Oakley City Council
February 27, 2024

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, February 27, 2024
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.

NOTE: Councilmember Fuller will join via teleconference. His location is the DoubleTree by Hilton, Pakalana Room, 1956 Ala Moana Bl, Honolulu, HI 96815-1897.

Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.

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. 1 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.

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

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

1.2 Pledge of Allegiance to the Flag (Heritage High School JROTC)

1.3 Proclamation Recognizing February as Prescription Drug Abuse Awareness Month (Danielle Aubin, BAART Programs)
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.

3.COUNCILMEMBER COMMENTS
2 4.CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor.

4.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held February 13, 2024 (Libby Vreonis, City Clerk) Minutes 02-13-24

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

4.3 Award of Construction Contract to sofSURFACES for the Daffodil Park Playground Surfacing Project - Capital Improvement Program (CIP) No. 307 (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report

1. Resolution

2. sofSURFACE Proposal

4.4 Approval of Subdivision Improvement Agreement and Final Map for Summer Lake North Subdivision 9307 (Located at the northeast corner of East Cypress Road and Bethel Island Road) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Vicinty Map

2. Resolution - Final Map

3. Resolution - SIA

4. SIA

5. Final Map

4.5 Approval of the Final Agreement for the Purchase of Portions of Contra Costa Assessor Parcel No. 034-090-022 from the Del Barba family for the Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project – Capital Improvement Project (CIP) Number 280 (Derek Cole, City Attorney and Kevin Rohani, P.E., Public Works Director/City Engineer)
3 Staff Report

1. Resolution

2. Purchase and Sale Agreement

5.PUBLIC HEARINGS

5.1 Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees (Jeri Tejeda, Administrative Services Director) Staff Report

1. Resolution

2. Master Fee Schedule

6.REGULAR CALENDAR

6.1 Waive the First Reading and Introduce an Ordinance Regarding Administrative Fines for Unlicensed Commercial Cannabis Activity Including Cultivation, Manufacturing, Processing, Distribution or Retail Sale of Cannabis and Declaring Such Activity a Public Nuisance (Libby Vreonis, City Clerk/Paralegal) Staff Report

1. Proposed Ordinance

6.2 Adopt a Resolution to Establish a Library and Community Center Project Specific Sub-Committee (Joshua McMurray, City Manager)
Staff Report

1. Draft Resolution

6.3 Resolution of the City Council of Oakley Declaring the Existence of a Local Emergency Due to the City's Sustaining of a Cyberattack on February 22, 2024 (Derek Cole, City Attorney)
Staff Report

1. Resolution

7.REPORTS

7.1 CITY MANAGER
(a) City Manager
(b) New Rail Platform Safety Plan Memo
(c) Police Department Annual Update
(d) Fireworks Update
(e) School Resource Officer Update
4 (b) New Rail Platform Safety Plan Memo
(c) Police Department Annual Update

7.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

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

8.WORK SESSION

9.CLOSED SESSIONS

10.ADJOURN
5 PROCLAMATION
2024 PRESCRIPTION DRUG ABUSE AWARENESS MONTH
WHEREAS: When used as prescribed by a doctor, prescription medicines such as stimulants, sedatives and opioids can be helpful in treating many illnesses, but when these medications are misused, they can have serious consequences; and WHEREAS: Many prescription drugs can alter a person’s thinking and judgment, and can lead to health risks, including addiction, drugged driving, infectious disease, and adverse effects on pregnancy; and WHEREAS: Anyone who takes prescription opioids can become addicted to them. In fact, as many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with opioid use disorder (OUD); and WHEREAS: Prescription opioid overdose deaths also often involve benzodiazepines. Benzodiazepines are central nervous system depressants used to sedate, induce sleep, prevent seizures, and relieve anxiety. The Centers for Disease Control and Prevention (CDC) recommends avoiding taking benzodiazepines while taking prescription opioids whenever possible due to the risk of overdose; and
WHEREAS: In 2022 in Contra Costa County there were 463,914 opioid prescriptions given to patients which is an age-adjusted rate of 349.6 per 1,000 residents, higher than the state rate of 321.74; and WHEREAS: In 2022, a total of 21,016 emergency department visits occurred in California that were related to any opioid overdose and 348 of those visits occurred in Contra Costa County; and WHEREAS: According to the Center for Disease Control (CDC), 106,699 drug overdose deaths occurred nationally in 2022, 80,411 were from opioids and 169 of those opioid related overdose deaths occurred in Contra Costa County; and WHEREAS: Synthetic opioids other than methadone (primarily fentanyl) and stimulants such as methamphetamine were the main drivers of drug overdose deaths in the U.S. in 2022; and WHEREAS: To help prevent substance use disorder and overdose deaths, the Oakley City Council encourages community members to dispose of their expired and unwanted prescription drugs throughout the year and safely store those still needed; and WHEREAS: The Contra Costa County Medication Education and Disposal Safety (MEDS) Coalition engages all community members in the county to participate in Prescription Drug Abuse Awareness Month activities to raise prescription drug safety awareness.

NOW THEREFORE, BE IT RESOLVED THAT I, Anissa Williams, Mayor of the City of Oakley, join with the members of the Oakley City Council in declaring March, 2024 as Prescription Drug Abuse Awareness Month in Oakley.

February 27, 2024
_____________________
Anissa Williams, Mayor
6 Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held February 13, 2024
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 Anissa Williams 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 Shannon Shaw and Councilmembers Hugh Henderson, Dr. George Fuller and Aaron Meadows were also present.

1.2 Pledge of Allegiance to the Flag (Cali Rios, Gehringer Elementary School Student) Mayor Williams introduced Gehringer Elementary School student Cali Rios who led the Pledge of Allegiance to the Flag.

1.3 Proclamation Recognizing February as Black History Month (Michael Dupray and Odessa Lefrancois, East Contra Costa County - NAACP)
Mayor Williams presented the proclamation to Odessa Lefrancois and Velma Wilson with the East Contra Costa County NAACP. Michael Dupray was unable to attend.

Mrs. Lefrancois commented that Black History is American History, and she hopes our nation will one day not have to set only one month aside.

Ms. Wilson shared that African Americans serve this country (veterans). She read a portion of The Black National Anthem and shared that the NAACP will continue striving for a diverse, inclusive community.

1.4 Update from Tim Haile, Executive Director, Contra Costa Transportation Authority Contra Costa Transportation Authority Executive Director Tim Haile provided an update and PowerPoint presentation.

Dr. Fuller inquired if CCTA is working with San Joaquin County to enhance road connection.

Mr. Haile mentioned that expanding SR 239 will open a gateway to the San Joaquin Valley, providing a reduction in traffic.
7 Mayor Williams called for a brief recess at 7:01 p.m. for staff to resolve audio issues with the livestream. The City Council reconvened at 7:17 p.m.

1.5 Update from Nonprofit Awarded American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Grant Funds, Elizabeth Soleyman, CEO, We Get It Foundation
Elizabeth (Soleyman) La Vasse, CEO of the We Get It Foundation, provided a presentation.

Samantha Dean, a recipient of We Get It Foundation grant funds, thanked the City of Oakley for its support for the Foundation to be able to provide service to children in Oakley and thanked the Foundation.

Vice Mayor Shaw expressed appreciation for the program. She shared that her daughter has Tourette Syndrome and wishes there was an organization like this when her daughter was young.

Mayor Williams inquired if the Foundation has been able to leverage funds for other grant funds and how it plans to continue fundraising.

Ms. LaVasse mentioned the grant award has allowed them to meet local businesses and families, they are receiving donations that they didn’t receive before, and they are looking into other grants and funding.
2) PUBLIC COMMENTS
Lisa Cano Loomis, Oakley Library Manager, shared a presentation of events the Oakley Library hosts and mentioned they use the whole building for programs of which some events are a packed house. She announced during March Spring Break they will be doing an event every day as they will have access to the entire building.

Marilyn Tiernan submitted a public comment card to introduce herself as the liaison for Diablo Water District that was made part of the meeting record. 3) COUNCILMEMBER COMMENTS
Dr. Fuller agreed with Mrs. Lefrancois’ comment made earlier that African American history is American History. He discussed WWII systemic racism and the 1944 Port Chicago explosion where 2/3 of the 320 fatalities and 390 injured were African American sailors. He mentioned 50 African American sailors went on trial for mutiny because after the explosion, they refused to load ships and the penalty was up to death; they were found guilty, imprisoned for 2 years, and received clemency, but some remained in for 3 more months for whatever reason. He mentioned Freddie Meeks was among them and received full pardon from President Clinton in 1999.
4) CONSENT CALENDAR
Dr. Fuller requested to pull items 4.1, 4.2, and 4.3.

Vice Mayor Shaw requested to pull item 4.9.
8 No public comments were submitted.

It was moved by Councilmember Meadows and seconded by Councilmember Henderson to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0) Item 4.1
Dr. Fuller expressed dismay regarding the meeting minutes. He mentioned not including the question he raised to the Assistant City Attorney regarding translation representation for the appellant during the Code Enforcement appeal hearing is a degradation to the accused as it was obvious the appellant did not speak English, he is not certain the appellant understood what was being said, and there is no way to be certain that the translator communicated what was being said to the appellant, and it should be reflected in the minutes. He added that the City does not keep video of the meetings indefinitely on its website to refer to. He also mentioned he asked a question that staff was unable to respond to and Vice Mayor Shaw mentioned it was a Notice of Violation and later referred to her binder; it should have been noted in the minutes.

Mayor Williams requested clarification why it should be noted in the minutes that the appellant brought his own translator when the appellant hired his own translator.

Dr. Fuller requested a legal opinion.

City Attorney Derek Cole mentioned the item is regarding minutes so he will not speak to translation. He mentioned the City Council voted unanimously to have action minutes and the City Clerk followed that direction; if there is a desire to add more detail, a Councilmember can make a motion to include it in the minutes.

Dr. Fuller shared he voted for it because he was not influenced by any papers Vice Mayor Shaw had or any others; he was convinced a violation had occurred but feels the City can and should do better. It was moved by Dr. Fuller to amend the minutes to reflect that the appellant was represented by a translator who was not an official translator, that he commented that it did not appear that the appellant spoke or understood English, and that Councilmember Shaw referred to notes she had in a binder.

Vice Mayor Shaw commented that she prints out the full agenda and places it in a binder for Council meetings and when Dr. Fuller asked about the violation, she flipped through the binder to find the Notice of Violation.

Dr. Fuller clarified the question was whether a bandit line was running through the power hookup where they were or were not being charged by PG&E and that is when he saw Vice Mayor Shaw flipping through 6”-8" of papers in a binder.

Vice Mayor Shaw held the binder up. Dr. Fuller indicated that is not the same binder. Vice Mayor Shaw indicated she does not use the same binder for each meeting. Dr. Fuller mentioned she flipped through the binder when the question was presented and she said “no” and again when the decision was being made, and he believes it should be added to the minutes.

Mayor Williams commented that Dr. Fuller made a motion. She inquired if there was a second to the motion. There being none, the motion died.

It was moved by Vice Mayor Shaw and seconded by Councilmember Meadows to approve the minutes as written. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) 9 Item 4.2
Dr. Fuller expressed that he doesn’t agree with the action; he doesn’t see the value of approving an increase in salary for City Councilmembers. It was moved by Councilmember Henderson and seconded by Vice Mayor Shaw to waive the second reading and adopt the ordinance.

AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1) Item 4.3
Dr. Fuller inquired if the Downtown Gateway Plaza and Infrastructure Improvement Project was completed for $7.9 million, and if the Downtown Parking Lot Construction Project was completed for $4.7 million, for a total of about $13 million, all of which Public Works Director/City Engineer Kevin Rohani confirmed is correct. It was moved by Dr. Fuller and seconded by Vice Mayor Shaw to accept the report. Motion was unanimous and so ordered. (5-0) Item 4.9
Vice Mayor Shaw shared that she pulled the item to highlight the project.

Public Works Director/City Engineer Kevin Rohani discussed the project background and mentioned no later than April 2024, staff expects construction on the full widening of E. Cypress Road to begin from Knightsen Avenue to Jersey Island before the canal and to be completed early 2025, and while that is being constructed, the design of the road will be worked on so that in the Spring of 2025, they can begin construction on the portion over the canal crossing that they anticipate will be completed in the Spring of 2026, and while that construction is happening, they will work on a design for the rest of E Cypress Road from Jersey Island to Bethel Island, working eastward, so that by end of 2026 or early 2027, the entire E. Cypress Road should be completed.

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

4.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held January 23, 2024 (Libby Vreonis, City Clerk)

4.2 Waive the Second Reading and Adopt an Ordinance Amending Section 2.1.006 of the Oakley Municipal Code Increasing the Salaries of the Members of the City Council Following the November 2024 General Election (Derek Cole, City Attorney)

4.3 Fiscal Year 2023/24 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.4 Award of Construction Contract to SofSURFACES for the Briarwood Park Playground Surfacing Project - Capital Improvement Program (CIP) No. 305 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.5 Appointment to the Contra Costa County Library Commission for the Remainder of the Current Term Ending June 30, 2025 (Libby Vreonis, City Clerk)

4.6 Acceptance of work associated with the Construction Contract of R & R Pacific Construction, Inc. for the construction of Fiscal Year (FY) 2022/23 Street Repair 10 and Resurfacing Project-Capital Improvement Project (CIP) Number 279 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.7 Approval of Contract Amendment # 1 with Geosyntec Consultants, Inc. (Geosyntec Consultants) for On-Call Consultant Services Related to the Stormwater NPDES Program for the Remainder of Fiscal Year 2023/2024 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.8 Consideration of a Resolution Establishing the Rate per Equivalent Runoff Unit for Fiscal Year (FY) 2024/25 and Requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System Program (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.9 Authorize the City Manager to Execute a Consulting Services Agreement with Bellecci and Associates, Inc. to Provide Design Services for Capital Improvement Project Number 310- East Cypress Road Widening at CCWD Canal Crossing Project (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.10 Annexation No. 37 (Quick Quack at Laurel Plaza) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape, and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.11 Creating Zone 189 within the Oakley Special Police Tax Area consisting of the Machado Lane project (SD 9615) located west of Machado Lane and south of East Cypress Road (APNs 033-190-003 and 033-190-004) (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.12 Creating Zone 190 within the Oakley Special Police Tax Area consisting of the Sellers Ave project (SD 9614) located at 5911 Sellers Avenue (APN 033-150-013) (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.13 Creating Zone 191 within the Oakley Special Police Tax Area consisting of the Villa Grove project (SD 8807) located on the south side of Carpenter Road and east of O’Hara Avenue (APN 034-110-008) (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.14 City of Oakley Investment Report (2nd Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)

4.15 City of Oakley as Successor Agency to the Oakley Redevelopment Agency Quarterly Investment Report (2nd Quarter FY 2023/24) (Jeri Tejeda, Administrative Services Director)
5) PUBLIC HEARINGS
None.
11 6) REGULAR CALENDAR

6.1 Adopt a Resolution Approving the City of Oakley Fiscal Year 2023/2024 Mid-Year Budget Review including the recommended amendments to the General Fund and ARPA Fund (Jeri Tejeda, Administrative Services Director) Administrative Services Director Jeri Tejeda presented the staff report.

No public comments were submitted.

Councilmember Meadows requested clarification whether $472k or more is being unallocated for software of the remaining $2.8 million and Ms. Tejeda confirmed it is $472k.

Dr. Fuller requested a budget update in May whether there is an increase, it remains same, or there is a decrease, and Ms. Tejeda confirmed a budget study session is scheduled for May 14.

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

6.2 Approval of the Final Agreement for the Purchase of Portions of Contra Costa Assessor Parcel No. 034-090-022 from the Del Barba family for the Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project -Capital Improvement Project (CIP) Number 280 (Derek Cole, City Attorney and Kevin Rohani, P.E., Public Works Director/City Engineer)
Note: Agreement will be made available on the City's website when it becomes available. https://www.ci.oakley.ca.us/agendas-minutes-videos-archive/ Mayor Williams announced that staff requested the item be continued to February 27, 2024.

6.3 Adopt a Resolution to Extend the Affordable Housing Advisory Ad-Hoc Committee (Danielle Navarro, Assistant City Manager)
City Manager Joshua McMurray presented the staff report. He invited Committee members, Vice Mayor Shaw and Councilmember Meadows, to provide comments. Vice Mayor Shaw and Councilmember Meadows both indicated they made their comments during the last Council meeting.

Dr. Fuller shared that he has voted against this several times, he believes they are getting played, the people in The Oaks are marginalized, they are not receiving services they deserve, they are playing one building against the other creating differential, the reports are not good; the City is engaged in the original building and financing of it and has never received any form of stipend but at that point they should take ownership and set standards by ordinance. He mentioned the residents are suffering. He mentioned he will vote ‘no’ again and as more affordable housing units will be coming in, they need to set standards for maintenance. He indicated that they are 2 months in and still no solution.

Councilmember Henderson suggested extending the Committee out two months to allow for the next meeting and follow up.

Vice Mayor Shaw agreed at least two meetings are needed as there were many questions from the last meeting unanswered and if there are any further expectations, a second meeting would 12 be helpful to allow them to set forth expectations and follow up; she wants to step back but not too early.

Mayor Williams inquired about what power the Council has if they do or do not continue the Committee.

Mr. McMurray mentioned they do not have a lot of power, a lot of time and effort is being given to this topic specifically because of this one development, and the Ad-Hoc Committee could require monthly updates from both management and the property owners. He shared that management is only able to do what is given by ownership and he believes they are trying to listen and want to be responsive. He mentioned he has worked with the project for almost 16 years and these issues continually pop up. He added that for the City to keep some handle on what is going on, an option may be to hold them accountable until there is a proven track record.

Councilmember Meadows mentioned he is okay with extending two months.

Mr. McMurray suggested if a motion is made supporting that, that the motion include extending the Ad-Hoc Committee through March 26, 2024, to allow the Ad-Hoc Committee to meet in February and again in early March, and staff can bring the item back to Council the second meeting of March.

Dr. Fuller commented that he is not looking for power but is looking for accountability. He inquired if the City has part ownership in some form, if the Council can pass an ordinance or standards to then impose fines if not followed so if ownership doesn't go along with it, money is taken out of their pocket and they see a correction needs to be made and they make it.

Mr. McMurray mentioned the City has policies, standards, and procedures in place; they address it from law enforcement and the building code/code enforcement. He mentioned the owner is a partner in the community and there is accountability, there are 5-6 topics that reoccur in discussion, and if they can develop a meaningful report to address these topics, it keeps it at the forefront.

Mayor Williams inquired if the extension of the Ad-Hoc Committee does not stay the red-tag process and Police and Code Enforcement response which Mr. McMurray confirmed is correct and also when it is no longer a standing committee.

Mayor Williams inquired if the Ad-Hoc Committee or City can compel the owners to come speak and report which Mr. McMurray indicated could be discussed by the Ad-Hoc Committee.

Councilmember Meadows inquired if they could make the request now that the owners come to the next Ad-Hoc Committee meeting.

Dr. Fuller inquired what happens if they don’t attend and Councilmember Meadows indicated that shows what they are.

It was moved by Councilmember Meadows and seconded by Councilmember Henderson to extend the Ad-Hoc Committee to March 26, 2024, and direct staff to invite the owners to attend the next Ad-Hoc Committee meeting to be held February 22, 2024. Motion was unanimous and so ordered. (5-0)
13 7) REPORTS

7.1 CITY MANAGER
(a) City Manager
(b) Business License Update
(c) City Council Follow up List
(d) Library Update
(e) Report Regarding Council Members-Ability to Comment Upon or Express Opinions About Pending or Future Agenda Items
(f) Report regarding the Enforcement of Adopted Councilmember Standards and Censures of Councilmembers
(a) City Manager Joshua McMurray mentioned he will discuss items (a)-(d) and City Attorney Derek Cole will discuss items (e) and (f).
(b) Mr. McMurray indicated the list for new business licenses for January has been provided. (c) Mr. McMurray reviewed each item on the City Council follow-up list with the Council (parenthesis notate action) to confirm if any items should be reprioritized. Vice Mayor Shaw suggested they decide on a memo or for staff to report back at a Council meeting and prioritize dates to which Mr. McMurray agreed would be helpful for staff.  Creekside Park expansion (schedule work session to expand programming/facilities)
 Assess facility needs for growing staff (in progress)  Explore options for future fireworks response/location (Police to provide update to Council on 2/27/24)
 Social media policy for Council (in progress)
 Early public warning system for railroad (in progress with consultant)  AB 1657 quarterly updates through City Manager report or Council workshop (pending)
 Veterans-speaker to address current hardships/concerns (staff will bring someone forward)
 Ascertain safety of rail platform in vicinity of Downtown and Vintage Parkway (memo appropriate, BNSF designs and constructs the train platform)  Presentation regarding funding options for small businesses, including how much has already been provided to non-profits/business (in progress, will bring to Council as a work session)
 Townsend/City Attorney report on AB 1033 and AB 1657 (supra) (staff will provide report by memo)
(d) Mr. McMurray mentioned they have been able to allocate more ARPA funding toward a new library. He shared conceptual renderings and mentioned a new library will cost approximately $1k per square foot so they must find a substantial amount of money. He shared that they recently had a meeting with County Supervisor Burgis along with the County Librarian, Chair of the Library Foundation of Contra Costa, and former Mayor/Councilmember Kevin Romick, and they had a good discussion on how to approach this. He announced there will be a community meeting, a key stakeholder (library, seniors, veterans) meeting, in March. He shared his opinion that they need to set a timeline which he will present on February 27 along with selection of two Councilmembers to sit on the library committee, so they are not chasing the dollar as it will only cost more in time; it is time to move the library from Freedom High School to the Civic Center campus.
14 (e) Mr. Cole mentioned when Councilmembers are dealing with a legislative matter, comments prior to voting at a Council meeting are unlimited but when Councilmembers act in a judicial capacity it is different. He provided examples, i.e., McDonald’s and Quick Quack items that were quasi-judicial—it would not be right to comment prior to vote, whereas general comments about not having fast food or car washes or convenience stores would deal with policy, a legislative matter. He also provided the example of a fireworks appeal; if a Councilmember commented before the hearing that he/she/they would deny the appeal, it would be prejudging; however, in contrast, if the Councilmember says the Council really needs to do something to enforce the ordinance on July 4th, it is appropriate as a policy matter. He further explained that with bids and contracts where the lowest responsible bidder is selected, if a Councilmember says he/she/they will never approve a contract with a specific contractor, it might be prejudicial in a judicial action; whereas in contrast, if he/she/they says the Council needs to give more attention to local businesses or contracts focusing on local labor, that would be a policy matter and appropriate.

Vice Mayor Shaw commented that a Councilmember can state a type of business opposed and inquired if a specific business is coming on the agenda and the Councilmember says, “I don’t want this type of business”, if that is acceptable.

Mr. Cole explained that the Councilmember could be required to recuse his/her/them self for bias, as addressed in the Sacramento case.

Vice Mayor Shaw inquired if one Councilmember has bias and it is challenged, it could change the decision of the entire Council which Mr. Cole confirmed is correct.

Councilmember Williams inquired if a Councilmember sees that happen, if they would say to that Councilmember that he/she/they should recuse them self, so it doesn’t impact the decision of the Council.

Mr. Cole mentioned it should be handled delicately and he would handle that situation.

Dr. Fuller mentioned many people ask why he voted for tax and consolidation of ECCFPD and CCCFPD because many people thought he would vote against it, but it was an eloquent delivery of the situation that swayed him to vote in favor of it. He mentioned people need to sit up here with an open mind and if strongly opposed, he is honest, and they are welcome to try and convince him otherwise. He agreed with the approach to quasi-judicial matter, to not arrive at the dais having already decided a matter and mentioned he doesn’t even drive by code enforcement matters that are upcoming on an agenda because he does not want to prejudice his decision-making on the dais.

Mayor Williams mentioned quasi-judicial also applies to CUPs, referring to the Newport Beach case, where a Councilmember posted on social media non-approval of a CUP in advance of the decision, and the Council was then forced to approve it because the developer sued.

