Oakley City Council
October 11, 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, October 11, 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

1.3 Presentation of Proclamations - 1. National Friends of the Library Month (Lorena Campos, Friends of the Oakley Library President) 2. Domestic Violence Awareness Month (Shannon Starzyk, Contra Costa Family Justice Center) 3.

Red Ribbon Week (Patricia Britton & Van Le, Pride & Purpose Project Youth Advocates, Shameka Bolds, Pride & Purpose Project Coordinator, Fatima Matal Sol, CCC Alcohol and Other Drugs Program Chief) 4. Breast Cancer Awareness Month (Janet Jule, Antioch Medical Center Chief Nursing Officer) 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 2 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 Special Joint Meeting of the Oakley City Council, Board of Directors of Diablo Water District, and Board of Directors of Ironhouse Sanitary District held September 26, 2022 (Libby Vreonis, City Clerk) Minutes 9-26-22

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

3.3 Approve second reading of Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services)
Staff Report

1. Ordinance

3.4 Waive the Second Reading and Adopt an Ordinance Adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to the Oakley Municipal Code (Ken Strelo, Planning Manager)
Ordinance

3.5 Waive the Second Reading and Adopt an Ordinance Amending Sections

2.9.002 through 2.9.012 of the City of Oakley Conflict of Interest Code to Adopt and Incorporate by Reference the terms of 2 California Code of Regulations Section 18730 and any Amendments to it duly adopted by the Fair Political Practices Commission and Repeal Sections 2.9.014 through 2.9.020 of the Oakley Municipal Code(Libby Vreonis, City Clerk)
Ordinance
3 3.6 Fiscal Year (FY) 2022/23 First Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

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

1. Resolution

2. Notice of Completion

3.8 Authorize the City Manager to execute a Construction Agreement with Martell Water Systems, Inc. for the Construction of Capital Improvement Project Number 265 – Irrigation Well Installation Project at the City's Freedom Basin (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

2. Martell Water Systems, Inc. Proposal

3.9 Authorize the City Manager to Execute a Consulting Agreement with Callander Associates Landscape Architecture, Inc. for Landscape Architectural Design Services for the Enrico Cinquini Park Construction Project – Capital Improvement Project Number 281 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Proposal

3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Petition

2. Resolution of Intention

3. Boundary Map
4 3.11 Creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution
1A. Exhibit A - Diagram

2. Ordinance
2A. Exhibit A - Diagram
2B. Exhibit B - Schedule for Police Service Tax

3.12 Review of Proclamation Request for Future Agenda (John Muir Community Health Fund Day) (Libby Vreonis, City Clerk)
Staff Report

1. Proclamation Request Form

2. Sample Proclamation

4.PUBLIC HEARINGS

4.1 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: Item to be Continued to a Future Date Uncertain

5.REGULAR CALENDAR

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
(b) Update on Current Planning Applications

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
5 (b) Requests for Future Agendas

7.WORK SESSIONS

8.CLOSED SESSION

9.ADJOURN
6 Proclamation
National Friends of Libraries Week
October 16 - 22, 2022
WHEREAS, Friends of the Oakley Library raise money that enables our library to move from good to great -- providing the resources for additional programming, much needed equipment, support for children’s summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well-funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers’ advisory, and children’s services; and
WHEREAS, the Friends’ gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community.

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 October 16 - 22, 2022, as “National Friends of Libraries Week” in the City of Oakley, and urge everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better.

October 11, 2022
_________________
Randy Pope, Mayor
7 Domestic Violence Awareness Month
October 2022
WHEREAS: the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial, and societal barriers and are supported by societal indifference; and WHEREAS: 1 in every 3 women will experience domestic violence during her lifetime; 1 in every 4 women will experience sexual assault in her lifetime; and 1 in 6 men have had abusive or unwanted sexual experiences in their lifetime; and WHEREAS: approximately 15.5 million children are exposed to domestic violence every year; and WHEREAS: when a family member is abused, it can have long-term damaging effects on the victim that also leaves a mark on family, friends, and the community at large; and
WHEREAS: families are indispensable to a stable society, and they should be a place of support to instill responsibility and values in the next generation; and
WHEREAS: the crimes of domestic and sexual violence violate an individual’s privacy, dignity, security, and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and WHEREAS: the impacts of domestic violence are wide-ranging, directly affecting men, women, children, and society as a whole; and
WHEREAS: it is important to recognize the compassion and dedication of the individuals who provide services to victims of domestic and sexual violence and work to increase public understanding of this significant problem; and WHEREAS: local programs, state coalitions, national organizations, and other agencies are committed to increasing public awareness of domestic and sexual violence and its prevalence, and to eliminating it through prevention and education; and WHEREAS: all people should feel safe in their homes, their schools, and their communities.

NOW, THEREFORE, BE IT RESOLVE that, I, Randy Pope, Mayor of the City of Oakley, do hereby proclaim October 2022 as Domestic Violence Awareness Month, and urge all citizens to actively participate in the efforts to end violence in our homes, in our schools, and in our communities.

October 11, 2022
________________
Randy Pope, Mayor
8 Proclamation
Red Ribbon Week
October 23-31, 2022
WHEREAS, the city of Oakley and the Pride & Purpose Project value the health and safety of all our citizens especially our youth; and
WHEREAS, underage cannabis use, underage alcohol consumption, and underage prescription drug use is particularly damaging to one of our most valuable resources, our youth, and a contributing factor in the three leading causes of death for teenagers – accidents, homicides, and suicides; and WHEREAS, the National Red Ribbon Campaign, gives the citizens and youth of Oakley, California an opportunity to demonstrate their commitment to supporting youth in drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and
WHEREAS, the Red Ribbon Campaign will be celebrated in the city of Oakley, California, during “Red Ribbon Week”, October 23-31; and
WHEREAS, it is the goal of the Red Ribbon Campaign, the city of Oakley, California and the Pride & Purpose Project to involve families, schools, businesses, churches, law enforcement agencies and service organizations in all aspects of this campaign and establish an atmosphere that supports awareness, education and on-going initiatives to prevent illegal drug use, and to showcase this by wearing and displaying Red Ribbons during this week long campaign; and
WHEREAS, the Red Ribbon Week Campaign theme promotes family and individual responsibilities for living healthy, drug-free lifestyles, without illegal drugs or the illegal use of legal drugs, and WHEREAS, the Pride & Purpose Project and other community based organizations will show visible and unified prevention education efforts launched to eliminate the demand for drugs; and WHEREAS, the Pride & Purpose Project further commits to utilize its resources to ensure to the success of the Red Ribbon Campaign in Oakley, California.

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 October 23-31, 2022, as Red Ribbon Week and encourages its youth and citizens to participate in drug prevention activities making a visible statement that we strongly support a drug-free life amongst our youth in Oakley, CA.

October 11, 2022
_________________
Randy Pope, Mayor
9 Proclamation
Recognizing October as Breast Cancer Awareness Month
WHEREAS, breast cancer is the second most commonly diagnosed form of cancer for women in the United States, in 2022, an estimated 287,850 new cases of invasive breast cancer are expected to be diagnosed in women in the U.S and about 2,710 new cases in men; and
WHEREAS, breast cancer remains the second leading cause of cancer death among American women. It is projected that it will claim 43,250 women in the United States in 2022; and WHEREAS, although men are not as susceptible to developing this form of cancer as women, 2,710 men are expected to be diagnosed with breast cancer this year. While survival rates for men and women with breast cancer are similar at parallel stages, men report symptoms less frequently, and are therefore at a greater risk of developing an advanced case of breast cancer before detection; and WHEREAS, death rates from breast cancer have been declining, and this change is believed to be the result of earlier detection and improved treatment; and
WHEREAS, mammography, an “x-ray of the breast”, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; and WHEREAS, researchers, scientists, numerous nonprofit organizations, and breast cancer survivors are dedicated to discovering the cure for breast cancer. During the month of October, we acknowledge the extraordinary commitment and effort invested in this cause, and support those who are working towards a cure; and
WHEREAS, we recognize the breast cancer survivors among us and honor their faith and courage. Over two and a half million American breast cancer survivors today give us hope of a better future for those affected by breast cancer.

NOW, THEREFORE, BE IT RESOLVED that I, Randy Pope, Mayor of the City of Oakley, do hereby proclaim October 2022 as Breast Cancer Awareness Month and encourage all Americans to learn the facts about breast cancer, invest in a healthy future by exercising regularly, maintaining a healthy diet, and limiting alcohol use, and obtain regular breast cancer screenings. __________________________
Randy Pope, Mayor
10 Minutes of the Special Meeting of the Oakley City Council, Board of Directors of Diablo Water District and Board of Directors of Ironhouse Sanitary District held September 26, 2022

1.Call Meeting to Order and Roll Call
The joint special meeting was called to order at 6:02 p.m. at the Big Break Regional Shoreline Visitor Center Conference Room located at 69 Big Break Road, Oakley, California. Phone conference was made available for the meeting. Vice Mayor Aaron Meadows and Councilmembers George Fuller and Sue Higgins were in attendance.

Mayor Randy Pope and Councilmember Anissa Williams were absent.

2.Pledge of Allegiance to the Flag
Chad Davisson, General Manager of Ironhouse Sanitary District, led the Pledge of Allegiance to the Flag.

3.Public Comments (on non-agenda items)
An online comment was submitted by Leonard Price to the City of Oakley. He confirmed his opposition to the Delta Conveyance Project.

4.Stop the Delta Tunnel/Delta Conveyance Project

4.1 Stop the Delta Tunnel/Delta Conveyance Project
Speakers: Osha R. Meserve (Soluir Meserve, A Law Corporation) and Ryan Hernandez (Contra Costa County)
Staff Recommendation: Confirm or Reaffirm Opposition to the Delta Conveyance Project
Osha R. Meserve with Soluir Meserve, A Law Corporation and Ryan Hernandez with Contra Costa County presented regarding the Stop the Delta Tunnel/Delta Conveyance Project.

Vice Mayor Meadows asked if the Oakley City Council would want to entertain a motion to confirm or reaffirm opposition to the Delta Conveyance Project.

It was moved by Councilmember Fuller and seconded by Councilmember Higgins to oppose the Delta Conveyance Project. Motion was unanimous and so ordered. (3-0)

5.Adjournment
There being no further business, the meeting was adjourned at 7:33 p.m. 11 Date: September 28, 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 OCTOBER 11, 2022 Background and Analysis
The City Council considered the following closed session item during its regular meeting held September 27, 2022:

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2). One potential case.

Direction was provided to staff and there was no reportable action.

Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.

MEMORANDUM
Office of the City Attorney
12 STAFF REPORT
Approved and Forwarded to the City Council
DATE: Tuesday, October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approve second reading of Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each ensuing fiscal year thereafter solely within and relating to City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services) Background and Analysis
Vesting Tentative Maps 9156, 9311, 9401, and 9404 within the East Cypress Corridor (“ECC”) Specific Plan are collectively known as the Cypress Preserve (the “Project”).

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

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

In December of 2006, the East Contra Costa County Habitat Conservation Plan Association, which included Contra Costa County (the “County”), the City of Oakley (the “City”), and other local government entities, completed preparation of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP”). The purpose of the HCP/NCCP is to conserve species covered by the HCP/NCCP while allowing for compatible economic development and growth in east Contra Costa County and the cities of Brentwood, Clayton, Oakley, and Pittsburg (collectively the “Cities”). For this purpose, the HCP/NCCP includes a conservation strategy that will establish a system of habitat preserves linked to existing protected land to form a network of protected areas (the 13 “Preserve System”). The East Contra Costa County Habitat Conservancy (the “Conservancy”) was established on April 16, 2007, pursuant to a joint powers agreement amongst the County and the Cities, to serve as the implementing entity for the HCP/NCCP responsible for overseeing the assembly and day-to-day operations of the Preserve System. The services provided by the Conservancy (the “HCP/NCCP Services”) include, but are not limited to, program administration, management, maintenance, monitoring, and research associated with the Preserve System.

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

The City received a signed petition from the Developer requesting the formation of Community Facilities District No. 2022-1 (“CFD No. 2022-1”) to satisfy the condition of the Take Authorization Agreement related to the formation of a community facilities district. On August 9, 2022, the City Council adopted Resolution No. 84-22 (“Resolution of Intention”), declaring its intention to establish CFD No. 2022-1. The Public Hearing pursuant to the Resolution of Intention was held on Tuesday, September 27, 2022 and the Notice of Public Hearing was published in the East County Times on September 16, 2022. The rate and method of apportionment of special tax was attached to the Resolution of Formation as Exhibit B thereto. Also, the Boundary Map was recorded with the Contra Costa County Recorder’s office as required by the CFD Act.

On September 27, 2022, the City Council took the following actions:
 Adopted Resolution No. 103-22 which formed CFD No. 2022-1;  Adopted Resolution No. 104-22 which called for a special land owner election to authorize the levy of special taxes within CFD No. 2022-1 for FY 2023-24 and each fiscal year thereafter;
 Held the special land owner election and subsequently adopted Resolution No. 105-22 declaring the results of the election, which was a unanimous vote in favor of the levy of special taxes; and
14  Introduced Ordinance No. 14-22 authorizing the levy of a special tax commencing in Fiscal Year 2023-24 and each fiscal year thereafter solely within and relating to CFD No. 2022-1.

As required by the CFD Act, the notice of special tax lien was recorded with the Contra Costa County Recorder’s office after the September 27, 2022 City Council meeting.

The second reading and final adoption of Ordinance No. 14-22 is the purpose of this Council item. Should Council adopt the Ordinance, the City Clerk is required to publish the Ordinance within 15 days after its passage in a newspaper of general circulation.

Publication of the Ordinance will complete the process to authorize the levy of special taxes within CFD No. 2022-1 commencing in Fiscal Year 2023-24.

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

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

Fiscal Impact
There will be no financial impact to the City's General Fund. The Developer for the Project has funded all costs associated with the formation of CFD No. 2022-1. The maximum annual special tax rate for CFD No. 2022-1 to fund HCP/NCCP Services and CFD administration, in FY 2022-23 dollars, is $119.66 per Detached Single-Family parcel.

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

As specified in the Resolution of Formation Exhibit “B” (Rate and Method of Apportionment of Special Tax), the annual maximum special tax shall be increased by applying the percentage increase, if any, in the Consumer Price Index for San Francisco-Oakland-Hayward, CA (All Urban Consumers) for the prior year (April to April) to the maximum special tax in effect for the current fiscal year. Each annual 15 adjustment of the maximum special tax shall become effective on the subsequent July 1.

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

Staff Recommendation
Staff recommends that the City Council adopt the following Ordinance:

1. Ordinance No. 14-22 authorizing the Levy of a Special Tax.

Attachments

1. Ordinance No. 14-22 authorizing the Levy of a Special Tax. 16 Ordinance No. 14-22 Page 1 of 3
ORDINANCE NO. 14-22

ORDINANCE LEVYING SPECIAL TAX

CITY OF OAKLEY
Community Facilities District No. 2022-1
(HCP/NCCP Services)
SECTION 1. FINDINGS
A. The City Council (this “Council”) of the City of Oakley (the “City”) has adopted a resolution entitled “A Resolution of Intention to Establish a Community Facilities District” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services)” (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to fund certain municipal services (the “Services) as provided in the Act.

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

C. Upon the conclusion of the hearing, this Council adopted a resolution entitled “A Resolution of the City Council of Formation of Community Facilities District” (the “Resolution of Formation”), pursuant to which it completed the Proceedings for the establishment of the CFD, the authorization of the levy of the Special Tax within the CFD and the calling of an election within the CFD on the propositions of levying the Special Tax and establishing an appropriations limit within the CFD, respectively.

D. On September 27, 2022, a special election was held among the landowner voters within the CFD at which such voters approved such propositions by the two-thirds vote required by the Act, which has been confirmed by resolution of this Council.

SECTION 2. By the passage of this Ordinance, the Council hereby authorizes and levies the Special Tax within the CFD pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2023-24 and in each fiscal year thereafter to pay for the Services for the CFD, as contemplated by the Resolution of Formation and the Proceedings and all costs of administering the CFD. 17 Ordinance No. 14-22 Page 2 of 3
SECTION 3. The Finance Director or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.

SECTION 4. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Resolution of Formation.

SECTION 5. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION 6. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent Special Tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Contra Costa in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Contra Costa for fiscal year 2023-24 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

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

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

SECTION 9. This Ordinance shall take effect 30 days from the date of final passage. 18 Ordinance No. 14-22 Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 11th day of October 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Randy Pope, Mayor
ATTEST:
______ ________________
Libby Vreonis, City Clerk Date
19 Ord. No. 13-22 Page 1 of 5
ORDINANCE NO. 13-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING OAKLEY MUNICIPAL CODE CHAPTER 4.38 (SINGLE-USE FOODWARE

ACCESSORIES AND CONDIMENTS) IN ORDER TO COMPLY WITH
REQUIREMENTS OF ASSEMBLY BILL 1276 (2021)
Findings
WHEREAS, on October 5, 2021, Governor Newsom signed Assembly Bill (AB) 1276 into law prohibiting a food facility or a third-party food delivery platform from providing singleuse food accessories, such as cutlery, straws, and condiment packets, to a consumer unless requested by the consumer; and
WHEREAS, AB 1276 revised the state law by expanding the scope of AB 1884 from fullservice restaurants to food facilities, which generally includes all retail food operations; expanded the scope from single-use plastic straws to single-use foodware accessories, which includes utensils, condiments, and straws (but does not include napkins); and revised the enforcement obligation to allow cities and counties to enforce the provision; and
WHEREAS, AB 1276 is designed to reduce excess packaging and undesired condiments and prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the consumer from taking only the item desired; and WHEREAS, in order to comply with AB 1276, the City Council of the City of Oakley now wishes to adopt an ordinance adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to Title 4 (Public Health, Safety, and Welfare Regulations) of the Oakley Municipal Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer, and authorizing City and County enforcement.

