Agenda packet — Oakley City Council, October 25, 2022 (part 1 of 2)

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY

REDEVELOPMENT AGENCY AND SPECIAL MEETING OF THE OAKLEY

PUBLIC FINANCING AUTHORITY
Tuesday, October 25, 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

1.2 Pledge of Allegiance to the Flag (Allison DelPrado, Ironhouse Elementary School Student)

1.3 Presentation of Proclamations 1. John Muir Community Health Fund Day (Lillian Roselin & Ken Carlson)
Proclamation

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

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

3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held 09/27/2022 (Libby Vreonis, City Clerk)
Minutes 09-27-22

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency/Public Financing Authority Meeting held October 11, 2022 (Libby Vreonis, City Clerk)
Minutes 10-11-22

3.3 Award of Construction Contract to R&R Pacific Construction Inc. for the construction of East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road) – Capital Improvement Project (CIP) Number 247 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Bid Summary

3.4 Authorize the City Manager to Execute a Consulting Services Agreement with BKF Engineers Inc., to Provide Engineering Design Services for Capital Improvement Project Number 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Proposal

2. Resolution

3.5 Award of Construction Contract to Cairo Builder, Inc. for the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project Number 288 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

2. Bid Summary
3 3.6 Agreement with Consor North America, Inc. for Right of Way and Surveying Engineering Services associated with Capital Improvement Project Number 273 – Laurel Road Extension Project (Teton Road to Sellers Avenue) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Proposal

2. Resolution

3.7 Approval of Consulting Services Agreement with Pavement Engineering, Inc. (PEI) for Design Services Associated with Capital Improvement Project (CIP) Number 279 – Fiscal Year 2022/23 Street Repair and Resurfacing Project (Kevin Rohani, P.E., Public Works Directory/City Engineer)
Staff Report

1. PEI Proposal

2. Resolution

3.8 Accepting the Subdivision Improvements Associated with the Cypress Estates Subdivision 8728 located at the east end of Mallard Lane, the south end of Fuschia Way, and Fuschia Court (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Vicinity Map

3.9 Agreement for Purchase of Portions of Contra Costa Assessor Parcel No. 034-090-022 for Road Widening at and Near the Intersection of Laurel Road and O’Hara Avenue (Derek Cole, City Attorney)
Staff Report

1. Resolution Approving Agreement to Purchase Real Property

2. Agreement

3.10 Adopt a Resolution Appointing Marie Osuna to the Contra Costa Transportation Authority Citizens Advisory Committee for the Remainder of the Current Four-Year Term Expiring August 11, 2025 (Libby Vreonis, City Clerk) Staff Report

1. Application

2. Resolution

3.11 Review of Proclamation Request for Future Agenda (Extra Mile Day) (Libby Vreonis, City Clerk)
4 Staff Report

1. Proclamation Request Form

2. Sample Proclamation

4.PUBLIC HEARINGS

4.1 (Continued from September 27th) Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) – Request to subdivide an approximately 2-acre site into eight (8) single-family residential lots and a variance request on meeting the minimum lot requirements for four (4) of the eight (8) lots. (APN:
035-090-082). (Kenneth Strelo, Planning Manager)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Resolution Staff Report

1. Vicinity Map.pdf

2. Notice of Public Hearing

3. Applicant's Plans

4. Traffic Calming Measures Exhibit

5. Traffic Memo

6. City Council Draft Minutes dated September 27, 2022 (excerpt of draft minutes related to the project)

7. City Council Staff Report dated September 27, 2022 (without attachments)

8. Planning Commission Staff Report dated August 2, 2022 (without attachments)

9. Planning Commission Resolution No. 05-22

10. Draft Resolution

5.REGULAR CALENDAR

5.1 Adopt a Resolution to Appropriate ARPA Funds for Police Recruitment Incentives and Marketing (Jeri Tejeda, Human Resources Director) Staff Report

1. Resolution

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
(b) Update on Emerson Ranch Commercial Center Approvals (c) City Attorney Report Regarding Raising of Personnel Matters During Public Comment
5 MEMO - Emerson Commercial Entitlements Summary
Staff Report-Analysis Concerning Regulations Limiting Discussion of Personnel Matters During Public Comment

1. Judicial Opinion (Leventhal v Vista Unified School District)

2. Judicial Opinion (Baca v Moreno Valley Unified School District)

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

7.WORK SESSION

8.CLOSED SESSIONS

9.ADJOURN
6 Proclamation
John Muir Community Health Fund Day
October 25, 2022
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, Randy Pope, Mayor of the City of Oakley, on behalf of the City Council, do hereby proclaim Thursday, October 25, 2022, as John Muir Community Health Fund Day in the City of Oakley, 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.

October 25, 2022
_________________
Randy Pope, Mayor
7 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the
Oakley Public Financing Authority held
September 27, 2022
1) OPENING MATTERS

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

1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.

1.3 Reading/Presentation of Proclamation 1. Peripheral Artery Disease Month (PAD) (RoseMarie Laguna, Sutter Delta Advanced Wound Care Center Program Director)
Mayor Pope presented the proclamation to RoseMarie Laguna, Sutter Delta Advanced Wound Care Center Program Director. She thanked the Council. 2) PUBLIC COMMENTS
Liz Fuller provided written comment regarding library programming made possible by ARPA funding from the City.

Barbara Bautista requested the Council consider rent stabilization for Oakley to keep residents housed. She shared information regarding significant rent increases since 2019.

City Attorney Derek Cole responded that the City has no input as federal and state law control; however, with exception, Antioch passed a rent stabilization ordinance and it is a completely different undertaking; absent something like that, the City has no control.

Mayor Pope invited her to stay after the meeting to have a more robust discussion. 8 3) CONSENT CALENDAR

3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency/Public Financing Authority Meeting held September 13, 2022 (Libby Vreonis, City Clerk)

3.2 Approve Minutes from the Special City Council Meeting held August 25, 2022 (Libby Vreonis, City Clerk)

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

3.4 Waive the Second Reading and Adopt an Ordinance to Amend Oakley Municipal Code Chapter 4.31 (Water-Efficient Landscape Requirements) to Adopt the State of California’s Model Water Efficient Landscape Ordinance as Amended by Diablo Water District’s Regulation No. 8 which Prohibits New Installation of Non-Functional Turf (Ken Strelo, Planning Manager)

3.5 Adopt a Resolution to authorize execution of the Joint Community Facilities Agreement between the City of Oakley and East Contra Costa County Habitat Conservancy for Community Facilities District No. 2022-1 (HCP/NCCP Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
No public comments were submitted.

It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS

4.1 AB 1276 Single-Use Foodware Accessories and Condiments - Introduction of an Ordinance Adding Chapter 4.38 (Single-Use Foodware Accessories and Condiments) to the Oakley Municipal Code (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint presentation.

Councilmember Fuller inquired how disabled individuals that require use of straws can access utensils.

Mr. Strelo explained straws can be given to customers upon request.

Councilmember Fuller inquired if the intent is that they would have those available.

Mr. Strelo confirmed that is correct.
9 Public Comment
Dan O’Leary inquired if it is required that someone asks for them or if an establishment could offer one.

Mr. Strelo confirmed an establishment could offer one.

Councilmember Williams commented that the ordinance doesn’t restrict the type of straw provided or that it cannot be self-serve, so she feels the ordinance is fine.

It was moved by Councilmember Williams and seconded by Councilmember Higgins to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0)

4.2 Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) Request to subdivide an approximately 2-acre site into eight (8) single-family residential lots and a variance request on meeting the minimum lot requirements for four (4) of the eight (8) lots (APN: 035-090- 082) (Ariana Ruiz, Planning Technician)
Ken Strelo presented the staff report and PowerPoint presentation.

Councilmember Williams inquired if there is any way for the project to happen without the roads being connected.

Mr. Strelo explained staff may not be able to answer that as staff analyzes the project presented by the applicant.

Councilmember Williams inquired if the streets connecting is what the applicant wanted, not the City.

Mr. Strelo explained the site plan presented is what was originally proposed to the City.

He mentioned Wildcat terminates right now at Fuchsia and West Ruby terminates in a flat manner. He indicated owners haven’t moved forward until now with a subdivision and it makes sense to have streets for connectivity.

Councilmember Higgins inquired why there is no stop sign at Wildcat Way and West Ruby.

Mr. Strelo explained the area would have to undergo a stop sign warrant and if a stop sign is then warranted, the applicant would have to fund it.

Councilmember Higgins commented there was a public comment to change the proposed roadway to a bike path and pedestrian access, but then they wouldn’t have a roadway.
10 Mr. Strelo mentioned curb gutter and sidewalk will be installed on the north and south side and the roadway would be 36 feet.

Councilmember Higgins commented that Police will use that as an entrance and exit.

Mr. Strelo commented that Police would continue to have use of the gate on West Ruby and if the project is approved, they would have the option to exit out the gate west toward Teakwood.

Councilmember Higgins expressed concern with the number of Police trips that could be made onto Wildcat and Fuchsia.

Mr. Strelo commented Police use of the gate may not be too often as they are usually already out in the field when they get calls, but the opportunity would be there for Police coming and going to/from shifts or for emergency calls. He mentioned on Duarte there is a curve in the road that significantly slows down traffic and this curb would be similar.

Councilmember Higgins commented it could also be like Nascar and some may view the road as fun, not prohibiting.

Vice Mayor Meadows inquired if they could condition the project with a stop sign without doing a study.

Public Works Director/City Engineer Kevin Rohani commented that when adding a stop sign or signal, nationwide, Police cannot enforce someone running the stop sign or signal unless there is a warranted study. He mentioned the warrant would be done and paid for by the developer. He shared staff is involved with traffic issues across town and have implemented traffic calming measures including bulb-outs at the end of Ruby and Fuchsia. He mentioned the length of the street is 100 feet from the end of the Police parking lot to Fuchsia and because of the geometry, this is not designed as a racetrack; Police will deal with people not following the law.

Vice Mayor Meadows inquired how stop signs are placed in major subdivisions without warrant.

Mr. Rohani indicated the developer does the study as part of their project.

Public Comments
Dan O'Leary shared a copy of an alternative proposed plan with the Council that would creating a buffer for residents on Duarte. He commented he believes they can all work together toward a mutually beneficial solution. He mentioned the current 8-lot proposal overpopulates the neighborhood which will result in a decline of quality of life, against Oakley’s vision for a unique and small-town feel. He requested the oak tree be spared and conserved for the habitat and ecosystem. He suggested alternative road devices 11 such as roundabouts, bike paths and pedestrian walkways. He requested the project be postponed proposal until equitable collaboration can be achieved.

The Council requested Mr. O’Leary allow the applicant to see the alternative plan.

Kimberly Brower commented that where Wildcat connects to Gardenia will become a raceway for people to make up time where they had to slow down for the curve. She mentioned the bulb-outs on Duarte are ineffective and don’t work. She mentioned the proposed intersection is in front of her house and she has 2 young children whose safety is of concern. She provided Saturday as an example when Main Street was closed for a festival; she saw dozens of speeding cars on Fuchsia. She mentioned she moved near a lot that she knew would be developed, but she never thought the street would join. She requested the Council consider postponement to allow for collaboration.

Greg and Susan Dahl submitted written comment made part of the meeting record.

Scott Brower shared he works for UPS and sees speeding situations all the time. He mentioned the S-curve is used to mitigate speed, but it really doesn’t; he sees all the time people hit the gas and bulbed curbs are the same. He mentioned the area will be congested as a parking lot for school drop off and pick up; people will still speed otherwise. He shared he saw the streets used as bypasses when Main Street was closed with 30+cars that went by on Fuchsia. He expressed fear that as proposed, they will be in danger of drivers not paying attention and speeding to get time back. He mentioned the court with the walkthrough would allow access to the park and Downtown but restrict access for vehicles.

Doug Fowler requested the Council not move forward with the project as proposed because there are too many houses on a small property and traffic that comes with it.

He commented that by connecting Ruby and Wildcat, it unintentionally creates a bypass from Main Street which will result in increased traffic. He shared they all bought homes on the street for quality of life because the street wouldn’t go through. He mentioned they can take land for the road and allow the developer to reconfigure the plan for pedestrian and bike access without adding cars so that everyone gets something out of it; the neighborhoods maintain their character, the developer gets the lots they want, the people buying the homes are not slighted, and there is access to parks and the school.

Councilmember Higgins inquired if there is enough space to have a roundabout at Wildcat, Fuchsia and West Ruby instead of a bulb out.

Mr. Strelo indicated roundabouts have different requirements and he is having trouble visualizing where it would go but has noted the comment for staff follow up.

Councilmember Fuller expressed concerned regarding the S-curve. He mentioned if someone is going west on Ruby making a turn northeast, it is somewhat blind, then going west to Fuchsia there is not a clear view for a driver what is ahead in the residential zone; there is a blind spot. He shared he went through the same thing in his 12 neighborhood; the street was 60-feet wide until the developer built south, the street opened and became an exit out of the development. He mentioned it was traumatic and there was a safety concern for kids playing in the street and driving in and out of driveways. He suggested staff check in regularly with people and how to mitigate it, especially around the school. He expressed he is bothered by the lack of visibility when making a northeast turn and making another turn into a street blind coming from the east going west on Ruby.

Councilmember Williams inquired if there is any option to consider an alternative site plan such as the one submitted by Mr. O’Leary. She mentioned the roadway is the sticking point, but the number of homes doesn’t seem to be an issue.

The applicant spoke mentioning the road connection was requested by the City for access and the proposed plan may be workable.

Mayor Pope commented that the variances are no problem. He mentioned it meets density for the area and they are not changing the zoning. He expressed concern with traffic as they are not just building 8 houses; it is changing traffic patterns as vehicles use Ruby to Wildcat as a bypass. He mentioned it is probably bigger than they realize in the planning phase. He mentioned if they do something, they need more traffic calming measures as lot 5 will be backing out of the driveway at the S-curve. He commented he likes the bulb outs on the west side and should have them on the east side as well. He inquired if there is pedestrian access west of this property between Wildcat and Main Street.

Someone in the audience commented it is gated off.

Mayor Pope commented he is interested in hearing about the City-initiated street connection. He mentioned he understands the need for emergency vehicle access to go east and west. He inquired if there is a timeline for the stop sign warrant.

Mr. McMurray mentioned staff can initiate it as soon as the street is developed. He shared the items can be addressed through conditions of approval such as traffic calming measures to make the roads safer. He shared when the City acquired the property to create the Police parking lot extension it was always intended for the street connection to Ruby to the west. He indicated it changes the character of the neighborhood some. He expressed he feels the project is safe but can look at the project to make it safer. He indicated the ability for Police to move throughout the City for public safety is important and staff wanted to make sure that connection exists for that reason.

Mayor Pope mentioned regarding the traffic warrant, if it is done too soon after the project, the motoring public may not have yet discovered this path. He suggested to do two studies, one immediately and one in one year, or do one a year post-project. 13 Councilmember Fuller corrected his previous comment. He mentioned he meant a northwest turn going west. He inquired what staff’s take is on visibility as vehicles move along the streets.

Mr. Strelo commented if there are concerns regarding visibility, they don’t have house layouts or driveway cuts proposed; they can always condition the map that lot 5 must locate the garage or driveway on the west side of the lot to help increase visibility around that turn.

Councilmember Williams expressed she believes it is important for Police to have access to both the east and west. She inquired if the proposed handout map included Police access and viewed the map to confirm.

Vice Mayor Meadows suggested the study for the stop sign be done immediately and if not warranted, again 6 months -1 year later.

Councilmember Higgins commented looking at an alternative is great but then they are forced to say we want Police to have access; it is a lot to ask for a new map to be drawn.

Mayor Pope mentioned they build roads to keep 80-90% of motorists safe, but there is a percentage of drivers that will do stupid stuff so they can be as safe as possible, but they may never be 100% safe; they can mitigate risks but cannot eliminate everything.

He mentioned in looking at the streets, both Ruby side sidewalks turn into grapevines, and it appears very clear with the temporary barrier that the street will be extended; it was not meant to be the end of the line and should have been expected to happen.

Regarding the stop sign warrant, he suggested they look at Wildcat and Fuchsia and West Ruby and Duarte, immediately after completion (before City accept improvements) and 1 year after.

