Oakley City Council
March 26, 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, March 26, 2024
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.

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.

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]. 1 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

1.3 Update from California Department of Food and Agriculture's Plant Health and Pest Prevention Services on the Oriental fruit fly quarantine (Darin Okimoto, CDFA Environmental Program Manager, Pest Detection Emergency Projects and Janamjeet Sohal, Senior Environmental Scientist, CDFA, Pest Detection Emergency Projects)

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 of the Special Meeting of the Oakley City Council held February 24, 2024 (Libby Vreonis, City Clerk)
Minutes-2-24-24

4.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held March 12, 2024 (Libby Vreonis, City Clerk) Minutes 03-12-24

4.3 Waive the Second Reading and Adopt an Ordinance Approving a Rezone to Rezone A 9.99-Acre Site from C (General Commercial) District to P-1 (Planned Unit Development) District for the Project known as 2090 the Village at Oakley Road Subdivision 9634 (RZ 03-22) APN 037-110-031 (Ken Strelo, Planning Manager)
Ordinance

4.4 Ratify Election: Adopt Ordinance No. 2-24 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 189 within the Oakley Special Police Tax Area for Police Protection Services for the Machado Lane project (Subdivision 9615) located west of Machado Lane and south of East Cypress Road (APNs 033-190-003-5 and 033-190-004-3) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. One (1) Signed Ballot

2. Ordinance No. 2-24
Exhibit A - Boundary Map
Exhibit B - Rate Schedule

4.5 Ratify Election: Adopt Ordinance No. 3-24 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 190 within the Oakley Special Police Tax Area for Police Protection Services for the Sellers Avenue project (Subdivision 9614) located at 5911 Sellers Avenue (APN 033-150-013-2) (Kevin 3 Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. One (1) Signed Ballot

2. Ordinance No. 3-24
Exhibit A - Boundary Map
Exhibit B - Rate Schedule

4.6 Adopt a Resolution Approving Annexation No. 38 (Machado Lane SD 9615) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Unanimous Approval Form

2. Resolution

3. Amended Boundary Map

4. Amendment to Notice of Special Tax Lien

4.7 Adopt a Resolution Approving Annexation No. 39 (Sellers Avenue SD 9614) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Unanimous Approval Form

2. Resolution

3. Boundary Map

4. Amendment to Notice of Special Tax Lien

4.8 Adopt a Resolution Approving the Annual Progress Report on Implementation of the City’s Housing Element with SB 341 Reporting Requirements (Evan Gorman, Associate Planner)
Staff Report

1. Housing Element Annual Progress Report with SB 341 Report as an Attachment (Reporting Year 2023)

2. Draft Resolution

4.9 Request for Approval of Proclamations for Future Agendas (Transgender Awareness Week, Community Planning Month, National Law Enforcement Appreciation Day) (Libby Vreonis, City Clerk)
Staff Report
4 1. Proclamation Request Form-Transgender Awareness

2. Sample Proclamation-Transgender Awareness

3. Sample Proclamation - Community Planning Month

4. Sample Proclamation - National Law Enforcement Appreciation Day

4.10 Adopt a Resolution Authorizing the City Manager to execute an Amendment to the Consulting Services Agreement with Mark Thomas & Co. Inc. for the East Cypress Road Lane Alignment Analysis (RR tracks to Main Street) Project – Capital Improvement Project (CIP) Number 301(Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Mark Thomas & Co. Inc. Proposal

4.11 Adopt a Resolution Terminating the Existence of a Local Emergency Related to the City’s Sustaining of a Cyberattack on February 22, 2024 (Derek Cole, City Attorney)
Staff Report

1. Proposed Resolution Terminating Local Emergency

4.12 Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. to Include Legislative Advocacy Services (Danielle Navarro, Assistant City Manager)
Staff Report

1. Proposed Resolution w/ Exhibit A

5.PUBLIC HEARINGS

6.REGULAR CALENDAR

6.1 Strategic Plan 27+ Update (Joshua McMurray, City Manager) Staff Report

1. Strategic Plan Update Spreadsheet

2. Strategic Plan 27+

6.2 Bridgehead Industrial Project Environmental Impact Report – Adopt A Resolution authorizing the City Manager to Execute an Agreement with Raney Planning and Management, Inc. to prepare an Environmental Impact Report for the project titled “Bridgehead Industrial Project"(Ken Strelo, Planning Manager) Staff Report

1. Proposal to Prepare and Environmental Impact Report – Bridgehead Industrial Project – Scope 5 of Work and Estimate from Raney Planning and Management, Inc., dated March 12, 2024

2. Proposed Resolution

2.a. Exhibit A. Short Form Services Agreement Template

6.3 Climate Action Plan-Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Cumming Management Group Inc. for Planning Consulting Services (Ken Strelo, Planning Manager) Staff Report

1. Proposal for Planning and Consulting Services - City of Oakley Climate Action Plan - Proposal and Estimate from Cumming Management Group, Inc., dated February 7, 2024

2. Proposed Resolution

2.a Exhibit A. Short Form Services Agreement Template

6.4 Adopt a Resolution Authorizing the Addition of a Police Officer Trainee Classification to the Salary Schedule (Paul Beard, Chief of Police & Jeri Tejeda, Administrative Services Director)
Staff Report

1. Resolution

2. Salary Schedule-Red-Lined

3. Police Officer Trainee - Job Description

7.REPORTS

7.1 CITY MANAGER
(a) City Manager

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
6 9.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54954.5(e)
Title: City Manager

10.ADJOURN
7 SPECIAL MEETING OF THE OAKLEY CITY COUNCIL
HELD FEBRUARY 24, 2024

1. Call to Order and Roll Call
Mayor Anissa Williams called the meeting to order at 9:01am 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.

2. Pledge of Allegiance to the Flag
Councilmember Henderson led the Pledge of Allegiance to the Flag.

3. Public Comments
No public comments were submitted.

4. Work Session

4.1 Governance Workshop
Melissa Kuehne, ILG Senior Program Manager and Jennifer King, Consultant, introduced themselves and began their PowerPoint presentation.

Ms. Kuehne provided an overview of the agenda and discussed objectives (leadership and governance refresher, review governance tools and gain additional insights about Council colleagues).

The City Council and leadership team introduced themselves.

Ms. Kuehne shared information about ILG and discussed leadership and governance (trust, accountability, responsiveness, and transparency).

City Manager Joshua McMurray stated for the record that the City was subject to a ransomware attack Thursday and currently has no internet or phone capability so this meeting will not be livestreamed or recorded. He shared critical points including having good governance, being good stewards of resources, holding the highest ethical standards in decision making, being professional, and maintaining good morale.

Ms. Kuehne asked Councilmembers to share what inspired them to run for City Council.
8 Dr. Fuller shared that he had differences in how the city was being governed and being managed by the former City Manager and the community did not feel it was getting the information it needed. He mentioned the then Council was doing things with 3 days’ notice without public input then saying they had to do it and it was obvious developers were running the city. He shared that he wanted the public to participate, was glad the city went to districts, and when the City Manager left and there were three new members on the dais in 2020, and then two new members in 2022, he was happy to see something new and dynamic.

Councilmember Meadows shared that in the 1990s, he sat on the Oakley Municipal Advisory Council until it became a city, and his father was involved in local politics in the 1970s so he has been living it. He shared they have a family in business in Oakley which he has continued, and he looks at it as his city. He mentioned that he had some issues with the former City Manager but that did not influence his decision to run; it was good timing in his life to run for Council with his kids now being older.

Mayor Williams shared that during COVID, her job was furloughed, and she saw many people struggling during that time, so she started a Facebook group to connect people to resources, first doing things for first responders, then providing assistance to restaurants, and the group is now around 15,000 people today. She explained she wanted to do it on a larger scale to help others and take leadership in a positive direction. She mentioned in 3.5 years, she has a long list of things she has done to make the community better and make a difference in lives.

Vice Mayor Shaw shared that she works in Pittsburg and lives here where she joined a service club of which many elected were part of and they were normal, and with her family growing up, she began attended meetings, had an interest in the Planning Commission, then the City went to districts, so she started as a Planning Commissioner and then ran for and was elected to Council.

Councilmember Henderson shared that he has 37 years in public safety with police and fire, he watched the City incorporate, and there are projects the City is still trying to make happen that he is now part of.

Ms. King reviewed takeaways from the assessment interviews they conducted, including excellence in government, Council roles, successes, challenges, what is working well and where there is room for improvement. The Council had an opportunity to share their initial reactions to the feedback. 9 Dr. Fuller suggested they include fire department consolidation, an accomplishment for safety, along with E. Cypress Road. He shared that the hostility on the dais is untenable; Mayor Williams is flopping on the dais and talking to others while his daughter was dying of pancreatic cancer. He mentioned there is ongoing group think, like with the Rotary, and he is moving forward but it is very uncomfortable. He mentioned they need to address group think, proper decorum, and social media to inform the community. He added that when they talk about policy, they should think about if they are being oppressive, privileged, controlling, or if they are facilitating knowledge for the community.

Ms. King mentioned they can have a group discussion and may have differences in opinion and often the best decisions come from talking those through; it is not group think, just decision making.

Mayor Williams commented that it is public and what everyone is thinking, and they’ve talked about a social media policy; she is huge proponent of social media but they need respect and decorum. She mentioned that she and Councilmember Meadows are diametrically opposed on matters, but they do not levy personal attacks. She mentioned there should be substantiation, correct wrong information, require factual basis on social media posts, and maintain a level of professionalism with that information.

Ms. King mentioned they won’t develop a social media policy today, but it is helpful to have certainty.