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

SECTION 1. Chapter 4.38 of Title 4 of the Oakley Municipal Code, titled, “Single-Use Foodware Accessories and Condiments” is hereby added in its entirety as follows:
“CHAPTER 38

SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS

4.38.102 Definitions.

For the purposes of this Chapter only, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:
20 Ord. No. 13-22 Page 2 of 5
a. “Consumer” means a person is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.
b. “Correctional Institution” means any state prison, county jail, city jail, Division of Juvenile Justice facility, county- or city-operated juvenile facility, including juvenile halls, camps, or schools, or any other state or local correctional institution, including a court facility.
c. “Food Facility” means any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, regardless of whether the food is consumed on or off the premises or whether there is a charge for the food.
d. “Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, is raw or partially cooked food of animal origin and the consumer is advised as such, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. e. “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
f. “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:

1. Utensils, which is defined as forks, knives, spoons, and sporks.

2. Chopsticks.

3. Condiment cups and packets.

4. Straws.

5. Stirrers.

6. Splash sticks.

7. Cocktail sticks.
g. “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including, but not limited to, ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
h. “Third-party food delivery platform” has the same meaning as in section 113930.5 of the Health and Safety Code.

4.38.104 Food Facilities Shall Not Provide Single-Use Foodware Accessory or Condiment Package Unless Requested.
21 Ord. No. 13-22 Page 3 of 5
a. Except as provided in (C) and (D), below, a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
b. Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of singleuse foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment. c. A food facility may ask a drive-through consumer if the consumer wants a singleuse foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
d. A food facility that is located entirely within a public use airport, as defined in section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. e. A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.

1. If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
f. Nothing in this section shall prohibit a food facility from making unwrapped singleuse foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.
g. Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.
22 Ord. No. 13-22 Page 4 of 5
h. Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer. i. A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.

4.38.106 Exceptions.

This chapter does not apply to any of the following:
a. Correctional Institutions.
b. Health care facilities licensed pursuant to Article 1 of Chapter 2 of Division 2 of the Health and Safety Code (commencing with section 1250), or facilities that are owned or operated by a health care service plan licensed pursuant to the KnoxKeene Health Care Service Plan Act of 1975 (commencing with Health & Safety Code section 1340).
c. Residential care facilities licensed pursuant to Division 2 of the Health and Safety Code (commencing with section 1200).
d. Public and private school cafeterias.

4.38.108 Enforcement.
a The City Manager or the City Manager’s designee has the primary responsibility for the enforcement of this chapter. The City Manager or the City Manager’s designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a food facility as part of their regular inspection functions and reporting any alleged violations to the City Manager or the City Manager’s designee.
b If any of those individuals specified in (a) above determine that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of the food facility that a violation has occurred and the potential penalties that will apply for future violations
c The first and second violations of this Chapter shall result in a notice of violation.

Any subsequent violation shall constitute an infraction punishable by a fine of 23 Ord. No. 13-22 Page 5 of 5
twenty-five dollars ($25) or each day in violation, but not to exceed three hundred dollars ($300) annually.”
SECTION 2. California Environmental Quality Act.

This project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for the Protection of the Environment, because AB 1276 is designed to reduce plastic waste associated with excess packaging and undesired condiments. The intended outcome of implementing this Ordinance is to decrease plastic in the landfill as well as plastic pollution in the streets and waterways of the City of Oakley.

SECTION 3. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

PASSED, APPROVED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
24 Ordinance No. 15-22 Page 1 of 3
ORDINANCE NO. 15-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING SECTIONS 2.9.002 THROUGH 2.9.012 OF THE CITY OF OAKLEY CONFLICT OF

INTEREST CODE TO ADOPT AND INCORPORATE BY REFERENCE THE TERMS OF 2 CALIFORNIA CODE OF REGULATIONS SECTION 18730 AND ANY

AMENDMENTS TO IT DULY ADOPTED BY THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) AND REPEALING SECTIONS 2.9.014 THROUGH 2.9.020 OF

THE OAKLEY MUNICIPAL CODE
The City Council of the City of Oakley does ordain as follows:

Section 1. Section 2.9.002 through 2.9.012 are hereby amended to read as follows:
“2.9.002 Purpose
The Political Reform Act prohibits public officials from using their official position to influence governmental decisions in which they have a financial interest. A conflict of interest code identifies all officials and employees within the agency who make governmental decisions based on positions they hold and those persons must disclose their financial interests by filing the Fair Political Practices Commission form called the Statement of Economic Interests (Form 700). In appropriate circumstances, official and employees should be disqualified from acting in order that conflicts of interest may be avoided.

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

2.9.006 Filing and Retention of Fair Political Practices Commission Statements of Economic Interests (Form 700)
Individuals holding designated positions shall file their statements of economic interests with the City, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). Upon receipt of statements being filed pursuant to Gov. Code Sec. 87200, the City shall make and retain copies and forward the 25 Ordinance No. 15-22 Page 2 of 3
originals to the Fair Political Practices Commission. All other statements will be retained by the City. Originals and copies of all statements shall be maintained in accordance with Fair Political Practices Commission retention guidelines. The provisions of this section shall not prohibit electronic filing of statements of economic interests.

2.9.008 Positions Stated in Government Code Section 87200 Positions including, but not limited to City Councilmembers, Planning Commissioners, City Manager, City Attorney and Finance Director, and candidates for any of these positions, shall file the Fair Political Practices Commission Statement of Economic Interests form (Form 700) in accordance with Government Code Section 87200 et seq.

2.9.010 Ethics Training
Positions stated in Sections 2.9.006 and 2.9.008 are required to complete ethics training within thirty (30) days of assuming the position and every two (2) years thereafter until separation from the position.

2.9.012 Amendments to Appendix Designating Positions and Disclosure Categories
Amendments to designated positions and disclosure categories may be made by adoption of a resolution by the Oakley City Council.”
Section 2. Sections 2.9.014 through 2.9.020 of the Oakley Municipal Code are hereby repealed.

Section 3. Severability.

In the event that any section or portion of this ordinance shall be determined to be invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. California Environmental Quality Act (“CEQA”) finding.

This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Review for Exemption, because it can be seen with certainty that this ordinance will not have a significant effect on the environment; therefore, it is not subject to CEQA.

Section 5. Effective Date and Publication.

This ordinance shall take effect and be in force and effect thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed 26 Ordinance No. 15-22 Page 3 of 3
ordinance in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

PASSED, APPROVED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ _________________
Libby Vreonis, City Clerk Date
27 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Fiscal Year (FY) 2022/23 First Quarter Report on the Capital Improvement Program
Background and Analysis
This report summarizes the status of the various projects in the City of Oakley Capital Improvement Program (CIP) at the end of the First Quarter for FY 2022/23.

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

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

The following highlights some of the projects and their progress in the First Quarter of FY 2022/23 (July-September 2022):

1. Oakley Regional Community Park Project
Project # 176
Schedule: Project Master Planning will start in 2023
Budget: $3,547,859 Local Fund, Grant Amount to be determined in the future Funding Source: State Grant, Community Park Fund, and Park Impact Fee This project transforms a 55-acre site at the end of Sellers Avenue that was given to the City as part of the development agreements with the Emerson and Gilbert Ranch development projects. This site had several older structures related to a dairy farm that had been closed for decades. The first phase of this project was to demolish the old and abandoned structures, which were a safety concern, and to clean up the site. This task was accomplished in the summer of 2019. In March of 2021, the City applied for a State Proposition 68 grant to fund the first phase of this project and did not qualify for the grant. The 28 construction of the Oakley Regional Park will span several years as funding is secured through a combination of Grants and local funds. There will be a master planning of this park that will take place in 2023 to solicit input from the community as to the features desired for incorporation in this park and develop a new concept plan that can be used for grant funding process.

2. Downtown Gateway Plaza and Infrastructure Improvement Project Project # 205
Schedule: Design is complete, and the project is in the bidding phase Budget: $6,500,000
Funding Source: General Capital Projects Fund, Measure J Fund, Gas Tax Fund
The Downtown Gateway Plaza and Infrastructure Improvement Project will complement a new San Joaquin Joint Power Authorities train platform station located north of Main Street in the general area between 2nd Street and O’Hara Avenue. The San Joaquin Joint Power Authorities has secured the grant funding for the design and construction of the new platform station and will operate the train platform station after its construction. This train platform station is strategically located in downtown, adjacent to the Main Street Gateway Plaza and its associated parking lot. The roadway improvements and parking lot are designed and will be constructed by the City. The new parking lot is anticipated to provide over 300 parking spaces and is a big part of the future growth for Downtown Oakley. It is anticipated that the construction of this project will start in early 2023.

3. FY 2022/23 Curb, Gutter and Sidewalk Reconstruction Project Project # 275
Schedule: Design is underway
Budget: $150,000
Funding Source: Gax Tax Fund
This project repairs and replaces damaged concrete curb, gutter, and sidewalk in the community as part of the 50-50 cost sharing program between the City and property owners. This project has been successfully implemented for the past few years and continued into FY 2022/23. This project has helped to provide safe pedestrian facilities and reduce liability and claims for trip and fall accidents.
29 4. East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project
Project # 247
Schedule: Design is complete, and the project is in the bidding phase Budget: $8,900,000
Funding Source: Traffic Impact Fee Fund
The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic demands on this road. This project will reconstruct East Cypress Road from Knightsen Avenue to Jersey Island Road.

The improvements will include a 6-lane roadway, curb, gutter, sidewalks, streetlights, traffic signal, and underground utility infrastructure. The widening will stop just short of the Contra Costa Canal where the developer to the east of the canal is responsible to continue the widening and improvement of East Cypress Road to Bethel Island Road. The design of this project is complete, and the project is in the bidding phase. The construction is anticipated to start in early 2023.

5. Downtown Parking Lot Construction Project
Project # 215
Schedule: Construction is complete
Budget: $3,979,000
Funding Source: Main Street Fund, General Capital Fund
This project, in continuing the implementation of the Strategic Goals of the City Council to improve and enhance Downtown Oakley; constructed a new parking lot and associated street infrastructure on the north side of Main Street and the Norcross Lane intersection. This new parking lot is located behind the Entrepreneur Center and the new Oakley Mercantile Building and will serve the greater downtown merchants and their customers.

6. Oakley Civic Center Emergency Generator Project
Project # 228
Schedule: Construction is underway
Budget: $197,500
Funding Source: General Capital Fund
The Civic Center facility is the center of government in Oakley. which handles all critical functions for the community residents, including Police services. The current facility does not have a standby emergency generator to address the frequent PG&E power outages that take place in this region. This project will 30 install an emergency generator which will provide electricity to the entire Civic Center facility in times of power emergencies. The new generator has been delivered and installed and the city is currently working with PG&E to coordinate the power transfer to the new generator prior to the start-up of operations. Once this PG&E task has been completed, the generator will be on standby and ready to supply electricity during future power outages. It is anticipated that the construction work will be completed before end of 2022.

7. Holly Creek Restroom Construction Project
Project # 248
Schedule: Construction is underway
Budget: $450,000
Funding Source: Park Impact Fee Fund
This project will construct a permanent restroom facility at Holly Creek Park.

The demand for City of Oakley recreational fields continues to grow, particularly for organized sports such as Baseball and Soccer leagues. The field at Holly Creek Park is one of the favorites and a much-desired field in Oakley for leagues to use for sporting activities. This park does not have any restroom facilities which necessitates the placement of portable toilets at this park. This approach has created many operational and sanitary issues and is not a sustainable solution to address the need for a public restroom facility. This project will construct a permanent restroom facility at this park, like the restroom facility that was constructed at the Koda Dog Park. The construction of this project is currently underway, and it is anticipated that the construction work will be completed by the end of 2022.

8. Recreation Center Emergency Generator Project
Project # 249
Schedule: Construction is underway
Budget: $300,000
Funding Source: ARPA Fund
This project will install an emergency generator at the Oakley Recreation Center facility. The Recreation Center campus is the center of recreational activities for the Oakley community, and currently does not have a back-up power source. In periods of PG&E power outages, the operations at the Recreation Center that require electricity comes to a halt. This project will install an Emergency Generator behind the Recreation Center building to provide stand-by power during periods of PG&E power outages to ensure that the Recreation Center operations will continue uninterrupted. 31 9. Laurel Road Extension Project (Teton Road to Sellers Avenue) Project # 273
Schedule: Preliminary Design is underway
Budget: $300,000
Funding Source: Traffic Impact Fee Fund
This Project will extend Laurel Road from Teton Road to Sellers Avenue providing an alternate and much needed secondary route for the residents of far east Oakley along East Cypress Road. Currently, the only major access in and out of far east Oakley is via East Cypress Road. This current route along East Cypress Road passes by an elementary and middle school and crosses the Burlington Northern Santa Fe (BNSF) railroad tracks. Traffic volumes have increased over the years and continue to grow with the new housing developments in far east Oakley. Extending Laurel Road from Teton Road to Sellers Avenue will provide a much-needed direct access to Highway 4 and job centers in the Bay Area and reduce traffic congestion from East Cypress Road.

This project will construct a new bridge across the BNSF railroad tracks and construct a new 4-lane roadway with curb, gutter, sidewalks, medians, and streetlights. In addition, a new traffic signal will be constructed at the intersection of Laurel Road and Sellers Avenue. The preliminary design of this project is underway which will determine the Right of Way needs of the project. Staff will be working on the Right of Way acquisition process and securing funding for this project which is estimated to be nearly $40M.

10. Laurel Road Widening Project (O'Hara Avenue to Cloverbrook Avenue Project # 280
Schedule: Design is underway
Budget: $2,500,000
Funding Source: Traffic Impact Fee Fund
Laurel Road from O'Hara Avenue to Cloverbrook Avenue is the last section of Laurel Road that needs to be widened and improved. Laurel Road is a major Arterial Road and the City's designated truck route with a direct connection to Highway 4. This section of Laurel Road has not been widened or improved due to the lack of Right of Way and is starting to deteriorate due to the large volume of vehicles that use Laurel Road every day. Staff is working with the property owners at the intersection of Laurel Road and O’Hara Avenue to obtain the necessary right of way for the roadway widening. The design of this project will begin promptly and will require major utility relocation of the Western Area 32 Power Administration (WAPA) utility poles as a part of this project. This entire project will span over 3 to 4 years to complete, due to the complex nature of its various components.

11. Enrico Cinquini Park Construction Project
Project # 281
Schedule: Design is underway
Budget: $3,500,000
Funding Source: Park Impact Fee Fund
The developer of the Stonewood Subdivision, a collection of 262 lots, was conditioned to construct a new park (Enrico Cinquini Park) at the intersection of Rose Avenue and Carpenter Road. The obligation of the developer is the total amount of their Park Impact Fee ($2.1M), which would not be sufficient to construct this park and its associated facilities and features. As a result, the City will design and construct this park by utilizing the Park Impact Fee obligation of the developer, as well as supplementing it with additional City Park Impact fees.

The beautiful and feature packed park for the community will include a new natural turf field, site grading, landscaping and irrigation, a half basketball court, a bocce ball court, a cornhole court, a splashpad water feature, a playground, and a covered picnic area.

12. City Hall Rooftop Solar Power Project
Project # 286
Schedule: Construction is underway
Budget: $5,500,000
Funding Source: Public Facility Impact Fee Fund
This project will install solar panels on the roof of the Civic Center to provide the electricity needed for the operation of the Civic Center facilities in a sustainable and environmentally friendly approach. The implementation of this project will reduce the carbon footprint of the Civic Center operations which is a part of the new Strategic Goals for the City.

13. Senior Center Roof and HVAC Repair and Replacement Project Project # 288
Schedule: Bidding is underway
Budget: $80,000
Funding Source: CDBG Fund
33 The City of Oakley has leased the former fire station building located at 215 2nd Street to the Oakley Senior Citizens group. The roof is starting to deteriorate and needs to be restored before the rainy season, and the HVAC system is also failing and inadequate for the space. The rehabilitation project includes roof restoration and replacing the HVAC system to accommodate the needs of the Senior Center and its users. This work will be funded by the Community Development Block Grant (CDBG) funds, as well as the City of Oakley’s matching funds.

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

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

Staff Recommendation
The Oakley City Council should provide comments and input to staff on the CIP report for the First Quarter of FY 2022/23.
34 DATE: October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Acceptance of work associated with the Construction Contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project – Capital Improvement Project (CIP) Number 246 Background and Analysis
The City’s adopted FY 2020/21 Capital Improvement Program (CIP) Budget designates funding for the City’s adopted FY 2020/21 Capital Improvement Program which designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

Each year the pavement conditions change due to wear and tear; and the streets must routinely undergo preventative maintenance to ensure their functionality. The City uses this annual project to perform rehabilitative and preventative maintenance on the public street network.

The City uses this annual project to perform rehabilitative and preventative maintenance on the public street network through a series of crack sealing, slurry sealing, pavement overlays, and removal and replacement of the asphalt surface and base on streets where it is needed.

The successful completion of this project is a major step forward in keeping the public streets in the community in great condition and enhances the quality of life for the residents.

The project included street repair and resurfacing on Miguel Drive and Teixeira Way, Live Oak Avenue and Brownstone Road.

On June 14, 2022, the City Council awarded a contract to R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project – CIP 246. This work has been successfully completed by R&R Pacific Construction, Inc.

STAFF REPORT
Approved and Forwarded to the City Council
35 Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.

Fiscal Impact
The authorized budget for the construction of this project was $2,525,012.00. This project was completed on time and under the authorized budget for a complete total of $2,428,089.74.

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

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

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

Staff Recommendation
Staff recommends that the City Council adopt the Resolution accepting Capital Improvement Project Number 246 – Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project as constructed by R & R Pacific Construction, Inc. to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING THE WORK AS COMPLETE BY R&R PACIFIC CONSTRUCTON INC., FOR CAPITAL IMPROVEMENT PROJECT NUMBER 246 – FISCAL YEAR (FY) 2020/2021 STREET

REPAIR AND RESURFACING PROJECT
WHEREAS, Pavement Engineering Inc., prepared the plans, specifications, and estimates for Capital Improvement Project (CIP) Number 246 – Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project; and
WHEREAS, on June 14, 2022, by adopting Resolution No. 53-22, the City Council awarded a construction contract to R&R Pacific Construction Inc., for the construction of the FY 2020/2021 Street Repair and Resurfacing Project - CIP Number 246; and WHEREAS, R&R Pacific Construction Inc., has satisfied the contractual requirements necessary for the acceptance of the FY 2020/2021 Street Repair and Resurfacing Project - CIP Number 246 to be deemed complete in the amount of $2,428,089.74.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the FY 2020/2021 Street Repair and Resurfacing Project - CIP Number 246 is hereby accepted as complete.