Councilmember Fuller agreed with Mr. Strelo that it would be much easier if there is a condition on lot 5 to place the driveway exit on the west side of the lot to increase visibility. He mentioned the area needs proper signage for vehicles to drive slowly.

Vice Mayor Meadows inquired if there are any other conditions the Council wishes to add. He agreed with both the stop sign warrant and changing the driveway location on lot 5.

Mayor Pope inquired if they could put signage for “local residents only beyond this point” or something similar to discourage vehicles from using it as a bypass from Main Street.

Mr. Strelo indicated traffic calming signage such as a school coming up or slowing for children would be possible; however, he is not sure if the intention is to turn a public road into what may be thought of as a private road; signs need to potentially be regulated and enforced.
14 Councilmember Fuller commented that if Police can’t enforce a stop sign it is better not to put it up with a false sense of security; he would rather have a stop sign that is warranted. He mentioned if there is no stop sign, he believes all people are responsible to stop before the intersection.

Mayor Pope commented in an uncontrolled intersection, a blind intersection requires drivers to slow down to 15 mph but may not apply to all points of an intersection if there are some stop signs.

Mr. Rohani mentioned the City can have a robust sign package, advisory signs lower speed, and Oakley has its own traffic calming signs for pedestrians and bicyclists. He mentioned they also have enhanced bulb outs and can added enhanced traffic calming measures.

Councilmember Higgins inquired about a tabletop like in Emerson instead of a bulb out.

Mr. Rohani commented that once all is built staff can consider it with traffic calming measures and study.

Mayor Pope asked him to explain what a tabletop looks like.

Mr. Rohani explained as a vehicle approaches an intersection, there are crosswalks, and the asphalt raises about 4 inches above street level into the intersection so if a vehicle runs fast through it, it won’t do it again. The speed intended is 15 mph for both this and speedhumps.

Mayor Pope mentioned there are speedhumps on Fairview in Brentwood and great for slowing vehicles down.

Mr. Rohani mentioned they are located at Emerson Ranch and Delaney Park.

Mayor Pope inquired if the signage would include the school and park.

Mr. Rohani mentioned they will look at the comprehensive sign package; there are two parks and a school.

Mayor Pope commented the exit at the Police lot should have signage for slowing due to emergency access.

Mr. Rohani mentioned on Highway 4 and Empire, just before 7-11, there is a selfstorage driveway; there were issues with cars exiting and they installed signs that cars are exiting the driveway so they can incorporate similar signs at the Police gate.

Mr. Strelo commented that staff would be happy to summarize the conditions expressed.
15 Councilmember Fuller commented he heard they could take it back and redesign. He inquired if that is a better alternative than placing conditions. He shared he wants conditions but is leaning toward sending it back and including conditions, so everyone has a clear view of what they are doing.

It was moved by Councilmember Fuller and seconded by Councilmember Williams to continue the item until the plan is updated. Motion was unanimous and so ordered. (5-0) Mayor Pope indicated he would like the things talked about included ahead of time.

Mayor Pope called for a brief recess at 7:55 p.m. The City Council reconvened at 8:02pm.

4.3 Approve the Formation of the City of Oakley Community Facilities District No. 2022-1 (HCP/NCCP Services), hold a Public Hearing and Special Landowner Election, Declare the Results of the Election and Introduce an Ordinance to Levy a Special Tax for Community Facilities District No. 2022- 1 (HCP/NCCP Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Mayor Pope announced this is the time and place for the public hearing. He called for any written protests then opened the public hearing.

Public Works Director/City Engineer Kevin Rohani presented the staff report.

Mayor Pope asked for comments, questions, and protests from the audience. Being none, he closed the public hearing. He mentioned the Council will consider the resolutions. He asked the City Clerk to announce the result of the property owner vote.

City Clerk Libby Vreonis announced ACD-TI Oakley LLC is in favor of the levy of the special taxes and the establishment of the appropriations limit.

Mayor Pope announced that at least 2/3 of the property owners’ votes are in favor of the levy of the special taxes and the establishment of the appropriations limit. He mentioned the Council will proceed with considering the resolution to direct the City Clerk to record the special tax lien and introduction of the ordinance levying the special taxes in the district to be considered for adoption on October 11, 2022.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution and waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0)
16 5) REGULAR CALENDAR

5.1 Adopting a Resolution Amending the Fiscal Year 2022/2023 Budget and Authorizing the City Manager to Execute the Contract for the Preparation of an Economic Development Work Plan Update (Harumi Murata, Economic Development Analyst)
City Manager Joshua McMurray presented the staff report.

Councilmember Williams inquired what the timeline is to see results from this.

Mr. McMurray responded that it is a 5–6-month proposal and a lot of work will occur in the early stages to present something meaningful to the Council.

Councilmember Fuller mentioned they can realign assets to the greatest economic growth and he would like to go along with the program.

No public comments were submitted.

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

5.2 Authorize for the City Manager to Execute a Purchase and Sale Agreement with Roy and Erica Pantle for the sale of real property located at 3980 Empire Avenue (APN: 034-010-033) (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report and PowerPoint presentation.

Vice Mayor Meadows inquired if the item requires two motions or one.

City Attorney Derek Cole advised that because the Council is acting as two separate agencies with the Successor Agency, two motions are preferred.

No public comments were submitted.

It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt a resolution on behalf of the City Council. Motion was unanimous and so ordered. (5-0)
It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to adopt a resolution on behalf of the Successor Agency. Motion was unanimous and so ordered. (5-0)
17 5.3 Waive the First Reading and Introduce an Ordinance Amending Sections

2.9.002 through 2.9.010 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 Repeal Sections 2.9.012 through 2.9.020 of the Oakley Municipal Code, and Adopt a Resolution Providing Disclosure Categories and updating Designated Positions, to become the “Appendix” of the City of Oakley Conflict of Interest Code (Libby Vreonis, City Clerk and Kim Snodgrass, Deputy City Clerk) City Clerk Libby Vreonis presented the staff report.

No public comments were submitted.

Councilmember Fuller inquired if the Planning Commission is included.

Mrs. Vreonis responded that the Planning Commission and other select positions are included in Government Code Section 87200 which is incorporated into the ordinance.

It was moved by Councilmember Higgins and seconded by Councilmember Fuller to waive the first reading and introduce the ordinance and adopt the resolution. Motion was unanimous and so ordered. (5-0)

5.4 Adopt a Resolution declaring one property as “Surplus” and direct Staff to provide the notices required by AB 1255 and AB 1486 (Joshua McMurray, City Manager)
City Manager Joshua McMurray presented the staff report.

No public comments were submitted.

It was moved by Councilmember Williams and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0) 6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray shared that the City will have events next month to celebrate Oaktober (they are branding). He reported he attended a joint meeting between the Oakley City Council, Diablo Water District and Ironhouse Sanitary District yesterday to discuss the Delta Conveyance Project. He announced a Movie in the Park will be held October 1 and the last Friday Night Bites and concert series for the year will be held October 7.
18 (b) Policy Regarding Future Agenda Requests
Mr. McMurray mentioned a policy regarding future agenda requests has been requested. He shared the current informal policy requires when a Councilmember wants to bring an item forth to the Council to obtain a second approval for the item to move forward for staff to research, prepare and bring back to the Council for consideration. He mentioned it takes time and resources to bring every item forward so the policy provides more validity to spend the time to bring items forth. He mentioned should a written policy be desired; staff can move forward with a draft policy and resolution to bring forth to the Council and in the meanwhile, continue with the informal policy of having approval from two Councilmembers to research items and bring them forth. He requested Council feedback.

Councilmember Fuller mentioned the Brown Act gives the City Manager leeway to talk with City Councilmembers and let them know if an idea is taking or not. He mentioned requiring two Councilmembers to approve negates their ability to put an agenda item together, although he understands time spent if only one Councilmember is requesting an item; therefore he encourage the City Manager using his leeway.

Councilmember Higgins commented she likes having support of another member or it dies right there.

Vice Mayor Meadows commented if there are two people there is more validity instead of staff wasting time. He expressed he understands what Councilmember Fuller is saying and doesn’t mind the City Manager talking to the Council, but there should be a written policy for support of at least two Councilmembers.

Councilmember Williams expressed she likes that the request comes straight from the person’s mouth. She explained when it comes from 1-1 meetings, other Councilmembers may not understand why it is important to that Councilmember; it can be lost in translation. She mentioned she has always understood future agenda items to require first and second approval and she feels like it works okay.

Mayor Pope commented that the policy could prevent one Councilmember from being an activist on everything and staff spending time researching everything to bring back to the Council for consideration that may not be successful; with at least two Councilmembers supporting items, it gives some consensus on Council and the item has a better chance of being successful. He expressed the discussion needs to be public to hear arguments for and against. He mentioned he doesn’t like the idea of using the City Manager; it is unfair to the City Manager and looks like a backroom deal that could provide the appearance of a Brown Act violation. He shared the consensus is to bring a policy back for consideration.
19 (c) Policy Regarding Ad Hoc Committees
City Attorney Derek Cole reported on the subcommittee process for the City Manager’s review. He mentioned years ago a resolution was adopted for a one-year term and was then followed by practice with more recently the City Attorney taking the lead and having a subcommittee review. He mentioned with consensus and direction from the Council, he can prepare a staff report as a regular agenda item and bring forth to the Council to discuss.

Councilmember Fuller requested the item be brought forth. He mentioned the subcommittee has substance, but parameters and boundaries need to be set, and the City should codify how it selects the committee.

The remainder of the Council agreed with bringing an item forth.

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Fuller reported he attended the Heart of Oakley Festival and yesterday a landmark decision was made during a joint meeting between the Oakley City Council (Vice Mayor Meadows and Councilmembers Fuller and Higgins attended), Diablo Water District and Ironhouse Sanitary District to pass a resolution to stop the Delta Tunnel/Delta Conveyance Project.

Councilmember Higgins commented the Heart of Oakley Festival was awesome. She announced the 6th Out of the Darkness Walk Saturday at Cypress Grove Park beginning at 9am. She mentioned they will be presenting ceremonial beads. She shared four of her family members have taken their lives which is symbolized by purple beads which she will be speaking about.

Councilmember Williams reported she attended the Park and Ride opening and ribbon cutting ceremony for Tri-Delta; its next Board meeting will be held tomorrow. She commented that the Heart of Oakley Festival was amazing, and she appreciates the work put into it and it sets our community apart.

Vice Mayor Meadows commented that the joint meeting held last night was very informative. He thanked Diablo Water District for suggesting it. He also commented that the Heart of Oakley Festival was a fantastic event.

Mayor Pope commented that the joint meeting was unprecedented, and he hopes the relationships and partnerships will go beyond this conveyance. 20 (b) Requests for Future Agendas
Mayor Pope mentioned the Habitat Conservancy is inquiring who the new appointee will be for its December 19 meeting. He inquired if the 2023 appointment list can be brought forth December 13 for discussion by the Council.

City Clerk Libby Vreonis confirmed staff can bring forth the list December 13 to the Council.

Councilmember Fuller requested the following items:

1. Advance notice of pending CUPs to the Council and public. He mentioned if they are not calling it for consideration by the Council, they are acquiescing to it being heard by the Planning Commission. Mr. McMurray mentioned staff can advertise more through social media every few weeks, links to the Council on a weekly basis, and when staff anticipates projects to be heard. Councilmember Williams supported it. Mayor Pope cautioned of timing of notice as to not tilt the scale regarding a project.

2. Nonprofits applying for temporary permits-advertise and create a standard for issuing a permit and for reporting. There was no support for it.

3. Public comments to address non-agenda items, but not personnel items as it can threaten property rights, it creates acts of violence, and creates a hostile work environment for staff. He suggested a vehicle tag that staff delivers dedicated service or staff are dedicated civil servants. Vice Mayor Meadows indicated he supports First Amendment rights; however, he had issue with the threats made during the last Council meeting that were beyond reasonable. Mayor Pope commented he can take a more proactive stance for people to address the Council, not staff, at the podium. He mentioned the Council tells staff what to do and so people should be upset with them, not staff. He also mentioned he believes it will be a treacherous path to limiting free speech; however, laws already exist regarding threats against public officials. He inquired if they can have language that addresses that.

City Attorney Derek Cole commented at least 2 members would like analysis and he will provide a report; if appropriate changes can be made respecting both the Brown Act and First Amendment, the Council can provide direction and he can bring it back.

Councilmember Higgins inquired if there is a process or policy who gets to have business at events. She mentioned licensed Oakley businesspeople are saying they couldn’t get a spot at events. Councilmember Fuller supported looking at a process or policy. Mayor Pope mentioned he is curious what the current policy is. 7) WORK SESSION
None.
21 8) CLOSED SESSIONS
Mayor Pope announced the closed session.

8.1 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATIONSIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(d)(2). One potential case. 9) ADJOURN
There being no further business, the meeting was adjourned at 9:40 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
22 Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
October 11, 2022
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams and George Fuller were also in attendance. Mayor Pope announced Councilmember Sue Higgins was absent due to attending a transportation conference in Seattle, Washington, representing the City and her committee assignment.

1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.

The City Council considered Public Comments and the Consent Calendar prior to presentation of proclamations while the City Clerk obtained the proclamations to present.

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)
Mayor Pope presented the proclamations. Recipients accepted and shared information. Pride & Purpose Project Youth Advocates Patricia Britton and Van Le provided red ribbons to the City Council.
2) PUBLIC COMMENTS
None.
23 3) CONSENT CALENDAR

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)

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

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)

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)

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)

3.6 Fiscal Year (FY) 2022/23 First Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)

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)

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)

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)
24 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)

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)

3.12 Review of Proclamation Request for Future Agenda (John Muir Community Health Fund Day) (Libby Vreonis, City Clerk)
One online public comment was submitted by Dwight Hodgen regarding item 3.8.

He inquired about the impact of extraction of water from the well on private party wells in the area. Public Works Director/City Engineer Kevin Rohani spoke directly with Mr. Hodgen prior to the meeting to answer his question.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the Consent Calendar. Motion was unanimous and so ordered. (4-0) Presentation of proclamations occurred next, before Public Hearings. 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) Planning Manager Ken Strelo shared staff recommends continuing this item to a date uncertain to allow time for staff to review and analyze comments submitted.

City Attorney Derek Cole explained there is a difference between continuing an item to a date certain or date uncertain. He shared if an item is continued to a date certain, staff does not have to re-notice. He mentioned the reason the agenda says a date uncertain doesn’t mean staff is going to push it off; it is because staff is looking for flexibility to do analysis and review, and respond to comments received. He mentioned the intention is to bring this item back at the beginning of the year, but staff does not yet have a date certain. He commented that the Council has the option to pick a date certain.

Mayor Pope called for public comments and shared that one written public comment was submitted (by Shelly Fitzgerald) inquiring about the delay which Mr. Cole explained.
25 Councilmember Fuller requested a moratorium on issuing any building permit, CUP, variance, or other item that would fall within the Zoning Code until the Council passes a zoning ordinance. He mentioned it has been 18 months since Councilmember Williams requested the item and it has gone back and forth since then, and the community is losing confidence that it will come together.

Councilmember Williams inquired what it would take to have moratorium.

Mr. Cole responded that they cannot discuss the substance of it because it is not on the agenda; it can be requested as a future agenda item; however, he can mention that a moratorium requires an urgency ordinance that would require time for him to draft and bring back.

Councilmember Fuller respectfully disagreed that it is not off the agenda.

Mr. Cole clarified if regarding the special land uses only, they could discuss further; however, if a blanket moratorium is desired, the Council may request it as a future agenda item.

Councilmember Fuller indicated he would accept special land uses for this meeting, but he wants a moratorium across the board to come back which he will request as a future agenda item, so the community has trust that the City is not just putting things off.

Mr. Cole commented the Council needs to give staff and legal counsel time to do the job well. He mentioned they may disagree with the developer request, but he wants to hear all comments and create zoning ordinances that work well for everyone. He also mentioned he can appreciate how people can say it is taking a long time, but he also appreciates considering all aspects to bring it forth while balancing all other tasks.

Councilmember Fuller mentioned he is not saying don’t look at it, but until it comes back and passes, he wants a moratorium, and the community needs to know they are going to have a zoning ordinance.

Mayor Pope commented he won’t be on the Council next year but would feel more comfortable to continue to a date certain in January 2023.