Mr. Cole mentioned there is a nuance with land use in that if a developer is asking for a General Plan amendment or a zoning amendment, it is more legislative; however, a design review or site plan review is quasi-judicial. He mentioned as a rule of thumb, when dealing with a private applicant (developer, appellant, company bidding on project), don’t say anything in advance of a decision about it as they are probably dealing with a quasi-judicial matter.

Dr. Fuller inquired if someone wants to develop a plot of land in a location that doesn’t look good, if a Councilmember cannot say they don’t want that type of development in that area. 15 Mr. Cole explained they are starting to get into nuance if they say they oppose development in certain areas of the city. He mentioned the cases provide examples where a Councilmember or Planning Commissioner were very adamant that under no circumstances, they will ever vote for it. He added that if a Councilmember were irrevocably making statements that they have concern about a site and state reasons, they might be okay. He mentioned why take the risk if it involves a quasi-judicial matter; hear it out and make the decision, then once the decision is made, then you can go on your social media an explain to your community why you made the decision.

Dr. Fuller inquired if it is their choice and Mr. Cole confirmed that it is.

Vice Mayor Shaw commented that it is their choice to comment on it before or after, but if specific words for a CUP, “no, absolutely not” or “ensure that it is banned, that they will not get this permit”, are used before the vote comes before the Council, while they can say they had an open mind coming to the dais and can have their mind changed if the position is compelling enough, she is concerned that would not be enough to challenge an appeal if the words are in writing, potentially opening up legal issues.

Mr. Cole explained that the situation that is most fraught for challenge is development because there is a lot of money involved and developers often have resources to challenge public agencies. He mentioned Oakley has very good developers and staff has good relationships with them and their legal counsel so this is not an insinuation; they are sophisticated parties with sophisticated representatives and counsel so when someone is making a paper record on social media that they can easily find, even if the posting is pulled, it can be a problem.

Vice Mayor Shaw inquired if prior to vote, if a Councilmember sees a comment being made, should they contact Mr. Cole to let him know and to handle it.

Mr. Cole recommended if there is concern that statements have been made that involve bias that they individually reach out to him, or Mr. McMurray, and they will address it. (f) Mr. Cole reported that the voters can invoke process for Councilmembers that represent them through voting or recall. He explained that the only other option than Councilmembers’ voluntary compliance is a censure proceeding which he provided in his report. He shared a 2022 U.S. Supreme Court decision that addressed whether there were First Amendment issues and his outline is based on that case. He mentioned censure is what the majority of the Council says it is, there is no standard when it is allowed and when not, it is symbolic when a Council wants to use it, and he and staff are not responsible to invoke or express what they think; it is the Council’s speech, not that of staff. He mentioned if they want a censure policy, he can draft it with their direction.

Dr. Fuller inquired if it is so laissez-faire, why people get so upset with term ‘censure’.

Mr. Cole explained that he has never been censured or sat on a Council like this, but he can imagine there are emotions and politics involved with censure and he can imagine if someone is on the receiving end, it can be upsetting.

Dr. Fuller inquired if the person being accused can have his/her/their own attorney rebut for them, which Mr. Cole confirmed is correct.

Dr. Fuller inquired if outside witnesses and written testimony are allowed. 16 Mr. Cole clarified that there would not be court-like hearing procedures; they could have people speak during public comment, but there would be no cross examination or sworn testimony; it would be somewhat like our public hearing items for land use matters.

Dr. Fuller inquired if someone contests you didn’t follow proper procedure and you go to the State and they provide documentation that you followed proper procedure if it can be submitted as a rebuttal.

Mr. Cole explained that a censure is a proceeding in front of the Council. He referred to facts of the U.S. Supreme Court case he mentioned earlier where the person subject to censure believed he had a legally valid claim to rebut the censure, and it went to court; there is not another agency that would review a censure such as a state agency.

Dr. Fuller inquired if Councilmember A is being censured and his/her/they attorney gets depositions, letters and arrives at a rebuttal, if the attorney can provide it to the Council.

Mr. Cole explained that the Councilmember would not have a right to compel depositions, but the attorney could bring in written evidence, statements, petitions, and documentary evidence, and the Councilmember could have people to speak on his/her/they behalf. He mentioned that the censure proceeding would be like any other meeting here, the best example being land use hearings.

Dr. Fuller inquired if the Council adopts a censure policy if they could require Councilmembers accusations to be submitted under penalty of perjury.

Mr. Cole explained if that is pleasure of the majority of Council to adopt it that way, they could adopt a trial-like procedure. He mentioned there are currently no procedures for Council for swearing-in witnesses. He mentioned sometimes in code enforcement procedures he has seen that done.

Dr. Fuller inquired if they could establish that as a censure policy.

Mr. Cole mentioned in his opinion it would be overkill and unusual to do that, but if the majority of the Council wants to adopt it, they could.

Dr. Fuller inquired if policy is adopted to establish conduct that the Council finds unbecoming, it could then be applied through censure.

Mr. Cole explained that the Council would need to adopt a resolution to reflect the basis for the censure that would have to be published in advance. He mentioned if they were to have free form discussion where other things could be added in, it might be problematic. He mentioned if it is a new matter not in the resolution, unless it is reasonably related to the resolution, it may be outside the scope of the resolution. He mentioned the resolution frames the basis for the censure.

Vice Mayor Shaw mentioned there are governance guidelines that the Council agreed to and said they would abide by and if someone doesn’t adhere to it by making accusations of her of money laundering for example, or accusing other Councilmembers and the former Mayor of facilitating it, she can bring it up here and combat it and then it goes online, but governance guidelines say to do things in an open forum and she cannot make comments online because it could be a Brown Act violation. She inquired at some point she is very frustrated and something, whether it is censure, has to be done, so she is not wasting others time to defend herself at the dais; if it is something that she has to do, she will, but she shouldn’t have to; the Council should 17 have some form of standards. She mentioned she feels like the entire conversation about witnesses and testimony doesn’t scare her; she has her reasons why she wants to hold someone accountable and if she cannot or if censure is the only way, she will have to decide whether she wants to make a motion to see if anyone else wants to move forward with it. She mentioned that their governance training provides that they should respect the decision moving forward regardless of their position and she doesn’t know if that will always happen if the person voting against it is representing the city, for example, as a liaison or a voting member of a committee. She inquired if there is a way to address that without censure. She also inquired if a committee is established with two Councilmembers selected if the committee could determine whether a censure policy is needed before establishing that policy.

Mr. Cole mentioned the Council can read the decision of U.S. Supreme Court case he mentioned earlier through a Google search that provide censure as recourse. He explained that if the Council has appointed a Councilmember to represent the City on a committee or other agency that there is belief that the appointed Councilmember has misrepresented what the majority of the Council would want, the Council has the right to unappoint the Councilmember and can request it as a future agenda item. He mentioned it doesn’t require censure but reasons would need to be provided.

Vice Mayor Shaw mentioned if a recall is requested, it can happen without censure.

Mr. Cole clarified that the Council could unappoint someone if there is a reason, such as there was misrepresentation or the appointee didn’t carry out the Council’s prerogative.

Vice Mayor Shaw mentioned Mr. Cole mentioned a committee would need to be made in his staff report. She inquired if a motion would need to be made to say she wants a committee to look into it or would the motion be for a committee to look into whether the actions would need… Mr. Cole mentioned a Council censure committee could do a report to Council to look into it and report back before deciding whether to proceed.

Dr. Fuller summarized that the best course of action if someone is unhappy with another Councilmember is to contact Mr. Cole.

Mr. Cole explained he would not be involved, staff serve at the pleasure of the Council, not individual Councilmembers. He mentioned staff can meet with Councilmembers and facilitate their duties, but they act as a Council so coming to him with complaints and concerns, unless there is a legal question to address, he can’t make the Council get along. He suggested if they have a problem with someone to talk to them directly and come to him if they think there is a legal issue.

Dr. Fuller mentioned he heard Mr. Cole say to come to him or Mr. McMurray if someone is upset, and inquired if now he is saying for them to have it out on the dais.

Mr. Cole suggested a Councilmember could sit down with that person and discuss, but unless there is a legal dimension to the issue where a line has been crossed, there is no reason to come to him.

Dr. Fuller inquired what is a legal issue in that regard.

Mr. Cole explained that if they reasonably believe there is a legal issue to come to him, but he can’t broker disputes.
18 Dr. Fuller commented if he believes there is a legal issue and it is a private matter and he gets his own attorney, that would be considered good judgment.

Mr. Cole explained that they all have a right to have their own attorney, but he represents the City so if there is an issue involving the City and they want to address the issue, it can be raised with him.

Vice Mayor Shaw commented that she believes the two items are getting confused; Mr. Cole said if Councilmembers believe someone has crossed the line regarding pre-judgment on an item, they can come to him, but not for something like this.

Mr. Cole confirmed that is correct. He explained that if Councilmembers have a reasonable concern there might be a bias issue, they can raise that to him or Mr. McMurray, but if they are not getting along, disagreeing or there are political differences, he is not a person that can help because staff serves the Council as a body, not as individuals.

Dr. Fuller asked Mr. Cole if there is a bias, in his mind, what is a good one.

Mr. Cole requested clarification on “good bias”.

Dr. Fuller explained that he just said if there is a bias, to contact him.

Mayor Williams explained he is referring to bias for CUPs and upcoming land use; these are two different issues.

Dr. Fuller inquired about one Councilmember being upset with another.

Mayor Williams commented that she doesn’t believe it has anything to do with being them upset.

Mr. Cole explained the issue he wants to deal with is bias; he doesn’t care if they are upset about it.

Dr. Fuller commented that he understands that.

Vice Mayor Shaw explained that the issue for her is bringing it to Mr. Cole because they need to protect the City, even if it is the way they want to vote and there is bias out there, they should let him know so they protect the City from future lawsuits, whether they are upset or happy about it so it doesn’t hurt the City in the long run.

Mr. Cole agreed.

7.2 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
Dr. Fuller reported he is happy Councilmember Meadows is Oakley’s MCE representative. He mentioned he is the alternate and received something in the mail that Marin County is taking in a retirement home and storing solar energy into a battery which he thinks would be very cost effective. He mentioned he understand the way it happens now is that power is sent back to 19 PG&E or MCE, whoever is buying it, and they purchase it back; however, if it is stored in a battery, it is available for use or download when not enough energy can be generated.

Councilmember Meadows reported he will be attending the MCE meeting next week, last week he attended the TRANSPLAN meeting, since the last Council meeting he attended the CCTA Planning Committee meeting, and he attended the Oakley Chamber event hosted by Rotary last week.

Vice Mayor Shaw reported she attended the Tri-Delta Transit meeting, had a meeting with a Diablo Water District consultant regarding recycled water, and she also attended the Oakley Chamber meeting.

Mayor Williams reported she attended the Tri-Delta Transit meeting and shared details of that meeting, she had a meeting with a Diablo Water District consultant regarding recycled water, and she attended a Chamber event.
(b) Requests for Future Agendas
Dr. Fuller requested a censure policy. The request was not supported. 8) WORK SESSIONS
9) CLOSED SESSION

9.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
Mayor Williams announced the item. She mentioned the meeting would be adjourned after Closed Session and the next regular meeting will be held Tuesday, February 27, 2024, in the same location.
10) ADJOURN
There being no further business, the meeting was adjourned at 9:55 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
20 MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Date: February 14, 2024
To: Mayor and City Councilmembers
From: Derek P. Cole, City Attorney
CC: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
For Consideration at the City Council Meeting of February 27, 2024 Background and Analysis
The City Council considered the following closed session item during its regular meeting held February 13, 2024:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager
Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.
21 STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 27, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Award of Construction Contract to sofSURFACES for the Daffodil Park Playground Surfacing Project - Capital Improvement Program (CIP) No. 307
Background and Analysis
The City’s adopted FY 2023/24 CIP Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and parks and to enhance the quality of life for our residents.

The mission of the City of Oakley Parks and Landscape Division is to provide clean, safe, well-maintained, inviting, and sustainable parks, landscape areas, and recreation facilities for the enjoyment of Oakley residents and visitors. One of the key elements that helps in achieving these goals is having and keeping playground surfacing in great and safe condition.

Since approximately 70% of all playground injuries nationwide are caused by falls to the ground, protective surfacing is the most critical safety factor on playgrounds.

Obviously, hard surfaces such as asphalt & concrete are unacceptable because they have little to no shock-absorbing characteristics. A fall to any of these hard surfaces could be life threatening. Having a safe and functional playground surface is critical to the operation of any playground.

There are specific standards that are used in the design and construction of playground surfacing to protect the safety of the children who play at these facilities.

These standards are established by the Consumer Product Safety Commission (CPSC) and International Playground Equipment Manufacturers Association (IPEMA).

The Daffodil Park playground surface was installed nearly 15 years ago and is made of some poured-in-place rubber surfacing and some wood mulch. Over the years the poured-in-place rubber surfacing has deteriorated, and numerous patches and repairs have been done to this playground surface. This situation has been aggravated by the wood mulch that keeps getting kicked over the rubber surfacing along with sand that had added to this deterioration. The poured-in-place rubber surfacing safety performance will diminish over time as surface begins to wear out under hot summers and intense sunlight and most importantly loss of its structural integrity and impact attenuation qualities.

Approved and
Forwarded to the
City Council
22 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Staff have been working diligently on a permanent and long-term solution to address the problems with the playground surfaces and have determined that duraSAFE Plus rubber playground tiles from sofSURFACES is the best option for the replacement of existing poured-in-place rubber surfacing in Oakley parks. The duraSAFE Plus rubber playground tiles have the performance that is needed with a lifetime warranty, which is the best in the industry meeting playground and ADA standards and have become the standard in the City of Oakley for playground surfacing.

Staff secured a proposal from sofSURFACES for the replacement of the Daffodil Park Playground Surfacing and the construction of this project is anticipated to start in March with the goal of having this facility ready for the public use and enjoyment before the summer months.

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

Fiscal Impact
The FY 2023/24 CIP budget has allocated funding from the Magnolia Park Lighting and Landscaping Assessment District fund (Zone 3-25) for this project.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the construction proposal for the Daffodil Park Playground Surfacing Project with sofSURFACES for an amount not to exceed $114,156.66 and authorize the City Manager to execute an agreement.

Attachments

1. Resolution

2. sofSURFACES Proposal
23 Resolution No. __-24 Page 1
RESOLUTION NO. __-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING AN AGREEMENT WITH sofSURFACES FOR THE
CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECT NUMBER 307 –

DAFFODIL PARK PLAYGROUND SURFACING PROJECT
WHEREAS, the Daffodil Park playground surface has deteriorated and does not meet playground safety standards which has made it unsafe for the public to use; and
WHEREAS, staff evaluated the site conditions and determined the best approach is to remove the existing rubber playground surface and wood mulch and install new rubber playground tiles; and
WHEREAS, staff discussed the scope of this project with sofSURFACES and after negotiations secured the cost proposal for this project; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Proposal, attached as Exhibit A with sofSURFACES for the Daffodil Park Playground Surfacing Project – CIP 307, be approved for an amount not to exceed $114,156.66, and the City Manager is hereby authorized to execute an Agreement.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 27th of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Anissa Williams, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
24 Quotation
Attn:

Customer:

Jesse de la Cruz
City of Oakley
29-Mar-2023 Quote Q109778-1-TP
3231 Main St.

Oakley, CA 94561
925-625-7015
[email protected]
Address:

City/State:

Phone:

Fax:

E-mail:

Project: City of Oakley - Daffodil Park
Project Contact:

Phone / Fax:

Contact SSI:
800.263.2363 / Fax 519.882.2697
Area No. 1 of 1 - City of Oakley - Daffodil Park (City of Oakley - Daffadil Park ) Unit Qty. Color Description Thickness Drop Ht. Weight List Price Total Weight Total List Unit Cost Installation Site:

Address:

City / State:

Ship To:

Address:

City / State:

Quote Type:

Sub Base Type:

Area (Sq. Ft.):

City of Oakley - Daffadil Park
4162-4110 Freesia Dr.

Oakley, CA 94561
City of Oakley - Daffadil Park
4162-4110 Freesia Dr.

Oakley, CA 94561
DuraSAFE Installed, Direct Buried
Compacted Granular
2983
Each 393 Azure DuraSAFE "Premium" 3.75" 7' 0" 31.89 $69.00 12532.77 $27,117.00 $51.75 Each 394 Sedona DuraSAFE "Premium" 3.75" 7' 0" 31.89 $69.00 12564.66 $27,186.00 $51.75 Each 175 Adhesive - Tile to Tile (tube) 1.65 $11.00 288.75 $1,925.00 $11.00 Each 3 Bostik Greenfusion Adhesive - Tile to Base 56.80 $250.00 170.40 $750.00 $250.00 Each 20 Polyurethane Foam Sealant 1.17 $16.00 23.40 $320.00 $16.00 Area 3431 Rubber Sheeting 0.45 $0.42 1543.95 $1,441.02 $0.42 Quote Q109778-1-TP - City of Oakley - Daffodil Park 3/29/2023 3:20 PM Prepared by: Diego Mina Page: 1 / 6 25 Installation
Prevailing Wage / Fair Wage - $66.06
• Tearout
• Labour Tear out and disposal ~850 sf of existing PIP + removal ~ 2100 sf of EWF and piling onsite • Site Preparation
• Labour
• 1 in. Compacted Fines - Material - Included
• 4 in. Granular A - Material - Included
• Water Access - Included
• Installation
• Labour
• Rubber Sheeting Installation - Included
• Equipment Rental - Bobcat - Included
• Waste Bucket - Included
• Travel - Mobilization - Included
• Security - Included Fencing
• Miscellaneous - Included Installation to be completed by non-union subcontractor SofSURFACES USA.

Quote Q109778-1-TP - City of Oakley - Daffodil Park 3/29/2023 3:20 PM Prepared by: Diego Mina Page: 2 / 6 26 IMPORTANT
This quotation has been priced based on the following realities:

1. At any point during the installation process, sofSURFACES Installation crews, or certified installation crews acting on behalf of sofSURFACES will have complete and uninterrupted access to the site until the construction phase of the project has been completed.

2. sofSURFACES will not be responsible for damages incurred to grounds throughout the installation process (this includes: concrete, grading, grass, gardens and/or plants, flowers etc.). It is understood by both parties that heavy equipment may be required in order to efficiently complete the project or gain access to the site.

3. sofSURFACES will not be held responsible for any ground repair needed and will make every effort to ensure that any property damage to the grounds is kept to a minimum throughout the duration of the project.
(Quoted value is subject to change upon notice of any ancillary costs. Additional costs may include [but are not limited to] required entry fees, special training, certifications, background checks and security clearances not previously identified as required or if the installation needs to be completed during weekend hours, within a very narrow window of time or under restricted special circumstances). A $1,200/day fee will be charged for each day that our installers are on site after the agreed upon start date if the site is not ready for the installation to begin. A site features form, required photos request, completed dimensions verification form and elevation form request will be sent out for completion after the order is placed. These forms must be completed in full and returned no later than 4 business days prior to the scheduled installation start date otherwise the installation may be rescheduled to a later date at the discretion of the Installation Project Manager until said forms have been completed. *****PLEASE NOTE: Should the sub base for your project be Compacted Granular, it MUST meet the following specification: (Type 1) 3/4 minus) compacted to 95% S.P.D. Not "clear" gravel.***** Quote Q109778-1-TP - City of Oakley - Daffodil Park 3/29/2023 3:20 PM Prepared by: Diego Mina Page: 3 / 6 27 X
SIGNED Jesse de la Cruz DATE
Undersigned for City of Oakley accepts the terms and conditions which apply to this quotation.

Quote Q109778-1-TP - City of Oakley - Daffodil Park 3/29/2023 3:20 PM Prepared by: Diego Mina Page: 4 / 6 28 88′ 43′ 9⅞″
Tile Layout - Area Nº 1 - City of Oakley - Daffodil Park (City of Oakley - Daffadil Park ) The material quantities proposed are based on this layout. If the layout is altered, this may influence the quantities needed for a successful installation. Please initial that you understand X and agree.

Area (Sq. Ft.): 2983
Quote Q109778-1-TP - City of Oakley - Daffodil Park 3/29/2023 3:20 PM Prepared by: Diego Mina Page: 5 / 6 29 *Estimated Monthly Payment,
FOR MAILED US PAYMENTS:

Sof Surfaces Inc.

Dept CH 19173
Palatine, IL 60055-9173
FOR COURIERED US PAYMENTS:

Sof Surfaces Inc. - Lockbox 19173
5505 N Cumberland Avenue, STE 307
Chicago, IL 50656-1471
FOR CANADIAN PAYMENTS:

Sof Surfaces Inc.
4393 Discovery Line
Petrolia, ON, N0N 1R0
X
Total List Price: $58,739.02
Discount 25.00% ($13,575.75)
Total (After Third Party Discount): $45,163.27
Installation: $60,541.60
Shipping and Handling Charge: $4,500.00
CA: 6.00% $2,709.80
CCONTRACOSTA: 0.25% $112.90
Total in USD Funds: $114,156.66
Pallets: 12 Weight: 28144
Shipping Options: Need Van, Residential Delivery, Need 48 hr. Notification Sub Total: $110,204.87
Dealer: Peter Druck - Denver, CO
Cost per sq.ft.: $38.27
Jesse de la Cruz DATE
Undersigned for City of Oakley accepts the terms and conditions which apply to this quotation.

SIGNED
Quote valid for 60 days.
$8,458.16 USD
DOAKLEY: 2.50% $1,129.09
duraSAFE® Rubber Playground Tiles were engineered with the use of tile to tile adhesive as part of the installation process. As a result, the duraSAFE warranty revolves around the mandatory use of adhesive for all outdoor projects. Projects which are installed in a manner other than those outlined in sofSURFACES' duraSAFE Installation Procedures" will void the full duraSAFE Warranty.

This proposal reflects a prevailing wage / fair wage rate of $66.06 (including fringe). Should the prevailing wage / fair wage requirement be determined to be higher or lower, a revised proposal will be required.

Upon timely completion of the project, sofSURFACES Inc. shall be entitled to, and shall submit a payment request for, the amount indicated herein. In the event that only substantial completion is accomplished (i.e., the site is usable but not completely finished), sofSURFACES Inc. shall be entitled to, and shall submit a payment request for, up to 95% of the amount indicated herein, allowing for the customer to reserve 5% until completion of the project, upon which time sofSURFACES Inc. shall be entitled to, and shall submit a payment request for, the remaining balance owed. Quoted value is subject to change upon notice of additional associated costs. Additional costs may include (but are not limited to) required entry fees, special training, certifications, background checks and security clearances.
15% Restock fee and shipping for plus tiles. No returns on premium tiles.

The drawings within this quote are based on measurements supplied to sofSURFACES and are not professional engineered drawings. It is the project manager's responsibility (not sofSURFACES or its dealer) to provide sofSURFACES with correct measurements and to ensure that all site specifications and site preparations (including without limitation slopes, ramps, and transition components) are compliant with local building codes, and prepared to sofSURFACES' requirements. *Monthly payment based on minimum 15% down deposit. Final Rate subject to OAC. For more information please contact our Finance Controller at 1-800-263-2363 or [email protected].

Finance Options Available
2 Year Term: Min. Order = $4,419.80 USD
3 Year Term: Min. Order = $3,091.99 USD
1 Year Term: Min. Order = $10,000.00
$25,000.00
$35,000.00
Quote Q109778-1-TP - City of Oakley - Daffodil Park 3/29/2023 3:20 PM Prepared by: Diego Mina Page: 6 / 6 30 STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 27, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director & City Engineer SUBJECT: Approval of Subdivision Improvement Agreement and Final Map for Summer Lake North Subdivision 9307 (Located at the northeast corner of East Cypress Road and Bethel Island Road)
Background and Analysis
On February 13, 2006, the City Council approved the Development Agreement between the City of Oakley and Shea Homes for the Summer Lake Properties development pursuant to Ordinance 02-06 (”Development Agreement between the City of Oakley and Shea Homes for the Summer Lake Properties in the East Cypress Corridor Specific Plan Area”).

On March 13, 2006, the City Council adopted City Council Resolution No. 30-06, certifying the Initial Final EIR (SCH # 2004092011) and City Council Resolution No. 31-06, approving Amendments to the Oakley 2020 General Plan, approving the SP Land Use Designation for the East Cypress Corridor Expansion Area, adopting the East Cypress Corridor Specific Plan, and making Mitigation Findings and adopting a statement of overriding considerations, as required by CEQA.