Councilmember Meadows agreed with Mayor Wiliams in that they have differences in thought but respect each other. He mentioned Dr. Fuller is constantly attacking them for being on Rotary and wants to attack them all the time on social media, and that is the problem.

Ms. King mentioned that they all have a desire to work together for the greater good of the City; despite how uncomfortable it can be, the successes are significant.

Vice Mayor Shaw mentioned there has been a lot of conversation about social media which should be used to inform, but when it is used it to attack, there is already mistrust in politics throughout the country, it doesn’t highlight the good things the City is doing; it looks like a clown show if they are all putting out their own things. She mentioned they need to explore how they use that platform to get information to the community, rather than as a platform to attack others and make negative comments. She mentioned that she has been on social media weekly and daily for a while this month, and she uses her time at the dais to defend herself when she should be giving attention to business. She added that 10 they are not trying to silence anyone; everything they do gets spun and crazy accusations are made. She mentioned she would like to air things out today, get things off her chest, squash it, and move forward at Tuesday’s meeting.

Ms. King mentioned that they can use space to do that. She addressed use of social media for personal attacks and that they never should use it to attack one another. She mentioned the social media policy would not be addressed tonight and it sounds like a Councilmember is characterizing an act of another.

Dr. Fuller mentioned he posted about a philandering City Manager and was contacted by David Wall with Rotary who called him scum and unfit to be a Rotarian. He mentioned he is told time and time again that Rotary is great but not even his time in Vietnam, working in Police, or as a special education teacher, was he ever called scum. He mentioned that they kicked him out of Rotary, and it was a major issue.

Councilmember Henderson shared that he requested this workshop and appreciates everyone putting time in to try and work with one another. He mentioned social media posts affects the Council with the Brown Act and how they look in the community.

Ms. Kuehne mentioned there has been focus on social media and the Brown Act, there are new laws and a lot of clarification needed; it has been captured and is on the staff’s list of things to address.

Mr. McMurray commented that he has the future agenda items request from the Council for this, and staff is formulating something to bring to the Council in the near future.

Ms. King mentioned that the takeaways are generally positive, they are moving in the right direction, the things they have accomplished are great, and they are working on a process here which is achievable.

Ms. Kuehne reviewed the foundations for high-performing councils.

Mayor Williams mentioned the Council is not agreeing on everything to serve constituents to ensure their voices are heard, civil disagreement is a high performing act, they are a young performing city and there were decisions made by former Council that they don’t all agree with, but she believes they are forward thinking as possible. She mentioned reading agenda packets, coming prepared, having an open mind about all issues, and the ability to pivot is important. 11 Ms. King mentioned that through disagreeing agreeably, they are able to have conversations and are keeping an eye out for the future and community.

Vice Mayor Shaw mentioned decisions were made before her time, but she supports them even though not hers, and she respects a vote when made by a majority. She mentioned McDonald’s and Quick Quack were huge issues and she and Mayor Williams were on opposite sides of the vote. She shared that Mayor Williams received a complaint about her (Vice Mayor Shaw) vote and Mayor Williams defended her (Vice Mayor Shaw) vote even though it was opposite of hers (Mayor Williams); she can be on the losing end of a vote but can still be respectful, such as with the train platform and champion things that the City is doing.

Councilmember Henderson agreed with both. He mentioned when they do their homework, they should connect with staff so staff can get back to the Council with clarification; it is valuing staff time to make an efficient meeting.

Councilmember Meadows everything mentioned he is good with what has been said and it is what he would have said.

Dr. Fuller mentioned the Council needs to be informed, they need to understand constituents in their area, have a connection with the community, reflect values, and say what they stand for and let people make decisions, If a Councilmember says what they stand for, who they support, and bring it to the dais, each member on dais should not be judgmental. He mentioned if they don’t understand their constituents and attack others because someone is not in the right club or area, it is not right; they all have a right to speak without saying someone is too old or doesn’t get it. He mentioned they should have communication with staff, discuss things on the dais, and listen to people. He mentioned regarding not talking beforehand that he almost voted ‘no’ on the fire district, however Mr. Cole changed his mind with an eloquent delivery; he said he was strongly opposed, not ‘no’. He mentioned it is important that the community know him, maintain ethics among themselves and police themselves. He mentioned with integrity, do they really stand for transparency or good optics; it bothers him and the community immensely; he prefers to let the community know what is coming down the line, and build trust and integrity.

Ms. Kuehne mentioned that they all have an individual responsibility.

Dr. Fuller mentioned that they need to stay away from group think that he is bad, and they need to get him in line because he doesn’t agree, and censure him. 12 Ms. Kuehne commented that they may be voting differently on an item, but they can have dialogue on the dais and the Council can move forward; they can have a conversation on the dais and be open minded to take all information in and make a decision here for the community as a whole.

Dr. Fuller commented that titles are important for city staff, and the community calls him Dr. Fuller, and some people on the dais said they will not call him “doctor”.

Ms. Kuehne inquired if his preference is to call him “doctor” or “Councilmember”.

Dr. Fuller indicated either.

Ms. Kuehne mentioned that there should be a level of respect for colleagues; it is a foundation for exceptional councils (governance tools, governance mindsets, effective councils).

Ms. Kuehne addressed effective leadership and culture. Ms. King handed out a worksheet.

The Council participated in an individual exercise on self-assessment--how the Councilmembers are doing individually and as a whole.

Mayor Williams commented that she didn’t come into politics thinking she would have such a strong impact; she has achieved things she campaigned on, i.e., small business, ARPA funds, library, and E. Cypress Road work that they pushed forward even though there are competing priorities. She mentioned there are projects the Council wants to see succeed together.

Vice Mayor Shaw mentioned she prepares for every meeting, she has every agenda in a binder, she goes to a location if it is coming up as a project to get a visual and feel for it, and she maintains a good relationship with staff. She also mentioned that the Council has to answer to constituents in their districts but must look at the City as a whole. She mentioned she would never let someone bully her into something that isn’t right just for a developer; even when her decision is not liked; she doesn’t want to be affected by how she will be perceived and may say things that may upset some people.

Dr. Fuller mentioned that he maintains transparency, integrity, and current knowledge.
13 Councilmember Henderson mentioned that he does his homework, respects staff and their workload, he is a good listener, attends events to hear what the community wants, and feels he is approachable.

Councilmember Meadows mentioned being here his whole life helps, he does his homework, tries to be respectful of Councilmembers—they are all elected, and he tries to be forward thinking.

Ms. Kuehne asked them to address improvements.

Vice Mayor Shaw mentioned her improvements include not letting what people say affect her personally and holding more community meetings within her district to keep residents informed but also to listen and obtain their feedback.

Mayor Williams mentioned her improvements include getting thicker skin, not concerning herself with people who don’t like her personally, not thinking about non-productiveness, getting out in the community and making herself available, and she would like to have a more formal meeting with residents.

Councilmember Henderson mentioned his improvements include communicating from the dais more as he is known to be quiet one. He shared that he is listening but doesn’t always express his thoughts before a vote.

Councilmember Meadows commented that he believes he is the second most quiet. He mentioned his improvements include controlling his emotions to express clearly what he is thinking and taking action on.

Dr. Fuller mentioned it was a free for all for staff at one point in the Council; they were allowed to make disparaging remarks which were put to an end. He mentioned his improvements have included recognizing the community and having them involved, ensuring they have good staff and integrity, and that they continue to grow. He added improvements include ensuring more effective discourse and rhetoric which can be toned down at times, and now that his dissertation is done, he would like to get out in the community more.

Ms. Kuehne commented that she appreciates their candor and all being introspective. She asked the Council to share things the Council will do as a whole to continue working with the community and staff.

Vice Mayor Shaw mentioned that they are doing well balancing development in the City; they don’t approve every change. She mentioned she appreciates that they are hiring qualified staff and allowing the City Manager to manage staff. 14 Councilmember Meadows mentioned overall he thinks they are respectful on the dais and allow the Council and City Manager to do their jobs.

Mayor Williams mentioned the Council is making hard decisions that are right for the City of Oakley, they are making progress on the right kind of development, she supports staff 100% because she can see the result of their interactions with the community, and they are doing something right as a Council if the staff loves the City and treats people well. She commented that she sees the opposite position in another city.

Councilmember Henderson mentioned the Council wants to do what is best for the City. He shared that they attend community events, listen, and all have a way to do it.

Ms. Kuehne mentioned many positives have been shared. She asked the Council to share what they can do as a whole.

Mayor Williams mentioned they can disagree agreeably, limit any discussion to policy rather than personal attacks so as not to cheapen them in eyes of the public-it is a distraction to good work happening, communicate positively, and not discount all the work that has been done.

Councilmember Meadows mentioned that the Council could be more respectful but overall, they do a good job working together; it is reflected in the city and staff, and he would grade the Council very high.

Dr. Fuller mentioned he and Councilmember Meadows disagree on many things, but Councilmember Meadows was the best Mayor he has seen in the City—he ensured a good meeting, ensured all were informed and took great responsibility; he was a good role model for Mayor. He mentioned the Council needs to be courteous to one another; sometimes believes he is back in middle school. He suggested common courtesy such as “Hi!” “How are you?”, “Would you like a seat?” He mentioned they should be courteous and respectful of others’ views and be understanding and empathetic to each other.

Vice Mayor Shaw mentioned that personal attacks on social media on both the Council and staff need to stop as well as underhanded remarks that they hear.

She added that they can’t go back to change the past but can focus on the future. She mentioned that she understands the Brown Act and when remarks are made, it puts the City in jeopardy for legal issues. 15 Councilmember Henderson mentioned that they can always improve teamwork, communication, understanding different views, being more open, and being able to weigh different thoughts and explaining those amicably.

