526 - - $68,934 $259,307
12 - -$1,624 - $73,159 - - $71,536 $330,843
13 - -$1,656 - $75,890 - - $74,234 $405,076
14 - -$1,689 - $78,722 - - $77,033 $482,109
15 - -$1,723 - $81,660 - - $79,937 $562,046
16 - -$1,757 - $84,706 - - $82,948 $644,994
17 - -$1,793 - $87,865 - - $86,073 $731,067
18 - -$1,828 - $91,142 - - $89,313 $820,381
19 - -$1,865 - $94,540 - - $92,675 $913,056
20 - -$1,902 - $98,064 - - $96,162 $1,009,218
21 - -$8,940 - $101,719 - - $92,779 $1,101,997
22 - -$1,979 - $105,510 - - $103,530 $1,205,527
23 - -$2,019 - $109,441 - - $107,422 $1,312,949
24 - -$2,059 - $113,517 - - $111,458 $1,424,407
25 - -$2,100 - $117,745 - - $115,644 $1,540,051
Totals: -$549,517 -$39,118 $164,855 $1,963,831 - - $1,540,051 - Prepared By: Tim McKeever
P: 415-271-8089, E: [email protected]
117
8/23/22, 8:33 AM Preview
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SCOPE OF WORK
08/23/2022
Kevin Rohani
3231 Main St Oakley CA
Oakley CA 94561
RE: Photovoltaic System for City of Oakley located at 3231 Main St Oakley CA Option: Main St, 3231, Oakley (Oakley City Hall) - ET 450 Sun Light & Power proposes to perform the solar portion of the work at the above-referenced project in accordance with the following clarification of scope.

DC System size: 173.25 kW Peak.

System Price: $
Estimated Federal Tax Credit (direct pay provision): $
Total System Cost to Customer: $
549,517
164,855
384,662
SECTION A: Materials

1. (385) 450 watt modules

2. (2) Inverters, 1 SolarEdge, SE40K-US04IBNZ4: 40000W, 480VAC, 3-ph and 1 SE100K-US:
100000W, 480VAC, 3-ph with extended warranty (20 years)

3. (193) DC-to-DC Converters

4. (1) Cellular Data Acquisition System

5. (1) SL&P Racking system and BOS
SECTION B: Inclusions:

1. Design all system components to meet standard code requirements.

2. Provide and install galvanized steel posts and waterproofing.

3. Provide and install flush mount attachments.

4. Install the galvanized steel pipe sub-structure with mounting rails using stainless steel hardware.

5. Provide and install mounting rails on the mounting brackets using stainless steel hardware.

6. Provide and install the modules on the racking systems.

7. The Inverters and related equipment will be installed on the exterior wall.

8. Provide and install a Panel PV on the exterior wall.

9. Provide and install all AC and DC wire and conduit for the designed system as noted in the assumptions.

10. Coordinate with the system owner to identify a (reasonable) location for the AC Disconnect that meets all requirements.

11. Provide and install a utility required Solar AC Disconnect for the (1) interconnection.

12. Provide and install (1) line side solar point of interconnection.

13. Manage materials using a(n) Gradall - 40 '.

14. Commission the system; Coordinate all utility and local permit inspections.

15. Provide and install a cellular enabled Data Acquisition System (DAS) to monitor the PV system production.

16. (10) years of workmanship and manufacturer's warranty for equipment. Plus Proactive Monitoring (SLP notification to client when system production is off) and monthly performance reports.

17. (6) annual solar array cleanings by Solar Klean or another approved provider.

18. Provide, install, and maintain SLP signage for the duration of the project. 118
8/23/22, 8:33 AM Preview
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SECTION C: Special Exclusions:

1. In addition to the general exclusions described in the Commercial Terms and Conditions, SLP’s Scope of Work excludes the following “Special Exclusions".

2. Delays due to weather or any force majeure.

3. Any costs or work caused by unforeseen conditions or obstacles, including underground conduit, sewer, rocks, and similar.

4. SLP requires clear space for landing materials and installing equipment. Moving other's materials and equipment is excluded. If re-mobilization is required, additional charges may apply.

5. Delays due to hazardous materials found on site.

6. Unusual or extreme labor and/or materials supply constraints, other changes in law/ Force Majeure.

7. Delays due to other contractors on site and their related work.

8. Any ground or underground related work.

9. Walking pads, slip-sheets, roof repair and all other roofing-related materials.

10. All structural engineering, structural upgrades, including any structural upgrades, such as blocking, that may be required for the system installation.

11. Demolition, relocation and/or removal of equipment and material from roof by others.

12. All work to remove, replace or repair any concealed or unmarked existing conduits, piping, or other building components that are affected by installation of the system.

13. All concealed conduit, including attic and in-wall conduit, unless otherwise noted.

14. Relisting of electrical equipment.

15. Core drilling, similar methods, or long conduit detours for passing through the necessary walls.

16. Painting of electrical equipment, conduits, or any other surfaces unless otherwise noted.

17. Any consumption or building load monitoring.

18. All permits related to street closure, lifting, flagging, and similar if required by the AHJ.

19. All zoning, utility shutdown fees, fireproofing, sound mitigation, hazardous material testing and remediation, unless otherwise noted.

20. Mandatory union and prevailing wage rate increases.

21. Any energy storage.

22. Bond costs.

23. Guarantees of specific utility rates, tariffs, time-of-use periods, and/or associated utility savings.

Project enrollment under Net Energy Metering (NEM 2.0) is not guaranteed.

24. Any special inspections or related coordination.

25. Additional costs of materials greater than 3% annually or cost of labor greater than 1.5% annually will trigger an equitable repricing.

26. All other materials and installation except those listed under "Inclusions" above are excluded.

SECTION D: Assumptions:

1. The permit fees do not exceed the California Solar Permit mandate of $1,862.75.

2. Two weeks notice will be provided to SLP when work is required outside of normal operating hours including Fridays.

3. The existing roof structure(s) is sufficient to support the additional loads due to the photovoltaic system.

4. SLP's optimized design and layout approved by the local fire authority and AHJ.

5. The existing parapet walls are a minimum of 42" tall to provide safe working conditions.

6. The roof structure allows for a 5/16ths inch lag for the attachment points.

7. The roofing warranty will not be voided by adding the solar attachment points.

8. The sloped roof is concrete tile style and does not include spanish tile.

9. One mobilization for installing the roof attachments and one mobilization for loading all additional solar materials. If additional mobilizations are required, remobilization charges will apply.

10. This project includes one mobilization for the delivery and/or lifting of materials to work site. If required, additional mobilizations may incur additional cost.

11. All required conduit is surface mounted and easily accessible, unless otherwise noted.

12. The roof level conduit will run along the roof surface and racking and down the exterior of the building before entering the electrical room.

13. The system interconnection voltage is 208V 3-phase Wye.

14. The existing switchgear, without upgrade and as provided, allows for a NEC compliant solar point of interconnection.

15. Sufficient room exists in the electrical room for the inverters.

16. Sufficient room exists in the electrical room for the AC Disconnect. 119
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17. The AHJ does not require DC shunt disconnects for the DC conductors.

18. Aluminum wire may be used at SLP's sole discretion on this project.

19. Sufficient cellular service is available at the DAS location for the monitoring system.

20. AC Disconnect must remain accessible to PG&E 24 hours a day, 7 days a week.

21. Parking will be provided for SLP vehicles on or adjacent to work site.

22. Phasing is not required to install the solar system. Phasing requirements by the client may incur additional charges.

23. Owner/GC to provide restroom access for the duration of project.

24. Sufficient space is made available during construction along the building for the lifting equipment to lift materials as needed.

25. For the purposes of any SLP-provided financial analysis and any SLP-provided Warranty, the “first year” begins when "Permission To Operate" letter is issued by the local utility.

26. Union labor is not required for this project.

27. Labor rates are assumed to be Prevailing Wages.

28. SLP may at its option substitute comparable or better materials and/or equipment for those specified in this Contract.

29. Escalation of material cost is included in contract price at a rate of 13% for modules, 10% for steel, and 10% for wire annually and assumes a 2023 Q1 delivery. Delays or increases in material costs beyond assumed escalation rate may result in price increase.

30. This offer is valid for 30 days.

SECTION F: Allowances

1. $11,250.00 - Allowance for waterproofing of the (90) attachment points of the flat-roof PV system.