Councilmember Williams agreed with a moratorium for the special land uses until it is solidified and to bring the item back on a date certain, January 24, 2023. She mentioned she is not certain how many pending applications there may be or what affect this will have but she thinks a moratorium may be needed so the community knows the City is not just putting it off while more applications can potentially come in.
26 Mr. Cole commented it is up to the Council if a moratorium is wanted but he cannot draft it by Monday to meet the agenda deadline for the next Council meeting to be held October 25. He suggested he could bring it forth for the November Council meeting.

Councilmember Fuller inquired what happens if the Council passes a moratorium tonight.

Mr. Cole explained the Council cannot address a moratorium tonight as there has been no notice of it on the agenda.

Councilmember Fuller expressed concern regarding putting it off. He made a records request for every CUP, building permit, variance and design submitted until the item is brought back.

Vice Mayor Meadows inquired if Councilmember Williams’ motion was only to continue the item to a date certain, January 24, 2023, not a moratorium.

Councilmember Williams indicated her motion is to continue the item to January 24, 2023. It was seconded by Vice Mayor Meadows. AYES: Meadows, Pope, Williams. NOES: Fuller. (3-1)
5) REGULAR CALENDAR
None.
6) REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported the BNSF railroad signal arms have been malfunctioning. He shared BNSF indicated there were some faulty shunts on the track that have been fixed, but arms are still malfunctioning. He also shared that BNSF indicated technology warns the train operator of malfunction; however, he does not believe this creates comfort for residents or staff; BNSF needs to make sure the railroad arms are operational and safe, and staff has been in contact with BNSF repeatedly regarding this issue.

Councilmember Williams inquired if there is anything the City can do to hold BNSF accountable.

Mr. McMurray explained he wishes the City had more leverage but the railroad is higher on the totem pole than the City; however, contacts at BNSF have now been more responsive and he believes they are making positive traction. He mentioned the 1-800 number on the control cabinets has been ineffective. He expressed any comments the 27 Council can provide to staff to direct to the Washington BNSF team to direct to the BNSF local team would be helpful.

Vice Mayor Meadows commented it is imperative for staff to keep working on it and he appreciates contacts made. He suggested Congressional representatives may help. He mentioned even if BNSF is taking precautions, it is still a safety issue for the City with traffic backing up on Cypress and Main streets, and the railroad needs to be responsible for its equipment and step up.

Councilmember Fuller suggested the City Attorney might help to draft an ordinance provision to place a limit on the amount of time trains can block traffic. He mentioned when he was with LAPD, trains could not block traffic for more than 15 minutes.

Mayor Pope mentioned if it can be addressed by local ordinance that it should, but he believes it may be a federal matter and suggested reaching out to federal representatives. He shared he believes there already is a restriction for trains blocking traffic for more 15 minutes, but he would like to hear back regarding enforcement of that restriction.

Mr. McMurray also reported on the Burrough’s property consisting of 43 acres with Westgate Venture. He mentioned the City has accelerated frontage improvements along East Cypress, the parcel extending from Knightsen to the canal overcrossing. He shared that plans are out for CIP 247, the bid will occur later this week, staff will bring forth a contract on October 25, and construction is expected to begin early next year to provide a 6-lane road and improvements to make the section safer.

Mr. McMurray also reported on East Cypress from the canal to Bethel Island Road. He mentioned the Council approved a reimbursement agreement earlier this year with two developers, TI Capital and DeNova. He shared TI Capital is developing 3,200 homes and is wrapping up plans and permits, and DeNova has 824 homes and they are actively building the levy on the Summerlake North project. He mentioned staff is working with both developers for roadway improvements including widening of the canal crossing and a 4-lane divided road. He shared that eventually, the project will traverse over Rock Slough Bridge to a new road to connect to Delta Road. He indicated staff is analyzing right-of-way to acquire and will engage with property owners regarding acquisitions early next year.

Councilmember Williams mentioned she previously suggested a timeline be placed on the City’s website. She inquired if anything is available on the City’s website to view.

Mr. McMurray responded that the City’s website was updated to include the evacuation route and staff can provide more detail on the website regarding improvements to be installed on that section and the Burrough’s project.
28 Councilmember Fuller suggested periodically posting updates on all projects so the public knows what is being done and that projects have not fallen off just because others have started.

Mr. McMurray responded staff can update the website and get more information out to the public.

Mr. McMurray also reported that the City has a MOU in place now with property owners on Holland Tract in addition to Reclamation District 2025 on Holland Tract for evacuation routes. He mentioned they are nearing signature on a similar MOU with Reclamation District 799 within Oakley’s jurisdiction to complete the overall agreement structure to allow the evacuation route to happen.

Mr. McMurray also reported that on October 25, staff expects to bring a preliminary design and right of way alignment contract between Teton and Sellers to provide relief from East Cypress and direct access from Sellers to Laurel. He mentioned it is a $40 million project and staff will notify property owners and find money for construction. He shared the City has a new grant writing firm to find money. (b) Update on Current Planning Applications
Mr. McMurray provided an update on current Planning applications pursuant to the Council’s request for staff to provide more advance notice on Planning projects. He shared staff has started social media outreach to advertise current projects and provide links to information. He also shared the projects’ page is the 7th most viewed webpage on the City’s website.

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
Vice Mayor Meadows reported he attended the Mayors' Conference virtually last week and there will be several appointments at the next Mayors’ Conference meeting with some current Councilmembers retiring and with openings on committees. He announced transit meetings have been canceled for November.

Councilmember Williams reported Tri-Delta Transit had a full return to service on September 12, an Uber-like service called “Try My Ride” provided by Tri-Delta for public transit is up 46% and is doing great, and at-large board position is up for anyone interested in applying. She shared it is the best committee she has served on.

Mayor Pope announced the next Habitat Conservancy meeting will be held virtually on October 21 at 10am and he expects it will be the last virtual meeting which can be viewed by going to the Habitat Conservancy page on the County’s website. He 29 mentioned Habitat Conservancy meetings in 2023 should be held in person. He suggested a similar page on the City’s website to that of Planning projects for CIP projects.

Mr. McMurray indicated staff can provide a similar page for CIP projects. (b) Requests for Future Agendas
Councilmember Fuller requested:

1. A moratorium on development of special land uses (drive-through restaurants, carwashes, gas stations and self-storage).

Councilmember Williams supported this moratorium.

2. A moratorium stopping all applications until a zoning ordinance is approved. There was no support for this moratorium.

3. A closed or open session item regarding the Laurel Road acquisition.

Mr. McMurray indicated staff is on track to bring forth an agreement for the right-of-way on Laurel Road on October 25.

4. A policy addressing no person may discuss personnel matters at the podium during public comment. Mr. McMurray indicated the City Attorney will address the item via memorandum.

5. Consider any CUPs, licenses, or business operations for the NW corner of Sellers and E. Cypress to come before Council. Mr.

McMurray commented he will check and report back, but he believes the development plan was already approved. Mr. Fuller specified in relation to CUPs (a potential beer cave in the area), he would like to see that come to Council.

6. Ordinance restricting amount of time trains can stop traffic. 7) WORK SESSIONS
None.
8) CLOSED SESSION
None.
9) ADJOURN
There being no further business, the meeting was adjourned at 7:44 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
30 DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Award of Construction Contract to R&R Pacific Construction Inc. for the construction of East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road) – Capital Improvement Project (CIP) Number 247
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s Strategic Goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

In the recent years, East Cypress Road has seen an increase in traffic due to the rise in subdivisions developments along the East Cypress Corridor. The roadway needs to be widened and improved from its current 2-lane configuration that was constructed by the County decades ago to accommodate the growth of the community in East Cypress Road corridor.

The Cypress Grove, Emerson Ranch, and Gilbert Ranch subdivisions widened East Cypress Road from Main Street to Knightsen Avenue as a part of their developments and the Grand Cypress Preserve development will reconstruct and widen East Cypress Road from Jersey Island Road to Bethel Island Road as a part of that development project.

CIP No. 247 will complete the gap between the development projects and widen East Cypress Road to 6 lanes from Knightsen Avenue to west of Jersey Island Road. This project will help alleviate the congestion and provide a higher capacity roadway to handle the demand from the future growth along the East Cypress Corridor.

The project will construct a 6-lane divided roadway from Knightsen Avenue to west of Jersey Island Road. The improvements will include a median island, buffered bike lanes, sidewalk, traffic signal, streetlights, underground utility (storm, sewer, water, gas), landscaping and irrigation.

STAFF REPORT
Approved and Forwarded to the City Council
31 On October 14, 2022, a total of nine (9) bids were received and R&R Pacific Construction Inc. was the lowest responsible bidder for the project at a total cost of $9,176,712.25. The regional economic climate has activated a great deal of construction activity, both in private development and in public works projects. Staff will continue to work on implementing the Capital projects for the City of Oakley as effectively as possible, taking economic trends into consideration and strategically executing the bidding and construction of projects in Oakley.

The construction of CIP 247 is anticipated to start in early 2023, after the holiday season.

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

Fiscal Impact
The FY 2022/23 budget has allocated total funding of $8.9 million from Traffic Impact Fees, Measure J, and Gas Tax. To fully fund this construction project, including $900,000 for change orders, staff is proposing to transfer $2.0 million from CIP 280, as those budgeted funds will not be needed within the next two or three fiscal years.

Staff Recommendation
Staff recommends that the City Council adopt the resolution authorizing a $2.0 million budget transfer from CIP 280 to CIP 247, approving the construction agreement with R&R Pacific Construction Inc. for an amount not to exceed $9,176,712.25 and authorizing the City Manager to execute the agreement.

Additionally, due to variables associated with construction projects, and to address unforeseen circumstances during construction; staff further recommends that the City Council authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $900,000 for work beyond what is defined in the base project bid.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AGREEMENT WITH R&R PACIFIC CONSTRUCTION, INC. FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT (CIP) NUMBER 247 –

EAST CYPRESS ROAD WIDENING PROJECT (KNIGHTSEN AVENUE TO JERSEY

ISLAND ROAD)
WHEREAS, Bellecci and Associates Inc., prepared the plans, specifications, and estimates for CIP No. 247 – East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road); and
WHEREAS, the plans, specifications and special provisions were publicly advertised for bidding, with the bid period closing at 2:00 P.M. on October 14th, 2022; and WHEREAS, nine (9) total bids were received prior to the close of the bidding process; and
WHEREAS, R&R Pacific Construction, Inc. submitted the lowest responsible bid for a total cost of $9,176,712.25 for the work, and the bid summary is attached as Exhibit A; and
WHEREAS, another $2.0 million beyond what has been appropriated will be needed to complete this project; and
WHEREAS, funding that has been appropriated for CIP No. 280 will not be needed within the next three fiscal years and staff is recommending a transfer of $2.0 million from CIP No. 280 to CIP No. 247;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Agreement with R&R Pacific Construction, Inc. for the East Cypress Road Widening Project (Knightsen Avenue to Jersey Island Road) – CIP No. 247, for an amount not to exceed $9,176,712.25 is approved, the City Manager is hereby authorized to execute the Agreement and change orders in an amount not to exceed $900,000 as necessary, and a $2.0 million budget transfer from CIP No. 280 to CIP No. 247 is hereby approved. 33 Resolution No. XX-22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 25th day of October 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_______________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
34 35

STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Authorize the City Manager to Execute a Consulting Services Agreement with BKF Engineers Inc., to Provide Engineering Design Services for Capital Improvement Project Number 280 – Laurel Road Widening (Cloverbrook Avenue to O'Hara Avenue) Project
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s Strategic Goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

Laurel Road is a major arterial street in Oakley and a key component of the City’s transportation network, in addition to being the only direct connector to Highway 4. The improvements and widening of Laurel Road are a top priority for the City of Oakley.

The City’s Capital Improvement Program includes this project to widen Laurel Road from Cloverbrook Avenue to O’Hara Avenue. This is the last segment of Laurel Road to be widened between Highway 4 and Main Street. This section of Laurel Road becomes congested and creates a major bottleneck during school pick up and drop off times and commute rush hours. The construction of this project will help to improve the congestion and alleviate back-up in front of the school. Also included with this project is the widening of the east side of O’Hara Avenue approximately 750 feet south of the Laurel Road and O’Hara Avenue intersection.

The widening of Laurel Road in the section from Cloverbrook Avenue to O’Hara Avenue will require the relocation of Western Area Power Administration (WAPA) electric transmission poles along the south side of Laurel Road. WAPA is a federal agency that services a 15-state region of the central and western US and part of the overall electricity grid network. These WAPA poles would have to be relocated away from the street towards the vineyard on the south side of Laurel Road. It will take an extensive amount of coordination between WAPA and the City to get the poles relocated.
36 The work on this project had been on hold for several years since the City did not have the Right of Way needed to proceed with roadway construction and utility relocation.

As a result of the diligent work of City staff during the past year, it has resulted in an agreement with the vineyard owner on the south side of Laurel Road. This agreement will allow for the City to acquire the Right of Way needed for this project.

Staff has selected BKF Engineers Inc., as the best suited firm to design this important infrastructure improvement project. This design is complex, since the new widening will have to conform to existing infrastructure both horizontally and vertically and accommodate the multitude of underground utility lines. The design will also include preparing the project documents needed by WAPA as part of their relocation process.

This firm has successfully designed other parts of Laurel Road and have great familiarity with the City’s standards and processes. Staff negotiated the final scope of design work and cost proposal at a cost of $424,318, which is very competitive pricing for a project that will cost more than $4M to construct. BKF Engineers Inc., is the premiere civil engineering firm in the bay area with in-depth expertise in design and construction of infrastructure, including utility relocation and roadway improvement projects for a wide range of municipalities.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety section goal to provide safe streets.

Fiscal Impact
The funding for this project is allocated from the Traffic Impact Fee Fund.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with BKF Engineers Inc., for the design services associated with CIP No. 280 – Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project and to authorize the City Manager to enter into an agreement not to exceed an amount of $424,318.

Attachments

1. BKF Engineers Inc., Proposal

2. Resolution
37 BKF ENGINEERS
Double-click to choose a BKF office
Date 10/10/2022
BKF No 20220520
Kevin Rohani, PE, Public Works Director/City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
Transmitted Via Email
Subject: CIP 280 – Laurel Road Widening (O’Hara Avenue to Cloverbrook Avenue) Dear Mr. Rohani:

BKF Engineers welcomes the opportunity to submit this proposal for civil engineering services associated with the CIP 280 - Laurel Road Widening (O’Hara Ave to Cloverbrook Ave) project located in the City of Oakley, California.

To arrive at the estimated effort required by our office for this Project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the Project.

PROJECT UNDERSTANDING
Based on our meeting on 9/30/2022 and information obtained from the City, we understand the Project as:

The Project proposes to widen Laurel Road to the south from O’Hara Avenue to Cloverbrook Avenue and widen O’Hara Avenue to the east from Laurel Road to approximately 700’ south of the Laurel Road/O’Hara Avenue intersection. The roadway work will also include meandering sidewalks with detached landscape areas, landscape irrigation, stormwater treatment, drainage and utility improvements, signing and striping, green bike lanes, street lighting and traffic signal modifications.

BASIS OF DESIGN
Our proposal is based on the following:

1. Meeting with the City on 9/30/2022

SCOPE OF SERVICES
TASK 1: PROJECT MANAGEMENT

1. Project Management: BKF’s Project Manager, Marcelo Cosentino, will be responsible for managing the project team, providing the resources to complete the job, monitoring and updating the Project budget and schedule, implementing a quality assurance/quality control program and communicating regularly with the City staff.

2. Project Kick-off and Coordination Meetings: BKF has budgeted up to a maximum of twenty four (24) combined staff hours to attend meetings, participate in conference calls and coordinate response to comments. Anticipated meetings include internal coordination, City coordination, and design review meetings.
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TASK 2: DESIGN DEVELOPMENT

1. Obtain/Review Existing Data, As-builts: BKF will contact the City and utility (water, sewer, storm, gas, communications and power) companies that serve have utilities within the Project limits. We will gather the available record drawings and/or block maps to depict the record location of the utilities superimposed onto the existing topographic survey. BKF will compile available street as-builts and right of way record maps to supplement the topographic base drawing.

2. Site Investigations: BKF will visit the site to review the existing site constraints and conditions. We will note any potential challenges for the project improvements and confirm our scope of survey services to support the design process. BKF will document each site visit with notes and photo logs.