Ms. Kuehne shared high performing Councils attributes and how to develop a sense of team. She mentioned there appears to be a willingness to work collaboratively and have an agency-wide perspective. She suggested they could have an annual workshop. She mentioned they should be able to disagree agreeably with the ability to have those conversations.

Vice Mayor Shaw mentioned when they transition from candidate to Council member, they should make sure they are a Councilmember first, but when running a campaign, have the ability to transition to candidate, but also transition back to Councilmember.

Ms. Kuehne discussed clear roles and responsibilities, understanding the role of local government and responsibilities, knowing their role to set a vision rather than micromanaging, striving to focus on issues within the city, and being prepared to ask questions of staff and each other.

Ms. King commented that she is not sure social media is the best forum to really find out what constituents want; face-to-face communication is still proven to be how people are finding out what residents want.

Ms. Kuehne mentioned that they have the ability to respectfully disagree, keeping it at a policy level, not personal attacks. She mentioned a code of conduct provides tools of how they want to work together, and it could be revisited.

Regarding the Council’s relationship with staff, she suggested the Council avoid “gotcha” questions from the dais and provide staff advance notice for a chance to gather information so they can respond, which is not to say don’t ask questions; just give staff ability to provide the information.

Ms. King added that staff being prepared to provide information is not staged or rehearsed as the Council and staff are all part of the same team; allowing staff to research and have information is more informative for the public.

Ms. Kuehne addressed effective Council meetings including doing homework, asking questions in advance, being respectful, having civil discourse, being mindful of body language, recognizing issues are not personalized and having thoughtful dialogue is the objective, celebrating success, holding themselves responsible for adhering to operating protocols and a code of conduct, behaving in a civil, respectful manner, and acting with decorum.

Ms. King commented that they are a high functioning Council and are doing lots of good work; hopefully these things provide a reminder. 16 Ms. Kuehne addressed practicing continuous learning and development.

Dr. Fuller requested a copy of the PowerPoint presentation of which Ms. Kuehne agreed can be provided.

Councilmember Meadows commented that he didn’t disagree with anything in the slides. He mentioned he doesn’t think that the Council really asks “gotcha” questions, at least not on purpose. He mentioned he will try to ask the City Manager beforehand and believes everyone does.

Dr. Fuller gave staff credit for being prepared as he didn’t find that when he originally came here and that has changed. He mentioned he can’t think of any intentional “gotcha” questions that have been asked.

Ms. Kuehne called for a brief recess. The City Council reconvened at 11:04 a.m.

Ms. Kuehne mentioned the Council participated in an exercise that included questions regarding communications and leadership style based on preferences.

She provided an overview of governance principles, policies, and tools. She mentioned the Council already did goal setting in April 2022 with its Strategic Plan. She mentioned the Council can establish clear measures or success (SMART) goals and have regular review of policy effectiveness and implementation practices.

Ms. King suggested when formulating policy, they can think about what goal they are trying to achieve, the end result, so policy can be specifically targeted to that goal.

Ms. Kuehne addressed the Council Policy Handbook and Governance Protocols.

Ms. King mentioned the Brown Act is necessary and may make those conversations more difficult, but study sessions can be offsite to put them in a different context, so it is not feeling so formal and a study session is a good way to keep in touch with others like Planning Commissioners or other committees to let them know Council goals.

Ms. Kuehne added that they can also continue their education and professional development, including peer learning.

Dr. Fuller agreed with a study session if they want to address an issue, but he is not sure what they are talking about meeting together.

Ms. King mentioned a study session would still be a public meeting.

Dr. Fuller commented that this setting is terrible for coming together as a group.

Vice Mayor Shaw commented that they had a joint meeting with the Council, Diablo Water District and Ironhouse Sanitary District.
17 Ms. Kuehne mentioned a study session can be with only the Council, or joint meetings with other bodies such as the Planning Commission, County, or school districts, to share policies and goals.

Councilmember Meadows commented that the Council has workshops, open discussions, and utilizes workshops often, but they have not brought the Planning Commission in.

Dr. Fuller inquired if Councilmember Meadows is referring to workshops on the meeting agendas which Councilmember Meadows confirmed is correct.

Dr. Fuller agreed that getting off the dais and getting down to a level where they are talking face to face at a roundtable would be helpful.

Ms. Kuehne asked them to share reflections about this governance meeting.

Mayor Williams shared that she would like to have regular “Meet Your Mayor” sessions, stop putting stock into conversations out there, and continue providing meeting recaps while acknowledging work done and work to still be done.

Councilmember Meadows shared that he would like to have better organization for his notes for meetings, always try to continue to do the right thing, continue to interact on the dais, and be respectful and listen to others’ points of view.

Councilmember Henderson shared that he would use titles for Councilmembers, explain his thoughts and ideas, listen more, work on body language so he doesn’t look mad, continue to do his homework, and respect staff for the time and effort they put in.

Vice Mayor Shaw shared that she would air out grievances instead of keeping it in to fester, outreach to others, accept what she can’t change, stand up for herself, listen to constituents, continue to bring her binder as it helps her, and to hide her face.

Dr. Fuller shared that there are things he does not understand about his district— the old section and new so he would like to look at allocation of resources of existing and new areas, tone down some of his social media posts, and continue his attendance (he only missed one meeting).

Ms. Kuehne mentioned she will prepare a summary of what happened today and provide it along with slides.

Vice Mayor Shaw mentioned she has a good working relationship with most of the Council and would like to have a working relationship with all. She invited Dr.

Fuller to have coffee to build a working relationship to which he agreed.

Mayor Williams thanked Councilmember Henderson for bringing the governance meeting forward. She mentioned she believes they have skills to take away and hopes to develop policy, but this is a first step, and she appreciates it. She 18 mentioned she is available to all, and it is a good reminder that face to face is still the best way and they want to enable people to feel that way.

Mr. McMurray commented that he appreciates the time everyone put in for this governance meeting and it reaffirms the great things that the Council and staff are doing. He commented that he looks forward to their commitment to work together.

Ms. Kuehne shared additional resources.

5. Adjourn
There being no further business, the meeting was adjourned at 11:53 a.m.

Respectfully submitted,
Libby Vreonis
City Clerk
19 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
March 12, 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 pm 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 (Ariana Mesa and Briana Hernandez, Oakley Elementary School Students)
Oakley Elementary School students Ariana Mesa and Briana Hernandez led the Pledge of Allegiance to the Flag.

1.3 Recognition of Hector Espinoza, Senior at Freedom High School and finalist in the Contra Costa Shark Tank (Mayor Williams) Mayor Williams introduced Freedom High School Senior and Contra Costa Shark Tank finalist Hector Espinoza. Mr. Espinoza shared information regarding his creation and thanked everyone who supported him.

1.4 Proclamation Proclaiming March as Red Cross Month (Stephen Griswold, Deputy Chief of Staff, Office of Supervisor Diane Burgis, and Contra Costa Red Cross Leadership Council)
Mayor Williams presented the proclamation to Brian Oftedal, Volunteer with Contra Costa Red Cross Leadership Council.

Mr. Oftedal thanked the City for its partnership with preparedness and blood drives. He encouraged everyone to take a CPR class, donate blood, and use the mobile app that 20 has first aid and emergency information. He mentioned news releases and podcasts also provide great information.
2) PUBLIC COMMENTS
Scott Hildebrandt commented he was a resident on Frandoras Circle and was harassed by a church who told his neighbors he is a drug dealer, blasted him out of his house, and set up with people behind his house who appeared homeless, and he tried to sell his house because they wore him out. He mentioned he pretty much had a gun to his head to sell the house by Frank Bermudez and Moses Polanco which he sold and later found it to be an illegal contract because the dates were wrong. He asked if the City of Oakley allows its residents to go through that normally and if there is anything they can put in place, so it doesn’t happen again. He mentioned he is not in prison, he does not have a medical condition, and he is very upset.

Richard Brophy mentioned he requested years ago a website amendment to show “Oakley is not a sanctuary city” which took him about 15 minutes to find out by 5 different people whether Oakley is a sanctuary city and finally he was told it is. He mentioned subsequent to that time, there has been an invasion of illegal aliens; there are undocumented immigrants, displaced citizens, undocumented Democrats, the theory is that not all are bad, not all are criminals, but entering the country is illegal, and in watching TV every night, illegal aliens have committed robbery, murder, and he has statistics from a government list and a list of individuals murdered, which actions are costing taxpayers money. He mentioned they have committed felonies, assault, and murder. He mentioned Laken Riley was murdered because of federal, state and local government. He mentioned it has been found that illegal aliens are drawn to sanctuary cities so if they think it can’t happen here, think again, providing an example of illegal aliens’ encounter with Police officers, some of whom he mentioned are on their way to California.
3) COUNCILMEMBER COMMENTS
None.
4) CONSENT CALENDAR
Dr. Fuller pulled item 4.10.