2. $4,000.00 - Allowance for replacing broken tiles due to work performed. 120

KEY FEATURES
ET-M672BH430TW/TB 430W
ET-M672BH435TW/TB 435W
ET-M672BH440TW/TB 440W
ET-M672BH445TW/TB 445W
ET-M672BH450TW/TB 450W
M/ET-PD-EN-EU2020V3
Enhanced safety by excellent fire resistance
Cut cell, Less internal power loss, Less mismatch loss
Lower operating temperature, more reliable
Perfect for sandy, snowy and high latitude regions
Bifacial technology enables additional energy harvesting from rear side(up to 25%)

PERC BIFACIAL

PV MODULE

LINEAR PERFORMANCE WARRANTY
0 97.50%

95.50%

95.50% 92.00%

92.00%

83.00% 83.00%
100.0%
1 5 12 30
Additional value from ET Solar's linear warranty
ET Solar Mono Module
Linear Performance Warranty
Standard Module
Performance Warranty

ET SOLAR
[email protected]
12 YEARS
Guarantee on product
material and workmanship 30
YEARS
linear power
output warranty
121
Three Phase Inverter
with Synergy Technology
For the 277/480V Grid for North America
SE80KUS / SE100KUS / SE110KUS / SE120KUS
Powered by unique pre-commissioning process for rapid system installation Pre-commissioning feature for automated validation
of system components and wiring during the site
installation process and prior to grid connection
Easy 2-person installation with lightweight, modular
design (each inverter consists of 2 or 3 Synergy
units and one Synergy Manager)
Independent operation of each Synergy unit enables
higher uptime and easy serviceability
Built-in thermal sensors detect faulty wiring
ensuring enhanced protection and safety
*Applicable only for DC and AC SPDs
solaredge.com
Built-in arc fault protection and rapid shutdown
Built-inPIDmitigation for maximized system
performance
Monitored* and field-replaceable surge protection
devices, to better withstand surges caused by lightning or other events
Built-in module-level monitoring with Ethernet or
cellular communication for full system visibilityINVERTERS 12-20
YEAR

WARRANTY
122
DATE: September 13, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Authorize the City Manager to Enter into a one-year Agreement with Townsend Public Affairs, Inc. for On-Call Grant Writing Services ______________________________________________________________________ Background and Analysis
The City has historically used several firms for grant finding and grant writing activities to seek appropriate grant funding for various projects and activities. Since April of 2018 we have been using Sylvir Consulting Inc., to help with grant research and ultimately grant submittal. Our current arrangement has worked for us in the past but there are several services we are no longer receiving and after an analysis of what we should be receiving, Staff decided to issue a Request for Proposals (RFP) to see what other firms could assist the City. The City issued the RFP on June 21, 2022 and we let the submission period run through July 13, 2022. We received four proposals, in no particular order, from: Littleberry Press, Even Brooks Associates, Inc., Blais & Associates, LLC and Townsend Public Affairs, Inc. After a thorough review by several key City Staff including the City Manager, Community Development Director and Public Works Director, Staff is recommending Townsend Public Affairs, Inc.

The firm practices a full-service approach to working with its clients, starting with a needs assessment, and then bringing grant opportunities to the City for review. The firm provides grant writing and submission services (assisted by City Staff), and when grants are awarded, they assist in administering the grant, as well as in post-grant administration work. Taking an active role through the entire process is intended to not only find, win and properly administer grants, but to also ensure the client develops a good working relationship with the Grantor, and that the grantor is encouraged to consider the City for future grants. The full scope of the services offered to the City will be found in Option 1 on Page 26 of the attached proposal.

Townsend Public Affairs, Inc. business model is one where for a fixed monthly fee over a year long contract, there are no limits on the number of grants they'll pursue,

STAFF REPORT
Approved and Forwarded to the City Council
123
lobby, and help administer for the City. If approved, Staff will use this next year to evaluate the service.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with several areas of the Oakley Strategic Plan 27+. Specifically, grant writing is mentioned in the Community Health and Safety Goal, the Parks and Open Space Goal, the Finance and Fiscal Responsibility Goal, and the Sustainable Organization Goal. Hiring an experienced firm will help augment City Staff and our ability to seek out grants and be more competitive in our applications.

Fiscal Impact
The total cost of the attached contract is for $5,000 a month or $60,000 a year. The funding for this contract is proposed to come out of the $457,662 Contingency budget.

Staff Recommendation
Staff recommends the Council authorize the City Manager to enter into the attached one-year contract with Townsend Public Affairs, Inc. Staff also recommends that the City Council approve the amendment to the Fiscal Year 2022/2023 Budget to utilize $60,000 of the Contingency line item in the General Fund’s Non-Departmental budget to increase the Consulting budget line item in the City Manager’s Office budget to cover this cost.

Attachments

1. Townsend Public Affairs, Inc. Proposal

2. Draft Resolution

3. Contract
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Proposal for On-Call Grant Writing Services | City of Oakley Page 1 Table of Contents
Proposal for
On-Call Grant Writing Services
July 13, 2022
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TABLE OF CONTENTS
Table of Contents.......................................................................................................................................1 Cover Letter................................................................................................................................2 Background Information..............................................................................................................3 Scope of Services/Approach Overview .....................................................................................19 Cost Proposal ...........................................................................................................................26 Examples of Work.....................................................................................................................28 126
Proposal for On-Call Grant Writing Services | City of Oakley Page 2 July 13, 2022
City of Oakley
3231 Main Street
Oakley, CA 94561
Dear :

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for On-Call Grant Writing Services to the City of Oakley (“City”).

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.3 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Oakley.

Yours truly,
Christopher Townsend
President
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BACKGROUND INFORMATION
TPA is a state and federal grant writing and legislative advocacy firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law • Funding Success: Over $2.3 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 24 years (founded in 1998)
• Number of Employees: 16
• Number of Registered State and Federal Lobbyists and Grant Writers: 13 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 6
th of 486 Firms Registered for 2021-22 Legislative Session o 99
th Percentile
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BACKGROUND INFORMATION

GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.

These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

Policy Sector State Funding Federal Funding All Sources Water and Sanitation $126.6 Million $8.7 Million $135.3 Million Transportation $568.7 Million $131.1 Million $699.8 Million Education $248.0 Million $46.8Million $294.8 Million
Parks and Recreation $154.7 Million $30.1 Million $184.85 Million Cultural Resources $120.0 Million $10.3 Million $130.3 Million Housing and
Development $694.8 Million $11.8 Million $706.6 Million Public Safety $106.5 Million $66.7 Million $173.2 Million TOTAL $2.019 Billion $305.5 Million $2.325 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT

FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
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BACKGROUND INFORMATION
FY 2021-22 STATE BUDGET EARMARKS
This table provides an overview of the budget earmarks that TPA secured on behalf of our clients in the State Budget for FY 2021-22. TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with Members of the Assembly and Senate (and their staff), the Budget Committees, the Governor’s Administration, and other key stakeholders to ensure our client projects were included in the final official budget.

Client Name Project Amount
Awarded
City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000
City of Fremont Mission Blvd Interchange Modernization Project $7,200,000 City of Fullerton Hunt Library Restoration $2,750,000
Homelessness Recuperative Center $4,000,000
City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward Hayward Navigation Center $662,000
South Hayward Youth Family Center Project $1,000,000
City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland Oakland Fund for Public Innovation for the California Entrepreneurship Capital in the
Community Initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project $10,000,000
Port of Oakland Freight and Passenger Infrastructure
Enhancements
$280,000,000
City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000 City of San Pablo Alternative Policing and Mental Health Program $2,000,000 City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science
Foundation
Discovery Cube of Orange County Re-Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re-opening
Operating Expenses
$2,600,000
North Orange County Public
Safety Task Force
North Orange County Public Safety and Homelessness
Task Force Program Extension
$7,800,000
TOTAL FY 2021-22 STATE BUDGET EARMARKS $377,715,020
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BACKGROUND INFORMATION
FY 2020-21 STATE BUDGET EARMARKS
Due to COVID, there were no budget earmarks in the FY 2020-21 State Budget.