BE IT FURTHER RESOLVED AND ORDERED, that the City Clerk is hereby directed to file a Notice of Completion for the FY 2020/2021 Street Repair and Resurfacing Project - CIP Number 246 with the County Recorder.

PASSED, APPROVED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

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

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

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

NOTICE OF COMPLETION
Capital Improvement Project Number 246 – Fiscal Year (FY) 2020/2021 Street Repair and Resurfacing Project
NOTICE IS HEREBY GIVEN THAT:

The CITY OF OAKLEY, a political subdivision of the State of California, did, on June 14, 2022, enter into an agreement with R&R Pacific Construction, Inc., for the construction of Capital Improvement Project (CIP) Number 246 – FY 2020/2021 Street Repair and Resurfacing Project, with work located on Live Oak Avenue, Brownstone Road, Miguel Drive and Teixeira Way.

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

The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete CIP Number 246 – FY 2020/2021 Street Repair and Resurfacing Project.

On October 11, 2022, said contract, as a whole was completed and the work was accepted by the City Council of the City of Oakley.
______________________________________________________________________

VERIFICATION
I have read the foregoing NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this 11th day of October 2022 at Oakley, California.

Date: ______________ By:

Libby Vreonis, City Clerk
City of Oakley, California

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

RECORDATION OF THIS DOCUMENT
38 STAFF REPORT
Approved and Forwarded to the City Council
Date: October 11, 2022
To: Josh McMurray, City Manager
From: Kevin Rohani, P.E. Public Works Director/City Engineer Subject: Authorize the City Manager to execute a Construction Agreement with Martell Water Systems, Inc. for the Construction of Capital Improvement Project Number 265 – Irrigation Well Installation Project at the City's Freedom Basin Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program (CIP) Budget designates funding for various infrastructure 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 for our residents.

In the past, the City has used the water from an irrigation well located at Freedom High School, which is property that is owned by the Liberty Union High School District (LUHSD). The City has used this well to irrigate the City's Freedom Basin. There have been numerous breakdowns on this well and its pump system each year, resulting in damaged turf and landscaping that cannot be irrigated in the hot summer months to provide the massive amount of irrigation water needed for this field.

City staff has tried to work with LUHSD to keep this well and pump system operational; however, we have not been able to reach a resolution. It is not sustainable for the City to operate with this irrigation well and its instability.

This project will install a new irrigation well on City property adjacent to O’Hara Avenue next to the City owned storm drain basin, more commonly known as Freedom Basin. This new well will provide the City with an independent, stable, and continuous source of water to irrigate the large field that is used by an assortment of leagues for sporting activities. In addition, the new well will provide irrigation water for the large areas of landscaping on City property.

Staff has worked over the past several months with Martell Water Systems, Inc., to develop a proposal for the design and construction of an irrigation well and pump system that can accommodate this project’s needs. Martell Water Systems, Inc. specializes in installing irrigation wells and pump systems in the East Contra Costa County region. Martell Water Systems, Inc. has successfully worked on other City irrigation well projects, such as the Recreation Center and the Dog Park sites, as well as numerous other wells throughout this region. It is anticipated that the construction of this project will start in fall 2022, so the new well will be ready for the start of the irrigation season in spring 2023. 39 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 goals
Fiscal Impact
The funding for this project is allocated from the Park Impact Fee Fund.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Martell Water Systems, Inc. for the construction of CIP Project Number 265 – Irrigation Well Installation Project at the City's Freedom Basin and authorizing the City Manager to enter into an agreement for a not to exceed amount of $209,575.

Attachments
1) Resolution
2) Martell Water Systems, Inc. Proposal
40 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 APPROVE A CONSTRUCTION AGREEMENT WITH MARTELL WATER SYSTEMS, INC. FOR THE CONSTRUCTION OF AN IRRIGATION WELL INSTALLATION PROJECT AT THE CITY'S FREEDOM BASIN – CAPITAL IMPROVEMENT PROJECT NUMBER 265
WHEREAS, as part of the Fiscal Year 2022/23 Budget the City of Oakley approved a 5- Year Capital improvement Program (CIP); and
WHEREAS, Project Number 265 is to install an irrigation well at the City’s Freedom Basin; and
WHEREAS, staff solicited a proposal from Martell Water Systems, Inc. for the construction of this project, who specializes in the construction of irrigation wells in the east Contra Costa County region; and
WHEREAS, Martell Water Systems, Inc. has submitted a comprehensive proposal for the construction of CIP Project Number 265 for an amount not to exceed $209,575; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from Martell Water Systems, Inc. for the construction of CIP Project Number 265 for an amount not to exceed $209,575, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute said agreement.

PASSED, APPROVED AND ADOPTED this 11th day of October 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______
Libby Vreonis, City Clerk Date
41 42
43 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Authorize the City Manager to Execute a Consulting Agreement with Callander Associates Landscape Architecture, Inc. for Landscape Architectural Design Services for the Enrico Cinquini Park Construction Project – Capital Improvement Project Number 281
Background and Analysis
The City’s adopted Capital Improvement Program (CIP) 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.

One of the key projects in the City’s CIP is enhancing the park infrastructure in the community.

The property is located at the northwest corner of the Rose Avenue/Carpenter Road intersection, adjacent to the new residential neighborhoods. The property that will encompass the new park is approximately 4.5 acres and is currently a vacant piece of land with no improvements on it.

The developer of the Stonewood Subdivision, a collection of 262 lots, was conditioned to construct a new park (Enrico Cinquini Park) at the intersection of Rose Avenue and Carpenter Road. The obligation of the developer is the total amount of their Park Impact Fee ($2.1M). This amount is not sufficient to construct this park and its associated facilities and features. The estimated cost for this park is approximately $3M.

Staff determined that constructing a park with the funds allocated from the developer would not be in the best interest of the community. It is in the best interest of the City to design and construct this project and supplement the developer funding with City park Impact Fee funds to construct a beautiful and feature packed park for the community. The features of the park will include a new natural turf field, site grading, landscaping and irrigation, a half basketball court, a 44 bocce ball court, a cornhole court, a splashpad water feature, a playground and a covered picnic area.

Staff prepared a Request for Proposal for selection of a design consultant. A total of three (3) proposals were received in response to the City’s RFP process. A staff panel performed a review of the proposals and qualifications of the consultants who participated in this process. At the conclusion of this process, Callander Associates Landscape Architecture, Inc. was identified with the highest rank and most qualified firm to undertake this design project. Callander Associates Landscape Architecture, Inc. also provided the lowest design cost for the project which confirmed their selection as the best suited firm to design this project.

This firm is one of the top landscape architectural consultants in the bay area with in-depth expertise in design and development of parks and related infrastructure improvement projects for a wide range of municipalities.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Park and Open Space Goal.

Fiscal Impact
Approval of this resolution will accept the proposal and authorize the City Manager to execute a design agreement with Callander Associates Landscape Architecture, Inc. for a cost not to exceed $262,794. The funding for this project will be provided from the Park Impact Fee Fund and developer contribution.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Callander Associates Landscape Architecture, Inc. for landscape architectural design services associated with Project Number 281 – Enrico Cinquini Park Construction Project, and to authorize the City Manager to enter into an agreement for a not to exceed amount of $262,794.

Attachments

1. Resolution

2. Callander Associates Landscape Architecture, Inc. Proposal 45 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 CALLANDER ASSOCIATES LANDSCAPE
ARCHITECTURE, INC. FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES

ASSOCIATED WITH ENRICO CINQUINI PARK CONSTRUCTION PROJECT, CAPITAL IMPROVEMENT PROJECT NUMBER 281 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, as part of the Fiscal Year 2022/23 Budget, the City of Oakley approved a 5- Year Capital improvement Program (CIP); and
WHEREAS, Project Number 281 is to design the improvements for the Enrico Cinquini Park Construction Project; and
WHEREAS, after a formal review and evaluation of the proposals from three (3) design consultants, Callander Associates Landscape Architecture, Inc., was selected as the top qualified firm to perform this design service; and
WHEREAS, Callander Associates Landscape Architecture, Inc. has submitted a proposal to prepare landscape architectural design services for CIP Project Number 281 for an amount not to exceed $262,794; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal with Callander Associates Landscape Architecture, Inc. for the preparation of landscape architectural design services, and cost estimates for CIP Project Number 281 for an amount not to exceed $262,794, in the form attached hereto as Exhibit A, and authorizes the City Manager to execute into the agreement.

PASSED, APPROVED AND ADOPTED this 11th day of October 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______ _____
Libby Vreonis, City Clerk Date
46 Proposal of Landscape Architecture Services for

DESIGN SERVICES AND PREPARATION OF PLANS,

SPECIFICATIONS, AND COST ESTIMATE FOR
CIP NO. 281 - ENRICO CINQUINI PARK CONSTRUCTION PROJECT

City of Oakley
August 9, 2022
47 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281

ORANGE PARK PLAYGROUND, SOUTH SAN FRANCISCO
48 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281

FITNESS COURTS, HAYWARD & SAN LEANDRO
The Hayward Area Recreation and Park District (HARD) was committed to installing state of the art fitness clusters at multiple locations throughout the District. HARD had succeeded in identifying general locations but was struggling to identify specific locations within each site. So they turned to Callander Associates for help. CALA staff sat down with the client and identified key criteria. These included: high visibility, adjacency to a main park pathway or sidewalk, and minimal impact to lawn areas.

With criteria identifed multiple sites emerged and the project was able to move ahead again. As of February 2020, these facilities have been installed and are proving to be immensely popular.
49 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 1/21

COVER LETTER
August 9, 2022
Kevin Rohani
Public Works Director
City of Oakley, Public Works Department
3231 Main Street, Oakley, CA 94561
925-625-7003
[email protected]
Dear Kevin,
The development of a new community park that honors the longtime community leader and veteran Enrico “Rico” Cinquini is an exciting opportunity. Located at the intersection of Rose Avenue and Carpenter Road this 4.5-acre site is part of the adjacent development currently under construction.

With great access and visibility, the park will provide easy access for nearby residents and welcome amenities. The city has taken over development responsibility of the park and is now working to realize the majority of the vision presented within the conceptual plan.

In general, this is a straight forward project and process designed to be efficient and cost effective.

However, there are a few potential project pitfalls that we have addressed in our approach and scope of work to ensure a smooth delivery process for the city. These include; • We are committed to realizing these park improvements within the city’s available budget.

Program, design, material, and process choices can have adverse effects on the budget. • The desired splash pad without a restroom raises code issues since CBC treats splash pads like public pools requiring similar support facilities. CALA has navigated these issues and can help the city explore the options to achieve “water play” and cooling within the available budget. • Lastly, the RFP does not anticipate a public process however it may be a wise political move to provide at least limited opportunities for the community to provide input as the design is refined.

It is with great excitement that we submit this proposal to you for consideration. You will find within how our culture, skill set, and approach have been crafted with the above challenges in mind.

Sincerely,
Brian Fletcher, President
Callander Associates Landscape Architecture, Inc.
1633 Bayshore Highway, Suite 133
Burlingame CA, 94010
[email protected]
(650)375-1313
50 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 2/21 51 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 3/21

2. PROJECT UNDERSTANDING AND APPROACH

PROJECT UNDERSTANDING
Our visit to the project site, neighboring facilities, and discussions with you have provided a much more enhanced understanding of the project. Originally envisioned as a developer-built project, the city took over the effort to ensure that the final park met programming and level of design that the city required. The transfer of funds from the developer also helped to set the $3.5M all in budget.

The previously developed landscape concept plan, and related city comments, provides a clear direction to begin design refinements and project implementation. The 4.5-acre site is meant to support the adjacent neighborhood with open unprogrammed turf, play area, picnic areas and shelters, gaming including bocce and cornhole, a half court basketball court, fitness stations, loop walking path, and supporting facilities. A key element is the desired splash pad however the plan and estimate do not include a restroom at this point (more on this later).

The plan review comments provided represent a clear roadmap for refinements. These include perimeter rail fencing, better distribution of amenities, technical requirements such as separate meters, and desired material choices to name a few.

PROJECT APPROACH
To further expand on our approach to the potential project pitfalls:

BUDGET MANAGEMENT
It is our responsibility to provide you a project that meets your initial construction budgets as well as reducing the burden of long-term maintenance. Specifically for your project our budget management will focus on design choices and accurate estimation.

Design Choices early in the process can have both short- and long-term budget implications. Our first effort will be to evaluate the existing concept plan for design efficiencies that could reduce overall costs or reallocate budget to underfunded elements. Three examples of this include; • Pathway redundancy – The plan currently calls for a duplicate pathway that runs parallel to sidewalks along Rose Avenue and Carpenter Road. Removing the concrete interior walk could reduce significant concrete costs without impacting park usability. • Central Picnic Shelter – The plan currently calls for two separate covered picnic areas and an arched steel trellis. As we redistribute the amenities it may be possible to combine covered picnic areas into a single larger shelter.
• Consolidate Fitness Stations – Consider a more modern take on outdoor fitness by doing a single larger cluster of equipment rather than multiple smaller stations. Or better yet consider a submitting a grant for a fitness court through National Fitness Campaign. We recently installed three of these for the Hayward Recreation District.

For our estimating, CALA continually monitors and tracks the bidding climate through careful analysis of recent bid results combined with contractor outreach. Our goal is to create highly detailed and accurate projections of construction costs. Our commitment is to never submit an estimate to you that is over your budget without giving you specific options for cost reductions to consider. Additionally, we will not present a plan to the public that we are not confident to be within your budget. 52 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 4/21

NAVIGATING THE SPLASH PAD
In the RFP and our discussions, it was clear that the city was not anticipating a restroom as part of this project. Unfortunately, this raises code issues related to the proposed splash pad (aka spray ground).

CALA has navigated the options related to spray grounds, and ancillary facilities, for our clients.

It is important to first understand how the California Building Code (CBC) treats spray grounds. CBC defines a SPRAY GROUND as a pool with no standing water in the splash zone and consists of a surge basin with a recirculation system from which water is directed through water features for contact with pool users. This pool definition then triggers several requirements including; • 3116B.1 - Shower and dressing facilities shall be provided for users of a pool. • 3116B.2.1 Showers - One shower shall be provided for every 50 pool users. • 3116B.2.2 Toilets - Separate toilet facilities shall be provided for each sex. One toilet shall be provided for every 60 women or less and one toilet plus one urinal for every 75 men or less.

We understand the need for water play in Oakley due to the extreme heat. To move this forward we are prepared to help you navigate the options including; • Include the spray ground at this park as a second phase if budget does not allow. Included necessary infrastructure so that it can be easily installed at a later date without impact to newly built improvements.
• Explore the use of play area cooling systems (single post misters) that do not fall under the definition of a spray ground therefore do not require a restroom, shower, etc. • Explore options for prefabricated restrooms and prepackaged spray ground kits that provide cost effective solutions and re-direct budget found through design efficiencies (see prior section).

DESIGN REFINEMENTS AND PUBLIC PROCESS
The concept plan will go through a design refinement process however, there isn’t any community outreach or public process as part of the RFP scope. That may be appropriate since this is a park associated with a new development, however we have found that it is often politically prudent to provide some level of input, or project updates, as part of the process. To facilitate this, we will ensure that all materials are provided in electronic format and are of presentation quality. This way materials can be easily provided on the city webpage, put into a simple electronic survey, or presented as part of a Commission or Council meeting. These are all very cost-effective means of ensuring opportunities for input.

2. PROJECT UNDERSTANDING AND APPROACH
OLD TOWN PLAZA | City of Elk Grove
53 Pathway Redundancy
Remove interior concrete
pathway.

Approximate cost savings:
$50,000.00
Consolidate Fitness
Stations:

Consolidate multiple
smaller stations into one
larger fitness station.

Approximate cost savings:
$5,000.00
(Assuming with grant
from National Fitness
Campaign)
Central Picnic Shelter:

Consolidate two covered
picnic shelters and
arched steel trellis into a
single large shelter.

Approximate cost savings:
$80,000

ENRICO CINQUINI PARK
Oakley, California

COST SAVING ANALYSIS
NTS

2. PROJECT UNDERSTANDING AND APPROACH
5-6/21
54 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 7/21

2. PROJECT UNDERSTANDING AND APPROACH
To assist you in these efforts, we would propose to complete the following tasks in chronological order.

The items shown in bold-face italics are documents that we would prepare as part of our tasks.

1.0 Analysis and Concept Design

1.01 Kick-Off Meeting: Prepare for and participate in a single project kick-off meeting with city staff.

Discuss anticipated improvements and project intent, scope, and budget. In preparation for the meeting prepare a project schedule and discuss key milestones at the meeting. Provide schedule updates as needed throughout the design process. Prepare meeting agenda and summary.

1.02 Data Gathering: Obtain available information from city and as-built utility plans from various utility companies. This includes previously developed concept plans and estimates. Identify any needs for additional information.

1.03 Geotechnical Report: BSK will prepare a geotechnical report for the proposed site. Report shall focus on underlying soils conditions and provide recommendations for pavements, drainage, grading, etc.

1.04 Topographic Survey: Prepare topographic survey for the project site. Survey will be prepared in AutoCad at a minimum of 20 scale and indicate existing features, contours at one-foot intervals, tree locations and trunk diameter, existing surface utilities, etc. Below ground utilities, property lines, right of ways, easements, etc. will be drafted from available records, parcel maps and/or existing title reports made available by the City. If additional utility company coordination and/ or title searches are necessary than those can be provided for an additional service.

1.05 Site Reconnaissance: With topographic survey in hand, conduct a site reconnaissance of the site to confirm features, adjacent land uses, evaluate condition of existing trees and plant materials, identify potential electrical and irrigation points of connection, etc. Photograph site for studio and presentation purposes.