3. Establish Boundary/Project Control: BKF will prepare a resolved boundary for the Project. This work will include monument found in the field, research into record maps and county records. Boundary mapping will be shown on the Project control drawing.

4. Topographic Field Survey: BKF will provide the field work to prepare a Topographic Map for the Project.

The topographic survey will be comprised of identified visible site features such as roadways, pavements, evidence of significant traveled ways, walls, fences, trees 9-inches and larger in diameter and visual utility infrastructure. The Project will utilize City benchmarks for the horizontal and vertical datums. a. Utilities - Utility infrastructure within the mapping limits, including sewer, water valves, hydrants, meter boxes, storm drain and marked utilities, if encountered during the course of our field survey, will also be identified. The basic routing, inverts and orientation of the on-site gravity utilities will be identified based on field evidence and any available plans provided if to BKF prior to commencement of the survey. If as-built drawings are not provided or are inconclusive when compared to the field evidence, only data at the dipped structures will be provided. BKF will also provide survey of the existing Western Area Power Administration (WAPA) towers.

5. Aerial Survey/Control: BKF will obtain aerial topographic mapping of the site. The aerial topographic map will be in in digital AutoCAD format and will be used as the background for all project plans and exhibits.
a. The mapping is anticipated to be compiled at 1” = 20’, and will also indicate individual spot elevations at various locations throughout the site. BKF will take a series of photographs for future reference and documentation of current field conditions encountered during the time of our survey.

6. Utility Investigations and Coordination: BKF will prepare a potholing plan for concurrence by the City and work with a potholing contractor to perform utility investigation. This level of effort will minimize construction costs and ensure the correct placement of the proposed improvements. BKF will update the utility base mapping with the pothole information. BKF’s current proposal assumes up to 5 potholes.

BKF will provide coordination with utility owners for relocation of facilities in conflict with the proposed improvements. We will coordinate with the team and verify that the proposed plan conforms to existing conditions, boundary, and site constraints. In particular, BKF will work with the City and WAPA for relocation of three transmission towers on the south side of Laurel Road. We will also work with PG&E for relocation of two guy pole(s) on the south side of Laurel Road

7. NPDES C.3 Compliance: Based on a preliminary review, the site will be subject to the NPDES Stormwater regulations. BKF shall follow the Contra Costa County C.3 Guidebook on the type and amount of 39 10/10/2022

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stormwater quality measures required to develop the site. BKF identify opportunities for low impact design (LID) elements at the site such as bioretention areas and utilize site design measures for the Project.

BKF’s scope will include preparation of a draft and final Stormwater Control Plan for the Project, including an Operations and Maintenance (O&M) plan for the stormwater treatment facilities after the construction is complete.

8. Plat and Legal Preparation: BKF will prepare up to three (3) plat and legals for the Project. Up to two plat and legal descriptions will be prepared for the dedication to the City for public use located at 1650 O’Hara Avenue. One plat and legal description will be prepared for WAPA utility easement along Laurel Road.

9. Design Concept Exhibit: BKF will prepare a concept exhibit to be used as the basis of design for the 65% submittal. The concept exhibit will show the proposed Project geometry, including lane configuration, medians, crosswalks, curb ramps, sidewalks, driveways and landscape areas. The existing and proposed right of way will also be defined on the exhibit.

TASK 3: CONSTRUCTION DOCUMENTS
Based on comments received on the concept exhibit, BKF will develop Plans, Specifications and Estimate (PS&E) documents for the project. BKF will further progress the design with each submittal to ensure that backgrounds, utility points of connection, accessible paths of travel, and stormwater treatment areas are designed and detailed to the level required by the contractor to bid and construct.

BKF will provide design (PS&E) submittals at the 65%, 95% and 100% level of completion. The 65% submittal will become the backbone of the Project and define all major elements of the design. The 95% submittal will refine the project details by incorporating comments on the 65% submittal, continued design development and coordination with utility owners. The 100% submittal will finalize the project design and resolve all comments and coordination from comment on the 95% submittal, design development and utility relocations.

1. Plans: For each design submittal, BKF will prepare the following plans sheets in progressive levels of detail:
· Title Sheet: This plan will include the Project title, vicinity map, location map, drawing index, abbreviations and signature block.
· General Notes: This plan will include the City standard notes, project notes and applicable utility notes.
· Project Control: This plan will define the project horizontal and vertical control, control point information and roadway alignment.
· Key Map: To provide overall limit of work, the key map will identify the limits of work for each plan sheet.
· Typical Cross Sections: Typical cross sections will be develop for the proposed improvements along the Laurel Road and O’hara Avenue alignments. These sections will show the limits of existing roadway conditions, and the width, dimensions and configuration of the proposed improvements including right of way, curb and gutter, planting areas, pavement structural sections and pedestrian areas.
· Demolition Plan: BKF will evaluate the existing facilities impacted by the proposed improvements. The evaluation shall include existing conditions, unusual/special conditions and conform edge conditions for the proposed work. The demolition plan will show existing sidewalk, curb and gutter to be removed, roadway excavation, common excavation and conform grind areas. 40 10/10/2022

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Additionally, facilities to be protected in place will be identified. Existing utility information will be shown as background information.
· Site Plan: The site plan will be prepared showing the limits and scope of the proposed improvements.

Plan sheets will include horizontal layout information and identify all major construction features including areas of reconstruction and limits of conform. The plan will include references to other plans and details for the proposed work.
· Grading and Drainage Plan: This plan will be prepared to show the proposed elevations and drainage facilities for the proposed site improvements along Laurel Road and O’hara Avenue. Grading information will include pavement, curb, gutter and sidewalk elevations at key points and along even intervals along the Project alignments. Drainage information will include location, facility type, surface and invert elevations, and slopes for the proposed drainage facilities. Drainage profiles will be provided for new segments of pipes.
· Construction Details: Details will be provided as necessary to guide the Contractor on special conditions related to the project improvements. This plan will include City and utility owner standard details, and custom details for the project. Each curb ramp, driveway and bioretention area will have a breakout detail for the layout, grading and other pertinent information. · Pavement Delineation and Sign Plan: BKF will prepare pavement delineation and sign plan based on the approved concept design for the project.
· Stage Construction Plans: BKF will prepare stage construction plans for the Project to show how vehicular and pedestrian traffic are managed during construction. · Utility Plan: This plan will summarize existing utilities and proposed utility relocations for the project.

Existing utilities will be protected, adjusted, removed or relocated. Utility relocations will be coordinated with the utility owners and appropriate details/notes will be included. · Planting and Irrigation Plans and Details: BKF, through its subconsultant Gates and Associates, will prepare planting and irrigation plans and details. New landscaping will be added adjacent to the sidewalk on Laurel Road and O’hara Avenue. Landscaping will also be provided in the roadway medians.
· Traffic Signal Plan: The traffic signal modification plan will be prepared for the existing traffic signal at the intersection of Laurel Road and O’hara Avenue. Equipment and conductor schedules will be included with the traffic signal plan.
· Lighting Plan: BKF, through its subconsultant AEC Engineers, will prepare lighting plans for the proposed street lights to be installed along Laurel Road and O’hara Avenue. · Erosion Control Plan: BKF will prepare erosion control plans showing the location and protection of existing inlets, silt fences, and other temporary stormwater control measures/best management practices (BMPs).

2. Specifications: BKF will prepare Parts 1, 2 and 3 of the Specifications using City standard format for all work items necessary for the construction of the project. BKF will assemble the Technical Specifications and appropriate City Special Provisions for locally funded Projects. The specifications will be included with each design submittal.

3. Estimate: BKF will prepare a Construction Cost Estimate to ensure that the magnitude of cost corresponds to the Project budget. The estimate will be prepared using present-day dollars; escalation costs will not be applied. The Construction Cost Estimate will be updated for each design submittal.

4. Quality Control: Based on BKF’s in-house Quality Management Plan (QMP), we will perform an in-house QA/QC review of all submittal documents prior to delivery to the City. BKF’s quality control review will include both a discipline and interdisciplinary review of the design package for coordination among the various design elements.
41 10/10/2022

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TASK 4: BID SUPPORT

1. Bid Support Services: BKF will perform the following tasks in support of the Project during the bid period:
a. Attend pre-bid meeting with the City and potential bidders to discuss bidding procedures b. Respond to bidders’ questions on the construction documents c. Provide technical assistance during the bid process, including the preparation of up to one addendum.
d. Provide a conform set of drawings incorporating all addendum revisions.

SCHEDULE
We understand that the design phase will commence in fall 2022 and is anticipated to be completed by fall of 2023.

COMPENSATION

1. BASE SCOPE OF WORK:

BKF proposes to provide the services described above and will invoice our services on a time and materials basis not to exceed the cost per task summarized as follows:

ITEM DESCRIPTION FEE
1 PROJECT MANAGEMENT $18,076.00
Project Management $12,484.00
Project Kick-off and Coordination Meetings $5,592
2 DESIGN DEVELOPMENT $120,767.00
Obtain/Review Existing Data, As-Builts $7,246.00
Site Investigations $5,542.00
Establish Boundary/Project Control $7,280.00
Topographic Field Survey $18,800.00
Aerial Survey/Control $8,496.00
Utility Investigations and Coordination $17,312.00
NPDES C.3 Compliance $23,408.00
Plat and Legal Preparation $9,406.00
Design Concept Exhibit $23,277.00
3 CONSTRUCTION DOCUMENTS $168,744.00
Prepare 65% Submittal Package/PS&E $64,254.00
Prepare 95% Plan Check Submittal Package/PS&E $54,888.00 Prepare 100% Final Submittal Package/PS&E $43,506.00
Quality Control $6,096.00
4 BID SUPPORT $6,736.00
Bid Support Services $6,736.00
SUB SUBCONSULTANTS $77,880.00
Gates and Associates – Task 3 $59,938.00
Gates and Associates – Task 4 $1,122.00
AEC Engineers – Task 3 17,820.00
42 10/10/2022

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RE REIMBURSABLE EXPENSES $32,115.00
Printing, Deliver, Mileage, Postage, Parking $2,000.00
Utility Potholing (Allowance) $25,000.00
Aerial Topo $5,115.00
TOTAL FEE PER SCOPE $424,318.00
Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.

For tasks requested by the City not defined in this scope of services, BKF will identify them as potential extra work.

We can provide a scope and fee for these items or they may be tracked separately as extra work and billed on a time and materials per our attached rate schedule.

Thank you for the opportunity to present this proposal. We look forward to assisting in developing this project.

Please contact me at 408-706-4036 if you have any questions regarding our scope of services.

Respectfully,
BKF Engineers
Marcelo Cosentino, PE
Associate
Attachments:

1. BKF Engineers Professional Services Rate Schedule

2. Cost Breakdown
43 BKF ENGINEERS PROFESSIONAL SERVICES RATE

SCHEDULE
EFFECTIVE MARCH 28, 2022

CLASSIFICATION

HOURLY RATE
$272.00
$244.00
$237.00
$231.00
$213.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner Project Engineer | Project Surveyor | Project Planner
Design Engineer | Staff Surveyor | Staff Planner
BIM Specialist I, II, III
$198.00
$174.00
$151.00
$151.00 - $174.00 - $198.00
Technician I, II, III, IV
Drafter I, II, III, IV
Engineering Assistant | Surveying Assistant | Planning Assistant $144.00 - $153.00 - $168.00 - $181.00
$113.00 - $124.00 - $134.00 - $149.00
$94.00

FIELD SURVEYING
Survey Party Chief
Instrument Person
Survey Chainperson
Utility Locator I, II, III, IV
Apprentice I, II, III, IV
$198.00
$170.00
$127.00
$103.00 - $146.00 - $175.00 - $199.00
$78.00 - $105.00 - $116.00 - $123.00

CONSTRUCTION ADMINISTRATION
Senior Consultant
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, III
$259.00
$225.00
$167.00
$151.00 - $174.00 - $198.00

FUNDING & GRANT MANAGEMENT
Director of Funding Strategies
Funding Strategies Manager
Funding/Research Analyst I, II, III, IV
$198.00
$181.00
$124.00 - $144.00 - $153.00 - $168.00

PROJECT ADMINISTRATION
Project Coordinator
Senior Project Assistant
Project Assistant
Clerical | Administrative Assistant
$126.00
$109.00
$96.00
$81.00
Expert witness rates are available upon request.

Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials.

Allowable mileage will be charged at the prevailing IRS rate per mile.

Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.

The rates shown are subject to periodic increases, including January 1st of each year.

BKF ENGINEERS
•
•
•
44 10/14/2022

EST FEE

TASK SCOPE DESCRIPTION
PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio)
Jeff Wang, PE
Andrew
Michel, PE
Chia Chi, PE
(Project
Manager)
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV 2-Man Survey AdministrativeAssistant Total Hrs $272.00 $237.00 $272.00 $237.00 $237.00 $231.00 $198.00 $174.00 $151.00 $181.00 $325.00 $81.00 Task 1
Project Management 8 24 20 52 $ 12,484.00
Project Kick-off and Coordination Meetings 8 16 24 $ 5,592.00 Subtotals 8 32 - - - 36 - - - - - - 76 $ 18,076.00
Task 2
Obtain/Review Existing Data, As-builts 4 2 6 6 10 10 38 $ 7,246.00 Site Investigations 6 10 16 32 $ 5,542.00
Establish Boundary/Project Control 1 2 14 10 8 35 $ 7,280.00 Topographic Field Survey 2 12 50 64 $ 18,800.00
Aerial Survey/Control (Also see Aerial Topo) 4 24 28 $ 8,496.00 Utility Investigation and Coordination 6 4 12 18 12 12 26 90 $ 17,312.00 NPDES C.3 Compliance 14 18 24 32 42 130 $ 23,408.00
Plat and Legal Preparation 2 8 8 26 6 50 $ 9,406.00
Design Concept Exhibit 4 2 2 7 24 28 24 36 127 $ 23,277.00 Subtotals - 14 3 2 8 57 74 140 110 104 82 - 594 $ 120,767.00 Task 3
Prepare 65% Submittal Package/PS&E 8 8 36 42 76 82 98 6 356 $ 64,254.00 Prepare 95% Plan Check Submittal Package/PS&E 8 8 28 32 68 70 86 4 304 $ 54,888.00 Prepare 100% Final Submittal Package/PS&E 2 8 6 22 28 48 58 64 4 240 $ 43,506.00 Quality Control 4 8 2 6 8 28 $ 6,096.00
Subtotals 2 28 - 8 24 92 102 200 210 248 - 14 928 $ 168,744.00 Task 4
Bid Support Services 2 2 2 4 6 18 34 $ 6,736.00
Subtotals 2 2 - - 2 4 6 18 - - - - 34 $ 6,736.00
PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio)
Jeff Wang, PE
Andrew
Michel, PE
Chia Chi, PE
(Project
Manager)
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV 2-Man Survey
Administrative
Assistant Total Total Labor
Totals By Classifications 12 76 3 10 34 189 182 358 320 352 82 14 1,632 Total Direct Labor $ 3,264.00 $ 18,012.00 $ 816.00 $ 2,370.00 $ 8,058.00 $ 43,659.00 $ 36,036.00 $ 62,292.00 $ 48,320.00 $ 63,712.00 $ 26,650.00 $ 1,134.00 $ 314,323.00 Subconsultant
Task 1 Task 2 Task 3 Task 4
Gates + Associates (Landscaping) $ 58,938.00 $ 1,122.00 $ 60,060.00 AEC Engineers (Lighting/Electrical) $ 17,820.00 $ 17,820.00 Subconsultant Costs $ 77,880.00
Reimbursable
Printing, Deliver, Mileage, Postage, Parking $ 2,000.00 Utility Potholing (Allowance) $ 25,000.00
Aerial Topo $ 5,115.00
Reimbursable $ 32,115.00
PROJECT TOTAL $ 424,318.00
Assumptions:

1. Environmental services and project environmental clearance will be provided by the City.

2. Survey scope of services does not include survey staking.

BID SUPPORT
$ 314,323.00

CONSTRUCTION DOCUMENTS
City of Oakley
Laurel Road Widening Project

STAFF CATEGORY

DESIGN DEVELOPMENT
(O'Hara Avenue to Cloverbrook Avenue)

PROJECT MANAGEMENT
BKF Engineers Laurel_Widening_OHara.xls
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 BKF ENGINEERS, INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED CAPITAL IMPROVEMENT PROJECT NUMBER 280 - LAUREL ROAD WIDENING (CLOVERBROOK AVENUE TO O’HARA AVENUE)

PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

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 280 is to design the improvements for the Laurel Road Widening Project from Cloverbrook Avenue to O’Hara Avenue; and WHEREAS, staff solicited a proposal from BKF Engineers, Inc., for the design of this project; and
WHEREAS, BKF Engineers Inc., has submitted a proposal to prepare engineering design services for CIP Project Number 280 for an amount not to exceed $424,318; and NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from BKF Engineers, Inc., for engineering design services for CIP Project Number 280 for an amount not to exceed $424,318, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute this into an Agreement.