FY 2019-20 STATE BUDGET EARMARKS
This table provides an overview of the budget earmarks that TPA secured on behalf of our clients in the State Budget for FY 2019-20. TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with Members of the Assembly and Senate (and their staff), the Budget Committees, the Governor’s Administration, and other key stakeholders to ensure our client projects were included in the final official budget.

Client Name Project Amount
Awarded
City of Agoura Hills Stormwater Treatment Project $1,000,000 City of Avalon Underground Fuel Tank Removal and Replacement $500,000 City of Buena Park Historical Facilities Renovations $500,000 City of Costa Mesa Lions Community Park $1,000,000
City of Dinuba Water Well Replacement $1,000,000
City of Huntington Beach Multi-Use Blufftop Path $1,700,000 City of Laguna Beach Laguna Canyon Road Fuel Modification $1,000 City of Oakland Public Safety Projects $4,000,000
Bus Services $1,000,000
City of Selma Storm Drain, Storage, and Recharge $1,500,000 Discovery Cube of
Los Angeles Natural Resources Pavilion $5,000,000
Discovery Cube of
Orange County Property Acquisition/Parking Structure $10,000,0000 East Contra Costa Fire
Protection District
Equipment, Vehicles, and Facilities
Acquisitions and Improvements $500,000
North County Transit District Del Mar Bluffs Stabilization Project $6,130,000 Tri Valley Cities Coalition Dublin Sports Grounds All-Abilities Playground $1,400,000 TOTAL FY 2019-20 STATE BUDGET EARMARKS $36,230,000

CUMULATIVE TOTAL STATE BUDGET EARMARKS
FOR FY 2019-20 AND FY 2021-22:
$413,945,020
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BACKGROUND INFORMATION
FY 2021-22 FEDERAL APPROPRIATIONS EARMARKS
This table provides an overview of the appropriations earmarks that TPA secured on behalf of our clients in the Federal Appropriations legislation for FY 2021-22. TPA strategized with our clients to identify priority projects and transform them into appropriations requests. TPA then worked closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President’s administration, and other key stakeholders to ensure our client projects were included in the final appropriations legislation.

Client Name Project Amount
Awarded
Amity Foundation Mother's Hub Residence $2,838,521
Cities of Anaheim, Brea,
Buena Park, Fullerton,
Stanton, Placentia
North Orange County Public Safety and Homelessness
Task Force $5,000,000
Cities of Dublin, Livermore,
and Pleasanton AXIS Mental Health Urgent Care $450,000
City of Agoura Hills Community Center $1,000,000
City of Beaumont Pennsylvania Avenue Widening $1,500,000 City of Berkeley African American Holistic Resource Center $1,000,000 City of Brea Tracks at Brea Extension $2,000,000
City of Chino Hills Open Space Fuel Reduction $565,000
City of El Monte MacLaren Community Park Project $1,500,000 City of Emeryville Contaminated Remediation for Housing $2,000,000 City of Hesperia Maple Avenue Street Improvements $2,000,000 City of Huntington Beach Sand Mitigation $15,500,000
Mobile Crisis Response Program $500,000
City of Murrieta Homeless Outreach Services Funding $500,000 City of Oakland Mental Health Resilience Project $1,230,000 Mental Health Resilience Project $734,000
Broadway - Bus and Pedestrian Safety $2,000,000
Violence Prevention Project $200,000
City of Placentia Golden Avenue Bridge $2,200,000
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BACKGROUND INFORMATION
City of San Ramon Iron Horse Trail Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing $2,000,000
City of Santa Clara City of Santa Clara De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects $2,725,000
City of Stanton Orangewood Parkette $850,000
Discovery Cube of
Orange County
Land Acquisition and Development for Sustainability
Festival $2,000,000
East Contra Costa Fire
Protection District Fire Station $1,500,000
Guadalupe Union School
District LeRoy Park $1,700,000
North County Transit District Hydrogen Fuel Cell Electric Bus Station $1,717,836 Rancho Santiago
Community College District RSCCD Digital Access Consortium $2,000,000 Town of Danville Danville Townwide Traffic Signal Modernization $1,000,000 Iron Horse Trail Bridge, Nature Park, and Pedestrian
Safety Project $350,000
Yorba Linda Water District Heli-Hydrant $500,000
TOTAL FY 2021-22 FEDERAL APPROPRIATIONS EARMARKS $59,060,357

TOTAL FEDERAL APPROPRIATIONS EARMARKS
FOR FY 2021-22:
$59,060,357
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BACKGROUND INFORMATION

CLIENT SERVICE TEAM
With a team of 14 registered state and federal grant writers, TPA has the breadth and depth of experience AND the ability to deploy as many grant writers as needed to maximize success for the City while minimizing the burden on City staff. TPA will rely on City staff to provide technical project information, budget details, and project timeline information as appropriate. TPA is prepared to draft all briefing materials, funding requests, and grant applications.

The project manager, Grants Manager Alex Gibbs, will oversee the proposed team for the project to ensure the proposed work for this project is within the time limits of the grant program, considering the team’s current workload. TPA Associate Anastasia Heaton will assist in grant writing and drafting technical narrative, while providing support to Alex and working directly with the City on the grant application. The team will be supported by TPA Vice President Niccolo De Luca and Associate Carly Shelby, who will work with the Grant Writing Team to provide feedback, identify funding opportunities, and ensure that all funding avenues, including legislative and regulatory, are explored.

The proposed team will also be supported by an additional nine (9) TPA grant writers. TPA President Christopher Townsend will personally engage in the project to adjust internal workloads in order to ensure quality control of all deliverables.

The proposed team for this engagement will be structured in the following way. Resumes for each member of the proposed project team can be found on the following pages.

Alex Gibbs
Grants Manager
Grant Writer
Carly Shelby
Associate
Funding Advocate
Anastasia Heaton
Associate
Grant Writer
Niccolo De Luca
Vice President
Funding Advocate
Christopher Townsend
President
Strategic Advisor
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BACKGROUND INFORMATION
Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations.

Townsend Public Affairs, Inc.

President 1998-Present
Christopher provides leadership to a team of 14 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include:
• Under Christopher’s leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a “top ten” firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm.
• Under Christopher’s leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom. • Christopher and his team have secured over $2.3 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety. • Maintains close bi-partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Torres, Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, Desaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim. • Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68 and 84. Most recently, Christopher worked closely with the State Legislature and the Governor’s office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68.
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BACKGROUND INFORMATION
• In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker’s Commission on State and Local Government Finance. • In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission.

PepsiCo/Taco Bell Corp., Irvine, CA
Senior Director, Government & Community Affairs 1992-1998 Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation.

Stein-Brief Group, Inc., Dana Point, CA
Vice President, Public Affairs 1982-1992
Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities.

Christopher provided land-use planning and entitlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use.

Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives.

JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991
Claremont McKenna College, Claremont, CA
Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982 Coro Fellow
Southern California 1981
Harry S Truman Scholar
California 1980
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BACKGROUND INFORMATION
Alex Gibbs, Grant Manager and Project Manager: Alex brings ten years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations.

Townsend Public Affairs, Inc.

Grants Manager 2014-Present
During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise on parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff, as well as various state departments and agencies. Some of his accomplishments include:
• Alex worked closely with the City of Oakland staff to secure $10,801,183 in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City’s legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakland conduct the Courtland Creek Restoration Project, as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents.
• Alex led a team of Kern County staff through the application process to secure $6,515,000 in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much needed renovations to an existing park in the community of Lamont, despite grant program guidelines which provided preferences for the construction of new parks.
• Alex collaborated with state Natural Resources Agency staff to secure a $3,086,000 Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project, that had been years in the making. • Alex worked jointly with the City of South San Francisco to secure a $868,000 grant from the Active Transportation Program (ATP). Alex leveraged relationships with the California Department of Transportation and coordinated among local business stakeholders and school officials to craft a competitive grant application to the statewide ATP. This funding helped the City with their Linden and Spruce Avenue Traffic Calming Improvement Project to construct major traffic calming improvements to ensure bike and pedestrian safety at crucial intersections to residential and commercial neighborhoods. • Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300 plus acre regional park and equestrian center. Alex then continued to work with the City on grant 137
Proposal for On-Call Grant Writing Services | City of Oakley Page 13

BACKGROUND INFORMATION
administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding.
• Alex worked in concert with the City of South San Francisco to secure a $658,000 grant from the San Mateo County Transportation Authority’s Measure A Pedestrian and Bicycle Program. Alex leveraged relationships with stakeholders in the County to ensure that the City received the funding needed for their Sunshine Gardens Project, including major traffic-calming improvements on streets frequented by students walking and riding bicycles.
• Alex worked closely with City of Novato staff to secure a $220,500 grant from the Food Waste Recovery program at CalRecycle. This funded a local food waste recovery effort in Marin County that allowed the City of Novato to partner with local non-profits and ensure that good food, that otherwise would go to waste, reached food banks and vulnerable residents.
• Alex has developed broad expertise with respect to public safety policy and funding. In conjunction with local stakeholders, Alex has worked successfully on a variety of public safety issues that affect local public agencies in California, including the fight against the trafficking and exploitation of minors, as well as the protection of local control regarding the manufacturing of medicinal cannabis products.