1.06 Preliminary Concept Alternatives: Based upon information obtained from above, proceed to develop up to two design alternatives to illustrate variations and refinements from the original concept plan. Concepts will maintain consistency program and intent of the original concept but will illustrate design variations, value engineering, and incorporate constructability improvements. Plans will be prepared at 20 scale or larger. Plans will be colored for presentation purposes.

1.07 Inspiration Image Boards: Prepare a series of inspiration image boards that facilitate better understanding of proposed design alternatives and convey proposed materials.

1.08 Estimates of Probable Construction Costs: Prepare an estimate of probable construction costs for each design alternative. Estimates will be broken down into individual construction items and unit prices will be based upon recent bid results and discussions with contractors/vendors.

Estimate will include all identified soft costs, construction contingencies, and will be compared to available budgets. If estimate is over the budget CALA will identify areas of cost reduction for review.

SCOPE OF WORK
55 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 8/21

1.09 Review Meeting: Attend one meeting with city Staff to present & discuss preliminary design concepts. Receive feedback from the city and confirm direction for proceeding. Submit meeting summary.

1.10 Preferred Concept Plan Package: The goal of the preferred concept plan package is to confirm design choices and budget decisions so that we can begin construction documents. It would also allow us to eliminate the 35% submittal and move right to 65% saving time and design fees without sacrificing quality control. The package shall include; a. Preferred Concept Plan: Based upon input from above, proceed to refine designs and prepare a single preferred concept plan and inspiration image boards. b. Play Area Alternatives: Work with vendor to develop up to two play area alternative equipment layouts and presentation materials.
c. Design Development Booklet: Prepare an 8 ½ x 11 design development booklet for the purpose of confirming design direction for key details, materials and furnishings palette, plant list, and irrigation materials. Booklet to contain a combination of catalog cuts, material lists, and images.
d. Points of Connection: Coordinate and establish points of connection for all necessary utilities. Summarize in memo form including process.
e. Estimate of Probable Construction Costs: Refine estimate of probable construction costs based upon new design plan.

1.11 Review Meeting: Attend one meeting with city Staff to present & discuss preferred concept package. Receive feedback from the city and confirm direction for proceeding. Submit meeting summary.

2.0 Design Development (optional task)

2.01 Design Development – 35% Submittal: Based upon input, proceed to develop construction drawings to a 35% level of completion. Plans will be prepared in AutoCad. Plan set shall include:
a. Cover Sheet
b. Existing Conditions Plan
c. Demolition Plan
d. Drainage I Utility Plan
e. Grading Plan
f. Layout Plan
g. Draft Construction Details
h. Draft project specifications (outline)
i. Estimate of Probable Construction Costs.

Submit 35% Package (three sets will be provided) to the city for review.

2.02 Review Meeting: Review the above submittal and previous comments in a single meeting with city staff. Obtain comments and provide written meeting summary.

2. PROJECT UNDERSTANDING AND APPROACH
56 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 9/21

2. PROJECT UNDERSTANDING AND APPROACH

3.0 Construction Documentation

3.01 Construction Documents – 65% Submittal: Based upon input, proceed to develop construction drawings to a 65% level of completion. Plans will be prepared in AutoCad. Plan set shall include:
a. Cover/Signature Sheet.
b. Existing Conditions/Survey Plan.
c. Storm Water Pollution Prevention Plan.
d. Demolition Plan.
e. Grading Plan.
f. Drainage/ Utility Plan.
g. Site Construction / Park Layout Plan.
h. Irrigation Plan
i. Planting Plan
j. Construction Details for the above items.
k. Specifications
l. Estimate of Probable Construction Costs
m. Response to comments
Plan set will be reviewed by a CALA plan checker not part of the design team for Quality Control prior to submitting to the city. Submit 65% Package (three sets will be provided) to the city for review.

3.02 Review Meeting: Review the above submittal and previous comments in a single meeting with city staff. Obtain comments and provide written meeting summary.

3.03 Construction Documents – 90% Submittal: Based upon input, proceed to develop construction drawings to a 90% level of completion. Plans will be prepared in AutoCad and response to comments memo will be submitted. It is not anticipated that this project will require a building permit prior to going out to bid. Items such as shade structural design, play equipment footings, and potential restroom are anticipated to be pre-fabricated items and structural design will be handled as a deferred submittal on the contractor. Submit 90% Package (three sets will be provided) to the city for review.

3.04 Review Meeting: Review the above submittal and previous comments in a single meeting with city staff. Obtain comments and provide written meeting summary.

3.05 Construction Documents – Bid Submittal: Based upon input received, proceed to refine documents and (1) hard copy and electronic copy of signed bid set including plans, technical specifications, bid form, estimate, and log of comments. Plan set will again be reviewed by a CALA plan checker to ensure comments have been addressed.

4.0 Construction Support Services (not included)
57 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 10/21

3. QUALIFICATIONS

HAVING THE RIGHT TEAM
The strength of an office lies not only within each individual staff member, but also in the accumulated experience of the project team working together on similar assignments. CALA is pleased to introduce a seasoned staff of landscape architects, and subconsultants, who will be working directly with the City to realize these improvements.

CALLANDER ASSOCIATES
Project Manager
Zachary Katz, PLA, RQP
Principal in Charge/QA-QC
Brian Fletcher, PLA, ASLA LEED AP

PRIME CONSULTANT

SUBCONSULTANTS
Project Designer
Dania Castro
Neighbors,
Stakeholders & Community

CIVIL/SURVEY
Freyer & Laureta, Inc.

Richard J. Laureta, P.E.

ELECTRICAL
Sacramento Engineering Consultants
Rickert Henricksen, ME, EE, FPE, LEED AP
Himanshu Bhartiya, ME, EE, FPE, LEED AP

GEOTECHNICAL
BSK
Cristiano Melo, PE, GE
58 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 11/21

3. QUALIFICATIONS

ABOUT THE FIRM
Since 1973, Callander Associates (CALA) has helped public agencies create vital outdoor spaces for the betterment of their communities.

Those 49 years of specialization in public projects includes the full range of services, from pre-project feasibility and funding through construction management and refurbishment. Our firm works closely with design professionals and the community on public and private projects to facilitate creative and comprehensive design possibilities and to provide clients with integrated design services. These services include site planning and design, regulatory agency submittals and reviews, and construction administration services. Our ability to collaborate with neighbors, departmental staff, and other stakeholders has been a cornerstone of our clients’ success.

SERVICES INCLUDE:
• Planning and feasibility
studies
• Alternatives analysis
• Capital improvement
planning
• Community workshops
and informal meeting
facilitation
• Presentation graphics
• Public outreach mailer
design (flyers, newsletters,
postcards)
• User needs assessments
and opinion surveys
• Project scheduling
• Coordination of site utilities
• Conceptual, schematic,
and preliminary design
• Visual simulations
• Subconsultant contracting
and coordination
• Construction cost
estimating
• Construction documents
(CAD drafting and
specification writing)
• Bidding and contractor
selection assistance
• Permit and regulatory
agency assistance
• Construction management
• Record document
preparation
• Post-construction
evaluation

GREAT PEOPLE

BUILDING

COMMUNITY

THROUGH EXCEPTIONAL SERVICE
and INDELIBLE DESIGN
IN-HOUSE CAPABILITIES:

With three offices and over 24 team members, our culture is centered around hiring and fostering staff that love the art and craft of landscape architecture. With that we have encouraged staff to obtain additional education to help supplement our needs and to support their continued education. The following is a brief list of our in-house capabilities:
• Playground Safety Auditors
• In-house full time Construction Manager
• Certified Arborist
• Certified irrigation auditor and designers
• QSP and QSD Certified Prof.
• SITES and LEED Accredited Prof.
• Certified Bay friendly Designers
• CPTED Certified Professionals
59 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 12/21

3. QUALIFICATIONS
Sacramento Engineering Consultants was established in 1989, by Rickert Henriksen.

Originally a two-person firm, we have flourished to become a 25 person company serving the engineering needs of the Sacramento area, California and 49 other states.

Sacramento Engineering Consultants was created to provide practical engineering expertise to the construction industry at a reasonable cost. High construction and energy costs necessitate practically designed electrical, HVAC, and fire protection systems SUBCONSULTANT - Electrical Engineering
Sacramento Engineering Consultants
SUBCONSULTANT - Geotechnical Engineering
BSK Associates
Founded in 1966 in Fresno, BSK Associates (BSK) is a 100 percent employee-owned, California-grown firm with a 35+ year presence in the Bay Area. BSK provides geotechnical and environmental engineering, construction observation, materials testing, special inspection, and analytical chemistry laboratory services. They have built a lifelong track record of providing support to Capital Improvement Projects and currently employ a staff of approximately 200 with offices and laboratories throughout California, Oregon, and Washington. BSK’s Bay Area office is located at 399 Lindbergh Avenue in Livermore. .

SUBCONSULTANT - Civil Engineering
Freyer & Laureta, Inc.

F&L is an award winning consulting firm that provides planning, design, and construction consultation services. Their mission is to provide our service in a timely, cost effective manner while delivering a quality product, resulting in project success and their client’s satisfaction.

For over 20 years, F&L has been busy serving clients. Schooled with a solid understanding of civil engineering principles and practices, they have adapted the science of civil engineering to meet the evolving values and objectives of their clients by challenging ourselves to go beyond traditional solutions and bring comprehensive problem solving and enthusiasm to their work.
60 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 13/21

3. QUALIFICATIONS
OLD TOWN PLAZA | City of Elk Grove
CALA assisted the City of Elk Grove in realizing their vision for a park and community event/gathering space to help improve the economic vitality of the historic Old Town district of the City. The robust program featured a large open air pavilion to host events, concert lawn, gateway plaza, picnic areas, permeable paving, drought tolerant planting, and supporting facilities. Through community outreach CALA worked to refine the previously developed master plan and strategized the use of semi-custom pre-fabricated structures to reduce costs and duration required to develop construction documents while maintaining the rustic, historic feel of the district.

STOJANOVICH FAMILY PARK | City of Campbell
CALA led a multi-disciplinary team for the planning and design of this 1.3-acre park. Our firm’s services included implementation of the public process, design development, preliminary engineering, and final design. The park is located in the heart of Campbell, surrounded by high-density/multi-family residential housing and in walking distance from major retail centers and the Los Gatos Creek Trail. The site previously supported fruit processing and drying with the original fruit drying shed still intact on the property. The City wished to honor their history through the creation of a unique and exciting park with amenities such as: adaptive re-use of the fruit drying shed, a “heritage orchard”, play areas, public art, restroom facilities, and picnic and BBQ facilities.
61 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 14/21

3. QUALIFICATIONS
PASSATEMPO PARK | City of Dublin
CALA provided outreach and design services for a 5.1-acre neighborhood park in the Sorrento East Development. From the three design alternatives developed, the Natural Systems concept emerged as the preferred option. In this concept, the play area connects to a stream bed acting as a ‘headwaters’ of the seasonal stream, and boulders are placed in the play area and transition into the stream bed.

The play equipment selection was inspired by a tree fort and the surrounding seating is more informal with boulders and seat walls. A sensory garden was incorporated into the north side of the plaza and the vineyards along eastern property line have been expanded. Shade trees and the shade structure have were included in the plaza area to provide shade at picnic areas as well as higher use areas.

SHASTA PARK | City of Sacramento
Shasta Park is a community park opened
in the Sacramento neighborhood of North
Laguna. The park is comprised of 20 acres
and includes a new 20,000 s.f. library, a
20,000 s.f. community center, fully-lit ballfields,
onsite parking, skate park node, basketball
and tennis courts, a wedding area, and a
library/storybook themed play area. Young
adventurers play alongside literary elements
from such classics as Moby Dick, Treasure
Island, Swiss Family Robinson, and 20,000
Leagues Under the Sea. CALA worked closely
with the architects to site the buildings, meet
with the community, and to serve as the
prime consultant throughout all phases of the
project.
62 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 15/21

PROJECT MANAGER ZACHARY KATZ, PLA, RQP
Since joining CALA in 2012, Zach has proven himself to be a very versatile member of our staff, contributing to everything from plan preparation and visual simulations to construction detailing and development of plans in compliance with
ReScape (formerly Bay Friendly) Design Guidelines. Zach’s passions include sustainable design and many projects have benefited from the thoughtful approach he brings to all of his work. Zach’s expertise in the use of cutting edge rendering platforms, such as Sketchup, has been key to the development of very high quality graphics.

EDUCATION
B.S. Landscape Architecture
University of Oregon

CERTIFICATIONS/REGISTRATIONS
California LA #6170

ORGANIZATIONS
ReScape Qualified Professional
(RQP)
10 years with CALA
Key Project Experience
Rumrill Park, San Pablo
Laurie Meadows Park, San Mateo
Orange Memorial Park Master Plan, South San Francisco
Dutch Slough, Oakley
Regional Park Advancement, Oakley
Ocean View Park, Half Moon Bay
Oakley Community Center, Oakley
Old Town Plaza, Elk Grove
Emeryville Greenway, Emeryville
Werder and Destination Park, San Mateo
Centennial Way Trail Master Plan Update, South San Francisco Mission Road Park Site, South San Francisco
Sports Field Renovations, Hayward
Crocker Industial Park, Brisbane
Kennedy Park Master Plan, Napa

4. STAFFING
63 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 16/21

4. STAFFING
Since joining Callander Associates in 1996 Brian has quickly risen through the ranks to become a principal and the president of the firm. His dedication to the design and community engagement process has not gone unnoticed and as a result Brian has been recognized by ASLA with a National Honor Award and he has been invited to speak at a variety of conferences. He has overseen the implementation of variety of multi-million dollar recreational projects throughout the greater SF Bay Area. Brian will utilize this extensive background to evaluate the integrity of the documents, their legibility, and coordination between plans, specification, and disciplines and provide feedback.

Education
B.S. of Landscape Architecture,
Cal Poly, SLO
Certifications/Registrations
California LA #4671
Leadership in Energy and
Environmental Design (LEED)
Accredited Professional
Organizations
Member, American Society of
Landscape Architecture (ASLA)
Member, Urban Land Institute
Presentations
Presenter, “Community
Enhancement through Trails”,
Annual Trails and Greenways
Conference
Presenter, “Active Spaces”,
San Mateo County Public
Health Conference
25 years with CALA
Key Project Experience
Passatempo Park, Dublin
Old Town Plaza, Elk Grove
Stojanovich Park, Campbell
Dutch Slough, Oakley
Laurie Meadows Park, San Mateo
Oakley Regional Park Advancement, Oakley
Vista Montana 5 Acre Park, San Jose
Crestview Park, San Carlos
Plaza del Sol, Sunnyvale
Orange Memorial Park Master Plan, South San Francisco
Centennial Way Trail Master Plan, South San Francisco
Napa Parks Assessment, Napa
Santa Rosa Parks Assessment, Santa Rosa
Bedwell Bayfront Park Master Plan, Menlo Park
Devany Square Park, Dublin
Educational Park Branch Library, San Jose
Cooley Landing, East Palo Alto
Rumrill Park, San Pablo
Bay Meadows Community Park Master Plan, San Mateo
Fremont Park, Menlo Park
Orchard Heritage Park, Sunnyvale

PRINCIPAL IN CHARGE BRIAN FLETCHER, PLA, ASLA, LEED AP
64 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 17/21

4. STAFFING
Dania began her journey with CALA just over four years ago where she brought her strong critical thinking experience within the design-build realm along with her passion for sustainable design.

Currently pursuing her license, Dania is a one-of-a-kind designer who roots her inspiration from everything around her. Whether it’s coming from community members at public outreach events or the site itself, her ability to immerse herself and empathize fuels her motivation in order to provide creative solutions that have transformed the projects on which she works.

Education
B.S. in Landscape Architecture,
Cal Poly Pomona
Certifications/Registrations
Project Management Training,
PSMJ
4 years with CALA
Key Project Experience
Old Town Plaza, Elk Grove
Oakley Regional Park Advancement, Oakley
Linden Avenue Park Study, South San Francisco
Oliver Sports Park, Hayward
Orange Memorial Park Master Plan, South San Francisco
Willow Oaks Park Master Plan, Menlo Park
Burgess Park, Menlo Park
Ocean View Park, Half Moon Bay
Centennial Way Trail Master Plan, South San Francisco
Gateway Sign Implementation, South San Francisco
Grantline Business Park Gateway Sign, Elk Grove
Nevada Street Improvements, Pleasanton
Fire Damaged Roadways, Santa Rosa
40th and San Pablo Medians, Emeryville

PROJECT DESIGNER DANIA CASTRO
65 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 18/21

4. STAFFING SUBCONSULTANT
CIVIL
Rich Laureta has broad experience in civil engineering design and construction. In his 29 years of professional engineering experience, he has participated in the design, project management, and construction coordination of private sector engineering projects, as well as city, county, state and federal rehabilitation projects. His broad experience gives him the knowledge necessary to be an integral part of multidisciplined teams in the planning, design and installation of challenging civil engineering projects. The combination of his design experience and his expertise in computer-aided drafting ensures accurate design drawings. His experience and dedication to the profession allows him to be a contributor to the success of diverse engineering projects. EDUCATION B.S. in Civil Engineering,
Calpoly San Luis Obispo

PROFESSIONAL

REGISTRATIONS
Civil Engineer, California
RICHARD J. LAURETA, P.E.
• Sports Field & Dog Park, Oakley
• City of Oakley Amphitheater
• Children’s Park, Mission Bay, San Francisco
• Linear Park, Sports Park & Dog Run; Commons Park, San Francisco • Treasure Island, Stages 2 & 3; University of California, San Francisco • Mission Bay – Residential Area, Park NP 1-2, Park NP 3-5, & Park P16 projects, San Francisco
• Mission Bay Drive & Circle Project; Blocks 29 - 32 & 33 - 34 Utility Master Plan, South of Channel (Chase Center); Long Range Development Plan

SIMILAR PROJECT EXPERIENCE
66 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 19/21

4. STAFFING SUBCONSULTANT

GEOTECHNICAL
Mr. Melo is the branch manager at BSK’s Livermore office. He will serve as the lead geotechnical engineer and project manager for the geotechnical engineering aspects of this contract. Mr. Melo is a licensed Civil and Geotechnical Engineer in the State of California with nearly 20 years of engineering experience throughout the San Francisco Bay Area and beyond, supporting projects from design through construction. His experience includes geotechnical investigations for numerous public works/capital improvements projects, including park projects.