PASSED, APPROVED AND ADOPTED this 25th day of October 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
______
Libby Vreonis, City Clerk Date
46 DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Award of Construction Contract to Cairo Builder, Inc. for the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project Number 288
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program (CIP) Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s Strategic Goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

The Oakley Senior Center, located at 215 2nd Street is a facility that had been used as a fire station decades ago. Since the construction of the more modern fire stations within East Contra Costa County, this facility had been vacant for many years. In more recent years, it has been used as a Senior Center to service the senior citizens of the Oakley community.

There have not been any recent renovations to this building to upgrade and make functional for the Oakley senior citizens.

In 2017, the City of Oakley used the Community Development Block Grant (CDBG) Program to perform improvements to this facility’s parking lot and ADA access improvements. Earlier this year, staff successfully secured an additional round of CDBG grant funds to renovate the building roof and replace the broken and dysfunctional HVAC system.

Staff prepared the project bid documents which was advertised in accordance with the CDBG program guidelines.

On October 13, 2022, the bidding period closed and a total of two (2) bids were received.

Cairo Builder, Inc. was the lowest bidder for the project at a total cost of $75,000.

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

STAFF REPORT
Approved and Forwarded to the City Council
47 Fiscal Impact
The available CDBG grant funds and budgeted City match will be from the Public Facilities Impact Fee fund.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the construction agreement with Cairo Builder, Inc. for an amount not to exceed $75,000 and authorizing the City Manager to execute the agreement.

Additionally, due to variables associated with construction projects, and to address unforeseen circumstances during construction; staff further recommends that the City Council authorize staff to execute future change orders to the construction contract as necessary in an amount not to exceed $5,000 for work beyond what is defined in the base project bid.

Attachments
1) Resolution
2) Bid Summary
48 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 CAIRO BUILDER, INC. FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT NO. 288 – SENIOR CENTER ROOF AND

HVAC REPAIR AND REPLACEMENT PROJECT
WHEREAS, staff prepared the bid documents for the Oakley Senior Center Roof and HVAC Repair and Replacement project – CIP 288; and
WHEREAS, the plans, specifications and special provisions were publicly advertised for bidding, with the bid period closing at 2:00 P.M. on Thursday, October 13, 2022; and WHEREAS, two (2) bids were received prior to the close of the bidding process; and WHEREAS, Cairo Builder, Inc. submitted the lowest responsible bid for a total cost of 75,000; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the proposal from with Cairo Builder, Inc. for the Senior Center Roof and HVAC Repair and Replacement Project – CIP 288, for an amount not to exceed $75,000 is approved, and the City Manager is hereby authorized to execute this into an Agreement and approve change orders in an amount not to exceed $5,000 as necessary.

PASSED, APPROVED AND ADOPTED this 25th day of October 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
49 50
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Agreement with Consor North America, Inc. for Right of Way and Surveying Engineering Services associated with CIP Project Number 273 – Laurel Road extension project (Teton Road to Sellers Avenue)
Background and Analysis
The City’s General Plan and its Circulation section outlines the transportation network for the community and one of the key projects that will enhance the City’s transportation network is the extension of Laurel Road from Teton Road to Sellers Avenue. This roadway extension will provide a major east/west connection from sections of far east Oakley to Highway 4 westward and job centers in the bay area.

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

Staff has worked with the design team over the past several months to develop the best alignment alternative for the extension of Laurel Road. After extensive engineering analysis, one alternative was selected as the best suited for this project, which was approved by the City Council at its meeting on June 14, 2022.

The next phase of this project is performing the topography survey and determining the Right of Way requirements for this roadway extension project. The survey will provide the details needed to start the Right of Way acquisition process.

STAFF REPORT
Approved and Forwarded to the City Council
51 Staff worked with Consor North America, Inc. to finalize the scope of work and design cost proposal for Topography Surveying and Right of Way mapping of the project.

As this phase of the design progresses, staff will be working with BNSF, the County, and utility companies to determine the permits needed for this project and its processing requirements.

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

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

Fiscal Impact
The funding for this project is allocated from the Traffic Impact Fee Fund.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal from Consor North America, Inc. for Topography Surveying and Right of Way mapping services associated with CIP No. 273 – Laurel Road Extension Project and to authorize the City Manager to enter into an agreement not to exceed an amount of $120,000.

Attachments
1) Proposal
2) Resolution
52 2950 Buskirk Avenue, Suite 122
Walnut Creek, CA 94597
www.consoreng.com
October 5, 2022
Jason Kabalin
City of Oakley
3231 Main Street
Oakley, CA 94561
RE: Proposal for Laurel Road Extension – CIP No. 273 Topographic Survey and Right of Way Needs Map and Report, with Plats and Descriptions included
Dear Jason,
As discussed previously, enclosed Is our proposal for the reference project under our new letterhead for Consor. As I mentioned to Kevin Rohani via email yesterday, we are requesting that the firm name “Consor North America, Inc.” be used on the contract. I will follow up with W9 and Insurance Certificates for the new agreement.

Sincerely,
Consor Engineers, LLC
Russ Moore, PE Principal Engineer, Bay Area Group Manager Phone 925-433-6990 | [email protected]
53 2950 Buskirk Avenue, Suite 122
Walnut Creek, CA 94597
www.consoreng.com
Laurel Road Extension – CIP No. 273 Topographic Survey and Right of Way Needs Map and Report, with Plats and Descriptions included
Project Description
The limits of the project are Laurel Road from its current terminus at Teton Road easterly to Sellers Road, approximately 2,600 in length. The new/extended roadway cross-section will be along the approximate alignment of Alternative 2 from the Precise Alignment Study as confirmed with Oakley City Council. Precise Alignment Alternative 2 consists of a 106’ width right of way with the centerline of that right of way atop the extended property boundary line east of the railroad right of way.

Project Team
Our team will consist of these members:

Team Member Position Role
Russ Moore Project Manager Project Management
Rob Ferguson Bridge Lead Bridge and Walls design development Andrew Mitchell Roadway Lead Roadway Layout development Craig Polglase Engineering Designer IX Roadway and Bridge Layout development O’Dell Engineering Land Surveyor
Prepare project base map from aerial survey and
ground topographic survey and plats and legal
descriptions for takes and easements
Scope of Work
Topographic Survey- Our subconsultant, O’Dell Engineering, will provide topographic survey, by way of aerial photogrammetry and supplemental ground survey. O’Dell will then create a project base map that includes all surface features and existing property and right of way lines within the approximate future right-of-way limits of the Laurel Road Extension. For additional details of this scope, see O’Dell’s attached proposal letter dated September 9, 2022.

Draft Alignment and Constraints Map- working from the base mapping, Quincy will create a draft alignment (based on Alternative 2 from the previous phase of the work) and constraints map to review with the City. The draft map will indicate locations where the Alternative 2 roadway alignment has impacts on existing properties and features and will include a summary table of the impacted locations, who’s property is impacted, issues at each location, and how much area is affected.
54 2950 Buskirk Avenue, Suite 122
Walnut Creek, CA 94597
www.consoreng.com
Review Meeting – we will meet with City staff to go over your review comments from the draft submittal package to make sure that we have a clear understanding of potential constraints and City concerns.

Draft Right of Way Needs Map and Report - based on City review comments of the Draft Constraints Map and with further adjustment of the roadway alignment to avoid or minimize impacts to properties, we will prepare a Draft Right of Way Needs Map and Report for City review. The Right of Way Needs Map will include the revised roadway alignment as agreed to in the previous phase, summary tables of right of way needs by parcel number on each sheet, and a report that provides narrative of the right of way needs that the alignment requires.

Final Right of Way Needs Map and Report – based on City review comments of the Draft Map and Report, we will finalize the Right of Way Map and Report for delivery to the City and for future reference in the next phase of the Laurel Road Extension’s planning and development.

Plats and Legal Descriptions- Our subconsultant, O’Dell Engineering, will provide plats and legal descriptions for right of way impacts assumed as
• 6 parcel takes
• 6 slope easements on the 6 impacted parcels
o We will acquire Preliminary Title Reports for up to seven (7) impacted properties and have budgeted an allowance of $1,430 for PTR purchases. For additional details of this scope, see O’Dell’s attached proposal letter dated September 9, 2022.

Deliverables
• Project Base Mapping
• Draft Alignment and Constraints on Base Map along with Summary of Constraints for Review with City staff • Draft Right of Way Needs Map and Report
• Final Right of Way Needs Map and Report
• Land Description packages signed and stamped by CA licensed Land Surveyor Schedule
Milestone Due date
Milestone Schedule NTP from City Assumed October 26, 2022 Complete Aerial
Mapping and Field
Topographic Survey October 31, 2022
Finalize Base Mapping November 11, 2022
Meet to Review
constraints with City November 19, 2022
55 2950 Buskirk Avenue, Suite 122
Walnut Creek, CA 94597
www.consoreng.com
Laurel Road alignment
adjustments to minimize
property impacts November 29, 2022
ROW Needs Report and
Map December 9, 2022
Fee
Not to exceed $120,000 based on hours per position, billing rates, and subconsultant costs as shown below.

Hours and Fee Estimate
Estimated Hourly Extended
Team Member Position Role Hours Rate Fee
Russ Moore Project Manager Project Management 40 $ 296 $ 11,840 Rob Ferguson Bridge Lead Bridge and Walls design 40 $ 243 $ 9,720 Andrew Mitchell Roadway Lead Roadway Design 24 $ 226 $ 5,424 Craig Polglase
Engineering
Designer IX
Roadway and Bridge
Alignment Adjustments 32 $ 198 $ 6,336
O'Dell
Engineering Land Surveyor
Topo Survey and Base
Mapping $ 53,000
O'Dell
Engineering Land Surveyor
Plats and Descriptions for
Takes and Slope Easements $ 24,500
subconsultant
markup 10% $ 7,750
Allowance for
acquiring 7
Preliminary
Title Reports $ 1,430
total
estimated fee $ 120,000
Assumptions upon which this fee estimate is based:

All work to be completed by Dec 31,
2022
Scope, Deliverables, and Schedule details as shown in Quincy Engineering proposal letter of August 4, 2022 City to provide:

Review of ROW constraints, Review of Draft ROW Needs Map and Report, Participation in Project Meetings 56 LAND SURVEY PROPOSAL
J:\Marketing\M Projects\M3530 Laurel Road Extension Oakley\_Preliminary Proposals\PROP-2022-09-09-Survey-M3530.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 1 of 2
Date: September 9, 2022
To: Russ Moore, PE
Quincy Engineering
From: Scott J. Roberts, P.L.S.

Re: Laurel Road Extension Oakley / M3530
Project Description
Field and office surveying to prepare base mapping to support the design of new roadway improvements to connect Laurel Road from its current terminus at Teton Road, over the AT&SF Railroad, to Sellers Ave.

Mapping Limits
See attached mapping limits exhibit (Exhibit “A”), attached hereto and by this reference made a part hereof.

Scope of Work
Task 1: Survey Base Mapping
a. Establish primary project survey control points using the NAD83 horizontal datum and NAVD88 vertical datum. Coordinates and bearings will be based on California Coordinate System of 1983 (CCS83). b. Set and locate aerial target panels and acquire nadir photography of the project area sufficient for map compilation.
c. Prepare photogrammetric mapping at a horizontal scale of 1” = 40’ with a 1-foot minor contour interval.

Planimetric mapping, spot elevations, and contours will be included in the aerial topographic mapping.

Color orthophotography will also be provided.
d. Perform supplemental ground infill surveys at critical match locations and integrate the ground survey data with the aerial mapping to provide a uniform base map drawing. e. Perform field surveys to locate existing survey monumentation controlling the location of property boundaries and rights-of-way.
f. Resolve the location of existing rights-of-way and property boundaries within and adjacent to the mapping limits. Examine title reports (if provided by others) and incorporate the location of any plottable title encumbrances of record. The purpose of this task is to develop a land-net for the purpose of deriving a right-of-way needs exhibit and to serve as the basis for the preparation of acquisition land description packages.

DELIVERABLES:
 Digital copy of the survey base mapping in AutoCAD Civil 3D 2020 format.  PDF copy of survey base mapping on O’Dell title block.  Color orthophotography in TIFF format.

Task 2: Land Description Packages
a. Prepare twenty (20) land description packages to support fee or easement acquisitions. A land description package includes a written description, a closure report, and a plat (exhibit).

DELIVERABLES:
 Land description packages signed and stamped by a California licensed Professional Land Surveyor. 57 LAND SURVEY PROPOSAL
J:\Marketing\M Projects\M3530 Laurel Road Extension Oakley\_Preliminary Proposals\PROP-2022-09-09-Survey-M3530.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 2 of 2
Compensation:

Task 1: $ 53,000.00 Time & Materials Basis, Not to Exceed Task 2: $ 38,000.00 Time & Materials Basis, Not to Exceed Subconsultants & Contractors:

This proposal was prepared with the cooperation of the following subconsultants and/or contractors:

Task Consultant/Contractor Name
1(b)/1(c) GSP Consulting/Synergy Mapping
Client to Provide:
a. Fees & permits.
b. Private property access coordination assistance.
c. Title report(s) obtained by City.
d. Existing utility records, including as-builts, record drawings, plans, or GIS information, knowingly possessed by or available to client/owner.

Limitations:
a. If awarded, it is assumed that the client/owner will approve the use of the companies listed under the “Subconsultants & Contractors” section. O’Dell Engineering shall not be responsible for increased costs or schedule delays that may result from client/owner driven changes. It is also assumed that the client/owner will afford a reasonable amount of assistance and coordination to facilitate these companies and their representatives in the execution of their respective scopes of work. b. Obstructed or inaccessible areas may not be mapped.
c. Scope does not include mapping of small trees, shrubs, or other minor vegetation. d. Scope does not include research, mapping, potholing, locating, or any other form of subsurface utility investigation or verification.
e. Scope does not include additional mobilizations to capture pothole, USA markings, or any site work performed after field surveys are complete.
f. Scope does not include survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors’ Act.
g. Scope does not include preparation of land description packages or other property/right-of-way acquisition documents.
h. Scope does not include special title research, preparation of chain-of-title, and research of documents not maintained in the records of the County Surveyor or County Clerk and Recorder. i. Scope does not include setting of property corner monuments or other marks on old or new property lines. j. Scope does not include preparation of a record-of-survey map or corner records. 58 Exhibit "A"
Mapping Limits Exhibit (2022-07-27)
M3530 Laurel Road Extension Oakley
Legend
Aerial Mapping Limits
Ground Survey Limits
1000 ft
N
➤
59 Resolution No. XX-21 Page 1 of 1
RESOLUTION NO.XX-22

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

THE CITY MANAGER TO SIGN A CONSULTING SERVICES AGREEMENT WITH CONSOR NORTH AMERICA, INC. FOR TOPOGRAPHY SURVEYING AND RIGHT

OF WAY MAPPING SERVICES FOR THE LAUREL ROAD EXTENSION PROJECT (TETON ROAD TO SELLERS AVENUE) – CAPITAL IMPROVEMENT PROJECT NUMBER 273
WHEREAS, as part of the Fiscal Year 2022/23 Budget the City of Oakley approved a 5- Year Capital improvement Program (CIP); and
WHEREAS, CIP Project Number 273 is to extend Laurel Road from Teton Road to Sellers Avenue; and
WHEREAS, staff solicited a proposal from Consor North America, Inc. for the topography surveying and right of way mapping services of this project; and WHEREAS, Consor North America, Inc. has submitted a proposal for topography surveying and right of way mapping services for CIP Project Number 273 for an amount not to exceed $120,000; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from Consor North America, Inc. for Topography Surveying and Right of Way mapping services for CIP Project Number 273 for an amount not to exceed $120,000, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute this into an Agreement.