It was moved by Councilmember Meadows and seconded by Vice Mayor Shaw to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (5-0)
Item 4.10
Dr. Fuller requested staff confirm if the difference in bid amounts between R&R Construction’s bid and Cowen & Thompson’s bid is $876.30 of which Public Works Director/City Engineer Kevin Rohani confirmed is correct. 21 It was moved by Councilmember Meadows and seconded by Councilmember Henderson. AYES: Henderson, Meadows, Shaw, Williams. ABSTENTION: Fuller. (4-0-1)

4.1 Approve Minutes of the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held February 27, 2024 (Libby Vreonis, City Clerk)

4.2 Waive the Second Reading and Adopt 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)

4.3 Adopt a Resolution Approving the City of Oakley Local Roadway Safety Plan (LRSP) (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.4 Adopt a Resolution Accepting as Complete Capital Improvement Project Number 286 -City Hall Rooftop Solar Power Project as Constructed by Sun Light & Power (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.5 Adopt a Resolution Accepting as Complete Capital Improvement Project Number 187- Main Street Bridge Rehabilitation Project at Contra Costa Canal Project as constructed by TNB Construction (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.6 Adopt a Resolution Accepting the subdivision improvements associated with the Pheasant Meadows Subdivision 8736 and Vintner View Subdivision 8836 located along the east side of O’Hara Avenue south of Grapevine Lane and west of the Cinnamon Ridge Subdivision (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.7 Adopt a Resolution Appointing Kai-Christian Torf to the Contra Costa Transportation Authority Citizens Advisory Committee for the Remainder of the Current Four-Year Term Expiring August 11, 2025 (Libby Vreonis, City Clerk)

4.8 Adopt a Resolution Approving Contract Amendment Number 1 with HMH Engineers, Inc. for On-Call Consulting Services Related to Development Engineering Support Services for Fiscal Year (FY) 2023/24 and Award of Contract for Professional Services Agreement for On-Call Development Engineering Support Services with HMH Engineers, Inc for Fiscal Years 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.9 Adopt a Resolution Approving Contract Amendment Number 1 with Park Engineering, Inc. for On-Call Consulting Services Related to Inspection 22 Support Services for Fiscal Year (FY) 2023/24 and Award of Contract for Professional Services Agreement for On-Call Inspection Support Services with Park Engineering, Inc for Fiscal Years 2024/25 and 2025/26 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.10 Adopt a Resolution Awarding a Construction Contract to R&R Pacific Construction Inc. for the construction of Fiscal Year 2023/24 Curb, Gutter & Sidewalk Repair and Replacement Project, Capital Improvement Project Number 295 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.11 Approval of the Special Event Beverage Concessions Non-Profit Selection and Vendor Selection Criteria (Jeri Tejeda, Administrative Services Director, Troy Faulk, Recreation Manager)
5) PUBLIC HEARINGS

5.1 Adopt a Mitigated Negative Declaration and Approve the Project titled The Village at 2092 Oakley Road Subdivision 9634 (GPA 01-22, RZ 03-22, FDP 01-22, TM 04-22, DR 07-22) Request for approval of a General Plan Amendment, Rezone, Final Development Plan, Tentative Map, and Design Review for a 9.99-acre, 83-unit single family residential subdivision project.

APN 037-110-031 (Ken Strelo, Planning Manager)
California Environmental Quality Act determination: Recommend that the City Council adopt a Negative Declaration finding the proposed project will not have a significant adverse impact on the environment.

Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation. Two handouts were provided to the Council and made available in the public binder and on the City's website: a letter from David Koch on behalf of client Eagle City, Inc. and a letter from Richard Manning, legal counsel representing Eagle City, Inc. Mr. Strelo shared responses to the letters.

Ralph Strauss, President of SDG Architects, provided a PowerPoint presentation to the Council. Staff confirmed for Mr. Strauss that he had 10 minutes and the applicant presented from 7:11pm-7:17pm. The applicant stated that they agree with the conditions of approval.

Dr. Fuller commented that the project is lovely; it fits in with the intent of what the Council approved. He inquired if staff had spoken with Eagle City and what was the final summary.

Mr. Strelo shared that staff met with the manager and owner in person with the applicant and the Oakley Road improvements and other items that were covered in the letters and responses provided, and drainage were topics which he believes a solution has been worked out and is in the preliminary design plans. He added that he does not think that Eagle City is against the development; it is his understanding they want the details worked out.
23 Dr. Fuller inquired if Eagle City will not see drainage until there are entitlements.

Mr. Strelo mentioned there are preliminary drawings. He explained that if the applicant and engineer are willing to release plans to Eagle City or gives the City permission to release, staff believes the plans meet the City’s ordinance and the project can hold a 100-year storm in the event drainage is clogged downstream for more than 24-hours which is more than adequate drainage, and the City would have the right to inspect and recover costs, if necessary.

Dr. Fuller mentioned the City can step in if there is a situation but would like to know the process if the HOA cannot or will not remedy flooding.

Mr. Strelo mentioned that would be an event beyond what this is being designed for; there would be a breach of a flood wall, it would be more than a 100-year storm, and that would likely result in flooding throughout the City.

Dr. Fuller mentioned if the drainage system fails, Eagle City may first have to go to the HOA then to the City, which may result in an extended period of time for remedy. He mentioned if something went wrong, he is not sure whether the HOA could afford to remedy it easily.

Mayor Williams mentioned she has concern regarding the sales price with these homes having smaller floor plans and lots and she wants to ensure their affordability for Oakley’s average income. She mentioned the applicant thought the homes would be in the $600k range a couple of years ago. She inquired if that is still the price point.

Owen Poole, co-applicant, responded that it is hard to say as they completed a financial analysis and are in the process of vetting the improvement cost. He mentioned Oakley Road and Main Street improvements are approximately $1.2 million and while they will target the project to be as affordable as possible, they are checking the hard cost which is approximately $110/sq. ft. to go vertical. He addressed the concern regarding drainage, explaining that he has lived in an HOA since the late 1980s, consisting of 14 homes, and there are certain things in his HOA budgets that never move: a reserve for paving and insurance. He mentioned that with this project and drainage there will be a recorded operations and maintenance agreement, recorded before recordation of a final map, and it runs with the property, which will be the first item of budget with the HOA.

He mentioned a blanket easement over all the roads will allow step-in rights for the City for emergency services at all times. He commented that he would find it amazing if someone said drainage was eliminated from the HOA budget.

Mayor Williams commented that the applicant previously addressed the commercial viability of the space. She inquired if they have continued to try and market it for commercial uses.

Mr. Poole mentioned they have not because the financial market for commercial is difficult with interest rates.
24 Mayor Williams inquired how ingress/egress will be different for residential than commercial.

Mr. Poole explained that residential trip generation is far lower than commercial use which provides constant ingress and egress.

Mayor Williams opened the public hearing.

Public Comment
Peter Canepa, managing family member of Eagle City, mentioned his family has owned and managed Eagle City for 62 years. He mentioned it is a nice development and Ken mentioned most of his concerns; however, it is the drainage he is concerned with. He mentioned he couldn’t figure it out on the plans so he hired his own engineer who indicated the project site is immediately upslope from Eagle City, there is highly porous soil covering the entire site into which the soil absorbs without running off the site, the project will cover nearly all the existing soil with pavement and other surfaces and will greatly increase storm water runoff, since the project slopes toward Eagle City, it will be important for storm water facilities to be designed and constructed to capture and convey storm water runoff to downstream stormwater facilities, and they approve and support condition of approval # 66. He requested his engineer be provided with all drainage improvement designs as soon as available and requested City staff keep him informed and provide supporting documents as soon as they are available.

Mayor Williams closed the public hearing.

Councilmember Meadows mentioned he will repeat what he said 2 years ago; he agrees this is not the best site for commercial; it is a tough site; and he also said he didn’t like the project and still doesn’t, so he won’t be voting for it.

Dr. Fuller commented that he mentioned earlier that he can understand Eagle City's concern, having driven by it; it is farm country, soil is porous for rainwater and keeps it from running everywhere and now they are going to pave it. He mentioned he appreciates Mr. Poole speaking about the HOA and insurance and he hopes the HOA not only has reserve but insurance because if flooded, it will be a tough position to be in as there are mobile homes, lots are small, and it won’t take much to flood. He mentioned he is satisfied every step has been taken to use that portion of property to the best advantage of the people in the city and they have given considerable thought about drainage. He mentioned it would be nice if the civil engineer for Eagle City can look at the plans before they go forward to alleviate some angst.

Councilmember Meadows commented that he thinks they agree with that.

Vice Mayor Shaw mentioned affordability at $600k, if starting price, for smaller square footage, will price people out for what she was hoping would provide another kind of housing. She mentioned it is not perfect but will ask them to crunch numbers. She mentioned affordability is important and these will be starter homes which will be hard at a higher rate.
25 Mayor Williams mentioned she is having a hard time with that as well. She explained that a couple of Council meetings ago, she shared the average median income for residents who can afford $500k homes and it won’t be current Oakley people to purchase these; it will price out residents; it will be people from out of Oakley coming in to buy. She mentioned she likes the design aspect but is having a hard time knowing the project will not be something residents can afford.

It was moved by Dr. Fuller and seconded by Vice Mayor Shaw to adopt the mitigated negative declaration and approve the project as conditioned. AYES: Fuller, Henderson, Shaw. NOES: Meadows, Williams. Approved (3-2).
6) REGULAR CALENDAR
None.
7) REPORTS

7.1 CITY MANAGER
(a) City Manager
(b) Business License Update
(c) Commercial and Industrial Development Project Update (a) City Manager Joshua McMurray mentioned with the cyber-attack the City has been dealing with the past few weeks, the City is back to business as usual with all services fully restored. He mentioned there will be a resolution on March 26 to end the emergency and close the emergency operations center, staff is actively taking steps to have the network and systems as secure as humanly possible, and it will involve ongoing monitoring and staff will have more to report at a future date.
(b) Mr. McMurray attached the update to the agenda.
(c) Mr. McMurray discussed (1) the Oakley Shops at Laurel Fields (Safeway at the NE corner of Laurel Road and O'Hara Avenue) and showed a rendering of the shops. He mentioned it is going through the review process; like every project, the object is to try and expedite the process, so staff plans to bring the item to the Planning Commission in June for approval. He also discussed (2) the Bridgehead Industrial project at the west end of the City, showed a rendering of the buildings, and explained they expect a 6-10 year build out (no users at this time), (3) the Delta Pointe Plaza of which he shared plans, which involves creating the first vertical mixed-use space that will add to the Downtown, and (4) the Live Oak Industrial Park Project (industrial flex spaces) of which he shared a rendering, that will go to the Planning Commission in the next couple of months and then to the Council for final approval.
26 Mayor Williams mentioned Safeway spurred excitement. She inquired if there is any update on forward momentum for grocery for East Cypress.