EDUCATION
MS, Civil Engineering,
University of Idaho
BS, Civil Engineering,
University of Idaho

PROFESSIONAL

REGISTRATIONS
Civil Engineer, California,
No. 64025, 2002
Civil Engineer, Nevada,
No. 27349 2020
Geotechnical Engineer,
California, No. 2756, 2007

CRISTIANO MELO, PE, GE
• Oakley Recreation Center, Oakley
Mr. Melo was the Project Manager and lead geotechnical
engineer for the investigation and construction monitoring services for a new recreation center in Oakley. The project includes two approximately 10,000-square foot buildings, an amphitheater, an athletic field with natural turf, asphalt concrete paved parking and driveways, concrete flatwork, bleachers, and a baseball backstop for the athletic field, fences, underground utilities, landscaping, bioswales/infiltration basins, and a new traffic signal. Phase 1 of construction was completed in 2018.
• Wallis Ranch Community Park, Dublin
Mr. Melo served as the Project Manager and lead geotechnical engineer for the geotechnical investigation for a new approximately 9-acre park located in the Wallis Rach Community of Dublin set on three parcels along Rutherford Drive and cut across by Tassajara Creek. The cost of the project is estimated at approximately $6.7 million.
• Ken Mercer All Abilities Playground and Skate Park, Pleasanton Mr. Melo serves as Senior Geotechnical Reviewer on two design contracts supporting the landscape architect. Skate Park planned improvements include construction of new skate park bowl that will extend up to approximately 12 feet deep below existing ground surface. Geotechnical engineering for the 1.5-acre playground will support construction of shade structures, playground equipment, a restroom building, picnic areas, and flatwork
Additional Project Experience
• Via Toledo Park, Hayward, CA
• Grove Park Improvements, Berkeley
• Clover Park, Dublin
• Valley View Park, Castro Valley
• Sandalwood Park Renovation, Milpitas
• Fallon Sports Park Phase 3 Improvements, Dublin

SIMILAR PROJECT EXPERIENCE
67 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 20/21 ELECTRICAL ENGINEER: Sacramento Consulting Engineers (SEC) Electrical Engineer

RICKERT HENDERSON, ME, EE, FPE, LEED AP
Education
B.S. in Electrical Engineering,
University of Michigan
Certifications/Registration
Electrical, Mechanical and Fire Protection
registration in 50 states.

LEED Accredited Professional.

For over thirty years, as President and Principal
of Sacramento Engineering Consultants, Rick
has personally designed or directly overseen
the successful completion of thousands of
challenging and diverse projects, including:
innovative HVAC systems, plumbing systems,
lighting, power, signal systems, computer
networks, security systems, emergency
power on high rise buildings, hospitals, office
buildings, schools, and federal and state
buildings. High and low voltage interior and
exterior distribution systems are an area of
particular expertise.

Rick is able to provide final mechanical,
electrical and fire sprinkler constructability
review and excellent coordination.

One example would be, 860 Charter Street,
in Redwood City, which included: Code
minimum compliant electrical distribution,
electrical lighting in new bathroom,
conference room, and warehouse space, as
well as power to 4 – 10 ton roof units.

Electrical Engineer

HIMANSHU BHARTIYA, ME, EE, FPE, LEED AP
Education
B.S. in Engineering, Michigan
Technological University
Certifications/Registrations
California – M34132, E16945, FP 1588
Licensed in 47 additional states and Guam
LEED Accredited Professional
Himanshu has over 30 years of experience in
design and project management, working
on projects from the design development
stage through final construction documents.

He utilizes his knowledge and experience
to oversee design and coordination on all
projects for which he is responsible.

At Sacramento Engineering Consultants,
Himanshu has engineered a multitude of
projects, including: 40,000sf San Mateo
Sheriff’s offices, starting from a 5-story cold
shell building. This project consisted of New
lighting, controls, circuitry, and light fixture
schedule, new power and data/telecom
plan, circuitry, receptacle control, new power
distribution, power distribution, panelboards,
panel schedules, load summaries, power to
new outdoor 120-ton VAV units, VRF 8-ton
mechanical unit, indoor fan coil units, boiler
system pumps, exhaust fans, fire smoke
dampers, control panels. Also, power to two
elevators, elevator rooms power, lighting,
telephone outlet, fire alarm panels, and
equipment.

4. STAFFING SUBCONSULTANT
68 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 21/21

5. REFERENCES

GREG MEDIATI
Parks Manager
City of South San Francisco
33 Arroyo Dr. South
San Francisco, CA 94080
(650) 829-3897
[email protected]

ROSEMARY ALEX
Parks and Facilities Development Coordinator
City of Dublin
100 Civic Plaza
Dublin CA, 94568
(925) 833-6646
[email protected]

KRISTIN PARSONS, PE
Deputy Public Works Director - Engineering
Public Works Department
City of Elk Grove
8401 Laguna Palms Way
Elk Grove, CA 95758
(916) 478 -2255
[email protected]

MEGHAN TIERNAN
Capitol Planning and Development Director
Hayward Area Recreation and Park District
1099 ‘E’ Street
Hayward CA, 94541
(510) 881-6712
[email protected]
69 Callander Associates Landscape Architecture Fee Summary Enrico Cinquini Park Construction Project - CIP NO .281 August 8, 2022
Overall
Freyer + Laureta - civil Sacramento Engineering Consultants (SEC) - electrical BSK Associates - geotechnical
Basic Services
CA F +L BSK SEC Totals
Task 1 Analysis and Concept Design 47,176.00 $ 27,665.00 $ 11,000.00 $ - $ $85,841.00 Task 3 Construction Documentation $ 36,757.00 93,546.00 $ - $ 13,750.00 $ $144,053.00 reimbursable expenses (allowance) - $ - $ - $ - $ $0.00 Total Fees $ 64,422.00 140,722.00 $ 11,000.00 $ 13,750.00 $ $229,894.00 Total Basic Services $229,894
Task 2 Design Development (lump sum) $ 5,704.00 7,373.00 $ - $ 1,100.00 $ $14,177.00 Restroom and Sprayground Design (lump sum) $ 3,795.0 12,178.00 $ - 0 $ 2,750.0 $ $18,723.0 0 0 Total base Price + Optional Services $ 73,921.0 160,273.00 $ 11,000.0 0 $ 17,600.0 0 $ 0 $262,794.00 Based on the "Scope of Work" prepared by Callander Associates (as part of our proposal), and the "Task Matrix" dated August 8, 2022 we have prepared the following summary of compensation. All fees are hourly, not to exceed unless otherwise noted. CALA will be the prime consultant on the project with the following subconsultants:

Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel / food), testing and outside services, and other project related expenses Subconsultant Administration cost + 10%
Communications and Insurance Surcharge 2.5% of total fees

2.0 Design Development: Our base price does not include a 35% submittal. We have provided additional information during the Analysis and Concept Design Phase to confirm points of connection, material choices, and other key design decisions that make it possible to eliminate the 35%, and move straight to 65%, without any negative impacts. This is a more efficient delivery process. If the city desires to retain a 35% submittal then this optional task would cover those additional fees.

Optional Services
Restroom & Spray Ground Design: The RFP did not include provisions for a restroom, and this was confirmed during Q&A. Because of this our proposal base price only included evaluation of the alternatives and at most implementation of single point source cooling misters. This optional task would include design, coordination, and construction document preparation for a prefabricated restroom and a prefabricated/kit/package spray ground.

P2855_FEE_CompSummary.xls
© copyrighted 2021 Callander Associates
Landscape Architecture, Inc.
70 Task Matrix
Enrico Cinquini Park Construction Project - CIP NO .281 August 8, 2022
Freyer & Laureta BSK SEC
@ $226 @ $170 @ $139 @ $116 @ $173 Subconsultant Fees Subconsultant Subconsultant Fees Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s1.0 Analysis & Concept Design1.01 Kick-off Meeting 6.0 1,356.00 $ 8.0 1,360.00 $ 6.0 834.00 $ 1.0 116.00 $ - - $ 21.0 3,666.00 $

1.02 Data Gathering - - $ 4.0 680.00 $ 1.0 139.00 $ - - $ - - $ 5.0 819.00 $

1.03 Geotechnical Report 1.0 226.00 $ 4.0 680.00 $ - - $ - - $ - - $ 5.0 906.00 $ 10,000.00 $

1.04 Topographic Survey - - $ 4.0 680.00 $ 1.0 139.00 $ - - $ - - $ 5.0 819.00 $

1.05 Site Reconnaissance - - $ 8.0 1,360.00 $ 12.0 1,668.00 $ - - $ - - $ 20.0 3,028.00 $

1.06 Preliminary Concept Alternatives 6.0 1,356.00 $ 24.0 4,080.00 $ 40.0 5,560.00 $ - - $ - - $ 70.0 10,996.00 $

1.07 Inspiration Image Boards 1.0 226.00 $ 4.0 680.00 $ 6.0 834.00 $ - - $ - - $ 11.0 1,740.00 $

1.08 Estimates of Probable Construction Costs 1.0 226.00 $ 4.0 680.00 $ 8.0 1,112.00 $ 2.0 232.00 $ 2.0 346.00 $ 17.0 2,596.00 $

1.09 Review Meeting 6.0 1,356.00 $ 8.0 1,360.00 $ - - $ 1.0 116.00 $ - - $ 15.0 2,832.00 $

1.10 Preferred Concept Plan Package - - $ - - $ - - $ - - $ - - $ - - $ a. Preferred Concept Plan 4.0 904.00 $ 8.0 1,360.00 $ 24.0 3,336.00 $ - - $ - - $ 36.0 5,600.00 $ b. Play Area Alternatives 1.0 226.00 $ 6.0 1,020.00 $ 6.0 834.00 $ - - $ - - $ 13.0 2,080.00 $ c. Water Play Alternative 1.0 226.00 $ 4.0 680.00 $ - - $ 1.0 116.00 $ 4.0 692.00 $ 10.0 1,714.00 $ d. Design Development Booklet 1.0 226.00 $ 8.0 1,360.00 $ 16.0 2,224.00 $ 2.0 232.00 $ - - $ 27.0 4,042.00 $ e. Points of Connection - - $ 6.0 1,020.00 $ 4.0 556.00 $ - - $ 2.0 346.00 $ 12.0 1,922.00 $ f. Estimate of Probable Construction Costs 1.0 226.00 $ 2.0 340.00 $ 4.0 556.00 $ 1.0 116.00 $ 2.0 346.00 $ 10.0 1,584.00 $

1.11 Review Meeting 6.0 1,356.00 $ 8.0 1,360.00 $ - - $ 1.0 116.00 $ - - $ 15.0 2,832.00 $ SUBTOTAL 1.0 35.0 7,910.00 $ 110.0 18,700.00 $ 128.0 17,792.00 $ 9.0 1,044.00 $ 10.0 1,730.00 $ 292.0 47,176.00 $ 25,150.00 $ 10,000.00 $ - $ Subconsultant Administration 10% 2,515.00 $ 1,000.00 $ - $

3.0 Construction Documentation3.01 Construction Documents - 65% Submittal - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ a Cover/Signature Sheet - - $ 2.0 340.00 $ 6.0 834.00 $ - - $ - - $ 8.0 1,174.00 $ b. Existing Conditions/Survey Plan - - $ 2.0 340.00 $ 8.0 1,112.00 $ - - $ - - $ 10.0 1,452.00 $ c. Storm Water Pollution Prevention Plan - - $ 2.0 340.00 $ 4.0 556.00 $ - - $ - - $ 6.0 896.00 $ d. Demolition Plan - - $ 8.0 1,360.00 $ 12.0 1,668.00 $ - - $ - - $ 20.0 3,028.00 $ e. Grading Plan 4.0 904.00 $ 6.0 1,020.00 $ - - $ - - $ - - $ 10.0 1,924.00 $ f. Drainage/Utility Plan 1.0 226.00 $ 6.0 1,020.00 $ - - $ - - $ - - $ 7.0 1,246.00 $ g. Site Construction/ Park Layout Plan 4.0 904.00 $ 16.0 2,720.00 $ 32.0 4,448.00 $ - - $ - - $ 52.0 8,072.00 $ h. Irrigation Plan 2.0 452.00 $ 12.0 2,040.00 $ 20.0 2,780.00 $ - - $ 2.0 346.00 $ 36.0 5,618.00 $ i. Planting Plan 2.0 452.00 $ 12.0 2,040.00 $ 20.0 2,780.00 $ - - $ 2.0 346.00 $ 36.0 5,618.00 $ j. Construction Details for the above items 2.0 452.00 $ 16.0 2,720.00 $ 24.0 3,336.00 $ - - $ - - $ 42.0 6,508.00 $ k. Specifications 2.0 452.00 $ 8.0 1,360.00 $ - - $ 4.0 464.00 $ - - $ 14.0 2,276.00 $ Proj Manager 1
CA Fees
Principal
Callander Associates' Personnel and Rates
Designer 1 Administrator Construction Man.

P2855_FEE.xls© copyrighted 2020 Callander Associates
Landscape Architecture, Inc.

71 Task Matrix
Enrico Cinquini Park Construction Project - CIP NO .281 August 8, 2022
Freyer & Laureta BSK SEC
@ $226 @ $170 @ $139 @ $116 @ $173 Subconsultant Fees Subconsultant Subconsultant Fees Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s Proj Manager 1
CA Fees
Principal
Callander Associates' Personnel and Rates
Designer 1 Administrator Construction Man.
l. Estimate of Probable Construction Costs 2.0 452.00 $ 2.0 340.00 $ 6.0 834.00 $ 1.0 116.00 $ 2.0 346.00 $ 13.0 2,088.00 $ m. Response to comments - - $ 6.0 1,020.00 $ 4.0 556.00 $ - - $ - - $ 10.0 1,576.00 $

3.02 Review Meeting 6.0 1,356.00 $ 8.0 1,360.00 $ - - $ 1.0 116.00 $ - - $ 15.0 2,832.00 $ - $ - $ - $

3.03 Construction Documents - 90% Submittal 6.0 1,356.00 $ 80.0 13,600.00 $ 96.0 13,344.00 $ 4.0 464.00 $ 4.0 692.00 $ 190.0 29,456.00 $ - $ - $ - $

3.04 Review Meeting 6.0 1,356.00 $ 8.0 1,360.00 $ - - $ 1.0 116.00 $ - - $ 15.0 2,832.00 $ - $ - $ - $

3.05 Construction Documents - Bid Submittal 6.0 1,356.00 $ 36.0 6,120.00 $ 64.0 8,896.00 $ 2.0 232.00 $ 2.0 346.00 $ 110.0 16,950.00 $ - $ - $ - $ SUBTOTAL 3.0 43.0 9,718.00 $ 230.0 39,100.00 $ 296.0 41,144.00 $ 13.0 1,508.00 $ 12.0 2,076.00 $ 594.0 93,546.00 $ 33,415.00 $ - $ 12,500.00 $ Subconsultant Administration 10% 3,341.50 $ - $ 1,250.00 $ hrs CALA Freyer + Laureta BSK SEC

1.0 Analysis & Concept Design 292.00 47,176.00 $ 27,665.00 $ 11,000.00 $ - $

3.0 Construction Documentation 594.00 93,546.00 $ 36,756.50 $ - $ 13,750.00 $ Reimbursables $ - - $ - $ - $
TOTAL COMPENSATION 886.00 140,722.00 $ 64,421.50 $ 11,000.00 $ 13,750.00 $ Optional Services

2.0 Design Development2.01 Design Development - 35% Submittal - - $ - - $ - - $ - - $ - - $ - - $ a Cover Sheet - - $ 1.0 170.00 $ 1.0 139.00 $ - - $ - - $ 2.0 309.00 $ b. Existing Conditions Plan - - $ 1.0 170.00 $ 1.0 139.00 $ - - $ - - $ 2.0 309.00 $ c. Demolition Plan - - $ 1.0 170.00 $ 1.0 139.00 $ - - $ - - $ 2.0 309.00 $ d. Drainage Utility Plan - - $ 2.0 340.00 $ - - $ - - $ - - $ 2.0 340.00 $ e. Grading Plan - - $ 2.0 340.00 $ - - $ - - $ - - $ 2.0 340.00 $ f. Layout Plan 2.0 452.00 $ 4.0 680.00 $ 4.0 556.00 $ - - $ - - $ 10.0 1,688.00 $ g. Draft Construction Details - - $ 4.0 680.00 $ 4.0 556.00 $ - - $ 2.0 346.00 $ 10.0 1,582.00 $ h. Draft Project Specifications (outline) - - $ 2.0 340.00 $ - - $ 1.0 116.00 $ - - $ 3.0 456.00 $ i. Estimate of Probable Construction Costs 1.0 226.00 $ 4.0 680.00 $ 4.0 556.00 $ 2.0 232.00 $ 2.0 346.00 $ 13.0 2,040.00 $

2.02 Review Meeting - - $ - - $ - - $ - - $ - - $ - - $ SUBTOTAL OPTIONAL SERVICES 3.0 678.00 $ 21.0 3,570.00 $ 15.0 2,085.00 $ 3.0 348.00 $ 4.0 692.00 $ 46.0 7,373.00 $ 5,185.00 $ - $ 1,000.00 $ Subconsultant Administration 10% 518.50 $ - $ 100.00 $
Restroom and Spray Ground

3.01 Construction Documents - 65% Submittal 6.0 1,356.00 $ 16.0 2,720.00 $ 16.0 2,224.00 $ 1.0 116.00 $ 2.0 346.00 $ 41.0 6,762.00 $ - $ - $ - $

3.03 Construction Documents - 90% Submittal 4.0 904.00 $ 8.0 1,360.00 $ 8.0 1,112.00 $ 1.0 116.00 $ 2.0 346.00 $ 23.0 3,838.00 $ - $ - $ - $

3.05 Construction Documents - Bid Submittal 1.0 226.00 $ 4.0 680.00 $ 4.0 556.00 $ 1.0 116.00 $ - - $ 10.0 1,578.00 $ - $ - $ - $ SUBTOTAL 3.0 11.0 2,486.00 $ 28.0 4,760.00 $ 28.0 3,892.00 $ 3.0 348.00 $ 4.0 692.00 $ 74.0 12,178.00 $ 3,450.00 $ - $ 2,500.00 $ Subconsultant Administration 10% 345.00 $ - $ 250.00 $
P2855_FEE.xls© copyrighted 2020 Callander Associates
Landscape Architecture, Inc.