PASSED, APPROVED AND this 25th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
_____
Libby Vreonis, City Clerk Date
60 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Approval of Consulting Services Agreement with Pavement Engineering, Inc. for Design Services Associated with Capital Improvement Project (CIP) Number 279 – Fiscal Year 2022/23 Street Repair and Resurfacing Project
Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program (CIP) designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s strategic goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

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

The Metropolitan Transportation Commission (MTC) has created a Pavement Management System (PMS) program that is used by all municipalities and transportation agencies in the Bay Area to evaluate the condition of their respective agency streets. MTC uses the data collected by all agencies to create reports annually that show the overall condition of Bay Area streets and funding needed to maintain the streets.

The City of Oakley uses this PMS program to evaluate the condition of streets and to prioritize projects to repair and resurface the streets. Each annual street repair and resurfacing project is performed to ensure the funds allocated are utilized to not only repair and resurface the streets that are in poor condition, but also to rehabilitate streets that are in fair to good condition to prolong their life and performance. 61 The Public Works staff strategically designs and constructs Capital projects to take advantage of the seasons and bidding climates. The winter and spring months are most favorable to design and bid projects as most contractors are not very busy and generally the City can get very competitive and favorable bids for the summer construction season.

Despite the Covid-19 Pandemic, the construction industry has stayed active throughout the Bay Area as reflected in the bids that all agencies are receiving on their projects. Staff will continue to work on implementing the Capital projects for the City of Oakley as effectively as possible, taking economic trends into consideration and strategically executing the bidding and construction of projects in Oakley.

Staff has selected Pavement Engineering, Inc. (PEI) as the best suited firm to design this street resurfacing project. This firm has successfully designed other street resurfacing projects for the City in previous years and has great familiarity with the City’s standards and processes. Staff negotiated the final scope of design work and cost proposal for this project at a cost of $193, 890.00, which is very competitive pricing for a project of this magnitude.

CIP 279 is focused on the repair and resurfacing of residential streets within the Wildcat Way Neighborhood between Main Street and West Cypress Road, the Parklands Neighborhood and the Cypress Grove Neighborhood. This project will also include street repair on E. Cypress Road from Main Street to Emerson Ranch Way and Empire Avenue from the southern City limits to Neroly Road. Lastly, the project will also include street repair, slurry, and crack sealing on Main Street from Big Break Road to Teakwood Drive. All street surfacing projects not only improve the quality of the streets in the community, but also enhance the quality of life for the residents. After the completion of the project design and bidding, staff will present to the City Council the contractor award report before summer 2023.

Fiscal Impact
The funding for this project is allocated from the Street Maintenance and Rehabilitation Fund.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the proposal with Pavement Engineering, Inc. (PEI), for the design services associated with CIP No. 279 – FY 2022/23 Street Repair and Resurfacing Project and to authorize the City Manager to enter into an agreement not to exceed an amount of $193,890.

Attachments

1. PEI Proposal

2. Resolution
62 63
64 65
66 67
68 69
70 71
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 PAVEMENT ENGINEERING INC., (PEI) FOR DESIGN

SERVICES ASSOCIATED WITH CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER 279 – FISCAL YEAR 2022/23 STREET REPAIR AND RESURFACING

PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, as part of the Fiscal Year (FY) 2022/23 Budget the City of Oakley approved a 5-Year Capital improvement Program (CIP); and
WHEREAS, CIP Project Number 279 is the FY 2022/23 Street Repair and Resurfacing Project, which will include rehabilitative and preventative maintenance on the public street network through a series of dig-outs, crack sealing, slurry sealing, pavement overlays, and;
WHEREAS, staff identified numerous streets throughout the City of Oakley for this repair and resurfacing project; and
WHEREAS, Pavement Engineering Inc. has submitted a proposal to prepare design drawings, specifications, and cost estimates and construction support for CIP Project Number 279 for an amount not to exceed $193,890.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal with Pavement Engineering, Inc. for the preparation of design drawings, specifications, and cost estimates for CIP Project Number 279 for an amount not to exceed $193,890, in the form attached hereto as Exhibit A, and authorizing the City Manager to execute this into an Agreement.

PASSED, APPROVED AND ADOPTED this 25th day of October 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

________________
ATTEST: Randy Pope, Mayor
_____
Libby Vreonis, City Clerk Date
72 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Accepting the Subdivision Improvements Associated with the Cypress Estates Subdivision 8728 located at the east end of Mallard Lane, the south end of Fuschia Way, and Fuschia Court
Background and Analysis
On August 11, 2015, the City Council approved the final map for Cypress Estates Subdivision 8728 and the Subdivision Improvement Agreement with Forecast Land Development, LLC, a California Limited Liability Company, hereinafter referred to as the (Developer), to construct the necessary public infrastructure for this community.

The Developer has since completed all the required improvements for Fuschia Way (approximately 125 feet south of Ashwood Drive), Fuschia Court, and Mallard Lane (approximately 146 feet continuation to the east). At this time, the Developer has requested that the city accept the subdivision improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety section goal to provide safe streets.

Fiscal Impact
Upon acceptance of the improvements, the city will be obligated to maintain the public infrastructure. Preventative street maintenance for public roadway improvements will be funded using the Gas Tax and inspections for the clearwater facilities through Community Facilities District 2015-2.
73 Staff Recommendation
Staff recommends that the City Council adopt the resolution accepting the subdivision improvements associated with Cypress Estates Subdivision 8728 and for the City to begin the maintenance of the public infrastructure for this subdivision.

Attachments
1) Resolution
2) Vicinity Map
74 Resolution No. __-22 Page 1
RESOLUTION NO. __-22

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

CALIFORNIA, ACCEPTING THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH CYPRESS ESTATES SUBDIVISION 8728 LOCATED AT

THE EAST END OF MALLARD LANE, THE SOUTH END OF FUSCHIA WAY,

AND FUSCHIA COURT
WHEREAS, On August 11, 2015, the City Council approved the final map for Cypress Estates Subdivision 8728 and the Subdivision Improvement Agreement with Forecast Land Development, LLC, a California Limited Liability Company, hereinafter referred to as the (Developer), to construct the necessary public infrastructure for this subdivision;
WHEREAS, the City of Oakley Public Works and Engineering staff has inspected the Subdivision Improvements and have determined the Developer has since completed all of the required improvements for Fuschia Way (approximately 125 feet south of Ashwood Drive), Fuschia Court, and Mallard Lane (approximately 146 feet continuation to the east). At this time, the Developer has requested that the city accept the improvements for maintenance.

The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans;
WHEREAS, staff recommends that the City Council adopt the Resolution accepting the subdivision improvements associated with Cypress Estates Subdivision and for the City to begin the maintenance of the public infrastructure for this subdivision;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley as follows:
a) Accept the dedication for Fuschia Way (approximately 125 feet south of Ashwood Drive), Fuschia Court, and Mallard Lane (approximately 146 feet continuation eastbound) for public use as recorded in Subdivision 9474 in Map Book 536, Page 40, and b) The roadway improvements for Fuschia Way (approximately 125 feet south of Ashwood Drive), Fuschia Court, and Mallard Lane (approximately 146 feet continuation to the east) are accepted and begin the maintenance by the City, and
c) In accordance with the City Clerk’s Statement on the Subdivision 8728 Final Map, this portion of the map related to these roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted.
75 Resolution No. __-22 Page 2
PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 25th of October 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

_______________________
ATTEST: Randy Pope, Mayor
_____________________
Libby Vreonis, City Clerk Date
76 77

STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Derek P. Cole, City Attorney
SUBJECT: Agreement for Purchase of Portions of Contra Costa Assessor Parcel No. 034-090-022 for Road Widening at and Near the Intersection of Laurel Road and O’Hara Avenue
Background and Analysis
As indicated in the related matter on the October 25, 2022 City Council agenda, the City is in the process of completing the construction of CIP No. 280, the widening of Laurel Road from Cloverbrook Avenue to O’Hara Avenue. As noted in the staff report for that related agenda item, the work on this project had been on hold for several years since the City did not have the Right of Way needed to proceed with roadway construction and utility relocation. The good work of staff during past year resulted on reaching an agreement with the vineyard owner on south side of Laurel Road for the City to acquire the Right of Way needed for this project.

This agenda item involves the entry into an agreement with the owners of that property, the Del Barba Family. This agreement would effectively be an agreement committing the parties to execute a future purchase and sale agreement for the formal acquisition.

Under the proposed agreement, Staff has preliminarily identified the areas of the Del Barba property for the necessary improvements. At this time, City estimates that the City would need to acquire approximately 58,000 square feet, composed of acquisition areas along the northern and western property lines. Staff has also determined that approximately 1,300 grapevines would need to be removed from within the areas to be acquired.

The proposed agreement would pay the property owners $6 per square foot of land acquired and $100 for each grapevine to be removed. Following execution of the agreement, the City would have the acquisition areas formally surveyed, allowing for legal descriptions and plats of the acquired areas to be developed. Once these surveying documents are prepared, the actual acquisition numbers would be “trued up.” The parties would then be required to enter into a separate and formal purchase 78 and sale agreement to finalize the acquisition, which would be brought to the Council at a future meeting, most likely in the early part of 2023.

Fiscal Impact
At this time, the estimated purchase price the City will pay for the property to be acquired is $478,000. As noted, however, the actual purchase price would be “trued up” following the completion of the survey work necessary to prepare the property descriptions and plats. The funding for this project is allocated from the Traffic Impact Fee Fund.

Staff Recommendation
Staff recommends that the City Council adopt the Resolution Authorizing the City Manager to Execute an Agreement for Purchase of Portions of Contra Costa Assessor Parcel No. 034-090-022 for Road Widening at and Near the Intersection of Laurel Road and O’Hara Avenue.

Attachments

1. Resolution Approving Agreement to Purchase Real Property

2. Agreement
79 RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE OF PORTIONS OF CONTRA COSTA ASSESSOR PARCEL NO. 034-090-022 FOR ROAD WIDENING AT AND NEAR THE INTERSECTION OF LAUREL ROAD AND O’HARA AVENUE
WHEREAS, the City requires the acquisition of certain portions of real property at and near the intersection of Laurel Road and O’Hara Avenue to complete the widening of Laurel Road, as provided for in Capital Improvement Project Number 280;
WHEREAS, the owners of the real property south of Laurel Road and east of O’Hara Avenue have reached an agreement in principle to sell to the City the necessary right-of-way; and
WHEREAS, the execution of an agreement with these property owners would avoid the need for the City to commence formal condemnation proceedings to acquire the necessary right-of-way.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Oakley authorizes the City Manager to Execute the Agreement for Sale of Portions of Contra Costa Assessor Parcel No. 034-090-022 for Road Widening at And Near the Intersection of Laurel Road and O’Hara Avenue, attached as Exhibit A.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of Oakley held on the 25th day of October 2022 by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Randy Pope, Mayor
80 ATTEST:
______________________________________
Libby Vreonis, City Clerk Date
81 1

AGREEMENT FOR PURCHASE OF PORTIONS OF CONTRA COSTA
ASSESSOR PARCEL NO. 034-090-022 FOR ROAD WIDENING AT AND NEAR THE INTERSECTION OF LAUREL ROAD AND O’HARA AVENUE
This Agreement for Purchase of Real Property (“Agreement”) is made between the City of Oakley (“City”) and Frederick J. Del Barba, Shirley Ann Del Barba, Victoria Louse Mann, Julie Ann Favalora, Cynthia N. Del Barba, Tom Del Barba as their interest may appear, (collectively, “Owners”). The City and Owners are collectively referred to within as “Parties” and each is referred to within as a “Party”. The Effective Date of this Agreement is October 25, 2022 (“Effective Date”).

WHEREAS, Owners are collectively the owners of the property more particularly described as Contra Costa Assessor Parcel 034-090-022, located at the intersection of Laurel Road and O’Hara Avenue (“Subject Property”).

WHEREAS, for purpose of widening portions of Laurel Road and O’Hara Avenue at and near the intersection of both roadways, the Owners have agreed to sell, and City has agreed to purchase, portions of the Subject Property as more particularly depicted in Exhibit A (“Acquisition Portions”), and as further described within.

WHEREAS, the acquisition of the Acquisition Portions of the Subject Property are necessary to allow the City to complete the construction of Capital Improvement Project Number 280 (“Public Project”).

WHEREAS, the City’s purchase of the Acquisition Portions by sale is made with the Parties’ mutual understanding that the City would seek to acquire the Acquisition Portions through eminent domain but for the Owners’ agreement to sell the City the Acquisition Portions of the Subject Property, and that for the Owners, the sale of the Acquisition Portions is intended to be subject to 26 U.S.C. section 1033 for taxation purposes.

WHEREAS, the Parties have reached a deal in principle as to the essential terms of the sale of the Acquisition Portions and desire to memorialize the terms by which they will enter into and execute a separate and future purchase and sale agreement for the City’s acquisition of the Acquisition Portions of the Subject Property.

NOW THEREFORE, in consideration of mutual covenants contained herein, the Parties to this Agreement mutually agree as follows:

1. Survey of Acquisition Portions and Grapevines to be Removed For purposes of this Agreement, the Parties agree that the portions of the Subject Property to be acquired, as preliminarily depicted in Exhibit A, consist of approximately 43,000 square feet of area along the northern property line of the Subject Property, and of approximately 15,000 square feet of area along the Western property line of the Subject Property. (Collectively, these areas are referred to as the “Preliminary Acquisition Areas.”) 82 2
Within a reasonable time of the Effective Date, City shall, at its sole expense, formally survey the Preliminary Acquisition Areas and develop legal descriptions and plats to accurately and properly identify the actual areas that the City will acquire through purchase from the Owners (“Final Acquisition Portions”). The City agrees that the actual areas to be acquired through the Final Acquisition Portions shall be only that which is necessary for purpose of completing the Public Project.

The Parties further agree that in acquiring the Final Acquisition Areas, the City will be required to remove approximately 1,300 grapevines, which are used for commercial production of wine. In conjunction with the survey and preparation of legal descriptions and plats described in the preceding paragraph, City shall simultaneously calculate the exact number of grape vines that will be removed for purpose of obtaining the Final Acquisition Areas (“Final Removed Vines”).

2. Purchase Price
The Parties agree the City shall pay just compensation to the Owners at the rate of $6.00 per square foot of land acquired and $100 per grapevine removed. Preliminary, the Parties understand that the estimated purchase price is $478,000. The actual purchase price, to be incorporated into the purchase and sale agreement required in Section 3, will be calculated based on the actual area of the Final Acquisition Portions and the actual number of Final Removed Vines determined in accordance with the preceding Section.

The City represents that as of the Effective Date, the City is not in negotiation with the owner of any other property within the City regarding the acquisition of property related to any intended or actual public project. Nonetheless, should the City enter into any proposed purchase and sale agreement with any other property prior to the execution of the purchase and sale agreement with the Owners, as required under Section 3 of this Agreement, the Parties covenant to meet and confer regarding providing the Owners comparable terms and conditions to the other agreement to the extent reasonable and feasible.

3. Execution of Purchase and Sale Agreement and Conveyance Promptly following the preparation of the legal descriptions and plats for the Final Acquisition Portions, the City shall furnish Owners copies of the legal descriptions and plats and disclose the number of Final Removed Vines. At the same time, the City shall present Owners with a draft purchase and sale agreement and grant deed for effecting the conveyance of the Final Acquisition Portions. Owners shall provide any comments concerning the legal description, plats, number of Final Removed Vines, draft purchase and sale agreement, and the draft grant deed to the City within 30 days thereafter. The City shall have 30 days to then respond to any such comments provided by the Owners.

The Parties shall thereafter enter into escrow for sale and purchase of the Final Acquisition Portions within 60 days, or within such additional time as the Parties may mutually agree is reasonably necessary (“Negotiation Period”). The Parties shall at all 83 3
times use their good faith and best efforts to resolve any disputes that may exist or may arise during the Negotiation Period.

4. Additional Terms
A. The City hereby agrees to indemnify, defend and hold Owners and their respective directors, officers, partners, members, managers, agents and employees harmless from and against any and all liabilities, losses, claims (including third party claims), demands, damages, injuries, expenses, causes of action, costs, penalties, fines, taxes and assessments, judgments, attorneys’ fees and costs, consultants’ fees and costs and experts’ fees and costs (collectively, “Claims”) caused by or as a result of any entry onto the Property by any City Party and provide appropriate liability insurance upon the signed agreement and prior to entering the property.