California State Senate
Legislative Aide 2012-2014
Alex worked as a member of the Eighth Senate District’s legislative team representing San Francisco and San Mateo Counties. Alex’s primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator’s committee’s as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. Alex consistently had one of the highest numbers of bills signed into law of any senate staffer.

University of San Francisco, CA
Bachelor of Arts, Politics 2011
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BACKGROUND INFORMATION
Niccolo De Luca, Vice President: Niccolo brings 25 years of legislative and public policy experience to TPA. Niccolo has expertise in the policy sectors of local governance, parks and recreation, public safety, natural resources, cultural resources, cannabis, and consumer affairs.

Townsend Public Affairs, Inc.

Vice President 2008-Present
Throughout his tenure at TPA, Niccolo has been responsible for dozens of legislative proposals that have been signed into law and secured millions in competitive grant funds for local public agency clients. In addition to his public policy expertise, Niccolo has widespread bi-partisan relationships with Members and staff of the State Legislature, Governor Newsom Administration, and relevant agencies. Some of Niccolo’s accomplishments include:
• Niccolo led the TPA efforts to secure $33.1 million in critically needed park funding for cities and nonprofits in the Bay Area, Central Valley, and Southern California. These efforts included working on the funding guidelines, drafting the applications, lobbying for the applications, and working hand in hand with the funding agency. Niccolo was the team lead and instrumental in the many victories of our clients. • Niccolo, in recognizing the need for additional tools to protect public and private infrastructure from natural disasters such as earthquakes, championed legislation to allow cities to create a special assessment district to provide low-cost earthquake retrofit loans in areas with vulnerable housing stock. In addition, Niccolo worked with the City of Oakland and the City of Los Angeles to create the first ever state loan program for seismic retrofits of multi-unit buildings.
• Niccolo was a major part of the coalition to help pass the state’s first ever medicinal cannabis regulatory framework legislation. A comprehensive, thorough approach to statewide medicinal cannabis guidelines has been needed for several years. Niccolo served as an instrumental member of the statewide coalition that supported the views of both local government and the industry. Niccolo actively drafted language and advocated with legislators and staff to ensure statewide regulations would be in the best interest of cities. Due to these efforts, Niccolo has been recognized as a policy expert on cannabis policy and has testified before numerous legislative committees on issues related to the statewide implementation of cannabis regulations.
• Niccolo assisted the City of Oakland in securing $2.2 million in State Budget earmarks in FY14 and FY16. Niccolo coordinated with the Oakland Mayor, State Legislature, Governor’s Office, and appropriate Administration officials to draft the language for inclusion into both budgets. Niccolo’s strategy and execution led to two significant financial wins for the City and their various public safety efforts. • Niccolo worked closely with the City of Oakland to secure four grants in the combined amount of $18.9 million from the Community Oriented Policing Services (COPS) Hiring Program. Niccolo developed the applications and shepherded them through the grant 139
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BACKGROUND INFORMATION
process, including leveraging relationships with the US Department of Justice and COPS staff, which resulted in critical federal funding for the City to hire additional police officers. • Niccolo worked with the City of Emeryville to secure $600,000 in federal funding from the Pre-Disaster Mitigation Grant Program to finance the cost of seismic retrofitting of the City’s one and only emergency community gathering and housing facility. Niccolo worked closely with the City and Congresswoman Barbara Lee on the application as well as development and execution of an advocacy strategy, including the defeat of a hostile amendment that would have taken the grant away from Emeryville and reverted the funds back to FEMA.

City of Oakland
Deputy City Administrator 2004-2007
Niccolo was responsible for the daily operations and decision making for the two largest departments (public works and police department), overseeing a combined annual budget of $323 million. Niccolo also directly supervised four different divisions with 45 employees.

Niccolo provided direct organizational leadership to create a standard operating procedure for a multi-faceted crime reduction initiative, which was adopted by the City Council and resulted in crime reduction. Additionally, Niccolo expanded the number of organized neighborhood public safety gatherings for three consecutive years, with an average of nearly 100 percent annual increase. Furthermore, Niccolo served as lead administrative staff member for three City Council committee, providing expertise and support to the Mayor and City Council in the formulation, interpretation, and application of public policy.

City of Oakland
Assistant Director, Public Works Agency 2001-2004
Niccolo was responsible for three divisions of the public works department (including finance and human relations), five direct reports, and 40 staff members. Niccolo oversaw the financial operations of the entire public works department, including revenues and expenditures. Niccolo implemented procedures to reduce the number of worker’s compensation claims subsequently adopted for the entire City.

Niccolo also served as the spokesperson of the public works department and maintained all media relations. Niccolo built strong media relations and served as hearing officer for union grievances, ultimately helping to improve key relationships with affected unions.

City of Oakland
Assistant to Councilmember Richard Spees 1998-2001
Niccolo served as lead spokesperson for the Council Member within the district. Niccolo improved the overall district-wide public approval rating of the Council Member through grass roots marketing campaigns and new information dissemination strategies. Additionally, Niccolo led constituent services for the district, ensuring proper and efficient service delivery for 58,000 residents.

University of Oregon
Bachelor of Arts, American History 1997
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BACKGROUND INFORMATION
Anastasia Heaton, Associate: Anastasia brings a variety of experience in knowledge to TPA, including two years of experience in public cultural and historical resources. Anastasia has grant writing experience in areas such as water, parks and recreation, cultural resources, and natural resources.

Townsend Public Affairs, Inc.

Associate 2021 – Present
Since joining TPA, Anastasia has worked with clients to develop their funding proposals and secure competitive grant funding on projects. She has also worked to identify strategic funding resources that ensured her client’s visions were transformed into reality. Some of her work includes:
• Anastasia worked with State Department of Water Resources staff to secure $2,313,500 in Small Community Drought Relief Grants. This grant funding funded three projects in Kern County and Marin County, ranging in award amount from $19,500 to $1.4 million.

These critical drought mitigation projects include a new intake facility and increased storage capacity for water districts hit the hardest by severe drought conditions. • Anastasia worked closely with the City of Palmdale to secure $1,000,000 in competitive LA County Regional Park and Open Space District Measure A funding for Regional Recreation, Multi-Use Trails, and Accessibility projects. This grant funding will go towards the expansion of a beloved and critical swimming pool in the City’s Marie Kerr Park.

United States State Department and Indian Health Services Agency Research and Writing VSFS Intern 2020 - 2021
Anastasia worked as a researcher and writing intern for the United States State Department and Indian Health Services Agency, devising creative ways to translate and narrate information and data on cultural resources and public health.

Santa Barbara Mission-Archive Library
Archival Intern 2020
Anastasia worked to research and identify significant historical narratives and bring them to the public through community outreach and public education efforts. She provided key support on managing grant documentation and securing funding for the Mission Archive-Library.

Westmont College, Santa Barbara
Bachelor of Arts, History 2021
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BACKGROUND INFORMATION
Carly Shelby, Legislative Associate: Carly brings over five years of government affairs experience to TPA. Carly has state legislative experience in areas such as water, solid waste and recycling, revenue and taxation, housing and land use, community services, pension reform, and budget. Carly has strong relationships with legislative committee staff, members of the legislature, and cities.

Townsend Public Affairs, Inc.

Legislative Associate 2021 – Present
Since joining TPA, Carly has worked with clients to develop their legislative advocacy agenda In Sacramento. Some of her work includes:
• Carly has worked to build advocacy tools for clients such as legislative tracking matrices, policy issue summaries, and fact sheets. These tools allow clients to develop a successful advocacy strategy to achieve positive government actions in Sacramento. • Carly has provided expert analysis and feedback on a variety of policy issues for our clients. She has written letters and official correspondence to bring client concerns to the attention of decision makers in Sacramento while helping navigate the legislative process.