72 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 4/7

SCHEDULES OF COMPENSATION
www.callanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 T 650.375.1313 T 916.985.4366 T 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2022 San Jose & Burlingame

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:

Hourly Rates
Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

Principal $226 /hour
Senior Associate $206 /hour
Associate $196 /hour
Construction Manager $173 /hour
Senior Project Manager $177 /hour
Project Manager 1 $170 /hour
Project Manager 2 $160 /hour
Job Captain $149 /hour
Designer 1 $139 /hour
Designer 2 $127 /hour
Assistant Designer $113 /hour
Accounting $172 /hour
Senior Project Administrator $130 /hour
Project Administrator $116 /hour
73 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 5/7

SCHEDULES OF COMPENSATION

CHARGE RATE SCHEDULE
Effective 1/1/22
PROFESSIONAL AND TECHNICAL SERVICES of Freyer & Laureta, Inc. Staff are provided on a fixed fee, or an hourly rate basis as follows:

FIXED FEE
Where a definitive scope of work can be established, many of our clients prefer that a specific fee be agreed upon in advance. Billings are submitted monthly based upon percent complete as of the last accounting day of the month.

HOURLY RATE
Applicable to Plan Preparation, Design and Report services where the scope of work must remain open.

Freyer & Laureta, Inc. utilizes the following hourly charge rate basis for billing purposes.

Production Aide – Clerical $ 90.00
Drafter I - Technical Typist - SurveyTech II $ 95.00
Drafter II -Word Processor $ 100.00
Engineering Tech I -DrafterIII $ 115.00
Staff Engineer I - Engineering Tech II - SurveyTech III $ 135.00 Staff Engineer II - Engineering Tech III - SurveyTech IV $ 140.00 Staff Engineer III - SeniorEngineering Tech $ 145.00
Staff Engineer IV - Survey Tech V –Construction Inspector $ 160.00 Associate Engineer - AssociateSurveyor (L.L.S.) $ 175.00 Senior Engineer - Construction Manager $ 185.00
Senior Construction Inspector $ 185.00
Project Manager – PrincipalSurveyor(L.L.S.) $ 200.00
Senior Project Manager – PrincipalSurveyor(L.L.S) $ 215.00 Associate Principal $ 225.00
Principal $ 240.00
Forensic Engineering $ 330.00
Deposition andCourt Appearance $415.00
Subconsultant, Reproduction, Printing, Travel, Mailing, and Delivery - Cost plus 10% INTEREST CHARGE - Billings are due and payable within 30 days. A monthly interest charge equal to the Federal Discount Rate plus 5% will be applied on the next billing beyond the 30-day payment period.

The foregoing Charge Rate Schedule is incorporated into the Agreement for the Services of Freyer & Laureta, Inc. and may be updated annually.
74 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 6/7

SCHEDULES OF COMPENSATION
BSK Associates - Schedule of Fees - July 1, 2022 to June 30, 2023 (North Prevailing Wage) BSK Fee Schedule 2022-2-NPW Page 1 of 2
PROFESSIONAL STAFF TECHNICAL STAFF (North Prevailing Wage) Principal $ 270.00 Group 1 - Special inspector $ 160.00 Senior Professional $ 240.00 Group 2 - Special Inspector $ 155.00 Project Professional II $ 225.00 Group 3 - Engineering Technician $ 140.00 Project Professional I $ 190.00 Group 4 - Technician $ 125.00 Staff Professional II $ 170.00 Ground Penetrating Radar Scanning Technician $ 300.00 Staff Professional I $ 150.00 Core Drilling Technician $ 230.00 Seismic GIS $ 210.00 Floor Flatness Testing Technician $ 200.00 GIS Specialist $ 150.00 Sample Pickup / Transportation / Delivery $ 115.00 Information Specialist II $ 170.00 Laboratory Technician $ 125.00 Information Specialist I $ 150.00 Administrative Assistant / Clerical $ 95.00 CAD $ 110.00 Litigation support 1.5x standard rate
Project Administrator $ 105.00

BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
REIMBURSABLES Field Work from 0 to 4 hours Bill 4 hours Mileage (Portal to Portal) $ 1.00 Field Work from 4 to 8 hours Bill 8 hours Per Diem (as required) $ 210.00 Field Work over 8 hours / Saturdays Bill time and a half Bridge Toll Cost + 15% Sundays, holidays and over 12 hours Bill double time Parking Fees Cost + 15% Second/Special/Multi-Shift Base Rate x 12.5% Subconsultant Services Cost + 15% Show-up time (no work performed) Bill 2 hours Project Administration Fees 7% of Invoice Sampling or cylinder pickup, minimum charge Bill 2 hours DIR Administration Fees 3% of Invoice
Project Setup (Project) $ 525.00 EQUIPMENT
Nuclear Gauge (Day) $ 67.00
ANALYSIS SOFTWARE USAGE FEES Ultrasonic Weld Equipment (Day) $ 67.00 gINT (Project) $ 62.00 Torque Wrench (Day) $ 67.00
LPile (Project) $ 62.00 Proof Load Equipment (Day) $ 67.00 APile (Project) $ 62.00 Rebar Locator / Pachometer $ 122.00 SHAFT (Project) $ 62.00 Hand Auger (Day) $ 244.00
GROUP (Project) $ 121.00 Water Meter (Day) $ 62.00
Cliq (Project) $ 62.00 Drilling Kit - Paint, stakes and lath - (Project) $ 32.00 LiquefyPro (Project) $ 62.00 Drilling Supplies - Reuse of tubes/caps (Project) $ 305.00 LiqIT (Project) $ 53.00 Manometer (Day) $ 235.00
NovoLIQ (Project) $ 62.00 Double Ring Infiltrometer (Day) $ 608.00 Slide (Project) $ 121.00
Settle3D (Project) $ 121.00 DIR/PREVAILING WAGE ADMINISTRATION FEES (MONTHLY) ArcGIS (Project) $ 62.00 Certified Payroll / DIR Upload $ 300.00 EZ-FRISK (Per Project Site / Site Class) $ 578.00 Non-Performance Certified Payroll / DIR Upload $ 100.00 Subcontractor Managemnet / Compliance Forms $ 100.00
Additional LCP Tracker or Other Compliance Software $ 200.00 Additional Special Forms, as required $ 150.00
Moisture Density Curves California Bearing Ratio (CBR)
Standard Proctor, 4" (ASTM/AASHTO) $ 282.00 CBR at 100% (ASTM D1883 or AASHTO T-180) $ 614.00 Modified Proctor, 4" Mold (ASTM/AASHTO) $ 282.00 CBR at 95% (ASTM D1883 or AASHTO T-180) $ 1,190.00 Modified Proctor, 6" mold (ASTM D1557) $ 300.00
Caltrans Maximum Wet Density (CT 216) $ 257.00 Permeability Tests Check Point $ 163.00 Rigid Wall Permeability (ASTM D2434) $ 338.00 Flexible Wall Permeability (ASTM D5084) $ 527.00
Particle Size Analysis Remolded Flexwall Perm (ASTM D5084) $ 670.00 Sieve Analysis w/ Wash (ASTM D422) $ 205.00
Minus #200 Wash, Soil (ASTM D1140) $ 100.00 Soil Corrosivity Tests Hydrometer Analysis (ASTM D422) $ 269.00 Minimum Resistivity of Soils (CT 643) $ 169.00 Double Hydrometer (ASTM D4221) $ 375.00 pH $ 79.00
Specific Gravity of Soil (ASTM D854) $ 192.00 Soluble Sulfate, Chloride and Sulfide $ 156.00 Visual Classification (ASTM D2488) $ 51.00
Sand Equivalent (ASTM D2419) $ 151.00 Soil Cement Tests % Organics in Soil (ASTM D2974) $ 164.00 Freeze Thaw Abrasion (ASTM D560) $ 751.00 Wetting-Drying Abrasion (ASTM D559) $ 713.00
Atterberg Limits / Swell Tests Preparation of Freeze-Thaw or Wetting-Drying Tests $ 902.00 Plasticity Index (ASTM D4318) $ 263.00 Soil Cement Compression (ASTM D1633) $ 289.00 Shrinkage Limits of Soils (ASTM D427) $ 245.00
Expansion Index of Soils (UBC No. 29) $ 282.00 Other
Sand Density Calibration (ASTM D1566) $ 112.00
Moisture Density Test
Tube Density $ 60.00 Unconfined Compression
Moisture Content of Soils (ASTM D2216) $ 51.00 Unconfined Compression (ASTM D2166) $ 151.00 "R" Value Determination Shear Tests
R-Value of Soils (CT 301) $ 477.00 Direct Shear, Undisturbed (ASTM D3080) $ 263.00 R-Value of Treated Materials (CT 301)) $ 527.00 Direct Shear, Remolded (ASTM D3080) $ 314.00 Triaxial Compression Testing QUOTE
Consolidation Tests
Consolidation (ASTM D2435) $ 502.00
Consolidation , Extra Points (ASTM D2435) $ 67.00
Collapse Potential of Soils (ASTM D2435) $ 245.00
Remolded Consolidation (ASTM D2435) $ 425.00
One-Dimen Swell of Soil (ASTM D4546) $ 156.00

PERSONNEL RATES

MATERIALS LABORATORY TESTS
SOILS
75 City of Oakley Enrico Cinquini Park Construction Project - CIP NO .281 7/7

SCHEDULES OF COMPENSATION
Our hourly rates are as follows:

Principal...................$290.00
Engineer....................$220.00
Senior Designer.............$200.00
Designer....................$140.00
Clerical....................$130.00
76 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt Resolution of Intention to Establish Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services)
Background and Analysis
The property located north of East Cypress Road, east of Bethel Island Road, and south and west of Sandmound Boulevard known as Summer Lake North (the “Project”) is within Planning Area 2 of the East Cypress Corridor Specific Plan. The Project is expected to be comprised of 817 single-family residential units at buildout.

The applicant for the Project, Civic Summer Lake North, LLC (the “Developer”), is conditioned to mitigate the Project’s financial impact on the City’s parks, streetlighting, landscape and stormwater services budgets. The applicant is also conditioned to mitigate the Project’s financial impact on the Reclamation District 799 (“RD 799”) budget related to maintenance services for levee and stormwater improvements to be constructed with the Project.

The Developer has requested the City assist with the formation of Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (“CFD No. 2022-2”) to satisfy the conditions related to the City’s parks, streetlighting, landscaping, and stormwater maintenance services and RD 799’s maintenance services. The City has received a signed petition from the Developer to formally initiate proceedings to establish CFD No. 2022-2. The City is required to consider the formation of the CFD if a petition is filed with the City Clerk. The petition is attached for Council’s reference. The proposed boundaries of CFD No. 2022-2 encompass existing Assessor Parcel Numbers 032-340-006, 032-370-033, 032-370-035, and 032-370- 036 as shown on the attached Boundary Map.

CFD No. 2022-2 will fund the services described in the attached Resolution of Intention Exhibit “A” (Description of Authorized Services) to be performed by the City and RD 799. City staff and the Developer are currently coordinating with RD 799 to finalize a Joint Community Facilities Agreement (the “JCFA”), which will allow the City to 77 disburse a specified portion of the CFD No. 2022-2 special tax revenues to RD 799 each fiscal year beginning with FY 2023-24. The JCFA will be presented to City Council on November 15, 2022 for approval prior to adopting the Resolution of Formation for CFD No. 2022-2.

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

Local Goals & Polices
On December 9, 2014, the City adopted Resolution No. 126-14, which amended the “City of Oakley’s Statement of Local Goals and Policies and Appraisal Standards Concerning the Use of the Mello-Roos Community Facilities Act of 1982”. In the future, if it is determined that the “Amended and Restated Local Goals and Policies and Appraisal Standards Concerning the Use of Mello-Roos Community Facilities Act of 1982” need to be further amended, the Council has the authority to amend them at any time. The proposed formation of CFD No. 2022-2 complies with the City’s “Amended and Restated Local Goals and Policies and Appraisal Standards Concerning the Use of Mello-Roos Community Facilities Act of 1982”.

Fiscal Impact
There will be no financial impact to the City's General Fund. The Developer for the Project has funded all costs associated with the formation of CFD No. 2022-2. The proposed maximum annual special tax rates per Single-Family Residential Parcel for CFD No. 2022-2, in FY 2022-23 dollars, to fund the Authorized Services are shown in the table below:

The Project is expected to consist of 817 Single-Family Residential Parcels at build-out. Therefore, successful formation of CFD No. 2022-2 would provide approximately $1.88 million (in FY 2022-23 dollars) in revenue annually at buildout. The CFD special taxes are anticipated to be placed on the property tax rolls commencing in FY 2023-24.

As specified in the attached Resolution of Intention Exhibit “B” (Rate and Method of Apportionment of Special Tax), the maximum annual special tax shall be increased by applying the percentage increase, if any, in the Consumer Price Index for San Francisco-Oakland-Hayward, CA (All Urban Consumers) for the prior year Special Tax Proposed FY 2022-23
Component Maximum Special Tax
City Regional Parks $157.30
City Community Parks $347.37
City Streetlighting $68.58
City Landscaping, Neighborhood Parks, and Stormwater $1,238.19 RD 799 Services $492.63
Total: $2,304.07
78 (February to February) to the maximum special tax in effect for the current fiscal year. Each annual adjustment of the maximum annual special tax shall become effective on the subsequent July 1.

The City will annually transfer a minimum of $394,584, increased annually by the Consumer Price Index described above, to RD 799 to fund RD 799 maintenance services and related administration costs.

Staff Recommendation
Staff recommends that City Council adopt the Resolution of Intention to Establish CFD No. 2022-2, and set November 15, 2022 at 6:30 p.m., or as soon thereafter as possible, as the time and date for the Public Hearing for the formation of CFD No. 2022-2.

If the City Council adopts the Resolution of Intention to Establish CFD No. 2022-2, the remaining process (Council meetings in bold) for the establishment of CFD No. 2022-2 will be as follows:

October 26, 2022 City Clerk to record Boundary Map (within 15 days of the adoption of the Resolution of Intention)
October 31, 2022 Election materials are sent to the property owner of the Project
November 7, 2022 Community Facilities District Report filed with the City Clerk in advance of Public Hearing
November 7, 2022 City Clerk publishes Notice of Public Hearing (at least once a minimum of 7 days prior to the Public Hearing)
November 15, 2022 City Council holds Public Hearing (at least 30, but not more than 60 days after adoption of the Resolution of
Intention) and considers the following actions:
1) Adopt Resolution approving JCFA;
2) Adopt Resolution of Formation of CFD;
3) Adopt Resolution Calling Special
Landowner Election for CFD;
4) Conduct Election;
5) Adopt Resolution Declaring Results of
Special Landowner Election and Directing
Recording of Notice of Special Tax Lien
within CFD;
6) Take First Reading of Ordinance Levying
Special Tax within CFD.

November 30, 2022 City Clerk files the Notice of Special Tax Lien with the County Recorder’s Office (must be completed within 15
79 days of the adoption of the Resolution Confirming Results of Election and directing the recordation of the Notice of Special Tax Lien)
December 13, 2022 Second Reading of Ordinance Levying Special Tax within CFD
December 28, 2022 Publication of Ordinance (within 15 days after its passage)
Attachments
1) CFD No. 2022-2 Petition
2) Resolution of Intention to Establish CFD No. 2022-2
a. Exhibit A – Description of Services
b. Exhibit B – Rate and Method of Apportionment
3) CFD No. 2022-2 Boundary Map
80 CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

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

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

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

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

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

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

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

6. Election. The Petitioner asks that the special property-owner election to be held under the Act to authorize the Special Tax and to establish any appropriations limits for the Community Facilities District be conducted by the City and its officials, using a mailed or hand81 -2-
delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on the Community Facilities District under the Act or as soon thereafter as possible.

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

8. Authority Warranted. The Petitioner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the formation of the Community Facilities District shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Petitioner for the Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property. If requested by the City, the Petitioner agrees, at its expense, to supply to the City current title evidence so that the City may supply any notice and ballot required under the Act for the establishment of the Community Facilities District.

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

10. Agreements. The Petitioner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Petition, including any amount of cash deposit required to pay for the City’s costs in establishing the Community Facilities District. Petitioner agrees that this Petition shall not be considered as filed with the City for purposes of commencing proceedings for the Community Facilities District under the Act unless and until deemed filed by the City in its absolute discretion. 82 -3-
The exact legal name of the Petitioner: CIVIC SUMMER LAKE NORTH, LLC Mailing address for receiving ballots: _______________
_______________
_______________
Attn: ______________
The Property that is the subject of this
Petition is identified as:

As shown on Exhibit D hereto
The total acreage of the Property
(to 3 decimal places):
377.620 acres

* * * * * * * * * * * *
By executing this petition, the Petitioner agrees to all of the above.

Dated: _____________, 2022

CIVIC SUMMER LAKE NORTH, LLC
By: _________________________

Its: __________________________

83 Exhibit A

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

DESCRIPTION OF AUTHORIZED SERVICES
The City of Oakley (the “City”) is establishing the captioned community facilities district (the “CFD”) to finance, in whole or in part, the following services ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982), including all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities, and related costs:

City Regional Parks Maintenance
Maintenance, including servicing, repair, and replacement of City of Oakley regional park improvements (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.). Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

City Community Parks Maintenance
Maintenance, including servicing, repair, and replacement of City of Oakley community park improvements (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.). Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

City Streetlighting Maintenance
Maintenance, including servicing, repair, and replacement of City of Oakley streetlights (includes poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals and metering devices, etc.). Maintenance also includes cleaning and removal of graffiti and associated electric and other utility costs.