B. All utilities included but not limited to gas, electric, sewer, and water shall be brought to the frontage of the Subject Property with the understanding to size any lines for current commercial use and of sufficient capacity which would be accommodate the current commercial zoning or a mixed zoning of commercial and residential zoning.

C. Proper ingress and egress shall be provided, including two (2) curb cuts along the frontage of Laurel Road and one (1) curb cut along the frontage of O’Hara Avenue at three locations of Owners’ choice if proposed locations meet City standards. Future development of the Subject Property will not be limited to these curb cuts, if proposed additional curb cuts meet City Standards.

D. Owners are to be provided forty-eight (48) hours in writing prior to any work being performed on the Subject Property.

E. The City accepts full responsibility for the improvement, relocation, and or undergrounding of utility, Western Area Power Administration, or other poles or improvements along Laurel Road’s frontage.

F. If the Acquisition Portions are ever used for non-public use, Owners shall have an option to purchase the Acquisition Portions at a price being that of final purchase price of the certain purchase and sale agreement.

5. Termination of this Agreement
If following the conclusion of the Negotiation Period, the Parties are unable to agree to the final terms of a purchase and sale agreement, either Party may give written notice to the other Party of the termination of this Agreement. Upon termination of this Agreement, the Parties mutually recognize that the City shall thereupon have the right to commence eminent domain proceedings, in accordance with applicable law, for acquisition of the portions of the Subject Property necessary for the City’s completion of 84 4
the Public Project. In the event of termination of this Agreement, the Parties reserve all rights and defenses they would otherwise possess by law in any eminent domain proceeding.

6. Entire Agreement
This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the Parties regarding its subject matter andsupersedes all prior or contemporaneous negotiations. representations, understandings, correspondence, documentation, and agreements (written or oral).

7. Written Amendment
This Agreement may only be changed by written amendment signed by the duly appointed representatives of all Parties to this Agreement on the effective date of the amendment. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9. Negotiated Agreement
The Parties acknowledge that this Agreement has been negotiated and that each Party has had an opportunity to have the Agreement reviewed by legal counsel.

Accordingly, the doctrine that ambiguities in an agreement shall be construed against the drafting party shall not be employed in connection with this Agreement.

10. Time of the Essence
The Parties agree that time is of the essence of this Agreement. If either Party fails to perform an obligation contained herein by the date such performance is required, it shall not be deemed to be unreasonable for the other Party to pursue its remedies hereunder, including termination of this Agreement.

11. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. [Signatures on Next Page]
85 5
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement.

SUBJECT PROPERTY OWNERS CITY OF OAKLEY

Frederick J. Del Barba Joshua McMurry
City Manager
Approved as to form:

Shirley Ann Del Barba

Victoria Louise Mann Derek P. Cole
City Attorney

Julie Ann Del Barba-Favalora

Cynthia N. Del Barba

Tom Del Barba
86 ¯
43,000 +/- sq.ft.
15,000 +/- sq.ft.

32.5' 69' 52.5
31'
31'
Laurel Road
O'Hara Avenue
0 60 120 240 360 480
US Feet
87 Date: October 25, 2022
To: Joshua McMurray, City Manager
From: Libby Vreonis, City Clerk
SUBJECT: Appointment of Marie Osuna to the Contra Costa Transportation Authority Citizens Advisory Committee for the Remainder of the Current Four-Year Term Expiring August 11, 2025
Background and Analysis
The Contra Costa Transportation Authority (CCTA) is a public agency formed by Contra Costa County voters in 1988 to manage the County’s transportation sales tax program and to do County-wide transportation planning. The CCTA indicates it “works to plan, fund, and implement innovative transit programs that strengthen our diverse communities and improve the lives of residents.” (https://ccta.net/about-us/what-we-do/) The CCTA has a Citizens Advisory Committee (CAC) to provide citizen perspective, participation and involvement. The CAC is made up of 23 members: 20 members appointed by Contra Costa cities (including Oakley), towns and the County, and 3 “at-large” members.

The former appointed CCTA-CAC representative for Oakley resigned at the end of 2021 upon relocating from the city. Since that time, Staff has advertised for the vacancy position.

Marie Osuna, a retired public servant of 35 years and graduate of the City of Oakley Leadership Academy, recently submitted her application for the position (Attachment 1). If appointed, Ms. Osuna would serve the remainder of the current four-year term expiring August 11, 2025.

Fiscal Impact
There is no fiscal impact.

Recommendation
Adopt a resolution appointing Marie Osuna to the Contra Costa Transportation Authority Citizens Advisory Committee for the remainder of the current four-year term expiring August 11, 2025.

Attachments

1. Application

2. Resolution
Approved and Forwarded to City Council:

Joshua McMurray, City Manager

STAFF REPORT
Agenda Date: ________
Agenda Item: ________
88 APPLICATION FOR APPOINTMENT

BY OAKLEY CITY COUNCIL
TO THE CONTRA COSTA TRANSPORTATION AUTHORITYCITIZENS ADVISORY COMMITTEE* (Please Print Clearly)
Name: _____Marie L. Osuna_____________________________
Home Address: _____ , Oakley CA 94561__________
_______________________________________________
Mailing Address: _______________________________________________ (if different)
_______________________________________________
Home Phone: ___ ________________________________
Work Phone: _______________________________________________ Fax: _______________________________________________
E-Mail: ___ ________________
I am applying for: ___City of Oakley’s Representative to Contra Costa County Transportation Authority’s Citizen Advisory Committee____________________ _________________________________________________________________ Statement of interest in the position:
(Please attach additional pages as needed. Use no more than 200 words.) Oakley has been home to my family for over 30 years. I witnessed the transition of Oakley from unincorporated to its inception as City. It was the residents’ desire back then to maintain Oakley’s small-town feel as its personality. I appreciate very much what has been done to keep Oakley as such; highly commendable is Oakley being one of the safest cities in California.

I would like to serve the residents of Oakley to assist in providing better standard of living for everyone in whatever capacity that I can serve. I have worked in public service for 35 years; 27 years of these were working for Contra Costa County in the areas of legal, financial and domestic. I have a heart to serve the public.
89 I know Oakley quite well; love the people who live here. I am available to listen to residents’ priorities, concerns, and future plans. I have a desire to know how the subject of transportation affects each resident as population increases.

I am interested to understand the inner workings of Contra Costa Transportation Authority and how they affect our residents as they make decisions to provide quality transportation, housing, education, health care, public safety, and employment.
______________________________________________________________ Qualifications:
(Please describe educational, work and other experience, which would make you a valuable addition to the Board or Commission for which you are applying. Use no more than 200 words.) I completed Bachelor of Science degree in Business, Major in Economics. I gained skills in research, evaluation of data, and report writing. I am hoping that I will have the opportunity to take surveys from the community on how residents are affected by decisions made by Contra Costa County Transportation Authority; and to closely work with them.

I worked for 35 years serving the public in areas of legal, financial, and domestic. I have a good understanding of what people in Contra Costa faced as they responded to federal, state, and local rules and regulations.

My work experience in Contra Costa County gave me an opportunity to learn rules of court, processes, and government laws and their enforcements.

I have taken and have been a member of Dale Carnegie Public Speaking Training Programs for a few years. I am hoping that this skill may help me as I serve the City to provide updates on meeting agenda and reports from CCCTA.

I am a government retiree which means that I will have the time, energy, motivation, and flexibility to devote in representing the City of Oakley before CCCTA; and also, to go through the required training program for this position.
_________________________________________________________________ Date: _October 7, 2022
Please return to:

City of Oakley
Libby Vreonis, City Clerk
3231 Main Street
Oakley, CA 94561
Phone: (925) 625-7013
90 *All information contained in this application is public data and will be made available for public review and copying for anyone requesting it, and may be posted on the website of the City of Oakley. All information in this application will be provided to the Oakley City Council in a public forum and will be reviewed in public. It will therefore be part of the public record. Although you are not legally required to provide any of the information requested in this application, the information may be needed to determine your suitability for appointment to the committee.
91 Resolution No. __-21 Page 1 of 1
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

TO APPOINT MARIE OSUNA TO THE CONTRA COSTA

TRANSPORTATION AUTHORITY CITIZENS ADVISORY COMMITTEE FOR

THE REMAINDER OF THE CURRENT FOUR-YEAR TERM EXPIRING
AUGUST 11, 2025
BE IT RESOLVED by the City Council of the City of Oakley that Marie Osuna is hereby appointed to the Contra Costa Transportation Authority Citizens Advisory Committee for the remainder of the current four-year term expiring August 11, 2025.

PASSED, APPROVED AND ADOPTED this 25h day of October, 2022 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ ________________
Libby Vreonis, City Clerk Date
92 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Review of Requested Proclamation - (Extra Mile 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. 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
93 OFFICE OF THE CITY CLERK

PROCLAMATION REQUEST FORM
Time of event
State Zip
Proclamations are public announcements or recognitions directing attention to local residents, organizations or events.

Proclamations are not statements of policy. The Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to these guidelines and are among the proclamations approved on the attached list. Proclamations can be sent to the requestor or presented at a City Council meeting as arranged with the requesting body and at the Mayor’s discretion. Proclamations not included on the attached list may be submitted and brought forth to the City Council for consideration. Proclamations approved by the City Council are authorized to be added to the approved list without further City Council action. Requests for proclamations should be submitted at least Thirty (30) Days in advance Date of Request
Date needed
Event Location
Requestor Name
Organization
Address
City
Email Phone
Please specify below whether you would like the proclamation mailed to you or if you will accept in person Name of the person who will be in attendance at the Meeting to accept the proclamation ___________________________ If no-one will be in attendance would you like the proclamation mailed to you yes(inc mailing address below) no Mailing Address_______________________________________________________________________________ A brief history of the organization or a description of the purpose, goals, motto or theme of the event is required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times, are required to be included. A sample proclamation is highly recommended to expedite the process.

You may also submit requests to:

City of Oakley
City Clerk’s Office
3231 Main Street | Oakley, CA 94561
phone: (925) 625-7000| fax: (925) 625-9859
city [email protected]
94 EXTRA MILE DAY
NOVEMBER 1, 2022
WHEREAS, (city, state), is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and
WHEREAS, (city, state), is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS, (city, state), is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and
WHEREAS, (city, state), acknowledges the mission of Extra Mile America to create 550 Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2022.

NOW THEREFORE, I, Mayor of (city, state), do hereby proclaim November 1, 2022, to be Extra Mile Day. I urge each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place. 95 STAFF REPORT
Approved and Forwarded to the City Council
DATE: October 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth Strelo, Planning Manager
SUBJECT: Continued Public Hearing - Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) – Request to subdivide an approximately 2-acre site into eight (8) single-family residential lots and a variance request on meeting the minimum lot requirements for four (4) of the eight (8) lots. (APN: 035-090-082).

Summary
This is a continued public hearing for an application by Pam Young (“Applicant”) requesting approval of Tentative Map (TM 02-22) to subdivide an approximately 2-acre parcel in to eight (8) single-family residential lots, including dedication and improvement of public right-of-way and extension of West Ruby Street to the intersection of Wildcat Way and Fuschia Way. Applicant also requests approval of a Variance (VA 01-22) on meeting the minimum lot requirements for four (4) of the eight (8) lots (“Project”). The project site is located at 4960 Fuschia Way and zoned R-6 (Single-Family Residential) District. APN: 035-090-082.

Based on the Planning Commission’s recommendation and the additional exhibit submitted by the applicant, Staff recommends the City Council adopt the resolution approving the project titled “Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22),” as conditioned.

Background
On September 27, 2022, the City Council opened the public hearing and received the Staff Report with the Planning Commission’s recommendation made on August 2, 2022, which was to approve the project as conditioned. At that hearing the City Council received public comments, deliberated on the project, and ultimately continued the public hearing to a date uncertain with a specific request for the applicant to provide an illustrative site plan of various traffic calming measures discussed during the public hearing. This Staff Report is focused on the illustrative site plan submitted by the applicant. The September 27, 2022 Staff Report is included as an attachment for the main information on the project, including the main project description and analysis for 96 Subject: Continued - Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) Date: October 25, 2022

Page 2 of 5 ends

the proposed Tentative Map and Variance entitlements. The relative draft minutes from that meeting are also included as an attachment.

Discussion on Connectivity (from 9/27/2022)
One of the main attributes of the project is the connectivity it provides between West Ruby Street and Wildcat Way. Connectivity would not only allow for more efficient Police Department access to different areas of the City, but also other east/west emergency access. The connectivity would also benefit members of the public by providing more direct access to Oakley Elementary School and its park area for students, parents, and park visitors, to the Civic Center and park, and to other local businesses along Main Street. In general, greater neighborhood connectivity is a positive attribute for the community as a whole.

Public comments on the project that led to the continuation included concerns that providing a public vehicle connection would result in increased vehicle trips by drivers looking to bypass any back up on Main Street. Those concerns included predicting unsafe situations in a neighborhood not accustomed to pass-through vehicle trips.

Public comments ranged between showing a plan with a redesign of the project, to requesting not allowing any public vehicles to pass through, to increasing traffic calming measures.

The project was originally conditioned to include stop warrant analyses and to install stop signs where necessary for the intersections at Fuschia Way and West Ruby Street, and Duarte Avenue and West Ruby Street. In addition to the stop warrant analyses, the project was conditioned to design Fuschia Way and West Ruby Street with traffic calming improvements such as speed tables, speed bumps, or bulb outs where necessary, as required by the City Engineer. As a result of the public comments and the City Council deliberation, specific ideas were discussed as means to slow down and calm any traffic passing through the project site, as proposed. The City Council eventually continued the public hearing and requested the applicant submit an exhibit to Staff that would show the potential traffic calming measures, and possibly some additional traffic calming measures, discussed during the public hearing.

Traffic Calming Measures Exhibit
On October 4, 2022, the applicant’s engineer (Freyer and Laureta, Inc) submitted a “Traffic Calming Measures Exhibit” in response to City Council direction and other comments made during the September 27, 2022 public hearing. The exhibit is attached to this Staff report and includes the following items:
 “Curve Ahead 15 MPH” signs on either side of the “S” curve proposed within the project.
 Raised intersection at Wildcat Way and West Ruby Street connection. 97 Subject: Continued - Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) Date: October 25, 2022

Page 3 of 5 ends

 Raised crosswalk across West Ruby
Street just west of the Duarte Avenue
intersection.
 “Caution Crossing [pedestrians]”
signage on West Ruby Street before
the raised crosswalk.
 “Slow Down Drive Safe” City of Oakley
Traffic Calming signage.
 Speed bump on Fuschia Way.
 “Speed Bump 15 MPH” signage on
north and south side of speed bump
shown on Fuschia Way.
 “T” intersection signage on the Fuschia
Way approach to Wildcat Way.
 Stop signs at the 3-way stop at Wildcat
Way, Fuschia Way and West Ruby
Street, if warranted.

The exhibit includes a few notes and details for
additional clarity. One such note includes that
the crosswalks will be painted yellow. Other
details include a photo example of a raised
intersection and a revision to the driveway on
the lot adjacent to the west edge of the Police parking lot so it is further from the curve in the road, which was discussed during the September 27, 2022 public hearing.

Staff notes that while the exhibit does not show potential stop signs on West Ruby Street at Duarte Avenue, that a stop warrant analysis has been conditioned for that intersection since the project was originally presented to the Planning Commission and that condition still remains. The same type of analysis has also been conditioned at Wildcat Way, Fuschia Way, and West Ruby Street. Also noted is that the exhibit shows a speed bump and related signage on Fuschia Way south of project’s lots that front Fuschia Way.

Environmental Review
The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (Class 32 – Infill Development Projects). Section 15332 of the State CEQA Guidelines exempts projects when the proposed project is consistent with the applicable general plan designation and all applicable general plan policies, as well as applicable zoning designation and regulations. Additionally, the project must occur within City limits on a project site of no more than five acres that is surrounded by urban uses. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Lastly, the site can be adequately served by all required utilities and public services. The project meets the requirements as 98 Subject: Continued - Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) Date: October 25, 2022

Page 4 of 5 ends

mentioned. Therefore, there is no substantial evidence that the project may have a significant effect on the environment.