On March 10, 2009, the City Council adopted City Council Resolution 46-09 certifying the East Cypress Corridor Specific Plan Revised Final EIR, making certain findings concerning environmental impacts and mitigation measures, adopting a mitigation monitoring program, making findings concerning alternatives, and adopting a statement of overriding consideration in connection with the East Cypress Corridor Specific Plan.

On October 25, 2011, the City Council approved the Summer Lake North Subdivision (TM 01-11) Vesting Tentative Map Subdividing 409 acres into 824 residential lots, a 70-acre man-made lake, open space, parks, a commercial area, and other associated improvements, including construction of new levee improvements.

On October 25, 2011, the City Council adopted an ordinance approving this Amendment to the development agreement with Shea Homes to extend the expiration date an additional seven (7) years so that it would expire on February 13, 2025.

Approved and
Forwarded to the
City Council
31 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us On April 23, 2021, the Community Development Director prepared a letter of substantial conformance letter stating that the updated Vesting Tentative Map presented to the city is in substantial conformance to the originally approved Vesting Tentative Map.

On July 27, 2021, Civic Summer Lake North, LLC, acquired the property and filed a request for approval of a Development Agreement Amendment (DA01-21) to modify the existing development agreement by and between the City of Oakley and Encore Oakley, LLC. The Amendment to the Development Agreement with Civic Summer Lake North, LLC extended the expiration date an additional seven (7) years so that it would expire on February 13, 2032.

Summer Lake North is within Planning Area 2 of the East Cypress Corridor Specific Plan Area. The property is located at the northeast corner of East Cypress Road and Bethel Island Road shown in the attached Vicinity Map. Staff have been working with the current developer over several years to bring this project forward. In October 2021, a grading permit was issued for the construction of levee improvements, and the following year the grading permit was issued to begin the rough grading improvements of this development. Civic Summer Lake North, LLC, now requests the City Council to approve the large lot final map for Subdivision 9307 Summer Lake North attached.

In order to satisfy the conditions of approval for this development to construct the necessary public infrastructure, the applicant has requested that the City enter into a Subdivision Improvement Agreement (SIA) to construct the backbone improvements off this development within three years. The Summer Lake North development is a master planned community and will be constructed in several phases. The recordation of this large lot final map is the first final map to be recorded for this subdivision.

Separate final maps will be recorded for future phases within each large lot.

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

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety Goal and Parks and Open Space Goal. The future traffic impact fees to be collected from this development will help fund Capital Improvement Projects within the East Cypress corridor. The development also includes a lake, open space, parks, and a trail system 32 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us that supports our parks and open space goal to attract the many interests of our diverse residents and visitors while providing access for all.

Fiscal Impact
There is no fiscal impact associated with this action. The public improvements required for this development will be constructed by the developer.

Staff Recommendation
Staff recommends that the City Council adopt the Resolutions authorizing the City Manager to execute the Subdivision Improvement Agreement and approve the Final Map for Subdivision 9307 Summer Lake North.

Attachments

1. Vicinity Map

2. Resolution Approving the Final Map titled Subdivision 9307 Summer Lake North

3. Resolution Approving the Subdivision Improvement Agreement

4. Subdivision Improvement Agreement

5. Reduction of Subdivision 9307 Summer Lake North Final Map 33 34
RESOLUTION NO. __-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE FINAL MAP OF SUBDIVISION 9307 SUMMER LAKE

NORTH SUBDIVISION
WHEREAS, On October 25, 2011, the City Council approved the Summer Lake North Subdivision 9307 (TM 01-11) Vesting Tentative Map Subdividing 409 acres into 824 residential lots, a 70-acre man-made lake, open space, parks, a commercial area, and other associated improvements, including construction of levee improvements; and,
WHEREAS, On April 23, 2021, the Community Development Director prepared a letter of substantial conformance letter stating that the updated Vesting Tentative Map presented to the city is in substantial conformance to the originally approved Vesting Tentative Map; and,
WHEREAS, On July 27, 2021, Civic Summer Lake North, LLC acquired the property and filed a request for approval of a Development Agreement Amendment (DA01-21) to modify the existing development agreement to extend the expiration date an additional seven (7) years so that it would expire on February 13, 2032; and;
WHEREAS, the City Engineer has determined that the conditions of approval for the recordation of this final map have been satisfied; and WHEREAS, the City Surveyor has determined that the final map attached hereon as Exhibit A is technically correct.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the final map labeled “Subdivision 9307 Summer Lake North”, as prepared by Carlson, Barbee, & Gibson, Inc. be approved.

PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 27th day of February 2024 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_________________________
Anissa Williams, Mayor
35 ATTEST:
_______________________
Libby Vreonis, City Clerk Date
36 Resolution No. __-24 Page 1
RESOLUTION NO. __-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT WITH CIVIC SUMMER LAKE NORTH, LLC, FOR SUBDIVISION 9307 SUMMER LAKE

NORTH AND AUTHORIZING THE CITY MANAGER TO SIGN THE

AGREEMENT
WHEREAS, the City Council of the City of Oakley, California, wishes to enter into a Subdivision Improvement Agreement with Civic Summer Lake North, LLC, for the development of a residential subdivision known as Subdivision 9307 Summer Lake North; and
WHEREAS, this agreement will require the developer to complete $4,141,000 for the Phase 1 Backbone Improvements and $1,474,000 for the Phase 2 Backbone Improvements, in accordance with the project conditions of approval and City standard construction design.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oakley that the Subdivision Improvement Agreement with Civic Summer Lake North, LLC, is hereby approved and the City Manager is hereby authorized to execute the Subdivision Improvement Agreement for the development of Subdivision 9307 Summer Lake North in the form attached hereto as Exhibit A is made part of this resolution.

PASSED AND ADOPTED by the City Council of the City of Oakley, California, this 27th day of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

_______________________
ATTEST: Anissa Williams, Mayor
______
Libby Vreonis, City Clerk Date
37

CITY OF OAKLEY

SUBDIVISION IMPROVEMENT AGREEMENT
SUBDIVISION 9307
This agreement is made and entered into this 27th day of February 2024 by and between the City of Oakley, a municipal corporation, hereinafter referred to as "CITY", and Civic Summer Lake North, LLC, a Delaware limited liability company, hereinafter referred to as "DEVELOPER".

R E C I T A L S
WHEREAS, it has been determined by the City Council of the City of Oakley, State of California, that DEVELOPER, the subdivider of Subdivision 9307, desires to improve and dedicate those public improvements (hereafter “The Improvements”) required by the conditions of approval for the project as adopted by the City of Oakley City Council via Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, in accordance with the requirements and conditions set forth in approvals, the requirements of the Subdivision Map Act of the State of California, and those certain plans and specifications for said development approved by CITY and titled “Summer Lake North - Phase 1 Backbone Improvement Plans Subdivision 9307” and “Summer Lake North – Phase 2 Backbone Improvement Plans Subdivision 9307” prepared by Carlson, Barbee, and Gibson, Inc., now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, DEVELOPER and CITY acknowledge that not all conditions of approval (“COA”) contained in Resolution Number 116-11, and further affirmed with the substantial conformance letter from City dated April 23, 2021, have been satisfied, but nevertheless, DEVELOPER desires to file a final map. The satisfaction of all COA are the subject of this Agreement. DEVELOPER’s agreement to satisfy all COA, unless mutually agreeable modifications are approved by City at a later date, and construct the Improvements identified in the aforementioned COA is a material part of the consideration for this Agreement; and
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement:

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

1. Improvements.

DEVELOPER agrees to install the road improvements (both public and private), sewer and drainage improvements, signs, street lights, fire hydrants, landscaping, and 38

such other improvements (including appurtenant equipment) as required as conditions of approval of Tentative Map 9307 as set forth in Exhibit A to this Agreement, which is incorporated herein as if set forth at this point, or as otherwise required in the subdivision ordinance. In the event that any provision of this Agreement conflicts with the provisions of Exhibit A the provisions of Exhibit A shall prevail to the extent that the conflicting provision in Exhibit A requires a greater or more extensive improvement or expenditure, or to the extent that that provision extends DEVELOPER’s obligations over a greater period of time than the specific provision set forth herein. Such improvements shall also be made in conformance with the City of Oakley Municipal Code and Contra Costa County Ordinance Code as adopted and enforced by the City of Oakley.

DEVELOPER will commence construction of The Improvements within 30 days following the date on which CITY executes this Agreement. DEVELOPER shall complete said work not later than 36 months following said date of execution in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the City of Oakley Municipal Code and Contra Costa County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the City Municipal Code or County Ordinance Code, the stricter requirements shall govern. It is understood that the City of Oakley was incorporated effective July 1, 1999, and as such continues to rely on certain laws, ordinances and design standards of the County of Contra Costa. References herein to the County Code or County Ordinance Code are understood to refer to such ordinances and codes as if adopted by the City of Oakley.

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

2. Estimated Cost of Improvements for Bonding Purposes.

The estimated cost of constructing The Improvements required by this Agreement as adjusted for inflation is agreed to be $4,141,000 for Phase 1 Backbone and $1,474,000 for Phase 2 Backbone. Said amounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured, as set forth in Exhibit B.
39

3. Bonds Furnished.

Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in the forms specified in Government Code sections 66499.1 and 66499.2 or in a form satisfactory to the CITY Attorney if different from said Government Code forms:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to fifty percent (50%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor.

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

4. Prevailing Wage.

To the extent required by Labor Code Section 1720, DEVELOPER and its contractors shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for construction of the Improvements required by this Agreement. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute the work required by this Agreement from the Director of the Department of Industrial Relations and on its website at http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm. These rates are on file with the City Engineer. Copies may be obtained at cost at the City Engineer’s office, City of Davis. DEVELOPER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. DEVELOPER shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.

5. Insurance Required.
40

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

All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

6. Work Performance and Guarantee.

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

In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair, including all administrative costs incurred by the City to administer such repair(s).

Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either 41

temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.

7. Inspection of the Work.

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

8. Agreement Assignment.

This Agreement shall not be assigned by DEVELOPER without the written consent of CITY, which consent shall not be unreasonably withheld.

9. Abandonment of Work.

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

If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, after notice and an opportunity to cure, which notice shall give no fewer than ten (10) business days to address any claim of default, the CITY through its Public Works Director may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER.

In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant 42

and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor.

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

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

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

David B. Sanson and Trent Sanson
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
With a copy to:

Dana Tsubota
Civic Summer Lake North, LLC
1500 Willow Pass Court
Concord, CA 94520
Notices required to be given surety of DEVELOPER shall be addressed as follows:

Attn:

Company Name
Address
City, State, Zipcode
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

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

10. Use of Streets or Improvements.

At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner 43

to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety.

11. Safety Devices.

DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property.

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

12. Acceptance of Work.

Upon notice of the completion of the work covered by this agreement and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or its designated agents of such acceptance.

13. Patent and Copyright Costs.

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

14. Alterations in Plans and Specifications.

Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California.

15. Liability.
44

a. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and hold harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows:

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

2. That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such
damages or claims for damages.
b. Design Defect. If, in the reasonable opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the reasonable opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said
design defect at his sole cost and expense.
c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs.

16. Recitals.
45

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

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

CITY OF OAKLEY
By:
___________________
Joshua McMurray
Interim City Manager

APPROVED AS TO
FORM:

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

DEVELOPER
By:___________________________
Exhibits: Exhibit A – City of Oakley, City Council, Resolution 116-11 & Substantial Conformance Letter
Exhibit B – Engineer’s Estimate
Exhibit C - Insurance Requirements
Exhibit D - Verification of Required Insurance
46

EXHIBIT A
(RESOLUTION 116-11 & Substantial Conformance Letter)
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67 CITY COUNCIL
Sue Higgins, Mayor
Randy Pope, Vice Mayor
Aaron Meadows
Anissa Williams
George Fuller

CITY HALL
3231 Main Street
Oakley, CA 94561
925.625.7000 tel
925.625.9859 fax
www.ci.oakley.ca.us
April 23, 2021
Glen Martin, President
Danville Development and Real Estate
1600 S. Main Street, #380
Walnut Creek, CA 94596
SUBJECT:  Summer Lake North Conformance Exhibit Consistency with Approved Entitlement (Summer Lake North Vesting Tentative Map 9307 (TM 01‐11)) Dear Mr. Martin:

Thank you for submitting your request for City concurrence on the consistency of the updated Conformance Exhibit (Exhibit) dated February 17, 2021 with the approved entitlement associated with the Summer Lake North Vesting Tentative Map 9307 (TM 01‐11).  Staff has reviewed your request and finds the Exhibit to be consistent with the approved entitlement and any final subdivision map(s) that are consistent with the Exhibit would also be in substantial conformance with the Vesting Tentative Map identified above.  In summary, the updates will provide for a master planned community with greater connectivity, while staying within the current density limits of the approved Vesting Tentative Map and increasing open space and park acreage, all while maintaining the same road circulation with slight exceptions.

If you have any questions regarding this letter, please contact me at (925) 625‐7004 or by email at [email protected].

Sincerely,
Joshua McMurray
Community and Economic Development Director
Attachments:  Conformance Exhibit dated February 17, 2021 C:  Bryan Montgomery, City Manager
Kevin Rohani, City Engineer
Ken Strelo, Principal Planner
Billilee Saengchalern. Principal Engineer
Dave Sanson, De Nova Homes, Inc.

Trent Sanson, De Nova Homes, Inc.

Dana Tsubota, De Nova Homes, Inc.
68 PARCEL U
(OPEN SPACE) BETHEL ISLAND ROAD

CYPRESS ROAD

SANDMOUND BOULEVARD

SANDMOUND BOULEVARD

EXISTING LEVEE EXISTING
LEVEE
LEVEE

LEVEE LEVEE
SUMMER
DRIVE
LAKE
E. SUMMER LAKE DRIVE

CYPRESS ROAD

PATHFINDER COURT

TALARIA DRIVE
MA N
R
E S A
S
H
O R E

L A N E

PARCEL C BETHEL ISLAND ROAD

PARCEL N
(SS PUMP STATION)

PARCEL V
(SS PUMP STATION)

PARCEL M
(SD PUMP STATION)
'B STREET

PARCEL BB
(AGRICULTURE

LIMITED)

PARCEL AA
(AGRICULTURE

LIMITED)

PARCEL Z
(LIGHT INDUSTRIAL)

PARCEL Y
(LIGHT INDUSTRIAL)

PARCEL S
(COMMERCIAL)

PARCEL P
(PARK)

PARCEL O
(WETLAND)

PARCEL L
(SCHOOL)

PARCEL K
(PARK)

PARCEL J
(LAKE)

PARCEL B PARCEL A

PARCEL F
(WETLAND)

WETLAND

PARCEL B
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'B' STREET

PARCEL X 'B' STREET
'C' STREET
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490
491 492 493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510 511
512
513
514
515 516 517 518 519 520 521 522 523 524 525 526 527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553 554 555 556 557 558 559 560
561 562 563 564 565 566 567
574 573 572 571 570 569 568
575
576 577 578 579 580 581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597 598 599
600
601
602
603
604
605
606
607
608
609
610
611
612
613 614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658 659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
691
690
689
688
687
686
685
684
683
682
681
680
679
692
693
694
695
696
701
700
699
698
697
702
703
704
705
706
707
708
710
709
711
712
713
716
715
714
717
718
719
720
721
722 723 724 725 726 727 728 729 730
731
732
733
734
735
736
737
738
739
740
741
742 743
744
745
746
748 747
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785 786
787
788
795
794
793 792
791
790
789
796
797
798
799
800
801
802
803
804
805
806 807
808
809 810 811 812 813 814 815
816
817
823
(S
UMMER
LAKE
DRIVE)
'A ' STRE
T
(E. SUMMER LAKE DRIVE)
'B STREET
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(E. SUM
ER
LAKE
DRIVE)
'E' STREET
'D' STREET
'F' COURT 'G' STREET 'H' STREET
'I' STREET
'J' STREET
'K' STREET
'L' STREET 'M' STREET 'N' STREET
'N' STREET
'O' COURT
'Q' STREET 'R' STREET 'S' STREET
'T' STREET
'U' STREET
'V' STREET 'W' STREET 'Q' STREET
'X' STREET
'Y' STREET
'Z' STREET 'BB' STREET
'AA' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET 'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET 'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET 'WW' STREET
'XX' STREET
'PP' STREET 'QQ' STREET 'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT
'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET 'GGG' STREET PARCEL D (OPEN SPACE)

PARCEL E
(PARK)

PARCEL G
(PARK)

PARCEL H
(OPEN SPACE)

PARCEL I
(OPEN SPACE)

PARCEL Q (PARK)

PARCEL R
(PARK)

PARCEL U

PARCEL T (OPEN SPACE)

PARCEL W
(PARK)
'HHH' STREET 'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
'SSS' STREET
'GGG' COURT
'H' COURT
LEVEE

PARCEL B
N1
N5
N4
N6
N3
N3
N5
N2
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_01.DWG
SUBDIVISION 9307

SUMMER LAKE NORTH

CONFORMANCE EXHIBIT

OVERALL SITE PLAN

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 200' DATE: FEBRUARY 17, 2021

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
0 200 400 600

OF SHEET
SHEET NO.
1 5

CONTACTS

GENERAL NOTES

VICINITY MAP
LEGEND
581

EXISTING PROPOSED

ABBREVIATIONS

TYPICAL PARK / LAKE SECTION

TYPICAL LEVEE SECTION

LAND USE SUMMARY
LAND USE AREA (AC±)

OVERALL LOTTING SUMMARY

NEIGHBORHOOD

LOT TYPE
(TYP.)

NUMBER OF
LOTS

LOT NUMBER
RANGE
AREA
(AC±)

AVG LOT
SIZE (SF±)

MIN LOT
SIZE (SF±)

MAX LOT
SIZE (SF±)

SHEET INDEX
SHEET NO. SHEET DESCRIPTION
69 SANDMOUND BOULEVARD

LEVEE LEVEE BETHEL ISLAND ROAD LEVEE LEVEE
1 2
5 4
1 3

PARCEL B

PARCEL B
822
824 'B' STREET
'C' STREET
168
169
170
255
257 258 259 260 261 262 263
269 268 267 266 265 264
270
271
272
273
274
275
276
277
278
279
280
281
282
290 289 288 287 286 285 284 283
291 292 293 294 295 296 297 298
306 305 304 303 302 301 300 299
307 308 309 310 311 312 313 314
322 321 320 319 318 317 316 315
323 324 325 326 327 328 329 330
331
332
333
334
335
336
337
338
339
340
341
342
343
345
347
357
362
379 384 399 402
416
459 460 461 462 463 464 465 466 467 468 469 470
471
472
473 474
823
(E. SUMMER LAKE DRIVE)
'V' STREET 'W' STREET 'Q' STREET
'X' STREET
'Y' STREET
'Z' STREET 'BB' STREET
'AA' STREET
'CC' STREET
'DD' STREET
'DD' STREET 'MM' STREET

PARCEL G
(PARK)

PARCEL H
(OPEN SPACE) PARCEL B

PARCEL B PARCEL A
344 PARCEL A
LEVEE
LEVEE
4 3 LEVEE ACCESS ROAD LEVEE ACCESS ROAD

LEVEE ACCESS ROAD

LEVEE ACCESS ROAD

LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307

SUMMER LAKE NORTH

CONFORMANCE EXHIBIT

LOTTING PLAN

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300

OF SHEET
SHEET NO.
2 5

KEY MAP

LOOP ROAD LOCAL STREET

FUTURE BETHEL ISLAND ROAD

SHEET LOCATION

EXISTING EASEMENTS
1 2
3 4
5 6
SEE SHEET 3 SEE SHEET 4 'MM' STREET
'LL' STREET
'JJ' STREET

PROJECT COLLECTOR ROAD

SANDMOUND BOULEVARD
70 BETHEL ISLAND ROAD

CYPRESS ROAD LEVEE EXISTING
LEVEE

CYPRESS ROAD

CYPRESS ROAD

SUMMER LAKE DRIVE
MANRE
S
A
S
H
OR
E
LA

TALARIA DRIVE
2 4
6 1
6 6
8 9

PARCEL N
(SS PUMP STATION) PARCEL A

PARCEL M
(SD PUMP STATION) LEVEE

CYPRESS ROAD LEVEE ACCESS ROAD

LEVEE ACCESS ROAD LEVEE ACCESS ROAD BETHEL ISLAND ROAD

PARCEL C
'B' STREET

PARCEL S
(COMMERCIAL)

PARCEL J
(LAKE)

PARCEL F
(WETLAND)
49 48
47 46
45 44
43 42
41 40
39 38
37 36
35 34
33 32
31 30
29 28
27 26
25 24
23 22
51 1 2 3 4 5 6
7 8
9 10
11 12
13 14
15 16 17
18 19
20 21
50 52
53 57
55 54
56 62
61 60
59 58
64 65
66 67
68 63
69 70 71
72 73
74 75
76 77
78 79 80
81 82 83
84 85
88 89
90 91
92 93
94 95
96 97
98 99
102
103 104 105 106
87 86
100 101
111
110
109
108
107
112
114
115
116
117
118
113
119
121
122
123
124
125
120
126
127
128
129 130 131
132
133
134
135
136
137
138
139 140
141
142
143 144
145
146
147
148 149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182 183 184 185 186 187 188 189
190
191
192
193
194 195 196 197 198 199 200 201
211 210 209 208 207 206 205 204 203 202
212 213 214 215 216 217 218 219 220 221
231 230 229 228 227 226 225 224 223 222
232 233 234 235 236 237 238 239 240 241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257 258 259 260 261 262 263 345
346
347
348
349
350
351
352
353 354
355
356
357
362
363
364
365
366
367 368 369
370 371 372 373
374
375
376
377
379 384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399 402
403
404
405
416
459 460 461 462 463 464 465 466 467 468 469 470 471
472
473 474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492 493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516 517 518 519 520 521 522 523 524 525 526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
574
573 572 571 570 569
568
575
576
577
578 579 580
581
597
598
599
600
601
602
603
604
667
668
669
670
671
672
673
674
675
676
677
678
685
684
683
682
681
680
679
( S
U
M
M
E
R LA
K
E
D
R I V
E )
' A ' STREET
(
E . SUM
ER
LAKE

DR I VE )
'E' STREET
'D' STREET
'F' COURT 'G' STREET 'H' STREET
'I' STREET
'J' STREET
'K' STREET
'L' STREET 'M' STREET 'N' STREET
'N' STREET
'O' COURT
'Q' STREET 'R' STREET 'S' STREET
'T' STREET
'U' STREET
'V' STREET 'W' STREET
'CC' STREET
'DD' STREET
'DD' STREET
'FF' STREET
'FF' STREET
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'UU' STREET
'VV' STREET
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'DDD' COURT

PARCEL D (OPEN SPACE)

PARCEL E
(PARK)

PARCEL G
(PARK)

PARCEL Q
(PARK)

PARCEL T
(OPEN SPACE)

PARCEL J
(LAKE)
495
'H' COURT
3 7
7 1
346

LEVEE ACCESS ROAD
5 G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307

SUMMER LAKE NORTH

CONFORMANCE EXHIBIT

LOTTING PLAN

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300

OF SHEET
SHEET NO.
3 5
SEE SHEET 5

KEY MAP

LOOP ROAD

LOCAL STREET

SHEET LOCATION

EXISTING EASEMENTS
1 2
4 5
6 7
8 9
SEE SHEET 4
SEE SHEET 2
'DD' STREET SEE SHEET 4

PARCEL L
(SCHOOL)
3 FUTURE BETHEL ISLAND ROAD
71 PARCEL M
(SD PUMP STATION)
LEVEE
4 1
2 PARCEL N
(SS PUMP STATION)

PARCEL L
(SCHOOL)

PARCEL K
(PARK)

LEVEE ACCESS ROAD
'B' STREET

PARCEL Y
(LIGHT INDUSTRIAL)

PARCEL P
(PARK)

PARCEL O
(WETLAND)

PARCEL J
(LAKE)