Mr. McMurray explained there is no update; it is privately owned and when it was presented, it was indicated that the gas station, car wash and convenience store would be built first. He mentioned he believes the plans are in a state where the City could issue the permit, but nothing has been issued yet. He mentioned residents in that area want to see different uses in that proposed center and the City does its best to attract retailers; however, retailers have specific requirements that must check boxes for them to come; they are in the business of making money to hit a grand slam, not just hit a home run. He explained that the City can’t make it happen, that is not the reality; however, they are actively marketing the site and speaking with retailers and property owners, but he does not have an update on anyone the owners are talking to.

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 attended a Diablo Water District (DWD) special meeting at the end of February where co-governance with Randall Bold Water Treatment Plant was discussed, and DWD has a strong case in that Oakley has the lowest rates in the County for water; however DWD still has capital investment it needs to maintain to deliver water, Oakley needs to improve it water quality in that it can be softer, and there is an aquafer beneath us providing a groundwater option. He mentioned there is pressure from the state to come together and putting the facilities together would help alleviate some of the capital investment, labor costs and other items proposed; however, the Randall Bold Water Treatment Plant politely declined. He also reported that AB 1657 is out of committee with some amendments and the State will continue to retain the ability to govern locally and modify RHNA numbers. He added that Jesse Arreguin is now in the State Senate and both he and Buffy Wicks are unhappy with their RHNA numbers in the west side which comes back here. He mentioned there is a BAHFA meeting March 13 at noon and the following Friday, a Bay Area regional collaboration with MTC, ABAG, BAHFA--about 5 or 6 organizations in it. He commented that it is going to be nice to say that Safeway is coming when people ask when we are going to get a Safeway.

Vice Mayor Shaw reported that she attended a Tri-Delta meeting on February 28, and Mayor Williams was unable to make it so she will report in detail: Tri-Delta is working on pairing paratransit with clipper cards starting with a pilot program in San Francisco in 2025 and hope that Tri-Delta will be late 2025-early 2026, the summer youth pass program was approved for June 1-Aug 31 for ages 15-17—they can purchase a pass for $30 and it is valid on all fixed route and express buses but not valid on paratransit or Tri MyRide, and in 2023, Tri-Delta had the highest purchased passes of all the organizations that participate. She mentioned that Tri-Delta is working on increasing ridership and will do a comprehensive operational analysis (COA) to ensure they are 27 meeting rider needs; the last COA was done in 2020 but was more focused on the Oakley park n ride whereas this will be a full review. She also reported she attended a CalCities East Bay Division meeting on February 29 with Assemblymember Lori Wilson and will meet with her later this month. She also reported that the City, Rotary, School District and other sponsors hosted an event on March 6 for Girls Empowerment Day for the middle schools and later that night she was honored to host the Chamber mixer with Police Chief Beard as a guest, along with Scott Wannamaker from ECCFPD, and a representative from the Sheriff’s Office; they discussed how to recruit more women in law enforcement and provided information for local businesses how to stay safe. She mentioned she was a judge on March 9 for Oakley’s Got Talent, an honor, but difficult.

Councilmember Henderson reported he attended the Ironhouse Sanitary District meeting on March 5.

Mayor Williams commented that the Chamber mixer was really good, it was packed, and Chief Beard gave good tips for businesses. She reported that she also attended the CalCities’ meeting and is excited about an upcoming meeting with Lori Wilson’s Office.

She shared that she was also a judge at Oakley’s Got Talent and she didn’t like making children cry so maybe there is a way to revamp it next year. She also reported she attended the Mayors’ Conference and there was a presentation from the Northern California College Promise Coalition and shared that there is a program, CalKids, a college savings account program that gives kids meeting specific eligibility requirements a jump to save for college or career training, with $1,500 to start in the savings account.

She mentioned there was also a presentation from Richmond Promise, founded by the City of Richmond but operating as a 501(c). She mentioned they also discussed city selection for appointments to DPC (applications due by March 19), and with MTC-SB 925-transportation legislation to be introduced in 2026, to address fiscal needs of BART, MUNI, etc. She mentioned they also received a report regarding the Air District lawsuit against refineries which indicated there is a backlog of fines and required improvements to reduce emissions. She also reported that East Bay Regional Parks District will provide a presentation on March 16 regarding women botanists throughout history. She mentioned it looks like all 15 of Senator DeSaulnier’s community project fundings will pass of which Oakley is a recipient of one. She also mentioned CalCities’ webinar on 2100 bills that will be introduced this cycle can be viewed on their website. She shared that a speaker mentioned there is free RV wastewater disposal at Imhoff Drive and Solano Drive. She also reported that she had the opportunity to get together with the other Mayors and City Managers of Pittsburg, Antioch and Brentwood and she is happy to have that collaboration.
(b) Requests for Future Agendas
Vice Mayor Shaw mentioned it is not time sensitive, but during the Governance meeting, it was mentioned that a joint meeting of the City Council and Planning Commission could be held so she would like to request it. It was supported by Mayor Williams.

Dr. Fuller asked if Vice Mayor Shaw could summarize the intent of the meeting. 28 Vice Mayor Shaw mentioned it may help to have a joint meeting possibly this summer with the Planning Commission to get an idea of what the City Council is looking for and for the Council to understand how Planning Commissioners are feeling about the Planning Commission. She mentioned it was brought up during the Governance meeting as a suggestion.
8) WORK SESSIONS
None.
9) CLOSED SESSION
None.
10) ADJOURN
There being no further business, the meeting was adjourned at 7:58 p.m.

Respectively Submitted,
Libby Vreonis
City Clerk
29 Ordinance No. 6-24 Page 1 of
5 ORDINANCE NO. 6-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A REZONE TO REZONE A 9.99-ACRE SITE FROM C (GENERAL COMMERCIAL) DISTRICT TO P-1 (PLANNED UNIT DEVELOPMENT) DISTRICT FOR THE PROJECT KNOWN AS 2092 THE VILLAGE AT OAKLEY ROAD SUBDIVISION 9634 (RZ 03-22) APN 037-110-031

FINDINGS
WHEREAS, on September 20, 2022, Owen Poole and Dan Cosgrove (“Applicant”) filed an application requesting approval of the following entitlements (“Project”):
 General Plan Amendment (GPA 01-22) to redesignate 9.99 acres from Commercial (CO) to Residential Medium (RM);
 Rezone (RZ 03-22) of 9.99 acres from C (General Commercial) District to P-1 (Planned Unit Development) District;
 Final Development Plan (FDP 02-22) for development of the 9.99 acres site;  Tentative Map (TM 04-22) to subdivide 9.99 acres into 83 single family residential lots, additional on-site parking, a toddler park, community gathering areas, and other improvements;
 Design Review (DR 07-22) for floor plans and architecture of three home types with three elevations and three color schemes, and landscaping and other improvements throughout the project; and
WHEREAS, the proposed homes consist of three two two-story house plans each with three elevations. Floor plans range from 1,848 to 2,236 square feet of livable area; and WHEREAS, the project site is located at 2092 Oakley Road Avenue and is zoned C (General Commercial) District. (APN: 037-110-031); and
WHEREAS, the proposal complies with the requirements of the rezoning application requirements of Section 2.4.012 (a) of the Oakley Municipal Code; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the City prepared a Draft Initial Study/Mitigated Negative Declaration (“IS/MND”). The Notice of Intent (“NOI”) to Adopt an MND and IS was circulated for public review and comment from November 16, 2023 to December 18, 2023. It was filed with the County Clerk and Governor’s Office of Planning and Research (“OPR”), emailed or mailed out to over 60 public agencies and parties requesting such notice, and posted in the same manner as a Notice of Public hearing, which is at locations throughout the City and at the project site; and
30 Ordinance No. 6-24 Page 2 of
5 WHEREAS, on February 6, 2024, the Planning Commission held a duly noticed public hearing on the project at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission held a vote and adopted Planning Commission Resolution No. 2-24 recommending the City Council approve the project, as revised by the Planning Commission during its deliberations; and
WHEREAS, the Applicant submitted revised plans consistent with Planning Commission Resolution No. 2-24; and
WHEREAS, on or before March 1, 2024, the Notice of Public Hearing for the Project was duly noticed in the Contra Costa Times, a newspaper of general distribution, was posted at the Project site, at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, was posted to the City’s website, and was mailed out to all owners of property within a 500-foot radius of the project’s boundaries, to parties requesting such notice, and to outside agencies; and WHEREAS, on March 12, 2024, the City Council opened the public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution adopting the CEQA MND and approving the project, as conditioned; and
WHEREAS, on March 12, 2024, the City Council adopted the Project’s CEQA IS/MND in conjunction with approval of the proposed Final Development Plan (FDP 02-22), Tentative Map (TM 04-22), and Design Review (DR 07-22).