Analysis
Staff has proposed findings and conditions of approval to support the City Council approving both entitlements for the Tentative Map and Variance. Opposition to the project has mostly come in the form of objecting to the connection of West Ruby Street to Wildcat Way which would result in vehicle pass through traffic. Residents along Wildcat Way and Fuschia Way have requested the City Council not allow the roads to connect in order to preserve the current neighborhood setting. The project design and Staff’s recommendations have sought ways to allow progress in emergency vehicle and neighborhood connectivity while understanding the local residents’ comments on how this project may alter the number of vehicles using the residential public street on which they reside.

At the September 27, 2022 public hearing, the City Council requested the applicant submit a plan showing how traffic calming measures, as conditioned and discussed, might look. In response to the City Council’s request, the applicant submitted an exhibit to help visualize how and where the traffic calming measures, including physical bulb outs, would look if installed. If all measures shown were implemented, the area would include several new signs, a raised “T” intersection, a raised crosswalk, and potentially five new stop signs, when considering existing conditions of approval. Staff has considered all of the traffic calming measures in the exhibit and proposed a condition of approval that the project implement any of the measures that would not require additional analysis prior to installation. That would include the traffic calming signage, a raised crosswalk, and a raised intersection. The stop signs will require stop warrant analyses, and those conditions are already proposed. Staff will also condition Lot 5 to be oriented so that the driveway is placed as far away as possible from the curve on West Ruby Street just east of the lot.

Comments and draft plans have been provided that range from a second Police exit to the west, to allowing pedestrian traffic between the two side, but not vehicles. These solutions would serve to eliminate public vehicle pass through traffic This would likely result in maintaining the number of vehicle trips on Wildcat Way and Fuschia Way but at the expense of the community benefit of increasing neighborhood connectivity. Similar, although not identical, examples of these sorts of neighborhood connectivity connections have occurred between Emerson Ranch and Cypress Grove along Ibis Drive and Shearwater Way. In support of the overall community benefit of increasing neighborhood connectivity, Staff recommends approval of the project as proposed, with additional traffic calming measures implemented, as conditioned.

Consistency with the City of Oakley Strategic Plan 27+
In line with the City of Oakley Strategic Plan 27+, Community Health and Safety Goal emphasizes the need to protect the public and prioritize safe streets, healthy 99 Subject: Continued - Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22) Date: October 25, 2022

Page 5 of 5 ends

neighborhoods to benefit the residents of the City of Oakley. The proposed project includes the dedication and improvements to the public right-of-way. The inclusion of a sidewalk along the perimeter of the project is consistent with the Safe Streets Objective in that it will help provide an alternative route for pedestrians traveling to and from the elementary school and/or Downtown area. Furthermore, the Safe Street Objectives requires the City to consider road improvements such as delineators where speed is an issue and implement traffic-calming measures as traffic grows within the City.

Fiscal Impact
This project will not impact the General Fund. This is a developer-funded account. All Staff time and City of Oakley generated materials related to the processing of this application, including reproduction of physical copies and postage for public hearing notices, are charged to the account.

Findings
Draft findings for the Tentative Map and Variance can be found within the proposed resolution.

Staff Recommendation
Staff recommends the City Council adopt the resolution approving the project titled “Golden Oak Subdivision 9580 Tentative Map (TM 02-22) and Variance (VA 01-22)”, as conditioned.

Attachments

1. Vicinity Map

2. Notice of Public Hearing

3. Applicant’s Plans

4. Traffic Calming Measures Exhibit

5. Traffic Memo

6. Draft Resolution

7. City Council Draft Minutes dated September 27, 2022 (excerpt of draft minutes related to the project)

8. City Council Staff Report dated September 27, 2022 (without attachments)

9. Planning Commission Staff Report dated August 2, 2022

10.Planning Commission Resolution No. 05-22
100
Vicinity Map
Golden Oaks Subdivision Tentative Map (TM 02-22) and Variance (VA 01-22). APN: 035-090-082 101
City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF PUBLIC HEARING
Notice is hereby given that on October 25, 2022, at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a continued Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an application for a Tentative Map and Variance as described below:

Project Name: Golden Oak Subdivision and Tentative Map (TM 02-22) and Variance (VA 01-22) Project Location: 4960 Fuschia Way, Oakley, CA 94561
Applicant: Pam Young (S&Y Properties), 4960 Fuschia Way, Oakley, CA 94561 Request: Application by Pam Young (“Applicant”) requesting approval of a Tentative Map (TM 02-22) to subdivide an approximately 2-acre parcel in to eight (8) single-family residential lots, including dedication and improvement of public right-of-way and extension of West Ruby Street to the intersection of Wildcat Way and Fuschia Way. Applicant also requests approval of a Variance (VA 01-22) on meeting the minimum lot requirements for four (4) of the eight (8) lots (“Project”). The project site is located at 4960 Fuschia Way and zoned R-6 (Single-Family Residential) District. APN: 035-090-082.

How to Review: The Staff Report and its attachments will be available for public review, on or before October 19, 2022 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the October 25, 2022 agenda. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to 5:00 P.M. the day of, and may testify at, the public hearing. Written comments may be submitted to Ariana Ruiz, Planning Technician at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 102
7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 BENCHMARK AND DATUM THE COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, EPOCH 2011.00 (CALIFORNIA COORDINATE SYSTEM-ZONE 3) AND WERE ESTABLISHED USING THE CALIFORNIA SURVEYING AND DRAFTING REAL-TIME NETWORK (CSDS RTN). WWW.CSDSINC.COM/GPS-NETWORK-SERVICES/ ELEVATION = 26.69 (NAVD88). FD BDM IN WELL. CENTERLINE-CENTERLINE INTERSECTION OF FUSCHIA WAY AND WILDCAT WAY AS SHOWN HEREON. TENTATIVE MAP NO. 9580 *OL'EN OAK 68%'IVI6ION OAKLEY, CALIFORNIA GENERAL NOTES: 1. OWNER: S&Y PROPERTIES, LLC. 4960 FUSCHIA WAY OAKLEY, CA 94561 2. APPLICANT: PAM YOUNG S&Y PROPERTIES, LLC. 4960 FUSCHIA WAY OAKLEY, CA 94561 3. ENGINEER: FREYER & LAURETA, INC. 825 WASHINGTON ST. #237 OAKLAND, CA 94607 4. SUBDIVIDED AREA: PARCEL 1 FILED JANUARY 1, 1989 IN MAP BOOK 35 AT PAGE 9. 5. ASSESSOR'S PARCEL NUMBERS: 035-090-080 6. SANITARY SEWER/RECYCLED WATER: IRON HOUSE SANITARY DISTRICT 7. STORM DRAINAGE: CITY OF OAKLEY 8. POTABLE WATER: DIABLO WATER DISTRICT 9. GAS/ELECTRIC: PG&E 10. TELECOMMUNICATIONS: AT&T 11. CABLE T.V.: COMCAST 12. FIRE DISTRICT: EAST CONTRA COSTA FIRE PROTECTION DISTRICT 13. FLOOD ZONE: AREA OF MINIMAL FLOOD HAZARD, PER PANEL 06013C0355G DATED 3/21/2017 14. STREET IMPROVEMENTS: CITY OF OAKLEY 15. EXISTING ZONING: RESIDENTIAL 16. EXISTING LAND USE: RESIDENTIAL 17. PROPOSED LAND USE: RESIDENTIAL PROPOSED EXISTING LEGEND SHEET INDEX VICINITY MAP - NTS LOCATION MAP - NTS BASIS OF BEARINGS SHEET 1 TITLE SHEET & GENERAL NOTES SHEET 2 EXISTING CONDITIONS SHEET 3 DEMOLITION PLAN SHEET 4 EXISTING PARCELS AND EASEMENTS SHEET 5 PROPOSED PARCELS AND EASEMENTS SHEET 6 SITE PLAN SHEET 7 PRELIMINARY GRADING PLAN SHEET 8 PRELIMINARY DRAINAGE PLAN SHEET 9 PRELIMINARY UTILITY PLAN SHEET 10 PRELIMINARY STORMWATER CONTROL PLAN SHEET 11 TYPICAL STREET SECTIONS SHEET 12 DETAILS ENGINEER'S STATEMENT THIS TENTATIVE MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. RICHARD J. LAURETA, PRESIDENT P.E. C-055783 DATE SURVEYOR'S STATEMENT THIS TENTATIVE MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. CURTIS C. CHAPPELL, P.L.S. LICENSE NO. 7992 DATE GAS ELEC COMM COMM THE BEARING OF NORTH 00° 51' 29" EAST (NORTH 00° 53' 27" EAST RECORD), BEING THE CENTERLINE OF FUSCHIA WAY, AS SHOWN ON SUBDIVISION MAP NO. 5500 ENTITLED, "ORCHARD PARK UNIT 3", FILED FOR RECORD ON NOVEMBER 12, 1980 IN BOOK 247 OF MAPS AT PAGE 28 IN THE OFFICE OF THE RECORDER FOR THE COUNTY OF CONTRO COSTA, WAS USED AS THE BASIS FOR ALL BEARINGS SHOWN HEREON. PROPOSED EXISTING ABBREVIATIONS PROJECT LOCATION PROJECT LOCATION OH - E\COMM\TELE CATV TELE TELE OH - E\COMM\TELE CATV TITLE SHEET & GENERAL NOTES 1 ELEC GAS W W 103

FUSCHIA WAY

WILDCAT WAY
DUARTE AVENUE WEST RUBY STREET 2 7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 EXISTING CONDITIONS 104

FUSCHIA WAY

WILDCAT WAY
DUARTE AVENUE WEST RUBY STREET 7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 PROPOSED PARCELS AND EASEMENTS 5 LE*EN' 107
7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 SITE PLAN 6 108

FUSCHIA WAY

WEST RUBY STREET

FUSCHIA WAY
WILDCAT WAY 7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 PRELIMINARY UTILITY PLAN 9 111
WEST RUBY EXTENSION 3.13 DMA 3.33 DMA 3.23 DMA 1.31 DMA 1.11 DMA 1.22 DMA 1.32 DMA 1.13 DMA 2.12 DMA 2.31 DMA 2.11 DMA 2.32 DMA 2.22 DMA 3.11 DMA 3.31 DMA 3.21 DMA 3.12 DMA 3.32 DMA 3.22 DMA 1.12 DMA 1.33 DMA 1.23 DMA 2.41 DMA 5.41 DMA 1.41 DMA WILDCAT WAY 1.41 DMA WEST RUBY STREET 4.51 DMA PRIVATE ROAD 2.21 DMA 1.42 DMA 1.43 DMA 1.21 DMA 5.42 DMA 5.43 DMA FUSCHIA WAY 7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 PRELIMINARY STORMWATER CONTROL PLAN 10 1.11 DMA 112
7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 TYPICAL STREET SECTIONS 11 113
7/22/2022 PROJ. ENGR: LFH DRAWN: CSM CHECKED: RJL DESIGNED: SCALE: CSM DATE: DATE DESCRIPTION OF REVISIONS APP'D OF 12 SHEETS JOB NO. SHEET SURVEYORS 825 Washington Street Oakland, CA 94607 (510) 937-2310 CIVIL ENGINEERS CONSTRUCTION MANAGERS www.freyerlaureta.com SUBCONSULTANT: TENTATIVE MAP NO. 9580 GOLDEN OAK SUBDIVISION OAKLEY, CALIFORNIA AS SHOWN 316002 DETAILS 12 114
TRAFFIC CALMING MEASURES EXHIBIT City of Oakley Planning Division Oct 4, 2022 RECEIVED 115
San Francisco Office: Oakland Office:
150 Executive Park Blvd, Suite 4200 825 Washington Street, Suite 237 San Francisco, CA 94134 Oakland, CA 94607
Tel: (415) 534-7070 Tel: (510) 937-2310
www.freyerlaureta.com
CIVIL ENGINEERS • SURVEYORS • CONSTRUCTION MANAGERS

M E M O R A N D U M
To: City of Oakley, Billilee Saengchalern, P.E.

From: Freyer & Laureta, Inc., Richard J. Laureta, P.E., Lorraine Htoo, P.E., and Camille Miculob
cc: Pam Young, S&Y Properties
RE: Golden Oak Development Traffic Memorandum
Introduction
This traffic technical memorandum is provided for the Golden Oak Development located at 4960 Fuschia Way (See Figure 1 - Location Map) and provides background information on the project, reference traffic study guidelines, findings, and recommendations.

Project Description
The Golden Oak Development site is approximately two (2) acres south of the downtown area as depicted in Figure 2 – Site Plan. The project site is mostly undeveloped with one residential structure approximately 4,500 square feet. The proposed development will divide the lot into eight (8) parcels and include seven (7) new single-family homes, a private drive, and a new public road to connect West Ruby Road in the east to Wildcat Way to the west. The existing land use will remain “Residential Low/Medium” as defined in the City of Oakley’s General Plan.

Traffic Study Guidelines
Certain types of projects are exempt from having to provide a traffic impact analysis (TIA) due to size, nature of project and/or location. For the Golden Oak Development with the addition of seven single family homes, it is not anticipated that one hundred or more A.M. or P.M. peak-hour trips would be generated. Given that one hundred trips are not generated, a TIA is not required.

Findings and Recommendations
The site will be accessed off Wildcat Way, Fuschia Way, and West Ruby Road. The development will provide a new public thoroughfare connecting Wildcat Way to the west to Duarte Road to the east. The newly constructed development to the south, Cypress 116

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FREYER & LAURETA, INC.

Estates and its 30 single family homes would benefit from the project as it creates accessibility to their site outside of Mallard Lane, Fuschia Way and Wildcat Way alone.

The new public road provides an alternative route for the Oakley Elementary School and the City’s newly expanded police parking lot. As Fuschia is a straight road, aligned NorthSouth from Wildcat Way past Ashwood Drive for approximately 1,000 feet, there could be a potential for vehicular speed limits to be exceeded. With the proposed development providing an alternative route to Oakley Elementary, certain measures can be included to promote safer streets as the City continues to develop a “Vision Zero” policy in line with the County’s goal to eliminate fatalities due to vehicular collisions. As discussed with the City, a narrowing of the intersection of Fuschia and Wildcat is proposed and depicted in Figure 3. These proposed bulb outs can help temper the speeds along Fuschia Way, Wildcat Way, and the new West Ruby Extension. Figure 3 also provides recommendations for improvements to the intersection of West Ruby Road and Duarte Road, outside of the project limits, for the City’s consideration.

Figures:

Figure 1 – Location Plan
Figure 2 – Site Plan
Figure 3 – Improvements Plan
References:

City of Oakley, 2020 General Plan Adopted December 16, 2002, Amended February 2, 2016.

De Novo Planning Group, City of Oakley General Plan Public Review Draft, August 2021. 117

MAIN STREET EMPIRE AVENUE O'HARA AVENUE

W CYPRESS ROAD

ASHWOOD DRIVE FUSCHIA WAY

WILDCAT WAY
W. RUBY STREET

PROJECT

AREA CIVIC
CENTER
OAKLEY

ELEMENTARY

GOLDEN OAK DEVELOPMENT
LOCATION MAP 316002 12/9/2021 1
OAKLEY
PLAZA
118

GOLDEN OAK DEVELOPMENT
SITE PLAN 316002 12/1/2021 2 FUSCHIA WAY

WILDCAT WAY DUARTE AVENUE

WEST RUBY STREET
119

WILDCAT WAY FUSCHIA WAY

WEST RUBY STREET DUARTE AVENUE

GOLDEN OAK DEVELOPMENT

PROPOSED IMPROVEMENTS
316002 12/1/2021 3

BULB OUTS

RECOMMENDED

BULB OUT

RECOMMENDED

BULB OUTS
W. RUBY

EXTENSION

PRIVATE
DRIVE
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1) OPENING MATTERS

1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance to the Flag.

Barbara Bautista requested the Council consider rent stabilization for Oakley to keep residents housed. She shared information regarding significant rent increases since 2019.

Mayor Pope invited her to stay after the meeting to have a more robust discussion.

Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the
Oakley Public Financing Authority held
September 27, 2022
Excerpt of Item 4.2. All other Items shown with
Strikethrough Text. All non-item related pages have been removed.
121
Public Comment
Dan O’Leary inquired if it is required that someone asks for them or if an establishment could offer one.