PARCEL B 'B' STREET
132
133
134
135
136
137
150
151
152
153
154
155
156
157
158
159
168
169
170
171
172
173
174
175
176
177
178
179
180
181
339
340
341
344
345
347
348
349
350
351
352
353 354
355
356
357
358 359 360
361
362
363
364
365
366
367 368 369 370 371 372 373
374
375
376
377
378
379 380 381 382
383
384
385
386
387 388
389
390
391
392 393 394 395
396
397
398
399
400 401
402
403
404
405
413
414
415
406 407 408 409 410 411 412
416 417 418
419
420
421 422
423
424
425
426
427
428
429
430 431 432 433
434
435
436
437
438
439
440
441
442
443
444 445 446 447 448 449 450 451 452 453
455 454
457 456 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472
473 474
475
476
477
478
479
480
481
482
483
495
496
497
533
538
539
540
541
542
543
544
545
546
547
548
549
574
573 572 571 570 569
575
576
577
578 579 580
657
658
659
660
661
662
663
664
665
666
691
763
764
765
766
767
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
806 807 808 809 810 811 812 813 814 815
816
817
' A ' STRE
T
(E. SUMMER LAKE DRIVE)
(E. SUMMER LAKE DRIVE)
(
E . SUM
ER
LAKE

DR I VE )
'N' STREET
'CC' STREET 'DD' STREET
'DD' STREET
'DD' STREET
'EE' STREET
'FF' STREET
'FF' STREET
'FF' STREET
'GG' STREET
'HH' COURT
'II' STREET
'JJ' STREET
'KK' COURT
'LL' STREET 'MM' STREET
'P' STREET
'NN' STREET
'OO' STREET
'PP' STREET
'QQ' STREET
'RR' STREET
'TT' STREET 'AAA' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT
346
495
'SSS' STREET
LEVEE

PARCEL B

LEVEE ACCESS ROAD

PARCEL I
(OPEN SPSACE)
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307

SUMMER LAKE NORTH

CONFORMANCE EXHIBIT

LOTTING PLAN

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300

OF SHEET
SHEET NO.
4 5 SEE SHEET 3

KEY MAP

LOOP ROAD

LOCAL STREET

SHEET LOCATION

EXISTING EASEMENTS
1 2
SEE SHEET 5
SEE SHEET 2
'ZZ' STREET
'BBB' COURT
72 CYPRESS ROAD

SANDMOUND BOULEVARD

EXISTING LEVEE
LEVEE

CYPRESS ROAD

PATHFINDER COURT

TALARIA DRIVE
2 3
4 5
6 7
8 9
10 11
12 14
13 15
16 818
819
820 821

PARCEL N
(SS PUMP STATION)

PARCEL Z
(LIGHT INDUSTRIAL)

PARCEL L
(SCHOOL)

PARCEL K
(PARK)
'B' STREET
LEVEE

LEVEE ACCESS ROAD

LEVEE ACCESS ROAD

PARCEL X PRIVATE DRIVEWAY
(E. SUMMER LAKE DRIVE)
E . SUM
ER
LAKE

DR I VE

PARCEL U
(OPEN SPACE)
'B' STREET

PARCEL BB
(AGRICULTURE

LIMITED)

PARCEL AA
(AGRICULTURE

LIMITED)

PARCEL Y
(LIGHT INDUSTRIAL)

PARCEL P
(PARK)

PARCEL O
(WETLAND)

WETLAND
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
558
559
560
562
563
572 571 570 569
577
578 579 580
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613 614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
691
690
689
688
687
686
685
684
683
682
681
680
679
692
693
694
695
696
701
700
699
698
697
702
703
704
705
706
707
708
710
709
711
712
713
716
715
714
717
718
719
720
721
722 723 724 725 726 727 728 729 730
731
732
733
734
735
736
737
738
739
740
741
742 743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772 773 774
775
776
777
778
779
780
781
782
783 784 785 786 787
788
795 794 793 792
791
790
789
796
797
798
799
800
801
802
803
804
805
806 807 808 809 810 811 812 813 814 815
816
817
(E. SUMMER LAKE DRIVE)
'WW' STREET
'XX' STREET
'PP' STREET
'QQ' STREET
'SS' STREET
'TT' STREET
'YY' STREET
'ZZ' STREET
'AAA' STREET
'BBB' COURT 'CCC' COURT
'DDD' COURT
'EEE' COURT
'FFF' STREET
'GGG' STREET

PARCEL Q (PARK)

PARCEL R
(PARK)

PARCEL U

PARCEL T
(OPEN SPACE)

PARCEL W
(PARK)
'HHH' STREET
'III' STREET
'JJJ' STREET
'LLL' STREET 'NNN' COURT
'MMM' STREET
'OOO' STREET
'PPP' STREET
'QQQ' STREET
'JJJ' STREET
'RRR' COURT

PARCEL V
(SS PUMP STATION)
495
494
'SSS' STREET
MANR
E
SA
SHORE
LANE
'GGG' COURT

PARCEL B

PARCEL B EXISTING LEVEE
1 1 PRIVATE DRIVEWAY
G:\1292-032\ACAD\CONFORMANCE EXHIBITS\CONFORM_02-05.DWG SUBDIVISION 9307

SUMMER LAKE NORTH

CONFORMANCE EXHIBIT

LOTTING PLAN

CITY OF OAKLEY CONTRA COSTA COUNTY CALIFORNIA
SCALE: 1" = 100' DATE: FEBRUARY 17, 2021

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

SACRAMENTO
(925) 866-0322
(916) 375-1877
0 100 200 300

OF SHEET
SHEET NO.
5 5
SEE SHEET 3

KEY MAP

LOOP ROAD

LOCAL STREET

SHEET LOCATION

EXISTING EASEMENTS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16

LEVEE ACCESS ROAD
SEE SHEET 4

CYPRESS ROAD
73

EXHIBIT B
74 ENGINEER'S BOND ESTIMATE February 12, 2024
PHASE 1 BACKBONE IMPROVEMENTS Job No.: 1292-100

SUMMER LAKE NORTH
SUBDIVISION 9307

CITY OF OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount

STREET IMPROVEMENTS
1 Conform to Existing Pavement (Assume 10') 700 SF $ 4 $ 2,800 2 3.5" Asphalt Concrete 210,100 SF $ 1.58 $ 331,958
3 9" Aggregate Base 210,100 SF $ 1.62 $ 340,362
4 6" Concrete Pavement (At Roundabout) 2,815 SF $ 8.00 $ 22,520 5 6" Aggregate Base (At Roundabout) 2,815 SF $ 1.08 $ 3,040 6 6" Vertical Curb and Gutter 11,560 LF $ 23 $ 265,880
7 6" Vertical Curb (At Roundabout) 160 LF $ 22 $ 3,520
8 4.5" Beveled Curb and Gutter (At Roundabout) 250 LF $ 23 $ 5,750 9 8" Median Curb (At Roundabout Islands) 380 LF $ 18 $ 6,840 10 Sidewalk 67,900 SF $ 4.50 $ 305,550
11 3" Decomposed Granite 22,500 SF $ 0.90 $ 20,250
12 Curb Ramp 30 EA $ 1,500 $ 45,000
13 Driveway Approach (At Proposed SS and SD Pump Station and at Ex ISD Pump Station)
230 SF $ 8 $ 1,840
14 Striping (Centerline, Crosswalk, Stop Bars & Traffic Signs) 6,300 LF $ 2.25 $ 14,175 15 Survey Monuments 21 EA $ 650 $ 13,650
Subtotal Street Improvements $ 1,383,135

DRAINAGE IMPROVEMENTS
16 18" N-12 WT HDPE 1,744 LF $ 55 $ 95,920
17 24" N-12 WT HDPE 685 LF $ 70 $ 47,950
18 30" N-12 WT HDPE 58 LF $ 82 $ 4,756
19 36" N-12 WT HDPE 1,657 LF $ 97 $ 160,729
20 48" N-12 WT HDPE 1,832 LF $ 150 $ 274,800
21 60" N-12 WT HDPE 1,309 LF $ 210 $ 274,890
22 24" C-900 DR 32.5 (Force Main pipe) 1,890 LF $ 90 $ 170,100 23 Catch Basin (Type I Inlet) 38 EA $ 3,000 $ 114,000
24 Catch Basin (Type A Inlet) 31 EA $ 5,000 $ 155,000
25 Field Inlet (Type II Inlet) 3 EA $ 3,000 $ 9,000
26 Field Inlet (Type C Inlet) 7 EA $ 5,000 $ 35,000
27 SD Manhole (Standard Manhole) 1 EA $ 4,500 $ 4,500
28 SD Manhole (Type II) 2 EA $ 5,000 $ 10,000
29 SD Manhole (Type III) 3 EA $ 6,000 $ 18,000
Subtotal Drainage Improvements $ 1,374,645
P:\1200 - 1299\1292-100\Estimates\Bond\City\Phase 1\Bond 1_SLN BB-PH1_City_004.xlsx\CITY Page 1 of 2 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com

CIVIL ENGINEERS I SURVEYORS I PLANNERS
75 Item Description Quantity Unit Unit Price Amount

WELL WATER
30 8" C-900 PVC 2,784 LF $ 50 $ 139,200
Subtotal Well Water $ 139,200

ELECTRICAL IMPROVEMENTS
31 Streetlight 33 EA $ 4,500 $ 148,500
32 Electrolier Pull Box 33 EA $ 100 $ 3,300
33 Underground Electric and Service
(To Pump Stations & Irrigation Pedestals)
2 EA $ 5,000 $ 10,000
Subtotal Electrical Improvements $ 161,800

LANDSCAPE
34 Streetscape Landscaping 5,850 LF $ 14 $ 81,900
Subtotal Landscape $ 81,900

MISCELLANEOUS
35 Storm Drain Pump Station 1 EA $ 624,000 $ 624,000
Subtotal Miscellaneous $ 624,000
SUBTOTAL PHASE 1 BACKBONE IMPROVEMENTS CONSTRUCTION COST $ 3,764,680 10% CONTINGENCY $ 376,468
TOTAL PHASE 1 BACKBONE IMPROVEMENTS CONSTRUCTION COST $ 4,141,000 (to the nearest $1,000)
Notes :
1 2
3 This estimate is based on the Summer Lake North Phase 1 Backbone Improvement Plans dated 01/26/2023. The Improvement Plans are subject to final design and approval.

This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen conditions or changes required by governing agencies.

This estimate excludes all associated Agency fees and costs.

P:\1200 - 1299\1292-100\Estimates\Bond\City\Phase 1\Bond 1_SLN BB-PH1_City_004.xlsx\CITY Page 2 of 2 76 ENGINEER'S BOND ESTIMATE February 12, 2024
PHASE 2 BACKBONE IMPROVEMENTS Job No.: 1292-100

SUMMER LAKE NORTH
SUBDIVISION 9307

CITY OF OAKLEY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount

STREET IMPROVEMENTS
1 Conform to Existing Pavement (Assume 10') 870 SF $ 4 $ 3,480 2 4.5" Asphalt Concrete 102,100 SF $ 2.03 $ 207,263
3 12" Aggregate Base 102,100 SF $ 2.25 $ 229,725
4 6" Concrete Pavement (At Roundabout) 2,820 SF $ 8.00 $ 22,560 5 6" Aggregate Base (At Roundabout) 2,820 SF $ 1.08 $ 3,046 6 Pavement Sealant (Fog) 102,100 SF $ 0.02 $ 2,042
7 6" Vertical Curb and Gutter 5,375 LF $ 23 $ 123,625
8 6" Vertical Curb (At Roundabout) 160 LF $ 22 $ 3,520
9 4.5" Beveled Curb and Gutter (At Roundabout) 245 LF $ 23 $ 5,635 10 8" Median Curb (At Roundabout Islands) 2,340 LF $ 18 $ 42,120 11 Sidewalk 33,900 SF $ 4.50 $ 152,550
12 3" Decomposed Granite 5,680 SF $ 0.90 $ 5,112
13 Curb Ramp 14 EA $ 1,500 $ 21,000
14 Striping (Centerline, Crosswalk, Stop Bars & Traffic Signs) 2,900 LF $ 2.25 $ 6,525 15 Survey Monuments 2 EA $ 650 $ 1,300
16 Temporary Barricade 5 EA $ 1,500 $ 7,500
Subtotal Street Improvements $ 837,003

DRAINAGE IMPROVEMENTS
17 18" N-12 WT HDPE 495 LF $ 55 $ 27,225
18 36" N-12 WT HDPE 62 LF $ 97 $ 6,014
19 48" N-12 WT HDPE 1,732 LF $ 150 $ 259,800
20 Catch Basin (Type I Inlet) 10 EA $ 3,000 $ 30,000
21 Catch Basin (Type A Inlet) 9 EA $ 5,000 $ 45,000
22 SD Manhole (Type III) 5 EA $ 6,000 $ 30,000
Subtotal Drainage Improvements $ 398,039
P:\1200 - 1299\1292-100\Estimates\Bond\City\Phase 2\Bond 1_SLN BB-PH2_City_003.xlsx\CITY Page 1 of 2 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com

CIVIL ENGINEERS I SURVEYORS I PLANNERS
77 Item Description Quantity Unit Unit Price Amount

ELECTRICAL IMPROVEMENTS
23 Streetlight 14 EA $ 4,500 $ 63,000
24 Electrolier Pull Box 14 EA $ 100 $ 1,400
Subtotal Electrical Improvements $ 64,400

LANDSCAPE
25 Streetscape Landscaping 2,900 LF $ 14 $ 40,600
Subtotal Landscape $ 40,600
SUBTOTAL PHASE 2 BACKBONE IMPROVEMENTS CONSTRUCTION COST $ 1,340,042 10% CONTINGENCY $ 134,004
TOTAL PHASE 2 BACKBONE IMPROVEMENTS CONSTRUCTION COST $ 1,474,000 (to the nearest $1,000)
Notes:
1 2
3 This estimate is based on the Summer Lake North Phase 2 Backbone Improvement Plans dated 04/28/2023. The Improvement Plans are subject to final design and approval.

This estimate is based on information available at this time and this office assumes no liability for changes in prices due to unforeseen conditions or changes required by governing agencies.

This estimate excludes all associated Agency fees and costs.

P:\1200 - 1299\1292-100\Estimates\Bond\City\Phase 2\Bond 1_SLN BB-PH2_City_003.xlsx\CITY Page 2 of 2 78

EXHIBIT C

INSURANCE REQUIREMENTS

CONSTRUCTION CONTRACTS

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

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

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

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

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

5. Surety Bonds as described below.

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

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

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

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
79

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

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

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

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

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

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mod exclusion, and the definition of Pollution shall include microbial matter, including mold.
80

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Worker’s Compensation policies shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

Special Risks or Circumstances
City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 81

EXHIBIT D

VERIFICATION OF INSURANCE
82 JOB NO. 1292-100 SHEET OF 21 1
SUBDIVISION 9307

SUMMER LAKE NORTH
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

OWNER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

COUNTY RECORDER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

PROJECT
SITE

VICINITY MAP

CLERK OF THE BOARD OF SUPERVISORS '

STATEMENT
83 JOB NO. 1292-100 SHEET OF 21 2
SUBDIVISION 9307

SUMMER LAKE NORTH
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

TRUSTEE'S ACKNOWLEDGMENT
TRUSTEE'S STATEMENT SIGNATURE OMISSIONS: SOILS REPORT
84 JOB NO. 1292-100 SHEET OF 21 3
SUBDIVISION 9307

SUMMER LAKE NORTH
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

CITY ENGINEER'S STATEMENT

CITY CLERK'S STATEMENT

CITY COUNCIL STATEMENT

SURVEYOR'S STATEMENT CITY SURVEYOR'S STATEMENT
85 BETHEL ISLAND ROAD

SANDMOUND BOULEVARD

SANDMOUND BOULEVARD

RESULTANT

PARCEL ONE

E CYPRESS ROAD
4 400'

GRAPHIC SCALE
400' 0' 200' 400' 800' 1600'
SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 1292-100 SHEET OF 21
DETAIL
EASEMENT NOTE:
86 E CYPRESS ROAD
E CYPRESS ROAD SUMMER LAKE DRIVE BETHEL ISLAND ROAD E CYPRESS ROAD MANRE SA SHORE LAN E E CYPRESS ROAD 5 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 1292-100 SHEET OF 21 SEE ABOVE SEE BELOW EAST SUMMER LAKE DRIVE

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'

SEE DETAIL A
SHEET 6
NOTE:
100'
87 E CYPRESS ROAD BETHEL ISLAND ROAD
6 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21

DETAIL B

DETAIL A
NOTE

GRAPHIC SCALE
100' 0' 50' 100' 200' 400' SEE DETAIL SHEET 5
SEE SHEET 18
SEE SHEET 8
SEE DETAIL SHEET 5
100'
88 8
LOT 12
LOT 15
LOT 10
LOT 11
LOT 1
LOT 5
LOT 6
LOT 7
LOT 3

PARCEL E

PARCEL H

PARCEL D

PARCEL K

PARCEL L

PARCEL N

PARCEL R

PARCEL S

PARCEL Q
PARCEL O 9
10 11
12 13
14 16
15 17
18 19
20 21 PARCEL B

PARCEL I BETHEL ISLAND ROAD E CYPRESS ROAD

SANDMOUND BOULEVARD

SANDMOUND BOULEVARD
LOT 2

PARCEL F

PARCEL G

PARCEL M
LOT 4

PARCEL J
LOT 8

PARCEL A
LOT 13
LOT 14

PARCEL P

PARCEL C
LOT 9

EAST LAKE

TAHOE DRIVE

EAST LAKE

TAHOE DRIVE

EAST LAKE

TAHOE DRIVE

LAKE TAHOE
DRIVE 7
400'
SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
21 89

E CYPRESS ROAD BETHEL ISLAND ROAD

PARCEL L
LOT 5

PARCEL O
SEE SHEET 9 SEE SHEET 21 PARCEL B PARCEL R

LAKE TAHOE
DRIVE
8 100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTE:
90 LOT 1 PARCEL R BETHEL ISLAND ROAD

PARCEL O PARCEL B
SEE SHEET 8
SEE SHEET 10
SEE SHEET 15
SEE SHEET 21

PARCEL I

LAKE TAHOE
DRIVE

EAST LAKE

TAHOE DRIVE
9 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
91 PARCEL R BETHEL ISLAND ROAD

PARCEL O
SEE SHEET 9 SEE SHEET 15 SEE SHEET 14
SEE SHEET 11 PARCEL B
LOT 9

EAST LAKE

TAHOE DRIVE
10 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
92 PARCEL R BETHEL ISLAND ROAD
LOT 12
PARCEL Q SEE SHEET 14
SEE SHEET 10 SEE SHEET 13
SEE SHEET 12 PARCEL B PARCEL P

EAST LAKE TAHOE DRIVE EAST LAKE TAHOE DRIVE
11 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
93 PARCEL R BETHEL ISLAND ROAD

PARCEL S

SANMOUND BOULEVARD
SEE SHEET 11
SEE SHEET 13

PARCEL A
LOT 13

EAST LAKE TAHOE DRIVE
12 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

REFERENCES:

LEGEND
94 PARCEL S

SANMOUND BOULEVARD

PARCEL P
SEE SHEET 11
SEE SHEET 12
SEE SHEET 14
LOT 14

PARCEL A

EAST LAKE

TAHOE DRIVE

EAST LAKE

TAHOE DRIVE

PARCEL A

PARCEL S
13 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

REFERENCES:

LEGEND
DETAIL
95 LOT 10
LOT 15
SEE SHEET 13
SEE SHEET 16
SEE SHEET 15 SEE SHEET 11
SEE SHEET 10

PARCEL A EAST LAKE TAHOE DRIVE
14 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
96 SEE SHEET 9 PARCEL O
SEE SHEET 10
SEE SHEET 21
SEE SHEET 14
SEE SHEET 16
SEE SHEET 17

PARCEL C

EAST LAKE

TAHOE DRIVE

LAKE TAHOE
DRIVE
15 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
97 LOT 11
SEE SHEET 14
SEE SHEET 17 SEE SHEET 15

PARCEL A
16 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
98 SEE SHEET 16 SEE SHEET 15
SEE SHEET 18
SEE SHEET 20

PARCEL E

PARCEL H

PARCEL D

PARCEL O

PARCEL A

PARCEL F

PARCEL G EAST LAKE

TAHOE DRIVE
17 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
99 PARCEL O
SEE SHEET 17
SEE SHEET 20
SEE SHEET 19
SEE SHEET 19

PARCEL A
LOT 4

EAST LAKE

TAHOE DRIVE
DETAIL

PARCEL A
18 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
100

PARCEL N

PARCEL O
SEE SHEET 18
SEE SHEET 18
SEE SHEET 20
LOT 8

PARCEL J

EAST LAKE

TAHOE DRIVE

E CYPRESS ROAD
19 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:
101
LOT 3
LOT 7

E CYPRESS ROAD
PARCEL O SEE SHEET 19
SEE SHEET 18 SEE SHEET 21 SEE SHEET 21
SEE SHEET 17

PARCEL M

EAST LAKE

TAHOE DRIVE

EAST LAKE

TAHOE DRIVE
20 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTE:
102

PARCEL K
LOT 6

E CYPRESS ROAD
SEE SHEET 20 SEE SHEET 17 SEE SHEET 15
SEE SHEET 9
SEE SHEET 8

PARCEL O
LOT 2

EAST LAKE

TAHOE DRIVE

LAKE TAHOE
DRIVE
21 SUBDIVISION 9307

SUMMER LAKE NORTH
SCALE: 1" =
CONSISTING OF 21 SHEETS

BEING A SUBDIVISION OF A PORTION OF PARCEL ONE AS DESCRIBED IN LOT LINE ADJUSTMENT LLA-06-04 (DOCUMENT NO. 2007-0028601), PARCEL E AS SO DESIGNATED ON SUBDIVISION 7562 (462 M 46), AND PARCEL A AS SO DESIGNATED ON PARCEL MAP MS 169-71 (20 PM 37)

CITY OF OAKLEY, CONTRA COSTA COUNTY, CALIFORNIA
FEBRUARY 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
JOB NO. 1292-100 SHEET OF 21
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

NOTE:
103

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 27, 2024
TO: Joshua McMurray, City Manager
FROM: Derek Cole, City Attorney
Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Approval of the Final Agreement for the Purchase of Portions of Contra Costa Assessor Parcel No. 034-090-022 from the Del Barba family for the Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project – Capital Improvement Project (CIP) Number 280
Background and Analysis
The City’s adopted FY 2023/24 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for Oakley residents.

The Laurel Road Widening Project (Cloverbrook Avenue to O'Hara Avenue), CIP 280 is one of the most important projects in Oakley, as this project will address the muchneeded widening of Laurel Road to 4 lanes in the section from Cloverbrook Avenue to O'Hara Avenue to current City standards. This project is the last section of Laurel Road that needs widening to 4 lanes and compliments the section of Laurel Road from Rose Avenue to Cloverbrook Avenue that was widened and improved in 2018.

The delays in the progress of CIP 280 over the past few years have been due to the lack of public Right of Way to widen the roadway. The Del Barba family owns a vineyard on the south side of Laurel Road along the project limits that is an active and operational vineyard.

Staff have been discussing this project concept and plan with the Del Barba family over the years and finally in October 2022 a tentative agreement was reached between the Del Barba family and the City for the acquisition of the Right of Way needed for the Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project. This Right of Way acquisition is also for the relocation of the Western Area Power Administration (WAPA) utility poles that are needed and along Laurel Road in front of the vineyard.

The terms of this tentative agreement include the value of the land to be purchased by the City from the Del Barba family at $6 per square foot and the value of each grapevine to be removed in the Right of Way area, at $100 per grapevine. The total square footage of land to be purchased is 65,191, for a total cost of $391,146. The Approved and
Forwarded to the
City Council
104

STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us total number of grapevines to be removed is 1,338, for a total cost of $133,800. The grand total cost of the right of way acquisition ($391,146 plus $133,800) is $524,946.

After the final purchase and acquisition of the land, the City will design and construct the roadway widening and its associated infrastructure as part of CIP 280. In the future, when the Del Barba vineyard is sold to private developers and development applications are brought to the City, such developers will reimburse the City costs associated with the Laurel Road Widening along the frontage of the Del Barba vineyard according to City Code. In addition to the City’s CIP 280 Project, WAPA is also working on their design to relocate the utility poles out of the roadway construction zone.