City Landscaping, Neighborhood Parks, and Stormwater Maintenance Maintenance, including servicing, repair, and replacement 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. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Maintenance, including servicing, repair, and replacement of neighborhood park improvements (includes park amenities such as playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.) associated with the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs. 84 Exhibit A

Maintenance, including servicing, repair, and replacement of City of Oakley bio-retention facilities, drainage facilities, and other stormwater improvements (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 lake, drainage areas, bio-retention basins and City catch basins, etc.). Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Reclamation District 799 Services
Reclamation District 799 (“RD 799”) is a special district in Contra Costa County, whose boundaries include the boundaries of the CFD. RD 799 manages the drainage and flood water produced on Hotchkiss Tract. The services to be provided by RD 799 include but are not limited to the following:
 Levee operation, maintenance, and inspection.
 Operation, maintenance, servicing, and replacement of drainage pump stations and other storm drainage improvements.

Administrative Services and Reserve Collection
In addition, the following expenses will also be financed by the special taxes levied within the CFD and will be allocated to each of the services described above based upon their pro-rata share of administrative costs, operating reserves, capital reserves, and actual or estimated delinquencies:
 Administrative expenses including costs incurred to determine, levy and collect the special taxes, including compensation of City staff for administrative work performed in relation to the CFD and a proportionate amount of the City’s general administrative overhead related thereto, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the property tax rolls, preparation of required reporting, the costs needed to cure actual or estimated delinquencies in CFD special taxes for the current or previous fiscal years, and any other costs incurred by the City for the administration of the CFD.

 Any amounts needed to establish or replenish operating reserves and capital reserves. 85 Exhibit B

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes (as hereafter defined) in the City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (the “CFD” or “CFD No. 2022-2”) shall be levied and collected each Fiscal Year according to the tax liability determined by the Administrator through the application of the appropriate Special Tax rate for Taxable Property, as described below. All property in CFD No. 2022-2, 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. 2022-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, Parcel Map or functionally equivalent map or instrument recorded in the Office of the County Recorder. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination as needed, utilizing in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or reasonably estimated costs incurred by the City or their designee, acting for and on behalf of the CFD as the Administrator thereof, to compute, determine, levy and collect the Special Taxes, including salaries of City staff and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes, including charges levied by the County, the costs related to the preparation of required reports; and any other costs required to administer the CFD as determined by the Administrator. Administrative expenses shall also include amounts estimated or advanced by the City, public agency, or the CFD for any other administrative purposes related to the CFD.
“Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes according to this Rate and Method of Apportionment of Special Taxes. 86 Exhibit B

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2022-2 as set forth in the documents adopted by the Council when CFD No. 2022-2 was formed.
“Building Permit” means a building permit issued by the City to construct a building structure improvement with a valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded. “CFD” or “CFD No. 2022-2” means the City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services).
“City” means the City of Oakley.
“City Manager” means the City Manager of the City of Oakley. “Commercial Parcel” means a Parcel designated by the County Assessor as having a commercial land use (e.g., stores, markets, shopping centers, motels, hotels, restaurants, fast food, bars, service stations, auto sales and service centers, private recreational facilities, theaters, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home or co-op Land Use Classification. 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.
“Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2022-2.
“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 Taxable Parcels for which a Building Permit has been issued by the City on or prior to June 30 of the preceding Fiscal Year 87 Exhibit B

in which Special Taxes are to be levied. In the absence of a Building Permit, any Taxable Parcel shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final Subdivision Map, parcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), that creates lots that do not need to be further subdivided prior to issuance of a Building Permit for a residential structure. The term “Final Map” or “Parcel Map” shall not include an Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Industrial Parcel” means a Parcel designated by the County Assessor as having an industrial land use (e.g., light and heavy industrial, food processing, storage yards, warehouses, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Institutional Parcel” means a Parcel designated by the County Assessor as having an institutional land use (e.g., churches, hospitals, assisted living, schools, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, 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 multiple land uses such as a residential land use and a commercial land use, a multi-family land use and a commercial land use, etc.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential Land Use Classification which includes duplexes, triplexes, fourplexes and apartments. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor as a Commercial Parcel, Industrial Parcel, Institutional Parcel, or Office/Medical Parcel. 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 88 Exhibit B

Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Office/Medical Parcel” means a Parcel designated by the County Assessor as having an office, medical or dental land use (e.g., office buildings, office condominiums, hospitals, etc.).

If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as a recorded deed of sale, etc. “Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property. 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. 2022-2 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. 2022- 2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor as having residential land use such as a Condominium Parcel, SingleFamily Parcel, or Multi-Family Parcel. 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.
“Residential Unit” means an individual residential dwelling unit such as a Single-Family Parcel, Condominium Parcel, townhome, apartment, co-op, etc. “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 the tax levied on Taxable Property within CFD No. 2022-2 to pay the annual Special Tax Requirement for each Special Tax Component. 89 Exhibit B

“Special Tax Component” means one of the following components of the Special Tax:

City Regional Parks Maintenance Tax; City Community Parks Maintenance Tax; City Streetlighting Maintenance Tax; City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax; or Reclamation District 799 Services Tax. “Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year for each Tax Zone to pay for the following: (i) Authorized Services corresponding 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, that may be expected to occur in the Fiscal Year in which the Special Tax will be collected.
“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2022-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within CFD No. 2022-2 designated on the CFD boundary or annexation map. All property within CFD No. 2022-2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-2, 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. 2022- 2 shall be identified by Assessor’s Parcel Number at the time of annexation. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2022-2 that are not classified as Developed Property.

B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall: (i) identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2022-2, (ii) determine the Land Use Classification for each Taxable Parcel, (iii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (iv) determine if a Final Map or Parcel Map has been recorded with the County for Undeveloped Property, (v) determine which Tax Zone each Parcel of Taxable Property is located in, (vi) determine the Special Tax Requirement for each Special Tax Component. Each Special Tax Component shall be levied only to pay for their respective Special Tax Requirement.

In any Fiscal Year, if it is determined that a Final Map or Parcel Map for a portion of property in CFD No. 2022-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, and the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map. 90 Exhibit B

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 uses on the ground floor and 50 apartments are constructed on the second and third floors, the Parcel will be taxed the Non-Residential Parcel Special Tax rate based upon the total commercial footprint and the Multi-Family Parcel Special Tax rate for the 50 apartments.

Special Tax Land Use
Component Classification
City Regional Parks Maintenance Tax Single-Family Parcel $157.30 per Parcel City Regional Parks Maintenance Tax Condominium Parcel $117.97 per Parcel City Regional Parks Maintenance Tax Multi-Family Parcel $78.65 per Residential Unit City Regional Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel City Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel City Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Residential Unit City Community Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel City Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel City Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Residential Unit City Streetlighting Maintenance Tax Non-Residential Parcel $0.00 per Acre City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Single-Family Parcel $1,238.19 per Parcel City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Condominium Parcel $928.64 per Parcel City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Multi-Family Parcel $619.09 per Residential Unit City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Non-Residential Parcel $0.00 per Acre Reclamation District 799 Maintenance Tax Single-Family Parcel $492.63 per Parcel Reclamation District 799 Maintenance Tax Condominium Parcel $369.47 per Parcel Reclamation District 799 Maintenance Tax Multi-Family Parcel $246.31 per Residential Unit Reclamation District 799 Maintenance Tax Non-Residential Parcel $0.00 per Acre Table 1: Developed Property
Fiscal Year 2022-23
Maximum
Special Tax
91 Exhibit B

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
Commencing 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-Hayward, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

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

Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax 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 for which a Final Map has been recorded with the County, up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for which a Final Map has been recorded with the County, for such Fiscal Special Tax Land Use
Component Classification
City Regional Parks Maintenance Tax Residential Parcel $471.90 per Acre City Regional Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Community Parks Maintenance Tax Residential Parcel $1,042.10 per Acre City Community Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Streetlighting Maintenance Tax Residential Parcel $205.75 per Acre City Streetlighting Maintenance Tax Non-Residential Parcel $0.00 per Acre City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Residential Parcel $7,554.89 per Acre City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Non-Residential Parcel $0.00 per Acre Reclamation District 799 Maintenance Tax Residential Parcel $3,005.79 per Acre Reclamation District 799 Maintenance Tax Non-Residential Parcel $0.00 per Acre Maximum
Table 2: Undeveloped Property
Fiscal Year 2022-23
Special Tax
92 Exhibit B

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;
Step 3: If additional revenue is needed after Step 2, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property for which a Final Map has not been recorded with the County, up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for which a Final Map has not been recorded with the County, for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1 and Step 2, is equal to the Special Tax Requirement for such Special Tax Component.

The Special Tax for CFD No. 2022-2 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. 2022-2.

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

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

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

H. PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2022-2 for the purpose of funding ongoing Authorized Services. 93 Exhibit B

I. REVIEW/APPEALS OF THE SPECIAL TAX
The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any property owner appeals, as herein specified.

Any property owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Manager shall take any of the following actions to correct the error:
• Amend the Special Tax levy on the property owner's Property Tax Bill for the current Fiscal Year, or
• Have the CFD reimburse the property owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or
• Grant a credit against, eliminate, or reduce the future Special Taxes on the property owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

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

J. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
94 Exhibit C

EXHIBIT C

CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

BOUNDARY MAP
attached
95 Exhibit D

EXHIBIT D

CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

PROPERTY SUBJECT OF THIS PETITION
Description of Parcel
(APN)
Property
Owner
Total
Acreage
032-370-033-6 CIVIC SUMMER LAKE NORTH LLC 327.08
032-370-035-1 CIVIC SUMMER LAKE NORTH LLC 47.92
032-340-006-9 CIVIC SUMMER LAKE NORTH LLC 2.62
Total: 377.62
96 Resolution No. XX-22 Page 1 of 3
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL

OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT

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

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

2. Name of CFD. The name proposed for the community facilities district is “City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services)” (the “CFD”).

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

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

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

5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the 97 Resolution No. XX-22 Page 2 of 3
CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee may determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein (the “Rate and Method”). This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

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

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

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

9. Public Hearing. Tuesday, November 15, 2022, at 6:30 p.m. or as soon as possible thereafter, in the City Council Chambers, 3231 Main Street, Oakley, California, are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax. 98 Resolution No. XX-22 Page 3 of 3

10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication shall be completed at least 7 days before the date of the public hearing specified above.

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

12. Effective Date. This resolution shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED, this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___ ________________
Libby Vreonis, City Clerk Date
99 Exhibit A

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

DESCRIPTION OF AUTHORIZED SERVICES
The City of Oakley (the “City”) is establishing the captioned community facilities district (the “CFD”) to finance, in whole or in part, the following services ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982), including all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities, and related costs:

City Regional Parks Maintenance
Maintenance, including servicing, repair, and replacement of City of Oakley regional park improvements (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.). Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

City Community Parks Maintenance
Maintenance, including servicing, repair, and replacement of City of Oakley community park improvements (includes park amenities such as buildings, sports fields, sports courts, playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.). Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

City Streetlighting Maintenance
Maintenance, including servicing, repair, and replacement of City of Oakley streetlights (includes poles, fixtures, bulbs, conduits, equipment, including guys, anchors, posts, pedestals and metering devices, etc.). Maintenance also includes cleaning and removal of graffiti and associated electric and other utility costs.

City Landscaping, Neighborhood Parks, and Stormwater Maintenance Maintenance, including servicing, repair, and replacement 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. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Maintenance, including servicing, repair, and replacement of neighborhood park improvements (includes park amenities such as playground equipment, play courts, play structures, picnic tables, lighting, drinking fountains, barbeques, etc.) associated with the CFD. Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs. 100
Exhibit A

Maintenance, including servicing, repair, and replacement of City of Oakley bio-retention facilities, drainage facilities, and other stormwater improvements (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 lake, drainage areas, bio-retention basins and City catch basins, etc.). Maintenance also includes cleaning and removal of graffiti, and associated electric, water and other utility costs.

Reclamation District 799 Services
Reclamation District 799 (“RD 799”) is a special district in Contra Costa County, whose boundaries include the boundaries of the CFD. RD 799 manages the drainage and flood water produced on Hotchkiss Tract. The services to be provided by RD 799 include but are not limited to the following:
• Levee operation, maintenance, and inspection.
• Operation, maintenance, servicing, and replacement of drainage pump stations and other storm drainage improvements.

Administrative Services and Reserve Collection
In addition, the following expenses will also be financed by the special taxes levied within the CFD and will be allocated to each of the services described above based upon their pro-rata share of administrative costs, operating reserves, capital reserves, and actual or estimated delinquencies:
• Administrative expenses including costs incurred to determine, levy and collect the special taxes, including compensation of City staff for administrative work performed in relation to the CFD and a proportionate amount of the City’s general administrative overhead related thereto, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the property tax rolls, preparation of required reporting, the costs needed to cure actual or estimated delinquencies in CFD special taxes for the current or previous fiscal years, and any other costs incurred by the City for the administration of the CFD.
• Any amounts needed to establish or replenish operating reserves and capital reserves. 101
Exhibit B

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2022-2
(Summer Lake North Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes (as hereafter defined) in the City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (the “CFD” or “CFD No. 2022-2”) shall be levied and collected each Fiscal Year according to the tax liability determined by the Administrator through the application of the appropriate Special Tax rate for Taxable Property, as described below. All property in CFD No. 2022-2, 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. 2022-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, Parcel Map or functionally equivalent map or instrument recorded in the Office of the County Recorder. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination as needed, utilizing in the Administrator’s discretion, available resources, including but not limited to available spatial and Geographic Information Systems (GIS) data.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the actual or reasonably estimated costs incurred by the City or their designee, acting for and on behalf of the CFD as the Administrator thereof, to compute, determine, levy and collect the Special Taxes, including salaries of City staff and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes, including charges levied by the County, the costs related to the preparation of required reports; and any other costs required to administer the CFD as determined by the Administrator. Administrative expenses shall also include amounts estimated or advanced by the City, public agency, or the CFD for any other administrative purposes related to the CFD.
“Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes according to this Rate and Method of Apportionment of Special Taxes. 102
Exhibit B

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Services” means the public services authorized to be funded by CFD No. 2022-2 as set forth in the documents adopted by the Council when CFD No. 2022-2 was formed.
“Building Permit” means a building permit issued by the City to construct a building structure improvement with a valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded. “CFD” or “CFD No. 2022-2” means the City of Oakley Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services).
“City” means the City of Oakley.
“City Manager” means the City Manager of the City of Oakley. “Commercial Parcel” means a Parcel designated by the County Assessor as having a commercial land use (e.g., stores, markets, shopping centers, motels, hotels, restaurants, fast food, bars, service stations, auto sales and service centers, private recreational facilities, theaters, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home or co-op Land Use Classification. 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.
“Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2022-2.
“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 Taxable Parcels for which a Building Permit has been issued by the City on or prior to June 30 of the preceding Fiscal Year 103
Exhibit B

in which Special Taxes are to be levied. In the absence of a Building Permit, any Taxable Parcel shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final Subdivision Map, parcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), that creates lots that do not need to be further subdivided prior to issuance of a Building Permit for a residential structure. The term “Final Map” or “Parcel Map” shall not include an Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Industrial Parcel” means a Parcel designated by the County Assessor as having an industrial land use (e.g., light and heavy industrial, food processing, storage yards, warehouses, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Institutional Parcel” means a Parcel designated by the County Assessor as having an institutional land use (e.g., churches, hospitals, assisted living, schools, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, 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 multiple land uses such as a residential land use and a commercial land use, a multi-family land use and a commercial land use, etc.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential Land Use Classification which includes duplexes, triplexes, fourplexes and apartments. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor as a Commercial Parcel, Industrial Parcel, Institutional Parcel, or Office/Medical Parcel. 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 104
Exhibit B

Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Office/Medical Parcel” means a Parcel designated by the County Assessor as having an office, medical or dental land use (e.g., office buildings, office condominiums, hospitals, etc.).

If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. “Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as a recorded deed of sale, etc. “Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property. 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. 2022-2 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. 2022- 2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor as having residential land use such as a Condominium Parcel, SingleFamily Parcel, or Multi-Family Parcel. 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.
“Residential Unit” means an individual residential dwelling unit such as a Single-Family Parcel, Condominium Parcel, townhome, apartment, co-op, etc. “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 the tax levied on Taxable Property within CFD No. 2022-2 to pay the annual Special Tax Requirement for each Special Tax Component. 105
Exhibit B

“Special Tax Component” means one of the following components of the Special Tax:

City Regional Parks Maintenance Tax; City Community Parks Maintenance Tax; City Streetlighting Maintenance Tax; City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax; or Reclamation District 799 Services Tax. “Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year for each Tax Zone to pay for the following: (i) Authorized Services corresponding 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, that may be expected to occur in the Fiscal Year in which the Special Tax will be collected.
“Taxable Property” or “Taxable Parcels” means all Assessors’ Parcels within the boundaries of CFD No. 2022-2 that are not exempt from the Special Tax pursuant to law or Section E herein.
“Tax Zone” means a mutually exclusive geographic area within CFD No. 2022-2 designated on the CFD boundary or annexation map. All property within CFD No. 2022-2 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-2, 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. 2022- 2 shall be identified by Assessor’s Parcel Number at the time of annexation. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2022-2 that are not classified as Developed Property.

B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall: (i) identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2022-2, (ii) determine the Land Use Classification for each Taxable Parcel, (iii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (iv) determine if a Final Map or Parcel Map has been recorded with the County for Undeveloped Property, (v) determine which Tax Zone each Parcel of Taxable Property is located in, (vi) determine the Special Tax Requirement for each Special Tax Component. Each Special Tax Component shall be levied only to pay for their respective Special Tax Requirement.

In any Fiscal Year, if it is determined that a Final Map or Parcel Map for a portion of property in CFD No. 2022-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, and the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map. 106
Exhibit B

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 uses on the ground floor and 50 apartments are constructed on the second and third floors, the Parcel will be taxed the Non-Residential Parcel Special Tax rate based upon the total commercial footprint and the Multi-Family Parcel Special Tax rate for the 50 apartments.