League of California Cities
Legislative and Policy Development Assistant 2017-2020
Carly was responsible for analyzing legislation and developing strategic policy positions to benefit cities throughout California. Carly also maintained stakeholder relations with various government agencies and government-proxy organizations to implement policy agendas crucial to local government clients.

Press Office of Assembly Speaker Anthony Rendon
Press Intern 2017
Carly worked for Assembly Speaker Anthony Rendon and was responsible for maintaining communications between the legislature and major news outlets as well as communicating the Speaker and Democratic Caucus’ policy agendas.

The California Building Industry Association (CBIA)
Government Affairs Intern 2016
Carly worked to implement CBIA’s policy agenda with emphasis on the issue areas of housing and land use. Carly also provided strategic campaign support on the CBIA sponsored school bond initiative.

California State University, Sacramento
Bachelor of Arts, Political Science 2021
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BACKGROUND INFORMATION

REFERENCES

1. CITY OF PALMDALE
Contact 1: Ronda Perez, City Manager
Contact 2: Terrie Zayas, Management Analyst
Address: 38300 Sierra Highway, Palmdale, CA 93550
Phone Number: (661) 267-5450
Email: [email protected]
Scope: TPA provides grant writing services to the City.

2. CITY OF SOUTH SAN FRANCISCO
Contact Name: Mike Futrell
Title: City Manager
Address: 400 Grand Ave, South San Francisco, CA 94080
Phone Number: (650) 877-8502
Email: [email protected]
Scope: TPA provides grant writing and advocacy services to the City.

3. CITY OF LAFAYETTE
Contact Name: Niroop Srivatsa
Title: City Manager
Address: 3675 Mt Diablo Blvd, Lafayette CA 94549
Phone Number: (925) 284-1968
Email: [email protected]
Scope: TPA provides legislative and funding advocacy services to the City. 143
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GRANT FUNDING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant funding services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
▪ Application timeline
▪ Eligible project types
▪ Funding availability and award maximum and minimums
▪ List of application components, including proposal questions and any required attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain 144
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SCOPE OF SERVICES
a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costbenefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.
o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: Throughout grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and wellpositioned for funding. o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to 145
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SCOPE OF SERVICES
develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
• Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success. • Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.

TPA will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings
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SCOPE OF SERVICES

UPCOMING GRANT FUNDING OPPORTUNITIES
In addition to the Scope of Services, TPA has compiled the following chart, which details various grant programs that the City may wish to pursue.

Administrator &
Grant Name Application Info Eligible Projects Application Deadline Department of
Housing and Urban
Development
Choice
Neighborhood
Planning Grant
Max Award
$500,000
5+% Match
Required
The grant program assists communities with severely
distressed public housing or HUD-assisted housing in
developing a successful neighborhood transformation
plan. Neighborhood transformation plans are a
blueprint for the redevelopment of distressed public
housing/HUD-assisted housing into mixed-income
communities, supportive services for families that live there, and physical improvements to the surrounding
neighborhood.

July 28, 2022
California Natural
Resources Agency
Youth Community
Access Grant
Program
$25k Min. Award
$300k Max Award
No Match Required
The Youth Community Access Grant Program
supports youth access to natural or cultural resources
with a focus on low-income and disadvantaged
communities including, but not limited to, community
education and recreational amenities to support youth
substance use prevention and early intervention.

July 29, 2022
National
Endowment for the
Arts
Our Town Grants
Program
Min Award:
$25,000
Max Award:
$150,000
50% required
match
Our Town grants support projects that integrate arts,
culture, and design activities into efforts that
strengthen communities by advancing local economic,
physical, and/or social outcomes. Successful Our
Town projects include public installation of art, theater programs, artist residencies, and more. These
projects require a partnership between a nonprofit
organization and a local government entity, with one
of the partners being a cultural organization.

August 4, 2022
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SCOPE OF SERVICES
Administrator &
Grant Name Application Info Eligible Projects Application Deadline CalRecycle
Tire-Derived
Aggregate (TDA)
Grant Program
Max Award:
$375,000
25% required
match
The program provides opportunities to divert waste
tires from landfills, prevent illegal tire dumping, and promote markets for recycled-content tire products.

The Program provides assistance to civil engineers in
solving a variety of engineering challenges using TireDerived Aggregate (TDA), which is produced from shredded tires, is lightweight, free-draining, and a less expensive alternative to conventional aggregates.

August 17, 2022
Governor’s Office
of Emergency
Services
Domestic
Violence
Response Team
(VA) Program
Max Award:
$125,000
25% required
match
The program supports communities in building and
implementing protocols and practices for a
collaborative and coordinated response to incidents of
domestic violence. The Program builds the capacity of
communities that demonstrate a need for greater
collaboration and coordination between domestic
violence service providers and law enforcement.

Applicants must be a governmental or a communitybased non-profit organization that employs a Domestic Violence Counselor.

August 15, 2022
California
Department of
Transportation
Highway Safety
Improvement
Program (HSIP)
Cycle 11
Min Award
$100,000
Max Award
$10,000,000
Match Varies
(0%,10%,50%)
The Local HSIP opportunity prioritizes projects than
can be executed quickly. Projects must address
specific safety concerns and identify specific
countermeasures.

September 12,
2022
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SCOPE OF SERVICES
Administrator &
Grant Name Application Info Eligible Projects Application Deadline US Department of
Transportation
Safe Streets and
Roads for All
(SS4A) Grant
Program
Action Plan Grants:
$200,000 -
$1,000,000
Implementation
Grants: $5,000,000
- $30,000,000
20% Required
Match
Funds will support planning, infrastructure, behavioral, and operational initiatives to prevent death and
serious injury on roads and streets involving all
roadway users, including pedestrians; bicyclists;
public transportation, personal conveyance, and
micromobility users; motorists; and commercial
vehicle operators.

September 15,
2022
WalMart
Local Community
Grant Program
$250 Minimum
Award
$5,000 Max Award
The Local Community Grant program funds projects
in the areas of Community/Economic Development,
Diversity/Inclusion, Education, Environmental
Sustainability, Health and Human Service, Hunger
Relief, Public Safety, Quality of Life. Organizations
may submit a total number of 25 applications and/or
receive up to 25 grants within the 2022 grant cycle.

Grants
Accepted
Throughout
2022
Department of
Transportation
Reconnecting
Communities Pilot
Program
Total Funding
Available: $195
Million
The program’s funds can support planning, capital
construction, and technical assistance to equitably
and safely restore community connectivity through the
removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities that create
barriers to mobility, access, or economic development
NOFO
Expected
Summer 2022
US Department of
Justice
COPS Hiring
Program
Funds up to two
officer positions
across a 3-year
period.

The Cops Hiring Program provides funding to hire and
re-hire entry level career law enforcement officers in
order to preserve jobs, increase community policing
capacities and support crime prevention efforts.

Expected early
2023
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SCOPE OF SERVICES
Administrator &
Grant Name Application Info Eligible Projects Application Deadline US Department of
Justice
Law Enforcement
Mental Health and
Wellness Act
(LEMHWA)
Program
$175k Max Award
No Match Required
The Program funds projects to improve the delivery of
and access to mental health and wellness services for
law enforcement through the implementation of peer
support, training, family resources, suicide prevention, and other wellness programs.

Expected early
2023
California State
Library
Building Forward
Library
Infrastructure
Program
Max Award TBD
Up to 50% Match
Required
The Building Forward Library Infrastructure Program
is an equity-focused matching infrastructure grant
program to support local library maintenance, capital
projects, broadband and technology upgrades, and
purchasing of devices.

NOFO
Expected early
2023
Deadline
Expected early
2023
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COST PROPOSAL
OPTION I: ALL-INCLUSIVE MONTHLY RETAINER

DESCRIPTION OF SERVICES FEE
Grant Writing Specialist $5,000 Per Month*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Comprehensive Follow-Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business expenses, such as any and all applicable licenses and insurance coverage required to perform the Scope of Work. The monthly fee also covers all travel expenses performed on behalf of the client.