The attached purchase and sale agreement would provide for the sale of the property needed for these right-of-way acquisitions. The Family’s acceptance to the agreement avoids the need for the City to commence formal condemnation proceedings. Upon execution of the agreement, the parties will open escrow and complete the transaction before the end of the current fiscal year.

Staff acknowledges & appreciates the Del Barba Family on their willingness to work with the City on this matter.

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

Fiscal Impact
The payment for the purchase of the Right of Way for the Laurel Road Widening (Cloverbrook Avenue to O’Hara Avenue) Project will be from the ARPA Fund in the amount of $524,946.

Staff Recommendation
Staff recommends that the City Council adopt the Resolution Authorizing the City Manager to execute the Purchase and Sale Agreement Made under Threat of, And in Lieu of, Condemnation For a Portion of Contra Costa County APN No. 034-090-022 Related to City of Oakley Capital Improvement Project 280.

Attachments

1. Resolution

2. Purchase and Sale Agreement
105
RESOLUTION NO._________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT

MADE UNDER THREAT OF, AND IN LIEU OF, CONDEMNATION FOR A PORTION OF CONTRA COSTA COUNTY APN NO. 034-090-022 RELATED TO CITY OF OAKLEY CAPITAL IMPROVEMENT PROJECT NUMBER 280
WHEREAS, Members of the Del Barba Family are, collectively, the owners of the property more particularly described as Contra Costa County Assessor Parcel 034- 090-022, located at the intersection of Laurel Road and O’Hara Avenue; and WHEREAS, For purpose of widening portions of Laurel Road and O’Hara Avenue at and near the intersection of both roadways, the Del Barba Family members have agreed to sell, and the City has agreed to purchase, portions of the Family property for purposes of right-of-way acquisition; and
WHEREAS, The acquisition of property is necessary to allow the City to obtain right of way to complete the construction of City of Oakley Capital Improvement Project Number 280; and
WHEREAS, the City’s purchase of the rights-of-way acreage by sale is made with the Parties’ mutual understanding that the City would seek to acquire the acreage through eminent domain but for the Family’s agreement to sell.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley authorizes the City Manager to execute the Purchase and Sale Agreement Made under Threat of, And in Lieu of, Condemnation For a Portion of Contra Costa County APN No. 034-090-022 Related to City of Oakley Capital Improvement Project Number 280, attached as Exhibit A.

BE IT FURTHER RESOLVED that the City Council finds that the approval of the Agreement is not subject to the California Environmental Quality Act (“CEQA”) because all environmental impacts associated with the Project have been previously analyzed in association with the analysis of the widening of the roadways at issue.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 27th of February 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Anissa Williams, Mayor
106
ATTEST:
______________________________________
Libby Vreonis, City Clerk Date
107
1 PURCHASE AND SALE AGREEMENT

MADE UNDER THREAT OF, AND IN LIEU OF, CONDEMNATION
FOR A PORTION OF CONTRA COSTA COUNTY APN NO. 034-090-022 RELATED TO CITY OF OAKLEY CAPITAL IMPROVEMENT PROJECT 280 This Purchase and Sale Agreement (“Agreement”) is made by and Frederick J. Del Barba, as to one half interest of the real property described within; and Shirley Ann Del Barba, Victoria Louse Mann, Juli Ann Del Barba Favalora, and Cynthia N. Del Barba, equally as to one half interest of the property described within; all of whom are collectively referred to within as “Sellers”; and between and the City of Oakley, a California municipal corporation, referred to within as “Buyer.” Sellers and Buyers are collectively referred to within collectively as “Parties,” and each individually is referred to as a “Party.” The effective date of this Agreement is February 28, 2024 (“Effective Date”).

RECITALS
A. Sellers are collectively the owners of the property more particularly described as Contra Costa County Assessor Parcel 034-090-022, located at the intersection of Laurel Road and O’Hara Avenue.

B. For purpose of widening portions of Laurel Road and O’Hara Avenue at and near the intersection of both roadways, the Sellers have agreed to sell, and City has agreed to purchase, portions of the above-referenced property as more particularly described in Section 1.1 below (“Real Property”).

C. The acquisition of the Real Property is necessary to allow the Buyer to obtain right of way to complete the construction of City of Oakley Capital Improvement Project Number 280 and, thus, the acquisition is related to a public project and involves the expenditure of city funds intended to further a public purpose.

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

E. In entering into this Agreement, the Parties desire to memorialize the terms and conditions of their agreement for purchase of the Real Property and to provide for the mutual release of any and all claims related to the intended and threatened condemnation associated with acquisition of such property.

F. This Agreement is full consideration for all claims of damage that may have arisen by any eminent domain action or the public project for which the Real Property is to be conveyed.

AGREEMENT
NOW, THEREFORE, in consideration of the above Recitals, which are deemed material terms of this Agreement, the Parties agree as follows:
108
2 1. Property Included in Sale. Sellers shall sell and convey to Buyer in fee, and Buyer shall purchase from Sellers, subject to the terms and conditions set forth herein, the following:

1.1 The real property described in Exhibit “A”, attached hereto, and depicted in “Exhibit B,” attached hereto, consisting of (i) 22,639 square feet, more or less, along O’Hara Avenue, and (ii) 42,552 square feet, more or less, along Laurel Road.

1.2 All of Sellers’ right, title and interest in and to (i) all rights, privileges, and easements appurtenant to the Real Property, including without limitation all development rights, permits, entitlements and any rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property (collectively, the “Appurtenances”); (ii) any improvements or fixtures upon the Real Property (collectively, the “Improvements”); (iii) all intangible property and rights, indemnities, claims, demands, actions or awards benefiting the Real Property, including, but not limited to, any causes of action, claims and warranties (collectively, the “Intangible Rights”); less any Excluded Property. The Real Property, Appurtenances, Improvements and Intangible Rights are collectively referred to herein as the “Property.”

1.3 Excluded Property: Notwithstanding the foregoing, the sale of Property contemplated by this Agreement expressly reserves and retains all right, title and interest in and to all of the oil, gas, and other minerals and mineral rights in, on or under the Property, if any. Seller expressly waives the right to use the surface of the Property in connection with the exercise of the mineral reservation herein created, Seller reserving the right to extract minerals from the Property only by means of directional drilling from other properties or by pooling or unitization of the Property with others.

2. Purchase Price. The purchase price for the Property shall be the sum of $524,946 ("Purchase Price"), of which $391,146 is deemed to be the value of the Property, and the remaining $133,800 of which is deemed to be full compensation for the loss of grape vines associated with the Buyer’s acquisition of the Property, but given the circumstances of the threat of eminent domain the methodology used for this transaction’s price per vine is not to be considered a comparable for future vine acquisitions or negotiations by the Buyer.

3. Opening of Escrow; Deposit.

3.1 Escrow Agent. The Parties shall open an escrow through Old Republic Title, 1000 Burnett Avenue, Concord, California 94520 (“Agent”).

3.2 Deposit. Within five calendar days of the opening of escrow, Buyer will deposit the sum of $10,000.00 into escrow as the deposit for this transaction (“Deposit”). The Deposit shall be credited againstthe Purchase Price at the Closing (as hereinafter defined). Escrow Agent shall hold the Deposit in an interest bearing account with interest accruing for the benefit of Buyer. The Deposit and all interest accrued thereon, if any, less the Independent Consideration (as hereinafter defined), while in Escrow shall be refundable to Buyer if this Agreement is terminated by Buyer (i) on or before the expiration of the Due Diligence Period for (as hereinafter defined) for any reason; (ii) due to a default by Sellers; (iii) due to a failure of any of the Conditions Precedent (as hereinafter defined); or (iv) as otherwise provided in this Agreement.

3.3 Independent Consideration. One Hundred Dollars ($100.00) of the Deposit shall be released immediately from Escrow and paid to Sellers as independent consideration for 109
3 the rights extended to Buyer hereunder, including, without limitation, the right and option to terminate this Agreement as provided herein (the “Independent Consideration”). In all instances under this Agreement in which Buyer elects to terminate or is deemed to have terminated this Agreement and the Deposit is returned to Buyer, Sellers shall retain the Independent Consideration when the Deposit is returned to Buyer. The Parties hereto intend and agree that the amount of the Independent Consideration is sufficient consideration for the rights and options extended to Buyer hereunder and that it satisfies the threshold for sufficient consideration for such rights and options.

4. Title to the Property. At the closing of the purchase and sale contemplated hereunder (the “Closing”), Sellers shall convey to Buyer insurable title to the Property by a duly executed and acknowledged Grant Deed in Title Company’s standard form (the “Grant Deed”).

At Closing, Title Company shall issue to Buyer a California Land Title Association Owner’s Policy of Title Insurance (“Title Policy”) in the amount of the Purchase Price insuring fee simple title to the Property in Buyer. The cost of the Title Policy shall be paid by the Buyers. If Buyer desires to obtain an ALTA extended coverage owner’s policy of title insurance for the Title Policy, then Buyer shall be responsible, at Buyer’s cost and expense, for satisfying any additional requirements that Escrow Holder’s underwriter may require in connection with the issuance of such ALTA extended coverage.

5. Conditions to Closing. The following conditions are conditions precedent to Buyer’s obligation to purchase the Property (the “Conditions Precedent”):

5.1 Buyer’s Review and Approval of Title to the Property. Sellers shall use reasonable efforts to cause Title Company to deliver to Buyer a preliminary title report on the Property within twenty (10) days after the Effective Date, which preliminary title report shall be issued by Title Company and accompanied by copies of all documents referred to in the report (collectively, the “Preliminary Report”). Buyer shall advise Sellers, within thirty (10) days after the Effective Date, what exceptions to title, if any, will be accepted by Buyer. Sellers shall have ten (5) days after receipt of Buyer’s objections to give Buyer: (i) notice that such exceptions will be removed on or before the Closing Date; or (ii) notice that Sellers elects not to cause such exceptions to be removed. If Sellers gives Buyer notice under clause (ii), Buyer shall notify Sellers within ten (5) days after Buyer’s receipt of Sellers’s notice whether Buyer elects to proceed with the purchase or terminate this Agreement. If Buyer shall fail to give Sellers notice of its election within such ten-day period, Buyer shall be deemed to have elected to terminate this Agreement. In the event this Agreement is cancelled pursuant to this 5.1, the Deposit, together with all interest earned thereon, and all other monies delivered to Escrow Holder by Buyer shall immediately be returned to Buyer, and except for any provisions that expressly survive the termination of this Agreement, the Parties hereto shall have no further obligations hereunder. Notwithstanding the foregoing provisions, Sellers, at its sole cost, on or prior to the Closing, shall cause to be eliminated all liens evidencing monetary encumbrances (other than liens for non-delinquent real estate taxes and assessments, and supplemental taxes and assessments). Failure of Buyer to object to such monetary encumbrances shall in no event be deemed a waiver of Buyer’s right to require Sellers to eliminate such monetary encumbrances at Closing.

5.2 Due Diligence Investigations. During that period which shall commence on the Effective Date and terminate at 5:00 p.m., Pacific Time, on the date that is sixty (60) days thereafter (the “Due Diligence Period”), Buyer, through its employees, agents and consultants, shall be entitled to enter the Real Property to conduct, at Buyer’s sole cost and expense, a full 110
4 inspection of the Property, including, without limitation, a physical inspection of the condition of the Real Property, an inspection and examination of the soils and the environmental condition of the Real Property, including, without limitation, a Phase I and Phase II (if required) Environmental Site Assessment of the Real Property, and an inspection of the condition of title to the Property. Buyer shall promptly repair any damage caused to the Real Property as a result of Buyer’s entry on the Real Property and shall restore the Real Property after any such entry to the same material condition at the time immediately preceding such entry by Buyer. Buyer shall indemnify, defend and hold harmless Sellers from and against any and all obligations, liabilities, claims, damages, costs, expenses and fees (including reasonable attorneys’ and experts’ fees and costs) arising from any entry, examinations, inspections, tests or restoration conducted by Buyer on the Real Property. Notwithstanding the foregoing, Buyer shall not be obligated to defend or indemnify Sellers or to repair any damage caused in whole or part by any one or more of the following: (a) the discovery of hazardous materials; (b) a pre-existing condition in, on or about the Property; (c) the spread of hazardous materials already present on the Property despite the use of reasonable care; or (d) the negligence or willful misconduct of Sellers or its agents.

5.3 Buyer’s Approval of Condition of the Property; Right to Terminate. On or before the expiration of the Due Diligence Period, Buyer shall deliver notice to Sellers specifying Buyer’s approval or disapproval, in Buyer’s sole and absolute discretion, based on its investigation of the Property, the Due Diligence Materials and the Preliminary Report. In the event that any of the conditions of the Property are unacceptable to Buyer for any reason, Buyer may deliver a written notice of disapproval electing to terminate this Agreement and, except as otherwise provided herein, the Parties hereto shall have no further rights or obligations under this Agreement, and the Deposit, together with all interest earned thereon, less the Independent Consideration, shall be immediately returned to Buyer. Notwithstanding the foregoing, if at any time before the expiration of the Due Diligence Period, or after Buyer’s approval of its due diligence investigations in accordance with this Section 5.3 (but prior to Closing), the Escrow Agent shall deliver to Buyer an amended Title Report, Buyer shall have until the later of (i) ten (10) business days from its receipt of such amended Title Report (and copies of any additional documents referred to therein as additional exceptions) or (ii) the expiration of the Due Diligence Period, to approve any additional matters referred to therein, and Buyer’s disapproval of the same shall have the same effect as a written notice of disapproval delivered on or before the expiration of the Due Diligence Period.

6. Additional Terms
The Parties agree to the following additional terms, which shall survive and continue to be binding on the parties following the Closing.

6.1. Indemnification by City. The City hereby agrees to indemnify, defend and hold Sellers 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 Buyer or any Buyer-affiliated person or party and provide appropriate liability insurance upon the signed agreement and prior to entering the property. If other sections of this Agreement are inconsistent, then this Section shall control.
111
5 6.2. Utilities. 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.

6.3. Ingress and Egress. Proper ingress and egress shall be provided, including two (2) curb cuts along the frontage of Laurel and one (1) curb cut along the frontage of O’Hara at three locations to which the Sellers and Buyer have agreed. Future development of the subject site will not be limited to these curb cuts, if proposed additional curb cuts meet City of Oakley Standards. Sellers shall at all times maintain access for ingress and egress prior to public dedication and improvements of the above mentioned curb cut road improvements for all commercial purposes, which as a condition of this Agreement, shall be memorialized at a future date during the escrow period in the form of a License Agreement. Such License Agreement shall maintain Sellers access for ingress and egress for all commercial purposes including continued crop cultivation, as well as access for any agents licensees or invitees, for brokers, potential future buyers, landlords, tenants, future developers or their employees, contractors and the Sellers themselves.

6.4. Notice. Sellers are to be provided forty-eight (48) hours in writing prior to any work being performed on the Property.

6.5. Undergrounding. Buyer 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.

6.6. Abandonment. If the Property becomes no longer needed for public use, Buyer shall abandon the Property in accordance with California Streets & Highways Code section 8300 et seq. and other applicable law, and Buyer shall, at its expense, thereafter take such actions as are necessary to reconvey Property to Sellers or their then respective successors or transferees such that the Property shall remerge with the real property described above in Section 1.1, as may then be constituted or legally described.

7. Closing and Escrow.

7.1 Execution of Agreement. The Parties hereto shall deposit executed counterparts of this Agreement with the Title Company and this Agreement shall serve as instructions to the escrow holder for consummation of the donation, purchase, and sales contemplated hereby. Sellers and Buyer agree to execute such additional escrow instructions as may be appropriate to enable the escrow holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall control.

7.2 Closing Date. Escrow shall close within 30 days of the opening of Escrow (the date of closing being hereinafter referred to as the “Closing Date”). 112
6 7.3 Delivery of Documents. At or before the Closing Date (except to the extent otherwise specifically provided below), Sellers shall deliver to Buyer the following:
(i) The grant deed for the Property, duly executed and acknowledged by Sellers; and
(ii) Such other documents or records as may be required under applicable law or as specified by the Title Company to ensure completion of all transactions described hereby.

7.4 Apportionment. The following are to be apportioned as of the Closing Date, as follows:
(i) Real Estate Taxes and Assessments. To the extent applicable, real property taxes and assessments on the Real Property shall be prorated as of the Closing Date (on the basis of actual days elapsed and a 360-day year) based upon the latest available bills. Buyer shall assume responsibility for all real estate taxes and assessments on the Property from the Closing Date forward. If any of the prorations or adjustments required under this Section 6.4(i) cannot be definitively calculated on the Closing Date, then they shall be estimated at the Closing and definitively calculated as soon as practicable after the Closing Date. As soon as the necessary information is available, Sellers and Buyer shall conduct a post-Closing review to determine the accuracy of all prorations and adjustments. Within thirty (30) days after the completion of such determination, either party owing the other party a sum of money based on such subsequent prorations, adjustments or post-Closing review shall pay said sum to the other party. The obligations of Sellers and Buyer under this Section shall survive the Closing for one (1) year. (ii) Closing Costs. Buyer shall pay the recording fees, any County of Contra Costa transfer tax and the premium for the Title Policy and escrow fees and such other costs and charges of the escrow for the sale not otherwise provided for in this Section or elsewhere in this Agreement.

8. Party Representations; Default.

8.1 Sellers Representations and Warranties. Sellers hereby represents and warrants to Buyer as of the Effective Date and as of the Closing as follows:
(i) Sellers have full power and authority and has taken all action necessary to execute this Agreement and to fulfill all obligations hereunder and that this Agreement has been duly executed and delivered by Sellers and constitutes the legal, valid, and binding obligations of Sellers in accordance with its terms. (ii) Sellers represent that, to Sellers’ actual knowledge, the Property is free of contamination and hazardous materials in all material respects. To Sellers’ knowledge, the Property is not in any material violation of any federal, state or local law, ordinance or regulation relating to hazardous substances, industrial hygiene or the environmental conditions on, under or about the Property including, but not limited to, soil and ground water condition. 113
7 (iii) To Sellers’ knowledge, there are no material violations of any applicable law, ordinance, rule, regulation, or requirement of any governmental agency, body, or subdivision affecting or relating to the Property.
(iv) To Sellers’ knowledge, there is no suit, action, arbitration, legal, administrative or other proceeding or inquiry, pending or threatened against or relating to Sellers that would affect Sellers’ ability to perform their obligations under this Agreement. (v) To Sellers’ knowledge, there are no material encumbrances or liens against the Property, including, but not limited to, actual or impending mechanics’ liens against the Property, unexpired leases, options, mortgages or deeds of trust, other than those set forth in the Title Report.
(vi) No third party is entitled to occupancy of any portion of the Property.
(vii) Except as expressly provided herein, there is no agreement materially affecting or restricting the Property, including its usage and development, and Sellers have not granted to any person or entity any ground lease, site control lease, or similar agreement regarding the Property or any option to purchase or lease all or any portion of the Property or any right of first refusal or right of first offer to purchase or lease all or any portion of the Property, and no third Parties have any such options or rights.
(viii) Aside from Buyer’s threat of eminent domain proceedings, there are no pending or, to Sellers’ knowledge, threatened requests, applications or proceedings to alter or restrict the zoning or other use restrictions or any taking, condemnation or eminent domain proceedings applicable to the Property. The Property is a legal conforming use and the current and anticipated use of the Property complies with the zoning requirements for the Property. (ix) Sellers have disclosed to Buyer any and all known conditions with respect to the Property which are reasonably likely to have a material adverse effect on the Property or may adversely affect the health or safety of any occupant of the Property. Specifically, Buyer acknowledges that the Property has been used for commercial crop cultivation as a vineyard.

8.2 Buyer Representations and Warranties. Buyer hereby represents and warrants to Sellers as of the Effective Date and as of the Closing as follows:
(i) Buyer has full power and authority and has taken all action necessary to execute this Agreement and to fulfill all its obligations hereunder and this Agreement has been duly executed and delivered by Buyer and constitutes the legal, valid and binding obligations of Buyer in accordance with its terms.
(ii) To Buyer’s knowledge, there is no suit, action, arbitration, legal, administrative or other proceeding or inquiry, pending or threatened against or relating to Buyer that would affect Buyer’s ability to perform its obligations under this Agreement. 114
8 8.3 DEFAULT BY BUYER; LIQUIDATED DAMAGES. If the Closing and the consummation of the transaction contemplated by this Agreement do not occur solely as a result of a default by Buyer, then Sellers, as its full and complete liquidated damages and its sole and exclusive remedy for Buyer’s default, shall be entitled to retain the Deposit. Sellers agrees to waive all other remedies against Buyer, which Sellers might otherwise have in law or at equity by reason of such default by Buyer; provided, however, the foregoing shall not limit those obligations of Buyer which expressly survive the termination of this Agreement as expressly provided hereunder. THE PARTIES HAVE AGREED THAT SELLERS’S ACTUAL

DAMAGES, IN THE EVENT ESCROW FAILS TO CLOSE SOLELY DUE TO A

DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR
IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR INITIALS

BELOW, THE PARTIES ACKNOWLEDGE THAT THE AMOUNT OF THE DEPOSIT HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES’ REASONABLE ESTIMATE OF SELLERS’S DAMAGES AND AS SELLERS’S

EXCLUSIVE REMEDY AGAINST BUYER, AND THAT PAYMENT OF SUCH

AMOUNT TO SELLERS AS LIQUIDATED DAMAGES IS NOT INTENDED AS A

FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTION 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLERS PURSUANT TO SECTIONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE.

Sellers’s Initials Buyer’s Initials

8.4 Default by Sellers. If the transaction is not consummated as a result of a default (including a breach of any representation or warranty) by Sellers, then Buyer may either (i) terminate this Agreement by delivery of notice of termination to Sellers, whereupon the Deposit, together with all interest earned thereon, less the Independent Consideration, and all other monies delivered to Escrow Holder by Buyer shall be immediately returned to Buyer, Sellers shall pay any title and/or escrow fees charged by the Escrow Holder in connection with canceling the Escrow, and, except for any indemnity or other provisions in this Agreement that specifically survive the Closing or the earlier termination of this Agreement, neither party shall have any further rights or obligations hereunder; or (ii) continue this Agreement and bring an action against Sellers for specific performance of this Agreement, which action may include claims for damages.

8.5 Limitations on Sellers’ Representations and Warranties. Notwithstanding anything in this Section 8 to the contrary, in the event of any material breach by Sellers of any of representations or warranties discovered after Closing, Sellers shall be liable only for any direct or actual damages suffered by Buyer on account of Sellers’ breach, and all of the restrictions set herein. Notwithstanding the foregoing, Sellers shall have no liability based on matters disclosed to Buyer in any of the materials provided to Buyer in accordance with this Agreement. In no event shall Sellers be liable for any indirect, consequential, special or punitive damages on account of Sellers’ breach of any representation or warranty contained in this Agreement.

Additionally, notwithstanding the foregoing, if Buyer becomes aware prior to the Closing that any representation or warranty hereunder is untrue, or any covenant or condition to Closing 115
9 hereunder has not been fulfilled or satisfied (if not otherwise waived by Buyer), Buyer shall advise Sellers thereof in writing, and provide an opportunity to cure of twenty (20) calendar days to the satisfaction of Buyer. If Buyer nonetheless proceeds to close its purchase of the Property, then Buyer shall be deemed to have irrevocably and absolutely waived, relinquished and released all rights and claims against Sellers for any damage or other loss arising out of or resulting from such untrue representation or warranty or such unfulfilled or unsatisfied covenant or condition.

9. As-Is Acquisition. Buyer represents and warrants that as of the Close of Escrow, Buyer will have satisfied itself as to the physical, environmental, legal and economic condition and all other aspects of the Property and its suitability for the purposes intended by Buyer. Buyer acknowledges and agrees that Buyer is acquiring the Property subject to all existing laws, ordinances, rules and regulations, and that, except as expressly set forth in this Agreement, neither Sellers nor any of Sellers’s agents, representatives and attorneys (collectively, “Sellers’s Agents”) have made any warranties, representations or statements regarding the availability of any approvals, or the laws, ordinances, rules or regulations of any governmental or quasi-governmental body, entity, district or agency having authority with respect to the ownership, possession, development, occupancy, condition and/or use of the Property except as expressly provided herein.