The City Council of the City of Oakley does ordain as follows:

SECTION 1. Findings
A. Pursuant to Section 2.4.012 of the Oakley Municipal Code, the City Council of the City of Oakley hereby finds and determines as follows:

1. The change proposed will comply with the General Plan in that the proposed rezone from C District to P-1 District will not result in a use or density that is not in line with the underlying General Plan Land Use Designation of Residential Medium (RM); and

2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts in that the residential density will be similar to residential densities in the general vicinity and the project has been designed in order to reduce conflicts with nearby commercial land uses; and
31 Ordinance No. 6-24 Page 3 of
5 3. Community need, but not necessarily future financial success, has been demonstrated for the use proposed in that the project will result in the construction of additional housing units, which is necessary to meet demand in the community since the City of Oakley falls under the jurisdiction of the Association of Bay Area Governments (ABAG), and ABAG uses a predominately demographic formula to allocate the regional housing needs among the incorporated cities and unincorporated county. This process results in a Regional Housing Needs Assessment (RHNA) and the number reflected in that assessment becomes part the City of Oakley’s estimated housing needs. The development of this project will help the City meet its regional fair share housing goal.

B. Pursuant to Section 9.1.1002 of the Oakley Municipal Code, the City Council of the City of Oakley hereby finds and determines as follows:

1. The Applicant intends for the start of construction within two (2) years from the effective date of zoning change and plan approval in that, whether the Applicant acts as developer or broker, construction within two years is reasonable depending on market conditions;

2. The proposed Planned Unit Development is consistent with the City of Oakley General Plan in that the density and type of development is consistent with the RM General Plan Land use Designation;

3. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood in that:
a. The project and integrates pedestrian connectivity to Main Street and nearby commercial developments;
b. Vehicular transportation will have almost immediate access to major arterials such as Empire Avenue and Main Street;
c. The type of development is expected to be desirable in that it includes a variety of homes sizes on smaller lots with an HOA which can appeal to those less interested in large private yards that require maintenance and that may value nearby access to public
transportation and walkable amenities;
d. The other HOA amenities such as the park and public gathering areas are additional attractions for the project; and

4. The development will be a harmonious and integrated plan that includes exceptions from the normal application of the Oakley Municipal Code due to the number and size of amenities usually found in larger subdivisions, such as a park, public gathering areas, and pedestrian-only entries to front 32 Ordinance No. 6-24 Page 4 of
5 porches. The P-1 District is justified to allow for project-specific development regulations in order to design a feasible project within the allowable range of the General Plan Land Use Designation of RM.

SECTION 2. Property Defined and Rezoned
A. 9.99 acres of real property located at 2092 Oakley Road, Oakley, CA 94561 (APN 037-110-031).

SECTION 3. California Environmental Quality Act (CEQA) Finding Pursuant to California State Law, an Initial Study was conducted by the Planning Division to evaluate the potential effects of this project upon the environment. The Initial Study analysis found there were no potentially significant impacts, and therefore a Mitigated Negative Declaration was prepared. Based upon the findings contained in the Initial Study it has been determined that this project will not have a significant impact upon the environment.

SECTION 4. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held unconstitutional, invalid or unenforceable.

SECTION 5. Effective Date and Posting
This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed office in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
33 Ordinance No. 6-24 Page 5 of
5 PASSED AND ADOPTED by the City Council of the City of Oakley this 26th day of March 2024 by the following vote:

AYES: Fuller, Henderson, Meadows, Shaw, Williams
NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
34 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: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Ratify Election: Adopt Ordinance No. 2-24 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 189 within the Oakley Special Police Tax Area for Police Protection Services for the Machado Lane project (Subdivision 9615) located west of Machado Lane and south of East Cypress Road (APNs 033-190-003-5 and 033-190- 004-3)
Background and Analysis
On February 7, 2023, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed Machado Lane project (Subdivision 9615) (the “Project”). The Project is designated as Residential Low (RL) in the Oakley 2020 General Plan and zoned P-1 (Planned Unit Development) on the City of Oakley Zoning Map. The Project is currently comprised of APNs 033-190-003-5 and 033-190-004-3, which is expected to be subdivided into 76 single-family residential units at build-out.

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

On February 13, 2024, the City Council introduced Ordinance No. 2-24 which would authorize a special tax for police services within Zone 189 subject to property owner voter approval. On March 18, 2024, the City Clerk conducted the property owner election. There was one (1) ballot issued to the property owner representing Machado Lane. The City Clerk tabulated the property owner ballot, and the property owner was in favor of annexing into the Oakley Special Police Tax Area as Zone 189.

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

Approved and
Forwarded to the
City Council
35 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 will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 189 to the Oakley Special Police Tax Area. The FY 2023-24 special tax rate for Single Family Residence (1 res., 1 site) parcel is $1,282.30/parcel (FY 2023-24 rates). Therefore, successful creation of the Zone is expected to provide up to $97,454.80 (in FY 2023-24 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2024-25.

Staff Recommendation
Staff recommends that the City Council ratify the election and adopt Ordinance No. 2-24 authorizing the levy of a special tax on parcels of land within Tax Area Zone 189 within the Oakley Special Police Tax Area for Police Protection Services for the Machado Lane project (Subdivision 9615) located west of Machado Lane and south of East Cypress Road (APNs 033-190-003-5 and 033-190-004-3).

Attachments

1. One (1) Signed Ballot

2. Ordinance No. 2-24
Exhibit A – Boundary Map
Exhibit B – Rate Schedule
36 37
Ordinance No. 2-24 Page 1 of 4
ORDINANCE NO. 2-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 189 WITHIN THE

OAKLEY SPECIAL POLICE TAX AREA FOR A SPECIAL TAX FOR POLICE

PROTECTION SERVICES FOR THE MACHADO LANE PROJECT (SUBDIVISION 9615) LOCATED WEST OF MACHADO LANE AND SOUTH OF EAST CYPRESS ROAD (APNs 033-190-003-5 and 033-190-004-3)
The Voters of the City of Oakley do ordain as follows:

Section 1. Purpose, Intent and Authority.

It is the purpose and intent of this Ordinance to authorize the levy of a special tax on real property that is within Oakley Special Police Tax Area Zone 189 of the Oakley Special Police Tax Area as shown on the Exhibit A map attached hereto in order to provide funding for police protection to serve the property and persons within said Zone.

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

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 189.

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

Section 2. Definitions.

The following definitions shall apply throughout this Ordinance.

A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services for the City of Oakley's cost of obtaining police services. The base amount shall be the 38 Ordinance No. 2-24 Page 2 of 4
amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.

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

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

D. Oakley Special Police Tax Area Zone 189 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.

E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 189, nor any land or improvements owned by any governmental entity.

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

Section 3. Amount and Level of Taxes.

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

A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2023 through June 30, 2024) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
39 Ordinance No. 2-24 Page 3 of 4
B. For Subsequent Fiscal Year:

The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2024, by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

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

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

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

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

B. Collection.

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

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
40 Ordinance No. 2-24 Page 4 of 4
Section 5. Severability Clause.

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

Section 6. Effective Date and Posting.

This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on March 18, 2024, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2024. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.

PASSED AND ADOPTED by the City Council of the City of Oakley this 26th day of March 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
41 E Cypress Rd
APN
033-190-003-5 M
a
c
h
a
d
o
L
n
APN
033-190-004-3

EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 189

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
MACHADO LANE (SUBDIVISION 9615)
Legend
Zone 189 Boundary
Parcel Lines
42 PROPERTY USE

CODE CATEGORY DESCRIPTION
FY22/23 TAX

PER PARCEL
FY23/24 TAX

PER PARCEL
11 Single Family Residence – 1res., 1 site $1,230.73 $1,282.30 12 Single Family Residence – 1 res., 2 or more sites $1,230.73 $1,282.30 13 Single Family Residence – 2 res., on 1 or more sites $1,969.17 $2,051.68 14 Single Family Residence – other than single fam. Land $1,230.73 $1,282.30 15 Misc. Improvements – 1 site $1,230.73 $1,282.30
16 Misc. Improvements – 2 or more sites $1,230.73 $1,282.30 17 Vacant – 1 site $615.37 $641.15
18 Vacant – 2 or more sites $615.37 $641.15
19 Single Family Residence – Det. W/common area $1,230.73 $1,282.30 20 Vacant – Multiple $615.37 $641.15
21 Duplex $1,969.17 $2,051.68
22 Triplex $2,953.75 $3,077.52
23 Fourplex $3,938.34 $4,103.36
24 Combinations $1,230.73 $1,282.30
25 Apartments (5 –12 Units) $4,922.92 $5,129.20
26 Apartments (13 – 24 Units) $12,799.59 $13,335.92
27 Apartments (25 – 59 Units) $24,614.60 $25,646.00
28 Apartments (60+ units) $59,075.04 $61,550.40
29 Attached PUDs: Cluster Homes, Condos, etc. $1,230.73 $1,282.30 30 Vacant – Commercial $615.37 $641.15
31 Commercial Stores – Not Supermarkets $2,461.46 $2,564.60 32 Small Grocery Stores – (7-11, etc.) $3,692.19 $3,846.90 33 Office Buildings $2,461.46 $2,564.60
34 Medical, Dental $2,461.46 $2,564.60
35 Service Stations, Car Wash $2,461.46 $2,564.60
36 Garages $2,461.46 $2,564.60
37 Community Facilities (Recreational, etc.) $4,922.92 $5,129.20 38 Golf Courses $2,461.46 $2,564.60
39 Bowling Alleys $1,230.73 $1,282.30
40 Boat Harbors $3,076.83 $3,205.75
41 Supermarkets – (not shopping centers) $3,692.19 $3,846.90 42 Shopping Centers $4,922.92 $5,129.20
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,230.73 $1,282.30 44 Motels, Hotels & Mobile Home Parks $6,153.65 $6,411.50 45 Theaters $2,769.14 $2,885.18
46 Drive-in Restaurants $1,846.10 $1,923.45
47 Restaurants $1,846.10 $1,923.45
48 Multiple & Commercial $1,846.10 $1,923.45
49 New Car Agencies $1,846.10 $1,923.45
50 Vacant Land (not part of Ind. Park or P. & D.) $461.52 $480.86 51 Industrial Park $3,692.19 $3,846.90
52 Research & Development $1,846.10 $1,923.45
53 Light Industrial $1,846.10 $1,923.45
54 Heavy Industrial $1,846.10 $1,923.45
55 Mini Warehouses (public storage) $3,692.19 $3,846.90 56 Misc. Improvements $3,692.19 $3,846.90
61 Rural, Res., Improvement 1A-10A $923.05 $961.73
62 Rural, w/or w/o structure 1A-10A $923.05 $961.73
70 Convalescent Hospitals / Rest Homes $1,846.10 $1,923.45 73 Hospitals $1,846.10 $1,923.45
74 Cemeteries / Mortuaries $1,846.10 $1,923.45
75 Fraternal & Service Organizations $1,846.10 $1,923.45 76 Retirement Housing Complex $6,153.65 $6,411.50
78 Parks & Playgrounds $3,692.19 $3,846.90
85 Public & Private Parking $1,846.10 $1,923.45
87 Common Area $1,846.10 $1,923.45
88 Mobile Homes $923.05 $961.73
89 Other (split parcels in different tax code areas) $923.05 $961.73 99 Homeowner's Association Owned Common Areas $738.44 $769.38

CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2022-23 in the San Francisco-Oakland-Bay Area Consumer Price 4.19% Index for all Urban Consumers.

CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2023/2024
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

5/25/2023
43 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: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Ratify Election: Adopt Ordinance No. 3-24 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 190 within the Oakley Special Police Tax Area for Police Protection Services for the Sellers Avenue project (Subdivision 9614) located at 5911 Sellers Avenue (APN 033-150-013-2)
Background and Analysis
On July 11, 2023, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed Sellers Avenue project (Subdivision 9614) (the “Project”). The Project is designated as Residential Low (RL) in the Oakley 2020 General Plan and zoned P-1 (Planned Unit Development) on the City of Oakley Zoning Map. The Project is currently comprised of APN 033-150-013-2, which is expected to be subdivided into 77 single-family residential units at build-out.

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

On February 13, 2024, the City Council introduced Ordinance No. 3-24 which would authorize a special tax for police services within Zone 190 subject to property owner voter approval. On March 18, 2024, the City Clerk conducted the property owner election. There was one (1) ballot issued to the property owner representing Sellers Avenue. The City Clerk tabulated the property owner ballot, and the property owner was in favor of annexing into the Oakley Special Police Tax Area as Zone 190.

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

Approved and
Forwarded to the
City Council
44 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 will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of Zone 190 to the Oakley Special Police Tax Area. The FY 2023-24 special tax rate for Single Family Residence (1 res., 1 site) parcel is $1,282.30/parcel (FY 2023-24 rates). Therefore, successful creation of the Zone is expected to provide up to $98,737.10 (in FY 2023-24 dollars) in revenue annually at build-out. The taxes can be collected on the property tax rolls commencing in FY 2024-25.

Staff Recommendation
Staff recommends that the City Council ratify the election and adopt Ordinance No. 3- 24 authorizing the levy of a special tax on parcels of land within Tax Area Zone 190 within the Oakley Special Police Tax Area for Police Protection Services for the Sellers Avenue project (Subdivision 9614) located at 5911 Sellers Avenue (APN 033-150-013- 2).

Attachments

1. One (1) Signed Ballot

2. Ordinance No. 3-24
Exhibit A – Boundary Map for Police Tax Area Zone 190
Exhibit B – Tax Rate Schedule for Fiscal Year 2023-24
45 46
Ordinance No. 3-24 Page 1 of 4

CITY OF OAKLEY
ORDINANCE NO. 3-24

AN ORDINANCE OF THE CITY OF OAKLEY ESTABLISHING OAKLEY SPECIAL POLICE TAX AREA ZONE 190 WITHIN THE OAKLEY SPECIAL POLICE TAX

AREA FOR A SPECIAL TAX FOR POLICE PROTECTION SERVICES FOR THE SELLERS AVENUE PROJECT (SUBDIVISION 9614) LOCATED AT 5911 SELLERS AVENUE (APN 033-150-013-2)
The Voters of the City of Oakley do ordain as follows:

Section 1. Purpose, Intent and Authority.

It is the purpose and intent of this Ordinance to authorize the levy of a special tax on real property that is within Oakley Special Police Tax Area Zone 190 of the Oakley Special Police Tax Area as shown on the Exhibit A map attached hereto in order to provide funding for police protection to serve the property and persons within said Zone.

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

The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary for the benefit of the residents of Zone 190.

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

Section 2. Definitions.

The following definitions shall apply throughout this Ordinance.

A. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing price as the base amount in first fiscal year dollars as measured by the actual cost of services 47 Ordinance No. 3-24 Page 2 of 4
for the City of Oakley's cost of obtaining police services. The base amount shall be the amount of tax per parcel as specified in Section 3.A herein. The adjustments from actual to constant dollars shall be made by use of the actual cost of services, as specified in Section 3.B herein.

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

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

D. Oakley Special Police Tax Area Zone 190 (hereinafter called "Zone") means that portion of the incorporated area of the City of Oakley located within the boundaries as shown on the map Exhibit A hereto.

E. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 190, nor any land or improvements owned by any governmental entity.

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

Section 3. Amount and Level of Taxes.

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

A. For First Fiscal Year:

The tax per year for the first fiscal year (July 1, 2023 through June 30, 2024) shall be the amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B hereto. If any new development, including new residential units, is completed prior to the tax being effective for the first fiscal year, the owner of the Parcel, as shown on the latest assessment roll, shall pay the tax for the remainder of such fiscal year on a prorated basis to the City, no later than receipt of Certificate of Occupancy or final building permit inspection.
48 Ordinance No. 3-24 Page 3 of 4
B. For Subsequent Fiscal Year:

The tax rates shown in Exhibit B shall be automatically adjusted on July 1 of each year, beginning on July 1, 2024, by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

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

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

Section 4. Collection and Administration.

A. Taxes as Liens Against the Property.

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

B. Collection.

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

C. Costs of Administration by County.

The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes.
49 Ordinance No. 3-24 Page 4 of 4
Section 5. Severability Clause.

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

Section 6. Effective Date and Posting.

This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on March 18, 2024, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2024. If not confirmed by two-thirds of the voters participating in the election, this Ordinance and the tax approved herein shall not become effective.

PASSED AND ADOPTED by the City Council of the City of Oakley this 26th day of March 2024, by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Anissa Williams, Mayor
ATTEST:
____________________ ___________________
Libby Vreonis, City Clerk Date
50 S
ellers
A
v
e
APN
033-150-013-2
Railroad
Kin
g
s
C
a
n
y
o
n
W
a
y
Vitale Ln

EXHIBIT A - BOUNDARY MAP
CITY OF OAKLEY SPECIAL POLICE TAX AREA (P-6) ZONE 190

CITY OF OAKLEY

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 1
0 ±
500
Feet
SELLERS AVENUE (SUBDIVISION 9614)
Legend
Zone 190 Boundary
Parcel Lines
City of Oakley Boundary
51 PROPERTY USE

CODE CATEGORY DESCRIPTION
FY22/23 TAX

PER PARCEL
FY23/24 TAX

PER PARCEL
11 Single Family Residence – 1res., 1 site $1,230.73 $1,282.30 12 Single Family Residence – 1 res., 2 or more sites $1,230.73 $1,282.30 13 Single Family Residence – 2 res., on 1 or more sites $1,969.17 $2,051.68 14 Single Family Residence – other than single fam. Land $1,230.73 $1,282.30 15 Misc. Improvements – 1 site $1,230.73 $1,282.30
16 Misc. Improvements – 2 or more sites $1,230.73 $1,282.30 17 Vacant – 1 site $615.37 $641.15
18 Vacant – 2 or more sites $615.37 $641.15
19 Single Family Residence – Det. W/common area $1,230.73 $1,282.30 20 Vacant – Multiple $615.37 $641.15
21 Duplex $1,969.17 $2,051.68
22 Triplex $2,953.75 $3,077.52
23 Fourplex $3,938.34 $4,103.36
24 Combinations $1,230.73 $1,282.30
25 Apartments (5 –12 Units) $4,922.92 $5,129.20
26 Apartments (13 – 24 Units) $12,799.59 $13,335.92
27 Apartments (25 – 59 Units) $24,614.60 $25,646.00
28 Apartments (60+ units) $59,075.04 $61,550.40
29 Attached PUDs: Cluster Homes, Condos, etc. $1,230.73 $1,282.30 30 Vacant – Commercial $615.37 $641.15
31 Commercial Stores – Not Supermarkets $2,461.46 $2,564.60 32 Small Grocery Stores – (7-11, etc.) $3,692.19 $3,846.90 33 Office Buildings $2,461.46 $2,564.60
34 Medical, Dental $2,461.46 $2,564.60
35 Service Stations, Car Wash $2,461.46 $2,564.60
36 Garages $2,461.46 $2,564.60
37 Community Facilities (Recreational, etc.) $4,922.92 $5,129.20 38 Golf Courses $2,461.46 $2,564.60
39 Bowling Alleys $1,230.73 $1,282.30
40 Boat Harbors $3,076.83 $3,205.75
41 Supermarkets – (not shopping centers) $3,692.19 $3,846.90 42 Shopping Centers $4,922.92 $5,129.20
43 Financial Buildings – (Ins., Title, Banks, S&L) $1,230.73 $1,282.30 44 Motels, Hotels & Mobile Home Parks $6,153.65 $6,411.50 45 Theaters $2,769.14 $2,885.18
46 Drive-in Restaurants $1,846.10 $1,923.45
47 Restaurants $1,846.10 $1,923.45
48 Multiple & Commercial $1,846.10 $1,923.45
49 New Car Agencies $1,846.10 $1,923.45
50 Vacant Land (not part of Ind. Park or P. & D.) $461.52 $480.86 51 Industrial Park $3,692.19 $3,846.90
52 Research & Development $1,846.10 $1,923.45
53 Light Industrial $1,846.10 $1,923.45
54 Heavy Industrial $1,846.10 $1,923.45
55 Mini Warehouses (public storage) $3,692.19 $3,846.90 56 Misc. Improvements $3,692.19 $3,846.90
61 Rural, Res., Improvement 1A-10A $923.05 $961.73
62 Rural, w/or w/o structure 1A-10A $923.05 $961.73
70 Convalescent Hospitals / Rest Homes $1,846.10 $1,923.45 73 Hospitals $1,846.10 $1,923.45
74 Cemeteries / Mortuaries $1,846.10 $1,923.45
75 Fraternal & Service Organizations $1,846.10 $1,923.45 76 Retirement Housing Complex $6,153.65 $6,411.50
78 Parks & Playgrounds $3,692.19 $3,846.90
85 Public & Private Parking $1,846.10 $1,923.45
87 Common Area $1,846.10 $1,923.45
88 Mobile Homes $923.05 $961.73
89 Other (split parcels in different tax code areas) $923.05 $961.73 99 Homeowner's Association Owned Common Areas $738.44 $769.38