TPA does NOT institute a limit on the number of funding opportunities that we will pursue on behalf of a client. For this reason, TPA recommends our monthly fee option as a more cost-effective option for the City than on a per grant basis.
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COST PROPOSAL
OPTION II: PER-PROJECT GRANT WRITING SERVICES
DESCRIPTION OF SERVICES PROJECT FEE*
Grant Writing Services $3,500 to $15,000
Per Grant**
• Conduct Pre-Proposal Research and Outreach Included
• Craft Strategic Funding Plan Included
• Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Coordinate Stakeholder Meetings Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Comprehensive Follow-Up on Unsuccessful Applications Included *The project fee includes all reasonable business and travel expenses and is determined based on the requirements of the grant program.
** Project fee determined by grant program requirements and length of project. 152
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EXAMPLES OF WORK

EXAMPLES OF GRANT FUNDING ACHIEVEMENTS
The following chart includes five successful grant funding efforts TPA grant writing specialists achieved on behalf of our clients:

County of Kern: Statewide Parks Program
Project Description South Kern Lamont Park Project
Role of TPA
Attended relevant grant workshops, reviewed previously
unsuccessful applications, scheduled and attended meetings between the funding agency and County staff to review
application narrative, assisted County staff with community outreach efforts, secured letters of support, drafted the grant application, submitted the grant application, worked with the County’s legislative delegation to lobby for funding.

Funding Agency Department of Parks & Recreation
Amount Requested $6,515,000
Total Amount Secured $6,515,000
City of Murrieta: Public Works and Economic Adjustment Assistance Grant Program (Competitive subcategory)
Project Description Murrieta Innovation Center Life Science Startup Incubator Role of TPA
Attended relevant grant workshops, reviewed previously
unsuccessful applications, scheduled and attended meetings between the funding agency and City staff to review application narrative, assisted City staff with community outreach efforts, secured letters of support, drafted the grant application, submitted the grant application, worked with the City’s legislative delegation to lobby for funding.

Funding Agency U.S. Economic Development Administration Amount Requested $2,400,000
City of Palmdale: Statewide Parks Program
Project Description Melville J. Courson Park Revitalization Role of TPA
Attended relevant grant workshops, worked with city staff to identify priority projects, assisted city staff with community outreach efforts, secured letters of support, drafted the grant application, submitted the grant application, worked with the City’s legislative delegation to lobby for funding
Funding Agency Department of Parks and Recreation
Amount Requested $4,150,000
Total Amount Secured $4,150,000
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EXAMPLES OF WORK
Total Amount Secured $2,400,000
City of South San Francisco: One Bay Area Grant Program:

Project Description Grand Boulevard Initiative
Role of TPA
Attended relevant grant workshops, reviewed previously
unsuccessful applications, scheduled and attended meetings between the funding agency and City staff to review application narrative, assisted City staff with community outreach efforts, secured letters of support, drafted the grant application, submitted the grant application, worked with the City’s legislative delegation to lobby for funding.

Funding Agency Metropolitan Transportation Commission
Amount Requested $1,000,000
Total Amount Secured $1,000,000
City of Placentia: Project Safe Neighborhoods
Project Description he Placentia STRONG Project
Role of TPA
Attended relevant grant workshops, reviewed previously
unsuccessful applications, scheduled and attended meetings between the funding agency and City staff to review application narrative, assisted City staff with community outreach efforts, secured letters of support, drafted the grant application, submitted the grant application, worked with the City’s legislative delegation to lobby for funding.

Funding Agency US Department of Justice
Amount Requested $537,160
Total Amount Secured $537,160
154
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 ENTER INTO A ONE-YEAR AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR ON-CALL GRANT WRITING SERVICES WHEREAS, the City wishes to engage outside assistance in developing and implementing a program to find and obtain grants to support City services; and WHEREAS, Townsend Public Affairs, Inc., a full service firm specializes in developing and assisting municipalities with such programs; and
WHEREAS, Townsend Public Affairs, Inc. has agreed to serve the City of Oakley for a period of one-year, including all of its available services without limitation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley authorizes the City Manager to execute the attached Agreement with Townsend Public Affairs, Inc., for grant program management services.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ______ _
Libby Vreonis, City Clerk Date
155
Master Contract between City of Oakley and Townsend Public Affairs, Inc 1

CONTRACT FOR CONSULTANT SERVICES
THIS CONTRACT FOR CONSULTANT SERVICES ("Contract") is made and entered into as of this 1st day of September 2022, by and between City of Oakley, a municipal government (“Client”), and Townsend Public Affairs, Inc., a California corporation (“Consultant”). For valuable consideration, Client and Consultant agree:

1. Term.

This Contract is effective as of the date above. The terms and conditions of this Contract shall remain in full force for the period set forth in Exhibit “A.”

2. Services.

Consultant will, in accordance with the terms of this Contract, perform the services described in Exhibit “A,” (“Services”).

3. Fees.

Client agrees to pay Consultant for the Services in accordance with the provisions of the Fee Schedule set forth in Exhibit "A." The Consultant will submit a monthly invoice to Client reflecting the fee and including any expenses incurred for such month. Client shall pay each billing within thirty (30) days of receipt thereof.

4. Expenses.

Subject to prior written authorization, Client shall reimburse Consultant for all itemized expenses with third party vendors incurred while providing Services as defined herein on behalf of Client. Such expenses shall be billed to the Client on a monthly basis and reimbursement thereof will be due upon receipt.

5. Laws, Rules and Regulations.

Consultant shall perform the Services in accordance with all applicable local, state and federal laws and regulations, exercising the standard of care applicable to Consultant’s profession.

6. Lobbyist Registration
As a lobbyist employer, Client is required to file a Form 602 with the California Secretary of State, a quarterly Form 635. Consultant will prepare all forms for Client’s signature and will file the forms on your behalf of Client.

7. No Condition to Payment.

It is the intention of the parties to this Contract that the Services rendered hereunder and the payments made hereunder are not in any way contingent upon the achievement of any specific result including, without limitation, the defeat or enactment of any legislative or administrative proposal. Consultant does not guarantee, represent or warrant any specific results in connection with the provision of Services. The parties hereto agree that such sums as are paid pursuant to this Contract shall be deemed to be the reasonable value of Services rendered hereunder.

8. Independent Contractor.

Client confirms to Consultant that the Services provided by Consultant to Client hereunder are not of a type performed by Client on its own behalf and are not within the scope of Client’s usual business. It is the intention of the parties to this Contract that the Services rendered hereunder shall be so rendered by Consultant as an independent contractor and not as an employee, agent, joint venturer or partner of Client. Nothing in this Contract shall be 156
Master Contract between City of Oakley and Townsend Public Affairs, Inc 2 interpreted or construed as creating or establishing the relationship of employer and employee between Client and Consultant or any employee or agent of Consultant.

Consultant’s performance of the Services shall not be subject to the control and direction of Client. Both parties acknowledge that Consultant is not an employee for state or federal tax purposes. Consultant fully retains the right to contract with and perform services for other parties during the entire term hereof.

9. Work Product
Any tangible work product that is developed by Consultant shall be the property of the Client.

10. Confidentiality.

Consultant agrees to maintain the confidentiality of files or other information it is provided or develops during the course of its work for Client. It is understood, however, that disclosure of certain information provided by Client may be necessary or appropriate in the course of its representation of Client. Such disclosures shall be made upon consultation with Client or Client’s designated representative and with written consent from the Client

11. Termination.

This Contract may be terminated by either party upon thirty (30) days written notice to the other party specifying desired date of termination.

12. Contract Modifications.

Client and Consultant agree that the terms and conditions of this Contract shall constitute the entire agreement between the parties signatory hereto as to the matters set forth herein.

Client and Consultant may modify the terms of this Contract only by executing a written Contract Addendum, which shall reference this Contract and shall be executed by the parties’ signatory hereto.

13. Attorneys Fees.

Client and Consultant agree that the prevailing party in any dispute under this Contract shall be entitled to an award of attorneys’ fees and costs as ordered by a court of competent jurisdiction.

14. Certification of Non-Discrimination.

By signing this Contract, Consultant certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap or medical conditions.