Buyer, moreover, acknowledges that Buyer has entered into this Agreement with the intention of relying upon its own investigation of the physical, environmental, economic and legal condition of the Property, including, without limitation, the compliance of the Property with laws and governmental regulations and the operation of the Property, and that, except for the representations and warranties of Sellers expressly set forth herein and subject to the limitations of section 8.5, Buyer is not relying on any representations and warranties made by Sellers or anyone acting or claiming to act on Sellers’s behalf concerning the Property except as expressly provided herein subject to the limitations of section 8.5. Buyer further acknowledges that it has not received from Sellers any accounting, tax, legal, architectural, engineering, property management or other advice with respect to this transaction and is relying upon the advice of its own accounting, tax, legal, architectural, engineering, property management and other advisors. Subject to the representations and warranties of Sellersset forth herein, Buyer shall purchase the Property in its “As-Is” condition on the Closing Date and assumes the risk that adverse physical, environmental, economic or legal conditions may not have been revealed by its investigations and Sellers shall have no liability for any subsequently discovered defects, whether latent or patent.

10. Miscellaneous.

10.1 Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, or (ii) three (3) days after being deposited in the U.S. Mail, and addressed as follows If to Sellers:

Cindy Del Barba
2026 Sequoia Drive
Martinez, CA 94553
925-349-8400
[email protected]
116
10 Victoria L. Mann
PO Box 829
Knightsen, CA 94548
925-260-8649
925-625-6171
[email protected]
Juli Ann Del Barba Favalora
300 Brownstone Rd
Oakley, CA 94561
Fred & Shirly Del Barba
4631 Rose Avenue
Oakley, CA 94561
With a copy to:

Vincent A. Moita, Esq.

Attorney at Law
PO Box 880
Seal Beach, CA 90740
Email: [email protected]
If to Buyer:

Joshua McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, California 94561
[email protected]
Sellers and Buyer shall each have the right from time to time to change the place notice is to be given under this section by written notice thereof to the other party.

10.2 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, heirs, administrators and assigns.

This Agreement shall be freely assignable by Buyer to an entity that Buyer owns or controls, that Buyer is controlled by, or that is under common control with Buyer This Agreement shall be freely assignable by Sellers to an entity that Sellers own or control, that Sellers are controlled by, or that is under common control with Sellers.

10.3 Amendments. Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Sellers and Buyer.

10.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
117
11 10.5 Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire agreement between the Parties and supersede all prior agreements and understandings between the Parties relating to the subject matter hereof.

10.6 Mutual Releases of Claims. Except as to such rights or claims as may be created by this Agreement, each Party hereby releases, remises, and forever discharges each other from any and all claims, demands, cause or causes of action, obligations, rights or liabilities of any kind, whether known or unknown, express or implied, existing between the Parties, arising from or in connection to acquisition of the Property under the threat of condemnation. This Agreement shall be effective as a full and final accord and satisfaction, and as a bar to all actions, causes of action, and obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of whatsoever nature, character, or kind, known or unknown, suspected or unsuspected, which could have been brought, arising out of and in connection to any threatened condemnation proceedings.

In making the foregoing mutual releases, each Party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California, which states:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

The Parties intend that the waiver identified in this Section extend to all known and unknown, express and implied causes of action and claims of any kind, whether at law or in equity.

The Parties acknowledge that this release has been negotiated and agreed upon in anticipation of such a comprehensive release, and the Parties intend and hereby do release, acquit, and forever discharge each other from any and all demands, cause or causes of action in connection with or arising out of the threated condemnation proceedings, whether known, unknown, unsuspected, or unforeseen, except as expressly reserved in conjunction with the performance of this Agreement.

10.7 Enforcement. If either Party hereto commences legal proceedings to enforce or interpret the terms of this Agreement, the prevailing party in such proceedings shall be entitled to recover from the other Party its attorneys’ fees and court costs incurred therein.

10.8 Time of the Essence. Sellers and Buyer 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.

10.9 Severability. If any provision of this Agreement or the application thereof to any person, place or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.

10.10 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 118
12 the same document. Any signature page hereto delivered electronically or by facsimile (including without limitation transmission by .pdf or other fixed image form) shall be binding to the same extent as an original signature page.

10.11 Risk of Loss; Condemnation. All risk of loss shall remain with Sellers until Closing at which time it shall pass to Buyer. In the event that the Property, or any material portion thereof, is substantially destroyed or substantially damaged prior to the Closing, or in the event of the taking of all or any material portion of the Property by eminent domain proceedings, other than eminent domain proceedings initiated by Buyer, or the commencement of such proceedings prior to Closing, Buyer shall have the right, at Buyer’s option, to terminate this Agreement by delivering notice to Sellers within five (5) business days after Buyer’s discovery of such damage or condemnation action, in which case the Deposit, together with all interest earned thereon, and all other monies delivered to Escrow Holder by Buyer shall be immediately returned to Buyer and, except as otherwise provided herein, the Parties shall have no further rights or obligations under this Agreement. If Buyer does not so terminate this Agreement, then Buyer shall proceed to close with no reduction in the Purchase Price, in which event upon the Closing, Sellers shall assign to Buyer any insurance proceeds, compensation, awards, or other payments or relief resulting from such casualty or condemnation proceedings to the extent applicable or allocable to the Property. Sellers shall deliver notice to Buyer of any material damage and/or condemnation proceedings affecting the Property within two (2) business days after Sellers’s discovery of such matter.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
119
13 SELLERS:
_____________________________________
Frederick J. Del Barba
_____________________________________
Shirley Ann Del Barba
_____________________________________
Victoria Louse Mann
_____________________________________
Juli Ann Del Barba Favalora
_____________________________________
Cynthia N. Del Barba
BUYER:

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

By: ____________________________
Derek P. Cole, City Attorney
120
4874-9163-3320.1

EXHIBIT A
Legal Description
[APPEARS ON FOLLOWING PAGE]
121
June 23, 2023
BKF No. 20220520

EXHIBIT “A”
Legal Description

STREET DEDICATION
Laurel Road and O’Hara Avenue, Oakley CA
Real property in the City of Oakley, County of Contra Costa, State of California, described as follows:

Being a portion of the lands of Del Barba, as said lands are shown in that certain Record of Survey map recorded on August 17th, 1983 in Book 73 of L.S.M. Page 8, Official Records of Contra Costa County, more particularly described as follows:

STREET DEDICATION No. 1
Beginning at the northeasterly corner of said lands of Del Barba, being on the centerline of Laurel Road, as shown on said map, also being on the northerly line of the northwest 1/4 of Section 36, Township 2 North, Range 2 East, Mount Diablo Base & Meridian, as shown on said map and thence running along the easterly line of said lands of Del Barba, South 00°12’43” West, 22.50 foot to the TRUE POINT OF BEGINNING of this description;
Thence continuing along said easterly line, South 00°12’43” West, 53.00 feet to a line parallel with and

75.5’ feet southerly of the centerline of Laurel Road;
Thence along said parallel line, South 89°57’00” West, 1095.32 feet to a point on the southerly line of the Street Widening as shown in that certain Grant Deed, recorded May 6, 2005 as Document 2005- 0163286, Official Records of Contra Costa County;
Thence along said southerly line the following three (3) courses:
• North 86°11’08” East, 22.84 feet;
• North 80°37’18” East, 89.35 feet;
• North 86°11’08” East, 563.82 feet to a point on the southerly right of way line of Laurel Road, 45 feet wide, as said road is shown on said map;
Thence leaving said southerly line and along said southerly right of way line, South 89°57’00” East, 422.00 feet to the TRUE POINT OF BEGINNING of this description.

Containing an area of 42,552 square feet, more or less.

STREET DEDICATION No. 2
Beginning at the southwesterly corner of said lands of Del Barba, being on the monument line of O’Hara Avenue, also being on the westerly line of the northwest 1/4 of Section 36, Township 2 North, Range 2 East, Mount Diablo Base & Meridian, as shown on said map and thence along the southerly line of said lands of Del Barba, South 89°37’16” East, 22.50 feet to the TRUE POINT OF BEGINNING of this description, being on the easterly line of O’Hara Avenue; 122
EXHIBIT “A”
Legal Description

\\bkf-sj\VOL4\2022\220520_Laurel_Road_CIP_280\SUR\Mapping\Plat\Street_Dedication_Description.docx Thence running along said easterly line, North 00°23’04” East, 548.19 feet to a point on the general southerly line of the Street Widening as shown in that certain Grant Deed, recorded May 6, 2005 as Document 2005-0163286, Official Records of Contra Costa County; Thence along said general southerly line the following four (4) courses:
• North 22°32’38” East, 46.41 feet;
• North 00°23’20” East, 32.49 feet;
• North 45°42’32” East, 25.46 feet;
• North 86°11’08” East, 1.91 feet to a line parallel with and 60 feet easterly of the monument line of O’Hara Avenue;
Thence along said parallel line, South 00°23’04” West, 641.70 feet to the southerly line of the lands of Del Barba as shown on said map;
Thence along said southerly line North 89°37’16” West, 37.50 feet to the TRUE POINT OF BEGINNING of this description.

Containing an area of 23,639 square feet, more or less.

As shown on plat attached hereto and made a part hereof as Exhibit “B” This legal description was prepared by me, or under my direction, in conformance with the requirements of the Professional Land Surveyors Act.

By: __________________________
David Darling
P.L.S. No. 7625
Dated: 06/23/2023_____________
123
4874-9163-3320.1

EXHIBIT B
PLAT
[APPEARS ON FOLLOWING PAGE]
124

LAUREL ROAD
O'HARA AVENUE SCALE IN FEET 0 100 200 400 www.bkf.com SAN JOSE, CA 95112 1730 N. FIRST STREET SUITE 600 408-467-9100 125
Closure Calculations
Street Dedication
Juli Ann Dell Barba Trust
Oakley, CA
Project: Laurel Road June 6, 2023
Parcel Map Check Company No. 20220520
Parcel Name: Street Dedication No. 1
North: 12,856.49' East: 9,904.04'
Line Course: S0° 12' 43"W Length: 53.00'
North: 12,803.49' East: 9,903.84'
Line Course: S89° 57' 00"W Length: 1,095.32'
North: 12,802.53' East: 8,808.52'
Line Course: N86° 11' 08"E Length: 22.84'
North: 12,804.05' East: 8,831.31'
Line Course: N80° 37' 18"E Length: 89.35'
North: 12,818.61' East: 8,919.47'
Line Course: N86° 11' 08"E Length: 563.82'
North: 12,856.12' East: 9,482.04'
Line Course: N89° 57' 00"E Length: 422.00'
North: 12,856.49' East: 9,904.04'
Perimeter: 2,246.33' Area: 42,552 Sq Ft 0.977 Ac.

Error Closure: 0.00' Course: N0° 00' 00"E
Error North: 0.00' East: 0.00'
Precision 1: 2,246,330,000.00'
Parcel Name: Street Dedication No. 2

North: 14,929.11' East: 5,791.44'
Line Course: N0° 23' 04"E Length: 548.19'
North: 15,477.29' East: 5,795.12'
Line Course: N22° 31' 38"E Length: 46.41'
North: 15,520.16' East: 5,812.90'
Line Course: N0° 23' 20"E Length: 32.49'
North: 15,552.65' East: 5,813.12'
126
Line Course: N45° 42' 32"E Length: 25.46'
North: 15,570.43' East: 5,831.34'
Line Course: N86° 11' 08"E Length: 1.91'
North: 15,570.56' East: 5,833.25'
Line Course: S0° 23' 04"W Length: 641.70'
North: 14,928.87' East: 5,828.94'
Line Course: N89° 37' 16"W Length: 37.50'
North: 14,929.12' East: 5,791.44'
Perimeter: 1,333.66' Area: 22,639 Sq Ft 0.52 Ac.

Error Closure: 0.01' Course: N0° 00' 00"E
Error North: 0.01' East: 0.00'
Precision 1: 133,366.00'
127

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 27, 2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees
Background and Analysis
On January 23, 2024, a work session was held at the City Council meeting, to discuss all recreation related fees and the potential of increasing some of those fees. During this work session, the City Council provided direction on the increase of fees for facility rentals, park rentals, after school program, summer camp as well as several miscellaneous fees. The fee schedule presented tonight has captured the direction provided during the January 23rd work session and if approved tonight will become effective April 28, 2024.

Staff compared the fees of surrounding cities and researched the cost of providing the service prior to making recommendations. The below list is a breakdown of the direction staff believes was provided by the City Council during the January work session:

1. Increase facility rental fees by 5%.

2. Add a cleaning fee for any excessive cleaning required of $95 per hour or time and material if a third party is necessary.

3. Increase the fee of the after-school program from $4 per day to $10 per day and charge monthly (assume 21.5 days per month).

4. Increase park rental fees by 50% for hourly rentals.

5. Add the youth summer camp fee to the schedule and increase from $75 per week to $125 per week for residents and from $85 per week to $200 per week for non-residents.

6. Add extended hours for youth summer camp fee to the schedule at $50 per week for residents and $100 per week for non-residents.

7. Add the contract split for program instructions to the fee schedule and keep at a 70/30 split for those utilizing an Oakley facility and 80/20 split for those providing virtual programs.

8. Decrease the refund fee from $38 to $12 dollars and allow for a refund within 5 days instead of 14 days.

Approved and
Forwarded to the
City Council
128

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US In light of our audit findings on our fee scheduled during the fiscal year 2022/2023 audit, staff also took the time to review the fees in other areas of the City. Staff took this opportunity to do a clean up to the schedule and add fees that we are currently charging, and have been for years, but did not appear on the schedule. All updates are highlighted in red on the schedule and as mentioned previously, these are not changes to the current fee, but an opportunity to add them to the schedule. The only change being recommended is to simplify the copy, printing and scanning fee to eliminate the need for staff time to count hundreds of pages in order to charge the correct fee. Staff has recommended for printing or copying, when the number of pages is known, to charge a single rate for all printing that can be done from a regular copier or printer and a slightly higher rate for those that require the use of a large plotter type printer. Staff have also recommended a flat rate for scanning when it is required for a file with large amounts of paper or large scans to eliminate the need to count the number of documents being scanned, which requires a significant amount of staff time.

Lastly, in July of 2024, the rates for Mt. Diablo Resource Recovery for our refuse fees will increase by 3.42%. On the schedule we have broken out the current rate that will end June 30, 2024 and the new rate that will begin July 1, 2024. Resolution 24-22 was adopted on March 22, 2022 authorizing the MDRR fee to increase annually by the refuse rate index.

Over the next twelve to eighteen months, staff intends to contract with a consultant to do a more thorough review of all of our fees. This is another major step to ensuring we continue to look to the future as we continue to grow.

As for the process of adopting fees, State law requires that changes to the City’s fees be presented to the City Council at a public hearing; and that there be two publications of the meeting notice, so that advance notice is provided to any party that requests to be notified of any proposed fee adjustments, and that the full package of the proposal is made available to the public no less than 10 days prior to the Hearing. In addition, approved changes to City fees may take effect no less than 60 days after approval.

Staff has met the publishing and noticing requirements for the proposed changes herein, and Staff is recommending that any changes approved pursuant to this item become effective on April 28, 2024, which is 61 days from the date of this meeting. 129

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Consistency with the Oakley Strategic Plan 27+
The approval of this resolution is consistent with the SP 27+ Finance and Fiscal Responsibility Goal to leverage the City’s financial resources for the long-term benefit of our residents and businesses.

Fiscal Impact
The fiscal impact of the recommended action is not expected to be significant and will be dependent on usage and participation numbers. The recommendation could create a slight increase in the general fund recreation revenue.

Staff Recommendation
Consideration of a Resolution Establishing a Master Fee Schedule and Updating Certain City Fees
Attachments

1. Resolution

2. Master Fee Schedule
130
Resolution No. XX-24

RESOLUTION NO. X-24
A Resolution OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE

MASTER FEE SCHEDULE
WHEREAS, the City Council of the City of Oakley has the authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which fees are imposed; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff in readily locating fees and to continue governmental transparency; and WHEREAS, the proposed Master Fee Schedule will supersede any previously adopted or established fee for specified City services; and
WHEREAS, the Master Fee Schedule will be evaluated each year to ensure that services are provided while consideration is taken into account in regard to cost recovery for services provided by the City; and
WHEREAS, public comment has been received on the compilation of existing fees into a Master Fee Schedule (Exhibit “A”) and proposed fee modifications contained within the Master Fee Schedule; and
BE IT RESOLVED by the City Council of the City of Oakley hereby approves and adopts the Master Fee Schedule. The fees shown in Exhibit “A” are hereby adopted and supersede any previously established fee for the identified City services and will become effective April 28, 2024 unless otherwise noted on the Master Fee Schedule.

PASSED, APPROVED AND ADOPTED this ___ day of __________ 2024 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
131
Resolution No. XX-24

____________________ ________
Libby Vreonis, City Clerk Date
132
Effective April 28, 2024
Master Fee Schedule
133

GENERAL ADMINISTRATIVE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Administrative Hearing Time and Materials Charge
Administrative Penalty Citation $100.00 For 1st citation in 1 year; $200 and $500 for subsequent citations in 1 year Business License Annual Fee $100.00 $100 plus $10 per full time equivalent employee (pro-rated by quarter for new licenses) Business License Transfer of License or Location $10.00 Business License Lost License/Duplicate License $10.00
CASP Annual Fee* $4.00 *This is a third party fee defined in SB 1186 Copy of Meeting on Flash Drive, CD, or DVD Varies, fee is cost of recording media only Copy or Printing Fee-Copier or Printer $0.25 per page For Public Hearing notices, See Planning Fees Copy or Printing Fee-Plotter $0.75 per page
Copying (8 1/2 x 11) $.40 1st page$.25 thereafter
Copying (8 1/2 x 14) $.65 1st page$.50 thereafter
Copying (11 x 17 or color copies) $1.00 1st page$.75 thereafter EV Vehicle Charging Fee $.30/kwh
Filing Fee for Notice of Intent to Circulate an Initiative Petition $200.00 Deposit is refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition.

General Plan Copy Time and Materials Charge
Passport Photos $15.00
Passport Execution Fee $35.00 This fee is set by the Department of State Promotional Items Cost + 10%
Recreation Class Cancellation Fee $12.00
$38 maximum or class fee if cancelled within 2 weeks of the first class All refunds and transfers requested five (5) or more days prior to the start of a class/program will incur a processing fee.

Requests made less than five (5) days prior to the start of a class/program will not be refunded.

Recreation Contract Class Instructor Administrative Fee 30% /20% 30% when an Oakley facility is used and 20% for all others.

Recreation After School Program $215 per month Holidays will be accounted for by reducing the fee by $10 per holiday Recreation Cleaning Rate $95 per hour Time & Material
Will use the per hour rate when a City employee is able to complete the additional cleaning and will charge time and material if a third party is needed
Recreation Summer Camp Program
$125 per week/Resident
$200 per week/Non-Resident
Must show proof of Oakley residency. Holidays will be accounted for by reducing the price $25 per day for residents and $40 per day for non-residents.

Recreation Summer Camp Extended Hours
$50 per week/Resident
$100 per week/Non-Resident
Must show proof of Oakley residency. Holidays will be accounted for by reducing the price $10 per day for residents and $20 per day for non-residents.

Research & Information Services Based on Staff Estimate Time and Materials Charge Return Check Fee $35/$25 $25 for 1st, $35 for Subsequent Subpoena Services $24 per hour plus $.10 per page
Subpoena Witness Fees $275.00 Per Day plus current IRS rate per mile of travel Zoning/Subdivision Map Time and Materials Charge

SPECIAL PERMITS & LICENSES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Adult Business Permits $1,704.00 Time and Materials Charge Massage Parlor Permits $1,196.00 Time and Materials Charge Masseuse Permits $364.00 Ability to charge are subject to limits by State Law.

Bingo Licenses
New $50.00
Renewal $10.00
Public Dance Licenses $406.00
Sound Amplification Permit $406.00
Taxicab Owner Permit $316.00
Taxicab Driver Permit $316.00
Tobacco License $458.18 Per License (Resolution 03-19)

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PLANNING DEPARTMENT DIVISION SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT APPEALS:

Applicant appeal $1,500.00 Time and Materials Charge
Neighbor/Non-Applicant Appeal $109.00
CONDITIONAL USE PERMITS:

Planning Commission/City Council Review $3,500.00 Time and Materials Charge Zoning Administrator Review $649.00
DEVELOPMENT AGREEMENTS:

Preliminary Review ("Merit" Review for Applicant) $500.00 Completion of Review $3,000.00 Time and Materials Charge Construction and Debris Plan Fees (Solid Waste Diversion) $41.00 Residential Density Bonus Review $1,400.00 Time and Materials Charge DEVELOPMENT PLANS/DESIGN REVIEWS:

ZoningAdministrator Review – Minor (Building Additions, Re-Facades, and Re-Paints) $162.00 ZoningAdministrator Review – Major (All Others) $1,215.00 Planning Commission/City Council Review - Minor (ZA referrals, significant painting/facades) $2,400.00 Time and Materials Charge Planning Commission/City Council Review - Major (Tent. Map- Homes, New Commercial/Industrial Construction) $4,000.00 Time and Materials Charge

GENERAL PLAN AMENDMENTS
Preliminary Review ("Merit" Review for Applicant) $2,000.00 Time and Materials Charge Formal General Plan Amendment and Specific Plan Submittal $10,000.00 Time and Materials Charge PERMIT EXTENSIONS:

Administrative $162.00
Public hearing $1,000.00 Time and Materials Charge
REZONINGS:

Rezoning/Zoning Text Amendment $6,500.00 Time and Materials Charge SIGN PERMITS:

Administrative Approval $81.00
Planning Commission City Council Approval $1,500.00 Time and Materials Charge SPECIFIC PLANS:

Preliminary Review ("Merit" Review for Applicant) $2,000.00 Time and Materials Charge Formal General Plan and Specific Plan Submittal or Amendment to Existing Specific Plan $10,000.00 Time and Materials Charge SUBDIVISIONS:

Tentative Map for 5 or More Lots (MajorSubdivision) $12,000.00 Plus $100 per lot/unit over 50 Tentative Parcel Map for Less than 5 Lots(Minor Subdivision) $5,500.00 Time and Materials Charge Reversion to Acreage $1,900.00 Time and Materials Charge Condo/Conversion tentative map $7,000.00 Plus $100 per lot/unit TREES:

Application to Destroy, Cut Down or Remove Protected Tree $450.00 Per tree; only charged if not part of a project Appeal of Decision to Destroy, Cut Down or Remove Protected Tree $140.00 Per tree Damage to Protected Tree (Penalty) Per OMC
VARIANCES:

Planning Commission/City Council Review $2,900.00 Time and Materials Charge Zoning Administrator Review $649.00
OTHER FEES:

Zoning Verification Letter $274.31
Additional HCP Application Review Fee (for applicable projects) $700.00 Time and Materials Charge Firearm Sales License and Renewals $219.00
Home Occupation Permit $109.00
Short Term Rental Permit $129.00
Vendor Permit and Renewal $129.00
Public Hearing Notices $0.25/ per page plus current postage

135

PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT ENCROACHMENT PERMIT REVIEW & INSPECTIONS:

SMALL ENCROACHMENT PERMIT CATEGORY All fees include inspection and current USA fee General Encroachment Permit (Curb, Sidewalk, Driveway) $370.00 Tree Removal $215.00
Debris Box/Storage Container $215.00
Site Access Permit $215.00

LARGE ENCROACHMENT PERMIT CATEGORY
Large Permit <= $10,000 $1,480.00
Large Permit > $10,000 Based on Estimate + Bond (see plan check and inspection rates below)
Time and Materials Charge

OTHER ENCROACHMENT
Utility Company or District Project $445.00 Time and Materials Charge Work Done Without Permits $1,000.00 Plus double inspection and permit fees No Inspection Notification for Permitted Work $1,000.00 Plus inspection fees MAP CHECKING:

Final Map $6,500.00 Time and Materials Charge Plus $60 per lot Parcel Map $3,000.00 Time and Materials Charge Plus $60 per lot Base Map Revision $60.00 Per Lot
Certificate of Correction Review $1,500.00 Time and Materials Charge Amended Map Revision $1,500.00 Time and Materials Charge Plus $60 per lot MISCELLANEOUS ROAD PERMIT APPLICATIONS:

House Move Review $613.00
House Move Inspection $230.00
Extra Legal Load $16.00 $16 set by State; or $100/yr + $100 security deposit Road Closure Permit, Ext / Mod (Major Construction Projects) $3,135.00 PUBLIC IMPROVEMENT PLAN REVIEW:

Plan Review
$10,000 - 25,000 $500.00 Plus 8% of improvements
$25,001 - $50,000 $6,000.00 Plus 6% of improvements
$50,001 or more $7,500.00 Plus 2% of improvements over $50,000 Landscaping Plan Review (Parks Department) $2,000.00 Plus 2% of improvements Commercial Site Plan Review $7,500.00 Plus 2% of improvements C.3 Compliance Review $4,200.00 Time and Materials Charge Bridges or Major Structures $15,000.00 Plus 6% of improvements ROAD VACATIONS:

Map Exists $2,302.00 Time and Materials Charge
No Map Exists $2,302.00 Time and Materials Charge
ROAD MISCELLANEOUS:

Road Name Change-Public Road $1,790.00 Plus $265 for 1 intersection & $64 each additional intersection Address Change/Private Road Name Change $1,790.00
SUBDIVISION MONUMENT CHECKING:
1 - 2 Monuments $575.00
3 - 5 Monuments $690.00
6 - 9 Monuments $800.00
10 or more new monuments $915.00 Plus $66 per monument over 10 Error Resolution / Discussion $1,850.00 Time and Materials Charge TEMPORARY ROAD CLOSURES/CONSTRUCTION/SPECIAL EVENTS:

Not For Profit Applicant $60.00
For Profit Applicant $799.00

136

PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT RELATED REVIEW:

Drainage Review (no improvement plans) $2,400.00 Time and Materials Charge Condition of Approval Annexation Service Fee
CFD No. 2015-2 Annexation Fees - Residential $5,250-$6,500 Based on number of parcels at build out CFD No. 2015-2 Annexation Fees - Commericial or Multi-Family $5,250-$6,250 Based on acres P-6 Annexation Fees - Residential $2,750.00 Based on number of parcels at build out P-6 Annexation Fees - Commericial or Multi-Family $2,750.00 Based on acres Condition of Approval Compliance Check (no improvement plans) $2,000.00 Time and Materials Charge Certificate of Compliance $2,475.00 Time and Materials Charge Lot line adjustment $3,900.00 Time and Materials Charge PUBLIC IMPROVEMENT INSPECTION:
$10,000 - $50,000 $2,000.00 Time and Materials Charge Plus 6.5% of improvements $50,001 - 100,000 $6,000.00 Time and Materials Charge Plus 6.5% of improvements $100,001 or more $15,000.00 Time and Materials Charge Plus 4.5% of improvements over $100,000 Commercial Site Plan Inspection $6,500.00 Time and Materials Charge Plus 8% of improvements Bridges or Major Structures $14,000.00 Time and Materials Charge Plus 7% of improvements Landscaping (Parks Department) $3,500.00 Time and Materials Charge Plus 8% of improvements FLOODPLAIN MANAGEMENT PROGRAM:

Flood Zone Determination - Office Review $80.00 Per lot, $402 max for adjacent lots Flood Zone Determination - Field Visit Review $432.00 Plus $67/lot, $734 max for adjacent lots Floodplain Management Compliance $48.00 Per Parcel
Floodplain Permit Application $2,000.00 Time and Materials Charge Floodplain Base Map Revision $56.00 Per Lot
Floodplain Map Amendments $2,000.00 Time and Materials Charge GRADING:

Plan review:
$100,000 or less $3,000.00 Time and Materials Charge Plus 3% of improvement value $100,001 or more $4,000.00 Time and Materials Charge Plus 1% of amount over $100,000 Inspection:
$100,000 or less $5,000.00 Plus 5% of improvement value $100,001 or more $6,000.00 Time and Materials Charge Plus 4% of amount over $100,000 Stock Pile Permit $3,000.00 Time and Materials Charge

137

POLICE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Abandoned Vehicle No Charge
ABC Permit Letter $50.00
Accident Report - Property Damage Only $12.00
Accident Report - Injury (1-20/20+ / Extensive) $12.00
Photos to CD or flash drive $25.00
Booking Fee $564.00 * This fee is charged by CCC, Sheriff Citation Sign-Off $0.00 No Charge
Vehicle Inspection – Resident No Charge
Vehicle Inspection – Non-resident $38.98
Clearance Letter:

Fee for Resident $15.00
Fee for Non-Resident $42.00
Concealed Weapons Fee:

Initial Fee (Plus State Fingerprinting Processing Fee) $450.00 Plus Current DOJ Fees Renewal Fee (Plus State Fingerprinting Processing Fee) $75.00 Plus Current DOJ Fees Crime Reports $12.00 * no charge for victims of a crime DUI Emergency Response Cost Recovery Actual cost for staff, equipment, lab work.

False Alarm Response (more than 2 in 30 days) $100.00 After 2 alarms in 30 days Livescan Applicant Fingerprinting $21.00 Plus Current DOJ Fees Gun Storage Services pursuant to Court Order:

Administrative Processing Fee Per Incident $12.00
Storage Fee (per month or any fraction thereof) per Gun $5.00 Parking Fines
CVC 21113(a), 21211(b), 21458(a)(1), 21458(a)(2), 22500.1, 22500(a), 22500(b), 22500(c), 22500(d), 22500(e), 22500(f), 22500(g), 22500(h), 22500(k), 22502(a), 22502(e), 22505(b), 22514, 22515(a), 4464 $45.00 CVC 22500(i) $260.00
CVC 22500(l), 22507.8(a), 22507.8(b), 22507.8(c), 22511.56(b), 22522, 4461 $285.00 CVC 22509, 22651.5, 24002(a), 4462(b), 5200(a), 5201, 5201(c) 5204, 9853.2, 9853.4(a) CO 46-4.004 $35.00
CVC 2500(j), 4000(a)(1), 9850 $50.00
CVC 22523(a), 22523(b) $108.00
CVC 38010(a), 38020 $75.00
CO 46-4.003 $60.00
CO 46-8.004 $40.00
Parties and Nuisances – Subsequent Calls for Service Hourly Charge; $415 minimum Review of Local Criminal History $44.00
Rotational Tow Application Fees $350.00
Special Event Permit –No ABC Liquor License Letter Required $411.00 Special Event – Non-Profit Organization (with or without ABC letter) Second Hand Dealer License/Pawns $165.00 Plus Current DOJ Fees Solicitor/Peddler Permits $245.00
Subpoena Duces Tecum (Per EC 1563) $24 per hour plus $.10 per page Per EC 1563 Production of Documents Only $15.00
Appearance Request (officer/records) $275.00
Vehicle Abatement $492.00
Vehicle Repossession Fee (VIN Verification charge individuals only) $70 $20 *per state law can only charge $15 plus a $5 admin fee Stored Vehicle Release – Recovered Stolen Vehicle No Charge Stored Vehicle Release $100

138

OTHER INSPECTION FEES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Inspections Outside of Normal Business Hours $69.25 Per Hour (Minimum of 2 Hours) RE-Inspection Fees Assessed Under Provisions of Section 305.8 $69.25 Per Hour Inspections for Which no Fee is Specifically Indicated $69.25 Per Hour Additional Plan Review Required by Changes, Additions & Revisions to Plans $78.50 Per Hour For Use Outside Consultants for Plan Checking & Inspections or Both Time and Materials Charge Energy Compliance Fees 25% of the Building Fee Applicable to all Structures with Heaters or any Conditioned Space Access Compliance Fees
25% of the Building Fee Applicable on all Buildings Except Residential Use Buildings with Fewer Than four (4) Dwelling Units
Landscape Improvement Inspection Single Family $150.00 Per Lot if not certified by a qualifed inspector

ADDITIONAL FEE OR DEPOSIT COMMENT
The work listed in this supplement shall be valued based on the gross square footage of the work, or where noted, as a lump sum. Where actual costs are higher, those costs shall be used for the valuation.

Residential Addition $ 94.80 Sq. Ft.

Residential Remodel (to existing floor area) By Value
Residential Use Conversion from Garage By Value
Sun room with 60% glazing, cabanas, other similar structures if conditioned space and Integrated with main Structure $18.65 Sq. Ft.

Patio Cover By Value $16.79Per Sq Ft.

Deck $13.56 Sq.Ft.

Deck - With Cover By Value
Retaining Wall By Value
Freestanding Fence By Value
Portable Doughboy Pools or Portable Spa (Electrical & Plumbing if Applicable) $156.16 Includes Applicable City Fees By Value Portable Doughboy Pools or Portable Spa With Gazebo or Decking By Value Remodel or Tenant Improvement Work in Commercial Buildings By Value Re-Roofing-Single Family or Duplex $264.25 $178.80 Includes Applicable City Fees Commercial Building Re-Roof By Value
Pre Fabricated Home on Permanent Foundation (Use minimum Electrical, Mechanical, and Plumbing Inspection Fees) By Value Moved Building By Value
Solar $303.95 Includes Applicable City Fees
Water Heater $55.97 Includes Applicable City Fees
HVAC By Value- Building fee reduced by 50% -energy effiecient permit Windows By Value- Building fee reduced by 50% -energy effiecient permit $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof

BUILDING VALUATION DATA SUPPLEMENT
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,000.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00
$1,000,001.00 and UP
$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.000

SCHEDULE OF CONSTRUCTION PERMIT FEES
$1.00 to $2,000.00 $69.25

TOTAL VALUATION FEE

BUILDING FEES

139

ELECTRICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 25% of the Building Permit Fee, $69.25 minimum Shell Building 25% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 20% of the Building Permit Fee, $69.25 minimum Electrical Permit $69.25 minimum. See * note.

MECHANICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 10% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 15% of the Building Permit Fee, $69.25 minimum New Commercial Building 15% of the Building Permit Fee, $69.25 minimum Shell Building 15% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 10% of the Building Permit Fee, $69.25 minimum Mechanical Permit $69 25 minimum. See * note below

PLUMBING INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 20% of the Building Permit Fee, $69.25 minimum Shell Building 20% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 15% of the Building Permit Fee, $69.25 minimum Plumbing Permit $69 25 minimum. See * note below

MISCELLANEOUS FEES FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Re inspections (When return trips to the site by an inspector are necessary) $69.25 Per Hour Owner-requested inspection of an existing building $69.25/$207.75 Per Hour with a 1 Hour Minimum. If Overtime is required the rate shall be $207.75 per hour with a 1 Hour Minimum
Inspection for Change of Occupancy $80.00 Per Hour with a 1 Hour Minimum Investigation of work without permit. When a Stop Work Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be issued for such work.

An investigation fee shall be charged equal to two times the amount of all permits fees required by this ordinance, with a minimum of $125.00. The fee is additive to the permit fees. This provision shall not apply to emergency work when it can be proven to the satisfaction of Building Official that such work was urgently necessary, that it was not practical to obtain a permit before the work was commenced, and that a permit was applied for as soon as practical. * A plumbing permit is required for all plumbing work regulated by the Plumbing Code. Fees for work not included in Items 1-5 above shall be calculated using Building Fees and based on the contract amount of the plumbing work. Where such plumbing work is performed in conjunction a building permit, the fee may be added to that permit, and a separate plumbing permit is not required. *A mechanical permit is required for all mechanical work regulated by the Mechanical Code. Fees for work not included in Items 1-5 above shall be calculated using Building Fees and based on the contract amount of the mechanical work. Where such mechanical work is performed in conjunction a building permit, the fee may be added to that permit, and a separate mechanical permit is not required. *An electrical permit is required for all electrical work regulated by the Electrical Code. Fees for work not included in items 1-5 above shall be calculated using Building Fees and based on the contract amount of the electrical work. Where such electrical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate electrical permit is required.

140

PERMIT PROCESSING AND ISSUANCE PROGRAM FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Plan Review -Applicable when plans are required beyond a plot or site plan. 65% of Building Permit Fee Applicable when review for compliance can be determined through a plot or site plan, or references to a master plan previously reviewed and approved by the department.
25% of Building Permit Fee. (Subsequent houses also). $78.50 per hour minimum.

Additional Processing
Applicable when additional plan review is required due to: 1) incomplete or unacceptable follow-through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) revisions submitted during construction to reflect field changes. $78.50 Per Hour Plan Scanning:

Scanning of File $10.00 per file
Large Format Scanning $25.00 per file
8 1/2 x 11 $0.13 Per Sheet
11 x 17 to 12 x 18 $0.25 Per Sheet
17 x 22 to 18 x 24 $0.81 Per Sheet
24 x 34 to 24 x 36 $1.62 Per Sheet
36 x 44 to 36 x 48 $2.97 Per Sheet
Large Format Scanning $0.27 Per Square Foot

CONSTRUCTION INSPECTION PROGRAM ADDITIONAL FEE OR DEPOSIT COMMENT Building Permit The Building Permit fee shall be as set forth in the Fee Schedule (Table No. 1-A) Energy Compliance
25% of Building Permit or processing fees. Applicable on all structures with heated or air conditioned space.

Accessibility
25% of Building Permit or processing fees. Applicable on all building permits except residential use buildings with fewer than 4 dwelling units.

State of California Earthquake Assessment Fee
Residential: .10 .13 per each $1,000 building Valuation Commercial: .21 .28 per each $1,000 building Valuation
Habitat Conservation Plan-Permanent Impacts (HCP/NCCP)
HCP/NCCP Fee Calculator https://www.cocohcp.org/DocumentCenter/View/1493/PermanentImpacts_Fee-Calculator_2023_PSE Habitat Conservation Plan-Temporary Impacts (HCP/NCCP)
HCP/NCCP Fee Calculator https://www.cocohcp.org/DocumentCenter/View/1495/TemporaryImpacts_Fee-Calculator_2023_PSE

ADMINISTRATION AND OVERHEAD COSTS - ACTUAL COSTS
Actual costs include the City's administrative and overhead costs.

Section 2: VALUATION
The valuation to be used in computing Construction Permit Fees shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, beating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment.

For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included.

The valuation of grading, retaining walls, paving and other site work, and any demolition work, shall be included unless such work was included in other permits issued by the Building Inspection Department.

The valuation data is used to establish consistent criteria for calculating permit fees, and the calculated total valuation does not necessarily reflect actual costs. The County Assessor does not rely on these costs, but performs independent assessments of the permitted work.

City of Oakley administrative and overhead costs are equal to 27% of all Construction Permit Fees. The City's administrative and overhead costs shall be included in the total amount charged for all Building Inspection Department services in a manner prescribed by the Building Inspection Department.

The determination of value or valuation under any provisions of the City Building Code shall be made by the Building Official. The total valuation to be used with the Fee Schedule shall be determined using the Building Valuation Data contained in the Building Standards magazine, published by the International Conference of Building Officials, Whittier, California. The data in the March-April issue of each year shall be used for the ensuing fiscal year. Work not listed in the Building Valuation Data shall be valued per the Building Valuation Data Supplement.

141

CODE ENFORCEMENT FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Annual Rental Registration & Inspection fee $108.00
Fee for property not inhabited by tenants or vacant and not listed for rent on January 1st of each calendar year will be prorated on a monthly basis
Re-Inspection Fee $112.00
Non Compliance for Failure to Register & Pay Fee/Code Enforcement Violations:

First Citation $100.00
Second Citation $200.00
Third Citation $500.00
Administrative Penalty Citation for Building and Safety Codes First Citation $130.00
Second Violation of the Same Ordinance Within One Year $700.00 Each Additional Violation of the Same Year Within One Year of First $1,300.00 Rental Property Owners failing to register and pay the annual fee by January 31st of the calendar year or within 30 days of renting the property will be issued an Administrative Citation.

Administrative Citations are in addition to the Rental Registration and Inspection Fee and any other citations issued for Building and/or Code Enforcement violations.

142
User Groups:

Group 1: Oakley Resident, Oakley Based Businesses and Oakley Based Non Profits Group 2: Non-Resident and Non-Oakley Based Non Profits
Group 3: Community Partner
Group 4: Private Business, Group or Organizations
FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Sports Area $7.00 per hour $11 per hour $17.00 per hour $26 per hour As Outlined in Individual Agreement $40.00 per hour $60 per hour Creekside and Nunn Wilson Park Group Picnic Areas (up to 100 people) $100 per day $125 per day As Outlined in Individual Agreement $200 per day Crockett and Summer Lake Park Group Picnic Areas (under 50 people) $75 per day $100 per day As Outlined in Individual Agreement $150 per day Temporary Use Permit $100 application fee + $500 deposit Special Event/Road Closure Permit (if required) $50 application fee* Park Rental Fee $250 per day
FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Oakley Recreation Building Studio 1 Only available for parties with 50 or less people Monday -Thursday

$55 per day hour $75 per day hour As Outlined in Individual Agreement $100 per day hour Recreation Center Great Room M-Th $150.00 per day $158 per hour F-Su $225.00 per day $236 per hour
Add on Kitchen to full room rental or side A for $100
M-TH $175.00 per day $184 per hour
F-Su $250.00 per day $263 per hour
As Outlined in Individual Agreement
M-TH $225.00 per day $236 per hour
F-Su $300.00 per day $ 315 per hour
Recreation Center Side A or Side B M-Th $75.00 per day $79 per hour F-Su $115.00 per day $121 per hour
Add on Kitchen to full room rental or side A for $100
M-TH $100.00 per day $105 per hour
F-Su $135.00 per day $142 per hour
As Outlined in Individual Agreement
M-TH $125.00 per day $131 per hour
F-Su $150.00 per day $158 per hour
Kitchen Available Monday - Friday $45 per hour $47 per hour $50 per hour $53 per hour As Outlined in Individual Agreement $50 per hour $53 per hour Recreation Center Deposit $250, insurance required on all rentals. *Large events and events serving alcohol will require $500 deposit and security as approved by the Chief of Police

CIVIC CENTER PARK STAGE & AMPITHEATER

PICNIC AREA AND SPORTS FIELDS

PARKS & RECREATION
A $150 damage deposit is due at the time of application to reserve any park or sports area.

RECREATION CENTER FEES
*Additional fees may apply based on the nature of your event

143
RESIDENTIAL CUSTOMERS 07/01/2023-06/30/2024 MONTHLY FEE 32 Gallon Trash Service $49.64
64 Gallon Trash Service $69.42
96 Gallon Trash Service $78.76
32 Gallon Senior-Low Income Trash Service $42.14
Additional Recycling Container $15.59
Additional Green Waste Container $15.59
RESIDENTIAL CUSTOMERS 07/01/2024 - 06/30/2025 MONTHLY FEE 32 Gallon Trash Service $51.34
64 Gallon Trash Service $71.79
96 Gallon Trash Service $81.46
32 Gallon Senior-Low Income Trash Service $43.58
Additional Recycling Container $16.12
Additional Green Waste Container $16.12

RESIDENTIAL CUSTOMERS FEE COMMERCIAL CUSTOMERS FEE
Account reinstatement Fee $20.00 Account reinstatement Fee $75.00 Go-Back Service Fee $35.00 Go-Back Service Fee $35.00
Same Day Service Fee $55.00 Same Day Service Fee
Cart Service (per cart) $40.00
Bin Service (per bin) $115.00
Admin Fee (Payment w/live Rep) $2.00 Admin Fee (Payment w/live Rep) $2.00 Overloaded/Contaminated Container Overloaded/Contaminated Container 1) First offense - Phone call - 1) First offense - Phone call - 2) Second offense - Phone call and warning letter - 2) Second offense - Phone call and warning letter - 3) Third offense - Letter and fee $50.00 3) Third offense - Letter and fee - a) Cart Fee $75.00
b) Bin Fee $150.00
MT. DIABLO RESOURCE RECOVERY /SANITATION AND REFUSE FEES

MISCELLANEOUS FEES AND CHARGES

144

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 27, 2024
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk/Paralegal
SUBJECT: Waive the First Reading and Introduce an Ordinance Regarding Administrative Fines for Unlicensed Commercial Cannabis Activity Including Cultivation, Manufacturing, Processing, Distribution or Retail Sale of Cannabis and Declaring Such Activity a Public Nuisance Background and Analysis
AB 1684 (Maienschein) was approved by the Governor on October 8, 2023, and codified as California Government Code §53069.4. Effective January 1, 2024, the statute allows for immediate imposition of administrative fines or penalties for all unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis through adoption of an ordinance and authorizes the ordinance to declare unlicensed commercial cannabis activity a public nuisance. It also allows for administrative fines not to exceed $1,000 per violation or $10,000 per day. The administrative fine or penalty may be imposed on the property owner and each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and hold them jointly and severally liable. It also allows agencies that have adopted an ordinance with these provisions to refer matters involving unlicensed commercial cannabis activity to the Attorney General.

Consistency with the Oakley Strategic Plan 27+
The proposed ordinance is consistent with the Oakley Strategic Plan 27+ Community Health & Safety Goal to prohibit unlicensed commercial cannabis activity.

Fiscal Impact
Currently, the City is authorized to issue administrative fines in escalating order of $100, $200, and $500 for code violations pursuant to California Government Code §36900(b). The proposed ordinance would increase the minimum administrative fine to $1,000 per violation and maximum administrative fine to $10,000 per day for unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis.

Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance.

Approved and
Forwarded to the
City Council
145

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Attachments

1. Proposed Ordinance
146
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ORDINANCE NO. X-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 41 REGARDING ADMINISTRATIVE FINES FOR UNLICENSED

COMMERCIAL CANNABIS ACTIVITY AND DECLARING IT A PUBLIC NUISANCE, AND AMENDING OAKLEY MUNICIPAL CODE SECTIONS 1.5.002 AND 1.5.206 TO

REFERENCE SAID FINES
WHEREAS, AB 1684 was approved and codified as Government Code §53069.4 on October 8, 2023, and
WHEREAS, effective January 1, 2024, the statute allows for immediate imposition of administrative fines or penalties for all unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis through adoption of an ordinance and authorizes the ordinance to declare unlicensed commercial cannabis activity a public nuisance, and
WHEREAS, the statute allows for administrative fines for unlicensed commercial cannabis activity not to exceed $1,000 per violation or $10,000 per day, and WHEREAS, the administrative fine may be imposed on the property owner and each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and hold them jointly and severally liable, and WHEREAS, agencies that have adopted an ordinance with these provisions can refer matters involving unlicensed commercial cannabis activity to the Attorney General.

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

SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.

Oakley Municipal Code Section 1.5.002 is amended as follows:

1.5.002 Violations as Misdemeanors or Infractions; Public Nuisances. a. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to any City ordinance or the provisions of any Code adopted by reference by any City ordinance, or any condition of an approval, permit or license granted pursuant to any City ordinance. Any person violating any of such provisions or failing to comply with any of such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable accordingly.
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b. Notwithstanding subsection (a) of this section or any other provision of any City ordinance, any violation constituting a misdemeanor may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. c. Where no specific penalty is provided therefore, any person convicted of a misdemeanor under the provisions of a City ordinance shall be punishable by a fine of not more than $1,000, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
d. Any person convicted of an infraction under the provisions of a City ordinance shall be punishable for a first conviction by a fine of not more than $100, for a second conviction within a period of one year by a fine of not more than $200, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500. e. Notwithstanding § 1.5.002(d), any person convicted of an infraction under the provisions of an ordinance of this city for unlicensed commercial cannabis activity shall be punishable by fine not to exceed $1,000 per violation and shall not exceed $10,000 per day. This section does not limit immediate imposition of larger fines otherwise authorized by law and does not limit administrative fines or penalties imposed after notice and a reasonable time to correct when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety.
e. f. In addition to the penalties by this section any condition caused or permitted to exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to any City ordinance, or the provisions of any Code adopted by reference by any City ordinance, or in violation of any condition of an approval, permit or license granted pursuant to a City ordinance, shall be deemed a public nuisance and may be abated by the City in a summary action pursuant to this Title, or any civil action, and each day such condition continues shall be a new and separate offense.