Special Tax Land Use
Component Classification
City Regional Parks Maintenance Tax Single-Family Parcel $157.30 per Parcel City Regional Parks Maintenance Tax Condominium Parcel $117.97 per Parcel City Regional Parks Maintenance Tax Multi-Family Parcel $78.65 per Residential Unit City Regional Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Community Parks Maintenance Tax Single-Family Parcel $347.37 per Parcel City Community Parks Maintenance Tax Condominium Parcel $260.52 per Parcel City Community Parks Maintenance Tax Multi-Family Parcel $173.69 per Residential Unit City Community Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Streetlighting Maintenance Tax Single-Family Parcel $68.58 per Parcel City Streetlighting Maintenance Tax Condominium Parcel $51.44 per Parcel City Streetlighting Maintenance Tax Multi-Family Parcel $34.30 per Residential Unit City Streetlighting Maintenance Tax Non-Residential Parcel $0.00 per Acre City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Single-Family Parcel $1,238.19 per Parcel City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Condominium Parcel $928.64 per Parcel City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Multi-Family Parcel $619.09 per Residential Unit City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Non-Residential Parcel $0.00 per Acre Reclamation District 799 Maintenance Tax Single-Family Parcel $492.63 per Parcel Reclamation District 799 Maintenance Tax Condominium Parcel $369.47 per Parcel Reclamation District 799 Maintenance Tax Multi-Family Parcel $246.31 per Residential Unit Reclamation District 799 Maintenance Tax Non-Residential Parcel $0.00 per Acre Table 1: Developed Property
Fiscal Year 2022-23
Maximum
Special Tax
107
Exhibit B

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
Commencing 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-Hayward, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

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

Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax 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 for which a Final Map has been recorded with the County, up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for which a Final Map has been recorded with the County, for such Fiscal Special Tax Land Use
Component Classification
City Regional Parks Maintenance Tax Residential Parcel $471.90 per Acre City Regional Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Community Parks Maintenance Tax Residential Parcel $1,042.10 per Acre City Community Parks Maintenance Tax Non-Residential Parcel $0.00 per Acre City Streetlighting Maintenance Tax Residential Parcel $205.75 per Acre City Streetlighting Maintenance Tax Non-Residential Parcel $0.00 per Acre City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Residential Parcel $7,554.89 per Acre City Landscaping, Neighborhood Parks, and Stormwater Maintenance Tax Non-Residential Parcel $0.00 per Acre Reclamation District 799 Maintenance Tax Residential Parcel $3,005.79 per Acre Reclamation District 799 Maintenance Tax Non-Residential Parcel $0.00 per Acre Maximum
Table 2: Undeveloped Property
Fiscal Year 2022-23
Special Tax
108
Exhibit B

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;
Step 3: If additional revenue is needed after Step 2, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property for which a Final Map has not been recorded with the County, up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for which a Final Map has not been recorded with the County, for such Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1 and Step 2, is equal to the Special Tax Requirement for such Special Tax Component.

The Special Tax for CFD No. 2022-2 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. 2022-2.

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

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

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

H. PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2022-2 for the purpose of funding ongoing Authorized Services. 109
Exhibit B

I. REVIEW/APPEALS OF THE SPECIAL TAX
The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any property owner appeals, as herein specified.

Any property owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Manager shall take any of the following actions to correct the error:
• Amend the Special Tax levy on the property owner's Property Tax Bill for the current Fiscal Year, or
• Have the CFD reimburse the property owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or
• Grant a credit against, eliminate, or reduce the future Special Taxes on the property owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

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

J. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect. 110

PROPOSED BOUNDARY MAP
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2022-2

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
(SUMMER LAKE NORTH MAINTENANCE SERVICES)
Prepared by Francisco & Associates
ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

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

COUNTY RECORDER

COUNTY OF CONTRA COSTA

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

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED

BOUNDARIES OF CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2022-2, CITY OF OAKLEY, COUNTY OF CONTRA COSTA, STATE

OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE

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

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2022.
0 1,500
Feet
± 1
1 4
3 2
East Cypress Rd
S
a
n
d
m
o
u
n
d
Blvd
B
e
t
h
el Isla
n
d
R
d
Sandmound Blvd
5 6
*See numbered notes below corresponding to reference numbers in the table above:

1. Comprised of the portion of APN 032-370-033-6 excluding future industrial Parcels M, N, O, and P of Subdivision 9307.

2. Comprised of the portion of APN 032-370-036-9 excluding future commercial Parcel K of Subdivision 9307.

3. Comprised of the portion of APN 032-370-035-1 excluding future commercial Parcel K of Subdivision 9307.

5. Comprised of the portions of APNs 032-370-035-1 and 032-370-036-9 corresponding to future commercial Parcel K of Subdivision 9307, which will be exempt from the CFD No. 2022-2 Special Tax.

6. Comprised of the portion of APN 032-370-033-6 corresponding to future industrial Parcels M, N, O, and P of Subdivision 9307, which will be exempt from the CFD No. 2022-2 Special Tax.

Not a Part of CFD No. 2022-2
CFD No. 2022-2 Boundary
1 Future Commercial and Industrial Parcels
Assessor Parcel Lines
Reference Number
Legend
7 Reference
Number*
Assessor's Parcel
Number Description
Acres
(+/-)
1 Portion of APN 032-370-033-6 309.0
2 Portion of APN 032-370-036-9 21.8
3 Portion of APN 032-370-035-1 43.6
4 APN 032-340-006-9 2.6
5 Portion of APNs 032-370-035-1 and
032-370-036-9 4.3
6 Portion of APN 032-370-033-6 18.1
7 APNs 032-370-006-2 and
032-370-019-5 7.6
111

STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road Background and Analysis
The property located north of East Cypress Road, east of Bethel Island Road, and south and west of Sandmound Boulevard known as Summer Lake North (the “Project”) is within Planning Area 2 of the East Cypress Corridor Specific Plan. The Project is expected to be comprised of 817 single-family residential units at buildout.

The Conditions of Approval for the Project require the Developer to mitigate the financial impact 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 Summer Lake North project has requested the City assist with annexing the Project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval.

Beginning May 2016, the City established its own police department and no longer contracts with the Sheriff’s office to provide public safety. In order to ensure that revenue grows at a rate sufficient to cover the cost of providing police services, City Council approved Resolution No. 113-16 on July 12, 2016, that allows for an adjustment in the annual tax per parcel by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area to become effective July 1, 2016. Adoption of the attached resolution and introduction of the attached ordinance will set an election date for November 14, 2022, which shall be conducted by the City Clerk via a mail ballot election. The vote will then be ratified at the December 13, 2022, regular City Council meeting, and the ordinance will take effect at that time assuming a favorable vote.
112
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 186 to the Oakley Special Police Tax Area. The FY 2022-23 special tax rate for single family parcels is $1,230.73/parcel (FY 2022-23 rates). The project is anticipated to consist of 817 parcels at build-out.

Therefore, successful creation of the Zone is expected to provide up to $1,005,506.41 (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.

Staff Recommendation
The Conditions of Approval for the Summer Lake North project located north of East Cypress Road, east of Bethel Island Road, and south and west of Sandmound Boulevard require the property owner to mitigate their financial impact on the police services budget. Adoption of this resolution and ordinance will set an election to be held on November 14, 2022. The election will then be ratified at the December 13, 2022 regular City Council meeting. Staff recommends that the City Council:

1. Adopt the Resolution creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road; and

2. Introduce the Ordinance Establishing a Special Tax for Police Protection.

Attachments
1) Resolution Creating Oakley Special Police Tax Zone 186 1) Exhibit A - Diagram
2) Ordinance Establishing a Special Tax
1) Exhibit A – Diagram
2) Exhibit B – Schedule for Police Service Tax
113
Resolution No. XX-22 Page 1 of 2
RESOLUTION NO. XX-22
A RESOLUTION CREATING OAKLEY SPECIAL POLICE TAX AREA ZONE 186

WITHIN THE OAKLEY SPECIAL POLICE TAX AREA FOR THE SUMMER LAKE

NORTH PROJECT LOCATED ON THE NORTHEAST CORNER OF THE

INTERSECTION OF BETHEL ISLAND ROAD AND EAST CYPRESS ROAD WHEREAS, it is the intention of the City Council to create Oakley Special Police Tax Area Zone 186 (Zone 186) within the Oakley Special Police Tax Area and authorize an election; and
WHEREAS, it is the intention of the City Council to adopt an ordinance establishing a special tax for police services within Zone 186; and
WHEREAS, the City recognizes the need for increased police protection services within Zone 186 and the difficulty of funding the current or increased level of police services with revenues now available; and
WHEREAS, it is the intention of the City Council to direct the City Clerk to conduct the election required by Government Code Section 53978, to be conducted by mail ballot pursuant to Elections Code Section 4108 and to be held on the earliest date permitted by law; and
WHEREAS, the property located north of East Cypress Road, east of Bethel Island Road, and south and west of Sandmound Boulevard known as Summer Lake North (the “Project”) is within Planning Area 2 of the East Cypress Corridor Specific Plan. The Project is expected to be comprised of 817 single-family residential units at build-out. The Conditions of Approval for the Project require the Developer 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 Developer/property owner for the Project has requested the City assist with annexing the Project into the Oakley Special Police Tax Area to satisfy their Conditions of Approval. The initial annual special tax rate for single family parcels is $1,230.73/parcel (FY 2022-23 rates) per the rate schedule that was adopted by the City Council on July 12, 2016, by Resolution No. 113-16; and WHEREAS, this Resolution is adopted pursuant to Government Code section 53978; and WHEREAS, under Government Code section 53978 and for the purposes of this Resolution, a "voter" entitled to vote on the creation of Zone 186 is a person who owns real property within Zone 186 at the time Ordinance No. XX-22 is adopted, as shown on the last equalized assessment roll prepared by the Contra Costa County Assessor's Office.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby 114
Resolution No. XX-22 Page 2 of 2
finds and determines as follows:

1. All of the City of Oakley shall be considered as the Oakley Special Police Tax Area.

2. That portion of the City of Oakley shown on the plats titled Exhibit "A" is established as Zone 186 of the Oakley Special Police Tax Area.

3. That Ordinance No. XX-22 introduced this date is to be presented for approval of the voters of Zone 186 by a mail ballot election, to be held on November 14, 2022. The ballot proposition shall read as follows:
"Shall Ordinance No. XX-22 of the City Council of the City of Oakley be approved so as to authorize a special tax on property located in Zone 186 of the Oakley Special Police Tax Area to maintain the present level of police protection service and provide additional funding for increased police protection service? The initial annual special tax rate for County use code 11 (Single Family Residence – 1 res., 1 site) is $1,230.73 per parcel and $615.37 per vacant parcel per the current FY 2022-23 rate schedule."

4. The City Clerk is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot pursuant to Elections Code Section 4000 and shall be held on a date other than the same date as a statewide direct primary election on statewide general election as specified above.

5. Zone 186 of the Oakley Special Police Tax Area shall not be created, and the tax authorized in Ordinance No. XX-22 shall not be imposed if the Ordinance is not approved by two-thirds of the voters participating in the election called in Ordinance No. XX-22.

PASSED, APROVED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
115

EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 186

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
±
0 500
Feet

SUMMER LAKE NORTH
1 4
3 2
5 6
7 East Cypress Rd
S
a
n
d
m
o
u
n
d
Blvd
B
eth
el Isla
n
d
R
d
Sandmound Blvd
*See numbered notes below corresponding to reference numbers in the table above:

1. Comprised of the portion of APN 032-370-033-6 excluding future industrial Parcels M, N, O, and P of Subdivision 9307.

2. Comprised of the portion of APN 032-370-036-9 excluding future commercial Parcel K of Subdivision 9307.

3. Comprised of the portion of APN 032-370-035-1 excluding future commercial Parcel K of Subdivision 9307.

5. Comprised of the portions of APNs 032-370-035-1 and 032-370-036-9 corresponding to future commercial Parcel K of Subdivision 9307, which will be excluded from P-6 Zone 186.

6. Comprised of the portion of APN 032-370-033-6 corresponding to future industrial Parcels M, N, O, and P of Subdivision 9307, which will be excluded from P-6 Zone 186.

Reference
Number*
Assessor's Parcel
Number Description
Acres
(+/-)
1 Portion of APN 032-370-033-6 309.0
2 Portion of APN 032-370-036-9 21.8
3 Portion of APN 032-370-035-1 43.6
4 032-340-006-9 2.6
5 Portion of APNs 032-370-035-1 and 032-370-036-9 4.3
6 Portion of APN 032-370-033-6 18.1
7 APNs 032-370-006-2 and 032-370-019-5 7.6
Zone 186 Boundary
Not a Part of P-6 Zone 186
Assessor Parcel Lines
Reference Number
Legend
1 116
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY OF OAKLEY ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 186 WITHIN THE OAKLEY SPECIAL POLICE TAX AREA

FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE SUMMER

LAKE NORTH PROJECT LOCATED ON THE NORTHEAST CORNER OF THE

INTERSECTION OF BETHEL ISLAND ROAD AND EAST CYPRESS ROAD The Voters of the City of Oakley do ordain as follows:

Section 1. Purpose, Intent and Authority.

It is the purpose and intent of this Ordinance to authorize the levy of a special tax on real property that is within Oakley Special Police Tax Area Zone 186 of the Oakley Special Police Tax Area as shown on the Exhibit A map attached hereto in order to provide funding for police protection to serve the property and persons within said Zone.

This Tax is a special tax within the meaning of Section 4 of 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 186.

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 amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual 117
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 186 (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 186, 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.
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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.
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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 November 14, 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 11th day of October, 2022, by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
____________________ ________________
Libby Vreonis, City Clerk Date
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EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 186

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
±
0 500
Feet

SUMMER LAKE NORTH
1 4
3 2
5 6
7 East Cypress Rd
S
a
n
d
m
o
u
n
d
Blvd
B
eth
el Isla
n
d
R
d
Sandmound Blvd
*See numbered notes below corresponding to reference numbers in the table above:

1. Comprised of the portion of APN 032-370-033-6 excluding future industrial Parcels M, N, O, and P of Subdivision 9307.

2. Comprised of the portion of APN 032-370-036-9 excluding future commercial Parcel K of Subdivision 9307.

3. Comprised of the portion of APN 032-370-035-1 excluding future commercial Parcel K of Subdivision 9307.

5. Comprised of the portions of APNs 032-370-035-1 and 032-370-036-9 corresponding to future commercial Parcel K of Subdivision 9307, which will be excluded from P-6 Zone 186.

6. Comprised of the portion of APN 032-370-033-6 corresponding to future industrial Parcels M, N, O, and P of Subdivision 9307, which will be excluded from P-6 Zone 186.

Reference
Number*
Assessor's Parcel
Number Description
Acres
(+/-)
1 Portion of APN 032-370-033-6 309.0
2 Portion of APN 032-370-036-9 21.8
3 Portion of APN 032-370-035-1 43.6
4 032-340-006-9 2.6
5 Portion of APNs 032-370-035-1 and 032-370-036-9 4.3
6 Portion of APN 032-370-033-6 18.1
7 APNs 032-370-006-2 and 032-370-019-5 7.6
Zone 186 Boundary
Not a Part of P-6 Zone 186
Assessor Parcel Lines
Reference Number
Legend
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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
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 11, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Review of Requested Proclamation - (John Muir Community Health Fund Day)
Summary and Background
On August 9, 2022, the Oakley City Council approved a proclamation policy. In accordance with the policy, the Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to the policy and are on a pre-approved list adopted by the City Council. Proclamations not on the list may be submitted and brought forth to the City Council for consideration. The attached proclamations are not on the pre-approved list; therefore, approval is requested.

Consistency with the Oakley Strategic Plan 27+
Council engagement with community partners is consistent with the Community and Collaborative Partnerships Goal in the Oakley Strategic Plan 27+.

Fiscal Impact
None.

Recommendation
Staff recommends that the City Council review the requested proclamation and either approve or deny it. The item is not required to be pulled from the Consent Calendar if unanimous approval is provided.

Attachments

1. Proclamation Request Form

2. Sample proclamation
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WHEREAS, the John Muir Community Health Fund was established in 1997 when the John Muir Medical Center and Mt Diablo Health Care District merged to form the John Muir Health System. The John Muir Health System established and funded an independent Community Benefit Corporation; and WHEREAS, the Board of the John Muir Community Health Fund is comprised of three representatives appointed by the City of Concord, and two representatives appointed by the City of Pleasant Hill and five members appointed by the John Muir Association: and
WHEREAS, the John Muir Community Health Fund’s mission is to distribute grants and partner with community-based nonprofit organizations to create sustainable health initiatives that expand and enhance health care and wellness services for those most in need in Central and East Contra Costa County; and
WHEREAS, over their 25-year history, the John Muir Community Health Fund has distributed over $31.5 million in grant funding to over 100 community-based nonprofit organizations that have delivered essential, health-related services to hundreds of thousands of Contra Costans; and WHEREAS, the John Muir Community Health Fund has worked to support the creation of partnerships that have been recognized by the State of California and nationally, such as the “Healthcare Careers Pathway,” a partnership between Empowered Aging, Opportunity Junction, Mt. Diablo Adult Education, the Food Bank of Contra Costa and Solano, and Loaves and Fishes of Contra Costa, which has expanded, with a five and a half million dollar grant from the State of California, to five additional counties in California; and
WHEREAS, the John Muir Community Health Fund has evolved from supporting organizations that deliver direct medical care to building lasting relationships with community-based nonprofit organizations that address the social determinants of health and systemic racism leading to better health outcomes and better quality of lives for our community; and WHEREAS, the John Muir Community Health Fund has shown by its actions and good works for the past 25 years that it is a significant asset to the community, providing leadership, building partnerships and funding projects that have greatly benefited the area and its citizens.

NOW, THEREFORE, I, ______________, Mayor of the City of ____________, do hereby proclaim Thursday, October 25, 2022, as John Muir Community Health Fund Day in the City of _____________, and I urge all citizens to recognize the achievements the John Muir Community Health Fund has made to our community and commend the organization for a wonderful heritage and a bright future.

PROCLAIMED ______(DATE)____________.
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