15. Notice.

Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses:

To Client: City of Oakley
3231 Main Street
Oakley, CA 94561
To Consultant: Townsend Public Affairs, Inc.
1401 Dove Street, Ste. 330
Newport Beach, CA 92660
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Master Contract between City of Oakley and Townsend Public Affairs, Inc 3

16. Execution.

The representatives of Client and Consultant warrant that they have authority to sign on behalf of and bind their principals and have caused this Contract to be duly executed the day and year first above written.
"CONSULTANT" "CLIENT"
TOWNSEND PUBLIC AFFAIRS, INC., CITY OF OAKLEY
a California corporation a municipal government
By: ________________________________ By: ________________________________ Name: _____________________________ Name: ______________________________

Title: _______________________________ Title:________________________________ 158
Master Contract between City of Oakley and Townsend Public Affairs, Inc 4 EXHIBIT “A”
TO

CONTRACT FOR CONSULTANT SERVICES
TERM: September 1, 2022 through August 31, 2023
FEE SCHEDULE: $5,000 per month
SERVICES: Please see attached Addendum to Exhibit “A” for full description of services provided.

Client Initials _________
Consultant Initials ________
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Master Contract between City of Oakley and Townsend Public Affairs, Inc 5

ADDENDUM
TO
EXHIBIT “A”
The Services provided pursuant to the terms of the Contract for Consultant Services are the following:
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of Construction Contract to Day's Generator Service, Inc. for the installation of the Recreation Center Emergency Generator Project, Capital Improvement Project No. 249
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program (CIP) Budget designates funding for various infrastructure and facility improvement 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 and safety for our residents.

The Oakley Recreation Center facility is the center of recreational activities and programs in Oakley. The current Recreation Center does not have a standby emergency generator to address the frequent PG&E power outages that take place in this region.

During the last City Council Strategic Planning meetings, the need for having continued and uninterrupted service at the Recreation Center was amongst the major goals. This included the installation of a standby emergency generator to address the electricity needs of the Recreation Center. If the City is faced with an extended power outage, without a standby emergency generator, we will not be able to provide critical support functions from the Recreation Center facility to the community.

In preparation for the delivery and installation of the generator, staff has prepared the plans and specifications and solicited bids from contractors for the installation of this generator and its start-up operations. On August 25, 2022, a total of four (4) qualified bids were received for the construction of this project.

Day’s Generator Service, Inc. was the lowest responsible bidder for the project and have all the resources needed to install the generator. The installation of the generator will involve preparing the site and construction of the concrete pad for the generator and its associated components, furnishing the new generator, installation of the new conduits and wiring to connect the electrical switch panels at the Recreation Center to 161
the generator, as well as the starting of the new generator. This project will not require any related work with PG&E, which is a big plus considering the delays customers have experienced in getting PG&E related support services.

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

Fiscal Impact
The current FY 2022/23 budget for this project is $300,000 from the ARPA Fund. This budget covers the purchase and installation cost of the generator.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the award of the construction contract for the installation of the generator for the Recreation Center Emergency Generator Project to Day’s Generator Service, Inc. in the amount of $262,848 and authorizes the City Manager to execute the agreement.

Additionally, due to variables associated with construction projects, and to address unforeseen circumstances during the course of construction, staff recommends that the City Council authorize staff to execute future change orders to the construction contract as necessary, in an amount not to exceed $25,000 for work beyond what is defined in the base bid project.

Attachments
1) Resolution
2) Bid Summary
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AGREEMENT WITH DAY’S GENERATOR SERVICE, INC. FOR THE

INSTALLATION OF THE GENERATOR FOR THE OAKLEY RECREATION CENTER EMERGENCY GENERATOR PROJECT – CIP 249
WHEREAS, the Oakley Recreation Center is the center of recreational services in Oakley, and there is currently no emergency generator at the Recreation Center to provide electricity in times of power outage and uninterrupted services at the Recreation Center is of utmost importance; and
WHEREAS, staff prepared the plans and specifications for this project and subsequently solicited bids from contractors for the installation and startup of this generator and its associated components; and
WHEREAS, On August 25, 2022, four (4) qualified bids were received prior to the close of the bidding process and Day’s Generator Service, Inc. submitted the lowest responsible bid for a total cost of $262,848 for the project; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Agreement with Day’s Generator Service, Inc. for the installation of the emergency Generator for the Recreation Center Emergency Generator Project - CIP 249, for an amount not to exceed $262,848 is approved, and the City Manager is hereby authorized to execute said Agreement and change orders in an amount not to exceed $25,000 as necessary.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
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DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Consideration of a Resolution Amending the City of Oakley Fiscal Year 2022/2023 Budget, Awarding a Contract to Affordable Landscaping Services Corporation for the Site Preparation and Installation of Turf around the Lake at the Delaney Park Subdivision and Authorizing the City Manager to Execute the Agreement Background and Analysis
The City’s adopted FY 2022/23 City Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

Delaney Park Subdivision is one of the largest subdivisions in Oakley that includes over 580 homes, a large park and playground, extensive landscaping, storm water pump station and electrical generator building, as well as a lake. The new residents and guests of Delaney Park enjoy all the amenities of this subdivision year around.

One of the key attractions of this park is the lake, its fountain, and the walking pathway around the lake. The lake is at a lower elevation that the walking pathway and the embankment from the edge of the lake to the walking pathway had received hydroseeding during the construction of this subdivision by the developer of the subdivision. The hydroseeding did not perform as designed and expected and it had to be redone twice more, with adjusting the seed mix for the hydroseed to improve the performance and longevity.

Despite all the adjustments and modifications, the hydroseeding did not perform well and the embankments were overtaken with weeds and exposed soil. The maintenance of the embankment landscaping with the weeds growing in it has become very difficult and cost prohibitive.

Staff investigated alternatives to stabilize the embankment around the lake ranging from construction of concrete embankment with cobble stone surfacing, riprap revetment system and turf placement. After evaluating the various options both from safety and costs aspects, it was determined that a high-quality natural turf will be best suited for this site and can be

STAFF REPORT
Approved and Forwarded to the City Council
165
maintained with current landscaping maintenance contracts. The turf will protect the embankment and blend in with the surrounding park in an environmentally friendly approach and aesthetically pleasing for the residents.

Staff solicited proposals from contractors for the embankment site preparation and placement of the turf and received the following bids in response to our request:

Affordable Landscaping Services Corporation $123,890
Terracare Associates $125,763
Pacific Coast Landscape, Co. $147,395
It is anticipated that the construction of this maintenance project will be completed promptly, and new turf will be established, and the embankments protected and enhanced before the winter rainy season.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ park and Open Space Goal and Finance and Fiscal Responsibility Goal.

Fiscal Impact
The approval of this resolution will not have a fiscal impact on the General Fund. However, since this proposed project was not included in the FY 2022/23 Budget, a budget amendment to Fund 421 is necessary. Funding for this landscape maintenance project will come from the Delaney Park Community Facility District (CFD) operational reserves in Fund 421. 166
Staff Recommendation
Staff recommends that the City Council adopt the resolution amending the City of Oakley Fiscal Year 2022/2023 Budget for Fund 421 to increase the L&L Maintenance and Upgrade budget line item by $123,890, approving the landscaping project agreement with Affordable Landscaping Services Corporation for an amount not to exceed $123,890 and authorizing the City Manager to execute the agreement.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING AN AMENDMENT TO THE CITY OF OAKLEY FISCAL YEAR 2022/2023 BUDGET,

APPROVING AN AGREEMENT WITH AFFORDABLE LANDSCAPING SERVICES

CORPORATION FOR THE SITE PREPARATION AND INSTALLATION OF TURF

AROUND THE LAKE EMBANKMENT AT DELANEY PARK AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Delaney Park Subdivision is one of the largest subdivisions in Oakley and its lake and landscaping is a major point of attraction for residents; and WHEREAS, the embankments around the lake are eroding due to failure of hydroseeding and needs improvement and protection; and
WHEREAS, staff investigated alternatives to stabilize the embankment around the lake ranging from the construction of a concrete embankment with cobble stone surfacing, riprap revetment system, and turf placement. After evaluating the various options, it was determined that a high-quality natural turf will be best suited for this site; and WHEREAS, Affordable Landscaping Services Corporation submitted the lowest responsible bid proposal for placement of a high-quality natural turf for a total cost of $123,890 for the work; and
WHEREAS, appropriations for this $123,890 project were not included in the adopted City of Oakley Fiscal Year 2022/2023 Budget; and
WHEREAS, the City of Oakley finds it necessary to complete this project and stabilize the embankment around the lake at the Delaney Park;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that a budget amendment to increase appropriations in Fund 421 by $123,890 for the completion of this landscaping upgrade project is hereby adopted, the Bid Proposal with Affordable Landscaping Services Corporation for the Delaney Park Lake embankment turf placement project, for an amount not to exceed $123,890 is approved, and the City Manager is hereby authorized to execute it into an Agreement. 168
Resolution No. XX-22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Randy Pope, Mayor
ATTEST:
_____
Libby Vreonis, City Clerk Date
169

STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of Contract with Universal Site Services, Inc. (USS) for Porter Maintenance Services for various City of Oakley Parks and Facilities Background and Analysis
The City of Oakley is responsible for the maintenance and operation of over 37 public parks, an assortment of street median and planter landscaping, multiple facilities, and parking lots, which includes the Civic Center Campus and Oakley Plaza. It is of critical importance that these parks and facilities are well maintained to be to showcase Oakley as a community with high standards as well as for enhancing the quality of life for the residents.