SECTION 2. AMENDMENT OF OAKLEY MUNICIPAL CODE.

Oakley Municipal Code section 1.5.207 is amended as follows:

1.5.207 Amount of Civil Fines.
a. The amount of the fines for violating particular provisions of this code shall be set in a schedule of fines adopted by resolution by the City Council and shall be consistent with the fine amounts authorized by Government Code Section 36900 or successor legislation. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time.
b. Notwithstanding §1.5.207(a), fines for violating provisions of this code relating to unlicensed commercial cannabis activity may be assessed as authorized by Government Code Section 53069.4 or successor legislation. 148
Ordinance No. X-24 Page 3 of
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bc. The schedule of fines may also specify the amount of interest and late payment penalty owed for any fine not paid when due. A late payment penalty and interest shall be owed for fines not paid within 30 days of their due date. cd. Fines are due on the day the citation is issued, except that fines for building violations shall be due on the day the Notice of Non-Correction is issued.

SECTION 3. ADDITION OF CHAPTER 41 TO THE OAKLEY MUNICIPAL CODE.

Chapter 41 of the Oakley Municipal Code is added as follows:

CHAPTER 41

UNLICENSED COMMERCIAL CANNABIS ACTIVITY

4.41.102 Purpose.

The intent of this chapter is to allow imposition of fines related to unlicensed commercial cannabis activity as authorized by Government Code Section 53069.4, notwithstanding Government Code Section 36900, and any other fines allowed by law.

It is also the intent of this chapter to declare such activity a public nuisance. This chapter is not intended to and does not authorize any commercial cannabis activity, whether by license or otherwise.

4.41.104 Definitions.

For purposes of this chapter:
a. “Cannabis” refers to any type of Cannabis plant, including Cannabis sativa Linnaeus, Cannabis indica, Cannabis ruderalis, and any hybrids of different types of Cannabis plants. Hemp plants and cannabidiol (commonly referred to as “CBD”) products, are not included in this definition and are subject to Oakley Municipal Code §4.12.110.
b. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis.
c. “Cultivation” refers to any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
d. “Distribution” refers to the procurement, sale, and transport of cannabis and cannabis products between licensees.
e. “Manufacturing” refers to creating cannabis products through cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or 149
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topical product containing cannabis or concentrated cannabis and other ingredients.
f. “Processing” refers to trimming, drying, curing, grading, packaging, and labeling of cannabis products.
g. “Retail sale” refers to any transaction whereby, for any consideration, cannabis or cannabis products is transferred from one person or entity to another.

4.41.106 Unlicensed Commercial Cannabis Activity.

Unlicensed commercial cannabis activity is unlawful and a public nuisance.

4.41.108 Violation for Unlicensed Commercial Cannabis Activity. a. Administrative fines or penalties for persons or entities engaging in all unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis may be immediately imposed. b. Notwithstanding Government Code Section 36900, or any other provision of law, administrative fines for unlicensed commercial cannabis activity shall not exceed $1,000 per violation or $10,000 per day.
c. An administrative fine under this chapter may be imposed on the property owner and each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and hold them jointly and severally liable.

4.41.110 Referral of Matters to Attorney General.

Matters involving unlicensed commercial cannabis activity may be referred to the Attorney General.

SECTION 4. CEQA FINDING.

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

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
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SECTION 6. EFFECTIVE DATE.

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

SECTION 7. PUBLICATION.

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

PASSED AND ADOPTED this 27th day of February, 2024 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Anissa Williams, Mayor
ATTEST:
____________________________ ____________________
Libby Vreonis, City Clerk Date
151

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 27, 2024
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Adopt a Resolution to Establish a Library and Community Center Project Specific Sub-Committee
Background and Analysis
At the February 13th City Council meeting, an update was provided on the Library and Community Center Project. During that update, it was mentioned that there are going to be future stakeholder meetings and continued meetings with Supervisor Burgis’s office regarding the project and to develop a funding strategy to close the financial gap between what the City can assemble today versus what is needed based on the direction the City Council gave Staff at its November 14th City Council meeting. The direction given to Staff was to find additional funding for the project that would allow the City to construct up to an approximately 27,000 square foot building instead of the 9,000 square foot concept that Staff presented.

Staff is requesting the City Council establish a project specific sub-committee that will focus on this next phase of work. Contrary to local standing committees, project specific subcommittees are not subject to the Brown Act because they are of limited duration, have a very specific scope and meet infrequently.

In addition to establishing the sub-committee, Staff is also looking for direction related to the length of time the City Council would like to dedicate to this effort to find additional funding. Staff, in an effort to start the conversation, proposes the City Council use the rest of this calendar year as the timeframe for this effort.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Collaborative Partnerships goal of the Strategic Plan 27+.

Approved and
Forwarded to the
City Council
152

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
There is no fiscal impact associated with establishing this project specific City Council Sub-Committee.

Staff Recommendation
Staff recommends that the City Council approve the resolution establishing the Library and Community Center Project Specific Sub-Committee and appoint no more than two Councilmembers to the committee.

Staff is also looking for direction on how long the City and it’s community partners should seek funding for, specifically to obtain funding to build the 27,000 square foot Library and Community Center facility that has recently been discussed.

Attachments

1. Draft Resolution
153
Resolution No. XX-24 Page 1 of 1
RESOLUTION NO. XX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

ESTABLISHING A LIBRARY AND COMMUNITY CENTER PROJECT SPECFIC

SUB-COMMITTEE
WHEREAS, the City Council has determined that a Library and Community Center project specific Sub-committee would be beneficial to the City at this current time; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley, that the Library and Community Center project specific Sub-committee is hereby established. The City Council has appointed ____________ and _____________ to serve on the committee; and
BE IT FURTHER RESOLVED that the committee shall end on December 31, 2024, if not extended prior to that date.

PASSED AND ADOPTED by the City Council of the City of Oakley this 27th day of February 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________ Anissa Williams, Mayor
ATTEST:
____________________ ___________________ Libby Vreonis, City Clerk Date 154

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: February 23, 2024
TO: Joshua McMurray, City Manager
FROM: Derek Cole, City Attorney
SUBJECT: Resolution of the City Council of Oakley Declaring the Existence of a Local Emergency Due to the City’s Sustaining of a Cyberattack on February 22, 2024
Background and Analysis
The City sustained a ransomware cyberattack on February 22, 2024. At the time of this writing Staff does not have full details about the scope and potential consequences associated with this attack. The City Manager declared a local emergency due to the cyberattack on February 23, 2024, the date of this Staff Report. Staff intends to have a more complete understanding of the impact of this matter at the City Councils regular meeting on February 27, 2024, when the Council will be requested to ratify and extend the declaration of the local emergency. A full report will be provided to the Council before it is requested to take this action.

Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with The City’s Sustainable Organization Goal.

Fiscal Impact
The fiscal impact associated with cyberattack could be significant, but no reliable estimate of such impact can be provided at this preliminary stage in responding to the event.

Staff Recommendation
The City Council is requested to adopt the Resolution of the City Council of Oakley Declaring the Existence of a Local Emergency Due to the City’s Sustaining of a Cyberattack on February 22, 2024.

Attachments
Proposed Resolution Declaring Local Emergency
Approved and
Forwarded to the
City Council
155
RESOLUTION NO._________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE CITY’S SUSTAINING OF A CYBERATTACK ON FEBRUARY 22, 2024 WHEREAS, California Government Code Section 8630 empowers the City Council to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, on February 22, 2024, the City suffered a cyberattack, which has crippled access to City servers, electronic data, and institutional technology resources; and
WHEREAS, on February 23, 2024, the City Manager declared a local emergency due to the February 22, 2024 cyberattack; and
WHEREAS, the impacts concerning the cyberattack continue to be experienced such that the City continues to sustain acts that may create conditions of danger or extreme peril to the safety of persons or property within the limits of the City; and
WHEREAS, the impacts associated with the cyberattack are likely to be beyond the control of the services, personnel, equipment, and facilities of the City.

NOW, THEREFORE, BE IT RESOLVED that a local emergency exists throughout the City of Oakley.

BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination by the City Council, and in compliance with California Government Code Section 8630, the City Council shall review the need for continuing the emergency declaration at least once every 60 days until termination.

BE IT FURTHER RESOLVED that the City Manager, in consultation with the Mayor and with the advisement of the City Attorney, shall have the power to take such actions as are reasonable under the circumstances to carry out any of the directives or duties necessary to effectuate the goals and objectives of this declaration.

The foregoing resolution was adopted at a regular meeting of the City Council of the City of Oakley held on the 27th day of February 2024, 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:
156
AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Anissa Williams, Mayor
ATTEST:
______________________________________
Libby Vreonis, City Clerk Date
157

MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.CA.US Date: February 27, 2024
To: Mayor and City Council
From: Joshua McMurray, City Manager
Subject: New Rail Platform Safety Plan Memo
At the November 14, 2023 City Council Meeting, Councilmember Fuller requested, and at the time Vice Mayor Williams seconded, a future agenda item request that specifically addressed the safety aspect of the downtown train platform. This memorandum will address that topic.

The City has discussed the downtown train platform project since 2014 and over the past decade, the City has been bringing that concept into reality. In the coming months, the City Council will be asked to accept the recently constructed public improvements that will support the future train platform, expected to start construction later this year. Throughout the entirety of the City’s plan to bring a multi-model train platform and transit hub to the downtown, the safety of the facility and the surrounding area has been at the forefront of most every discussion.

The issue of safety can be broken out into three areas: (1) design of the platform and associated improvements, (2) enforcement by the Oakley Police Department and (3) and responding to concerns in a timely manner.
(1) The train platform has been placed in an area of the downtown that is flat and open. The purpose of that is to ensure we have a very visible facility. The train platform is also being designed to house as few structures (kiosks, shelters, etc.) as possible in an effort to discourage or eliminate to the extent possible, graffiti and vandalism. Additionally, the City will install numerous cameras (in excess of 20), including license plate readers, around the train platform and the new street and parking areas.
(2) The Oakley Police Department has been aware of this project for some time. I have discussed with the Police Chief ensuring there will be an enhanced, proactive approach to patrol when the train platform is operational. We now have a Special Services Team that can also be used to address specific issues that may arise although I think it is premature to identify or anticipate all likely scenarios at this point. In practice, the Police Department will do their job to enforce laws and ensure the areas around the train platform are safe. 158
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.CA.US (3) We will also need to rely on the community to be aware of and report things that they see. We have a great track record of being responsive to issues throughout the entirety of the City and we are committed to ensuring we actively and thoroughly address concerns as they are brought to our attention.

We can periodically push out a “see something/say something” public engagement campaign via our social media and two newsletters. 159
Oakley Police Department
Annual Update- 2023
February 27, 2024
160
• Chief Paul Beard- 34 years CCCSO/Oakley PD
• Department Head, overall responsibility for the operation of the Police Department
• Lieutenant Robert Roberts- 28 years CCCSO/Oakley PD
• Operations Commander, responsible for all field related matters
• Lieutenant Logan Cartwright- 21 years CCCSO/Oakley PD • Support Services Commander, responsible for
administrative matters and Records Staff
Command Staff Responsibilities
161

MISSION OF THE PD
•Enforce the law
•Protect others from harm
•Keep peace and restore order
•Maintain the upper hand on the criminal
element
•Safeguard City interests
•Build community relations
162

CHALLENGES FACING THE POLICE
(SOCIETY)
• LEGISLATION
• AB 109 (2011) “California Public Safety Realignment Act” • Less serious felony convictions stay out of prison
• Local (county probation) supervision vs. State Parole • Prop 47 (2014) “Safe Neighborhoods and Schools Act”
• Declassified felony crimes down to misdemeanors
• Prop 57 (2016) “The Public Safety and Rehabilitation Act” • Release of non-violent offenders regardless of propensity for violence

WE ALL LOSE WITH LEGISLATION LIKE THIS
163

CHALLENGES FACING THE POLICE
(SOCIETY) CONT.
• According to 2023 reports, California currently
ranks 17th in national violent crime rates, with a

6.1% increase from 2021 to 2022
• California had a slight decrease in homicides, but
a significant 10.2% rise in robberies
•
164

CHALLENGES FACING THE POLICE
(SOCIETY) CONT.
• California ranks third among states with the
highest vehicle theft rates
• 14 out of every 1,000 registered vehicles are
reported stolen
165

CHALLENGES FACING THE POLICE
(SOCIETY) CONT.
• Driving behaviors of California motorists have
become more aggressive, egregious and
dangerous
• The threat of sideshow activity has not waned
166

WHO DID WE HIRE & WHERE
ARE THEY FROM??

DETECTIVE NICHOLAS PISTELLO ALAMEDA PD

OFFICER ARTURO HURTADO PITTSBURG PD

DETECTIVE BRANDYN GILL DALY CITY PD

OFFICER CONNOR JOHNSON CCC SHERIFF

OFFICER CAMERON TAYLOR ALAMEDA SHERIFF

OFFICER KARL WADE ALBANY PD
167

STAFFING LEVELS
•The Oakley Police Department is allotted 41
sworn positions from the Chief down to the
most junior officer
•On paper we are in pretty good shape by
having a total of 40 sworn personnel
168
STAFFING LEVELS cont.

Out of our staffing numbers we have to start backing
some positions out to reflect true operational
capacity:
•Our THREE administrators are not operational
•We have a total of FOUR personnel out on
extended injuries
169
STAFFING LEVELS cont.

ATTRITION DURING 2023
• One officer left our agency for family reasons to
work closer to his home
ANTICIPATED ATTRITION FOR 2024
• Possibly two service retirements this year
170
STAFFING NUMBERS cont.

POSITION ALLOTMENT ACTUAL
CHIEF 1 1
LIEUTENANT 2 2
SERGEANT 7 7
PATROL*** 16 16
INVESTIGATIONS 4 4
TRAFFIC 3 3
CANINE*** 1 0
SRO 1 1
SPECIAL SERVICES TEAM 4 2
VACATION RELIEF 2 0
INJURED OFFICERS 0 4
TOTAL 41 40
171
STAFFING NUMBERS cont.

For the 2022 annual report we only had
25 people to do the operational work
of 37 people for an operational sworn
work force size of only:
68%
172
STAFFING NUMBERS cont.

Due to continued aggressive hiring
efforts between the PD and HR we are
in much better shape than we were last
year.
173
STAFFING NUMBERS cont.

To put all of this in perspective, this
Council, and various City Departments,
have shown it is dedicated to the public
safety of the Community of Oakley as
evidenced by the fact we now have 33
people to do the operational work of
38 people.
174
STAFFING NUMBERS cont.

This means we are now running at 87%
of our allotted sworn operational
staffing, which again, is up from 68% at
this time last year.
175
STAFFING NUMBERS cont.

This increase of a full 19% of the
operational work force has allowed us
to fully staff our Investigations and
Traffic Units. It has also allowed us to
open a new specialty unitthe Special Services Team.
176

BEAT/PATROL TEAM STRUCTURE
•We have three patrol beats
•Beat 1 covers the West portion of the City
•Beat 2 covers the East portion of the City
•Beat 3 covers the Central portion of the City
•Each beat is aligned to have a fairly even number of
calls for service
177

CALLS FOR SERVICE
We categorize our calls for service by what priority they are.

Calls for service January 1, 2023 through December 31, 2023:
• PRIORITY 1- A call that is an emergency in nature or an in progress crime (2,053 calls)
• PRIORITY 2- A call of urgent nature (2,838 calls)
• PRIORITY 3- A non-urgent call/cold reports (15,157 calls) • TOTAL CALLS FOR SERVICE- 20,048
178
CALLS FOR SERVICE cont.

FOR REFERENCE HERE ARE THE TOTAL NUMBERS OF
CALLS FOR SERVICE FOR THE PAST THREE YEARS:
• 2021 27,036
• 2022 25,003 -8% TOTAL CALLS
• 2023 20,048 -20% TOTAL CALLS
179

KEY STATISTICS
2022 2023
MURDER 1 2 100%
RAPE 4 4 0%
D.V. 58 94 62%
ADW 24 24 0%
ROBBERY 10 23 130%
PETTY THEFT 153 159 4%
COMM. BURG 26 32 24%
180
KEY STATISTICS cont.
2022 2023
RES. BURG 24 27 12%
AUTO BURG 48 48 0%
VEH. THEFT 111 147 32%
TC PROP 129 145 13%
TC INJURY 50 42 -16%
TC FATAL 2 3 50%
DUI 67 57 -15%
181
KEY STATISTICS cont.

TOTALS OF KEY STATISTICS:
2022 707
2023 807
182

MITIGATION EFFORTS
Several steps have been taken to push back
against a rise in crime.

It should be noted the rise in crime stats is not
unique to Oakley and it is an epidemic plaguing
most metropolitan areas of the State of
California.

Our answer-------------------
More staff, full patrol teams, full specialized teams
• Special Services, Traffic & Investigations
183

SPECIALTY ASSIGNMENTS
Officer Radcliffe and Canine Harkon
184

SPECIALTY ASSIGNMENTS
Officer Radcliffe and Canine Harkon
• CANINE TEAM IS A FORCE

MULTIPLIER
• INTERNAL AND REGIONAL
ASSET
• PROVIDES A GREATER

ELEMENT OF SAFETY
• COMMUNITY OUTREACH
• 28 TOTAL DEPLOYMENTS
• 11 OUTSIDE ASSISTS
• 18 GIVE UPS AND/OR

ARRESTS
• ZERO USES OF FORCES
• 10 OF THE 18 GIVE

UPS/ARRESTS WERE RELATED

TO STOLEN VEHICLES OR

PURSUITS
185

SPECIALTY ASSIGNMENTS
School Resource Officer Griggs
186

SPECIALTY ASSIGNMENTS
School Resource Officer Griggs
• SAFETY AND SECURITY

OF STUDENTS AND

STAFF (VISIBLE

DETERRENT)
•UNOFFICIAL COUNSELOR
•MENTOR
•29 TOTAL REPORTS
•24 OF THOSE REPORTS

WERE BATTERY

INVESTIGATIONS
•16 MENTAL HEALTH
HOLDS
187

SPECIALTY ASSIGNMENTS
Special Services Team
188

SPECIAL SERVICES TEAM
• Quality of life issues
• Augment Traffic Unit
• Augment Investigations
• Mental health issues
• Homeless issues
• Fugitive apprehension
• Community based
enforcement
• U.S. Marshal Task Force
21 Search Warrants
7 Probation/Parole searches
16 Task Force involvements
34 Arrests
48 Homeless interactions
89 Proactive stops
13 Business contacts
21 Intra-Department assists
11 Community events
Mental Health Commitments dropped
from 224 in 2022 to 188 in 2023 (-16%)
189

SPECIALTY ASSIGNMENTS
Traffic Unit
190

TRAFFIC UNIT
• Traffic Enforcement
• Collision Investigation
• Fatal/Major Injury
Investigations
• East County Task Force
• Special events requiring
road closures
Only one officer between
January 1 through June 30
73 citations written
Unit became fully staffed with
three officers in July
487 citations written
between July through
December
191

INVESTIGATIONS UNIT
192

INVESTIGATIONS UNIT
• Follow-up on patrol generated
cases
• Interact and build relations
with Deputy District Attorney’s
• Respond to major crime scenes
• ICAC Task Force
• U.S. Marshal Task Force
 Under recognized entity of a
police department
 Unit was only 50% occupied
between January through
June
 Unit went to 100% occupancy
in July
193

INVESTIGATIONS

LONG LIST OF SUCCESS MEASURES
 Case management was caught
up
 Case closure rate went up
 Able to network more with
other Investigation units
 Pre-complaint warrants and
search warrants have gone up
exponentially
 Doing much more with more
and taking action quicker
 Able to network more with other inv
units
 Stronger work relations with Records
 Moved from geographic responsibilities
to crime specific units:
• Major crimes
• Special victims
• General crimes
• Specialized training for all
• Cell-Brite computer upgraded
• Asset forfeiture process started
194

INVESTIGATIONS

MAJOR CRIMES
 Two homicides
 One is moving towards the prosecution phase the other is still under active investigation
 Attempted homicide that resulted in the arrest of a suspect and the recovery of a firearm that was linked to other violent crimes  String of armed robberies of convenience stores between Oakley and Brentwood
195

RECORDS UNIT
196

RECORDS UNIT
• REVIEW AND FINAL APPROVAL

OF ALL REPORTS
• NIBRS STATISTIC TRACKING
• CLETS REPORTING
• WARRANT MAINTENANCE
• COURT COMMUNICATIONS
• ALLIED AGENCY

CORRDINATION
• CITATION MANAGEMENT
 FACE OF THE POLICE

DEPARTMENT
 RECOGNITION OF SUPERIOR

SERVICE FROM A NATIONAL

NETWORK REPORTER
 1,630 PUBLIC RECORD

REQUESTS
 < 3% NIBRS ERROR RATE
197
2023 ACCOMPLISHMENTS
•HIRED A TOTAL OF NINE NEW

EMPLOYEES- OUR GREATEST ASSETS
•PROMOTED SERGEANTS COLLIER &
SOARES
•HELD THE FIRST AWARD CEREMONY FOR
OPD
198
2023 ACCOMPLISHMENTS CONT.
•BECAME A FULL DEPARTMENT ON JUNE
12th
•CLEARED BY THE DA’s OFFICE ON TWO
OIS’s
•STREAMLINED OUR STATISTICAL DATA

REPORTING TO THE MEDIA
199
2023 ACCOMPLISHMENTS CONT.
• STAFFED THE SUMMERFEST

CELEBRATION & FIREWORK SUPRESSION

OPERATING PERIODS
• STOOD UP AN INTERNAL PEER SUPPORT
TEAM
• STOOD UP OUR SPECIAL SERVICES TEAM
200
2023 ACCOMPLISHMENTS CONT.
• HELD OUR FIRST ANNUAL COMMUNITY

MEETING REGARDING OUR USAGE OF

MILITARY EQUIPMENT
• POA GYMNASIUM CREATED AND

EQUIPPED
• REFRESHED SOME OF OUR PISTOL

INVENTORY
201
2023 TRAINING
• IT IS NOT ENOUGH TO SIMPLY HIRE

EMPLOYEES
• EMPLOYEES MUST UNDERGO REGULAR

AND ONGOING TRAINING
• TRAINING KEEPS EMPLOYEES ENGAGED,

UP TO DATE AND REFRESHED
202
2023 TRAINING CONT.
• ONGOING AND REGULAR TRAINING

ENSURES WE ARE CAPABLE OF PUTTING

OUR BEST FOOT FORWARD WITH THE

COMMUNITY
• 84 TOTAL TRAINING CLASSES
203
NOTABLE INCIDENTS OF 2023
• SHANNON WAY HOMICIDE- OCTOBER
• 1 TEEN WAS KILLED, 3 WERE STRUCK BY

GUNFIRE
• RUTHERFORD LN. HOMICIDE- DECEMBER
• ADULT MALE WAS KILLED IFO HIS OWN
HOME
204
NOTABLE INCIDENTS OF 2023 CONT.
• BRIDGEHEAD RD. FATAL HIT/RUNDECEMBER
• OFFICER TYLER HORN WAS REQUESTED TO

PRESENT A BLOCK OF INSTRUCTION TO

THE ALAMEDA COUNTY POLICE CHIEFS
205

ENFORCEMENT TRENDS

IN THE OPERATIONS DIVISION WE ARE SEEING AN UPTICK IN THE

FOLLOWING OUT OF OUR OFFICERS
• STOLEN VEHICLE ARRESTS
• PROACTIVE TRAFFIC ENFORCEMENT
• TRAFFIC PURSUITS
• ARRESTS/RECOVERIES OF ILLEGAL

WEAPONS
206
CHALLENGES FOR 2024

RECRUITING

EDUCATIONAL STANDARDS

FLEET AVAILABILITY

CULTURAL TRENDS IMPACTING CANDIDATE POOLS

SPECIAL EVENT STAFFING

AI CRIMINAL MITIGATION

FENTANYL

STAFFING DEFICITS

IN CAR COMPUTER REPLACEMENTS
207
QUESTIONS OR FEEDBACK?

CHIEF OF POLICE

PAUL BEARD
[email protected]
208