In an effort to efficiently and professionally maintain the City’s parks, landscaping, and facility assets, the City utilizes the services of contractors. The City hires contractors to perform these various maintenance tasks, since the City does not currently have inhouse staffing resources to perform these services.

To maintain the maintenance services with proper resources, to ensure that the City of Oakley receives quality service keeping the community’s parks and facilities in best condition; staff prepared a Request for Qualifications (RFQ) and invited contractors to participate in the process for the selection of a maintenance contractor to provide litter and trash removal, restroom cleaning and building washing for the City’s parks and facilities.

The City received one (1) proposal responding to the RFQ from Universal Site Services. Staff followed up by meeting with the representatives from Universal Site Services to go over the scope of work, and to ensure that there is a clear understanding of what the City’s expectations are as related to this maintenance contract. As result of these discussions, downward cost adjustments were made by Universal Site Services to accommodate the City’s budget allocations. Under this contract, trash and litter will be picked up and disposed of and restrooms cleaned daily from the City’s Parks and Facilities on a routine and consistent schedule. 170
Based on staff review and past experience working with USS, staff concluded that USS provided a fair and professional proposal especially in these current times of high inflation.

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

Fiscal Impact
Approval of this resolution will accept the proposal and authorize the City Manager to execute an agreement with Universal Site Services for a cost not to exceed $223,344 annually. The funding to pay for the porter services from Universal Site Services will be provided from the City’s Lighting and Landscape Districts (LLD) and Community Facilities Districts (CFD).

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Universal Site Services for porter services for the City’s parks, landscaping, and facilities maintenance and authorizes the City Manager to enter into an agreement for a not to exceed amount of $223,344 annually which will be pro-rated for the remainder of Fiscal Year (FY) 2022/23.

Attachments
1) Universal Site Services Proposal
2) Resolution
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

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

AN AWARD OF CONTRACT WITH UNIVERSAL SITE SERVICES FOR PORTER

MAINTENANCE SERVICES FOR CITY PARKS AND FACILITIES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the City of Oakley Public Works Department is responsible for the overall maintenance and operation of all City’s Parks and Facilities; and WHEREAS, the City of Oakley has previously outsourced these services with Universal Site Services; and
WHEREAS, this contract has officially expired as of June 30 2022 and is in need of an annual update; and
WHEREAS, in response to a Request For Qualifications (RFQ), Universal Site Services submitted a proposal which after review and analysis by staff was determined to be best suited for providing the Porter Services for City Parks and Facilities; and RESOLVED, by the City Council of the City of Oakley that the Maintenance Services agreement with Universal Site Services for Porter Service Maintenance for City Parks and Facilities for an amount not to exceed $223,344 annually until fiscal year (FY) 2024/25, and pro-rated for the remainder of FY 2022/23 is hereby approved, and the City Manager is authorized to execute said agreement.

PASSED, APPROVED AND ADOPTED this 13th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
202
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt a Resolution ratifying the Fifth Amendment to the Agreement with Cole Huber, LLP for City Attorney Services.
______________________________________________________________________ Background and Analysis
The City of Oakley contracts with Cole Huber, LLP for City Attorney services. This fifth amendment would add employment services to our agreement. These services will assist the Human Resources Department in some of the more complex matters regarding worker’s compensation, disability retirements, disciplinary or separation issues as well as day to day legal advice as it relates to employment matters.

The City has not had specific contracts in the past as it relates to employment matters and has relied on the consortium that is contracted through our general liability and worker’s compensation provider. The consortium is convenient and cost-effective for general questions, forms or policies, but is not able to assist us in more complex matters. When a matter is outside of the scope of the consortium call, we are then referred to a labor attorney.

It is the goal of the department to have a standard labor attorney who is familiar with our policies and memorandums of understanding so that we do not waste time and money on the assigned attorney familiarizing themselves with Oakley once a consortium call is referred to them.

In addition to gaining consistency with a set labor attorney, the City will also benefit financially. Our current rate when assigned to an attorney through the consortium has been $390-$425 per hour depending on the assigned attorney. The agreement with Cole Huber will reduce the cost to $240 per hour.

STAFF REPORT
Approved and Forwarded to the City Council
203
Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plan, sustainable organization goal of identifying and investing in resources to execute the cities responsibilities. Also, having consistency in how similar employment matters are handled will help to continue to build trust within the team.

Fiscal Impact
There is no fiscal impact related to this item as legal services were approved as part of the FY 2022/23 budget adoption.

Staff Recommendation
Adopt a Resolution ratifying the Fifth Amendment to the Agreement with Cole Huber, LLP for City Attorney Services.

Attachments

1. Resolution

2. Fifth Amendment
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Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY RATIFYING THE

FIFTH AMENDMENT TO THE AGREEMENT WITH COLE HUBER, LLP FOR CITY

ATTORNEY SERVICES
WHEREAS, in November of 2009 issued a request for proposal for City Attorney Services; and
WHEREAS, In February 2010 Council selected Cota Cole, LLP to provide these services and entered into a one-year agreement; and
WHEREAS, in February 2011 the first amendment was approved to extend services for two additional years; and
WHEREAS, in February of 2013 the second amendment was approved to continue receiving City Attorney services from Cota Cole, LLP; and WHEREAS, in April of 2018 the third amendment was approved to provide services through June 2021; and
WHEREAS, in April of 2021 the fourth amendment was approved for Cole Huber, LLP to provide services through June 2024; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:

Ratification of the fifth amendment to the agreement with Cole Huber, LLP for City Attorney Services, adding employment services to the provided services.

PASSED, APPROVED AND ADOPTED this 13th day of September 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: September 13, 2022
TO: Joshua McMurray, City Manager
FROM: Brent Smith, Community Development Director
SUBJECT: Approval of Consulting Services Agreement by TRB and Associates, Inc. for On-Call services related to Code Compliance Plan Review and Inspection Services
Background and Analysis
The City of Oakley utilizes a wide range of consultants and contractors across all departments to augment City staff as needed to accommodate the workload activities.

One of the areas that this approach is utilized is code compliance plan reviews and inspections for projects that the City issues building permits for. The volume of private development activity fluctuates with the overall economic climate of the region, the Community Development and Public Works Departments use staff augmentation as needed to process and manage the development project workloads. This provides the City the ability to be responsive to the needs of development community while being cost effective. This approach gives the organization flexibility and agility to adjust to the level of service needed by private developers that frequently change as the regional economic climate changes.

The Community Development Department is responsible for all planning activities and issuance of building permits related to private development projects, which includes the plan review and inspection of the new structures that are built as part of these projects. The construction of two (2) of the largest residential development projects in Oakley have commenced. These projects are: the Grand Cypress Preserve and Summer Lake North and are located at the far eastern end of East Cypress Road from Jersey Island Road to Bethel Island Road. These new subdivisions will collectively construct nearly 4,000 new homes. These consulting services allow us to ensure we have the right experts on the varying projects, with levels of complexity that are unique to such large master plan development projects.

These two (2) developments, along with other substantial development projects are far more than the current City staffing levels can accommodate and will require consulting services at times to perform plan reviews and inspections of these development projects which will span several years. These services help us to ensure that all 207
Consulting Services Agreement with TRB and Associates, Inc.

September 13, 2022