CALCULATION OF COST OF LIVING INCREASE
Percent increase from FY 2022-23 in the San Francisco-Oakland-Bay Area Consumer Price 4.19% Index for all Urban Consumers.

CITY OF OAKLEY SCHEDULE FOR POLICE SERVICE TAX
FOR FISCAL YEAR 2023/2024
The tax rates shown in this schedule shall be automatically adjusted on July 1 of each year, beginning on July 1, 2016 by the increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Bay Area and applying that rate to the prior year amounts for each property use code category. However, the City Council reserves the right to itself the opportunity to adjust the rate in the following year if the CPI adjustment is insufficient to reimburse the City for the costs of providing levels of police services as approved by the City Council.

5/25/2023
52 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: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving Annexation No. 38 (Machado Lane SD 9615) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) Background and Analysis
On February 7, 2023, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed project comprised of 76 single-family residential lots. The Machado Lane (SD 9615) project, located west of Machado Lane and south of East Cypress Road, is currently comprised of Assessor’s Parcel Numbers 033-190-003-5 and 033-190-004-3.

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

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

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

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their project to CFD No. 2015-2. The FY 2023-24 special tax rates per single-family parcel are as follows:

Approved and
Forwarded to the
City Council
53 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Therefore, successful annexation of the Machado Lane project into CFD 2015-2 could provide up to $88,266 (in FY 2023-24 dollars) in revenue annually when all units are constructed. The taxes will be collected on the property tax rolls commencing in FY 2024-25.

Staff Recommendation
The conditions of approval for Machado Lane (SD 9615) require the property owner to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommends that the City Council:

1. Adopt a Resolution Approving the Annexation (Annexation No. 38) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Attachments

1.Unanimous Approval Form

1. Exhibit A – Description of Services

2. Exhibit B – Cost Estimate

3. Exhibit C – Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 34

2. Resolution

3. Amended Boundary Map

4. Amendment to Notice of Special Tax Lien
FY 2023-24 Maximum Special Tax Rates per Single-Family Parcel Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $165.16
Community Parks Maintenance Tax $364.74
Streetlighting Maintenance Tax $72.01
Neighborhood Parks & Landscape Maintenance Tax $531.93
Stormwater/Water Quality Maintenance Tax $27.56
Total $1,161.40
54 UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 38 – Tax Zone No. 34

March 26, 2024
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

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

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

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

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

The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 34” attached hereto as Exhibit C and 55 -2-
made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.

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

5. Taxpayer Protection Act. The Taxpayer Protection and Government Accountability Act (the “Taxpayer Protection Act”) is a voter initiative that is expected to be on the California general election ballot on November 5, 2024. If passed by the voters, the Taxpayer Protection Act would, among other things, impose a requirement that the title and summary and ballot label or question required for a measure pursuant to the California Elections Code for each measure providing for the imposition of a special tax include (a) the type and amount or rate of the special tax, (b) the duration of the special tax, and (c) the use of the revenue derived from the special tax (the “Ballot Label Requirements”). The Property Owner hereby acknowledges that, notwithstanding that this Unanimous Approval does not constitute a ballot, this Unanimous Approval contains all of the information specified in the Ballot Label Requirements and the Property Owner hereby knowingly, intelligently, voluntarily and irrevocably waives any right the Property Owner may have to protest or challenge the validity of the proceedings pertaining to the annexation of the Property to the CFD, the levy of the Special Taxes on the Property or the approval of the initial appropriations limit for the CFD under the Taxpayer Protection Act.

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

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

8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and 56 -3-
disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

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

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

Assessor’s Parcel Nos.: 033-190-003-5 and 033-190-004-3 Acres: 20.00 acres
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. 38 - Tax Zone No. 34
Property Owner
By: MERITAGE HOMES OF CA INC
Name:

Title:

Notice Address:
57 Exhibit A

EXHIBIT A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2023-24 Dollars)
FY 2023-24
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $12,552
Community Parks Maintenance Tax $27,720
Streetlighting Maintenance Tax $5,473
Neighborhood Parks & Landscape Maintenance Tax $40,427
Stormwater/Water Quality Maintenance Tax $2,095
Total $88,266
60 Exhibit C

EXHIBIT C

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

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 34
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 38 will be annexed to Tax Zone No. 34 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

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

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

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

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

to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.

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

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

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

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

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $531.93 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $398.95 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $265.97 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $3,457.62 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $179.14 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
67 Exhibit C

2. Undeveloped Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

3. Escalation of Maximum Special Tax
On July 1, 2024, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $3,457.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $3,457.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $3,457.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $3,457.62 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $179.14 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $179.14 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $179.14 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $179.14 per Acre Maximum
Table 2: Undeveloped Property
FY 2023-24
Tax
68 Exhibit C

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

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

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

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

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

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

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

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

RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 38) OF

PROPERTY LOCATED IN THE FUTURE ANNEXATION AREA OF

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

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

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

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

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

WHEREAS, the owner (the “Property Owner”) of Assessor’s Parcel Numbers 033-190- 003-5 and 033-190-004-3 located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.

WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 71 2
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

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

2. Approval of Annexation. The City Council hereby determines that Assessor’s Parcel Numbers 033-190-003-5 and 033-190-004-3 are annexed into Tax Zone No. 34 of the CFD.

3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Assessor’s Parcel Numbers 033-190-003-5 and 033-190-004-3 are added to the CFD.

4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Numbers 033-190-003-5 and 033-190-004-3 are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.

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

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

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on March 26, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_____
Anissa Williams, Mayor
ATTEST:
_______
Libby Vreonis, City Clerk Date
72 CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2024.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 38 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2024, BY ITS RESOLUTION No. _______________.

FILED THIS _______ DAY OF ________________, 2024, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
SHEET 1 OF 2

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

STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

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

NOTE:
_______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 38 - TAX ZONE NO. 34
SEE SHEET 2
ANNEXATION MAP No. 38 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
ASSESSOR'S PARCEL NOS. 033-190-003-5 AND 033-190-004-3. 73 ±
SHEET 2 OF 2
APN
033-190-003-5
E Cypress Road
M
a
c
h
a
d
o
L
a
n
e
APN
033-190-004-3
0 100 200
Feet
Legend
CFD No. 2015-2 Annexation Area No. 38
City of Oakley Boundary
Parcel Lines
Annexation No. 38 - Tax Zone No. 34
(Machado Lane SD 9615)
ANNEXATION MAP No. 38 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2

CITY OF OAKLEY

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

City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 38 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 38 - Tax Zone No. 34
(Machado Lane SD 9615)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.

This Amendment No. 38 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15- 234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 38 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2024, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.

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

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

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 38 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

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

Dated: As of _____________, 2024
By:

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

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 38 – Tax Zone No. 34

PARCEL DESCRIPTION AND OWNER OF LAND WITHIN
ANNEXATION NO. 38 – TAX ZONE NO. 34
Assessor’s Parcel No. Name(s) of Property Owner(s)
033-190-003-5
033-190-004-3

MERITAGE HOMES OF CA INC

MERITAGE HOMES OF CA INC
77 Exhibit B

EXHIBIT B

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

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 34
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 38 will be annexed to Tax Zone No. 34 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

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

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

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

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

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

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

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

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

Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $531.93 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $398.95 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $265.97 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $3,457.62 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $179.14 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
84 Exhibit B

2. Undeveloped Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

3. Escalation of Maximum Special Tax
On July 1, 2024, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $3,457.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $3,457.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $3,457.62 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $3,457.62 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $179.14 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $179.14 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $179.14 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $179.14 per Acre Maximum
Table 2: Undeveloped Property
FY 2023-24
Tax
85 Exhibit B

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

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

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

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

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

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

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

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

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving Annexation No. 39 (Sellers Avenue SD 9614) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) Background and Analysis
On July 11, 2023, the City Council approved a vesting tentative map with certain Conditions of Approval for the proposed project comprised of 77 single-family residential lots. The Sellers Avenue (SD 9614) project, located at 5911 Sellers Avenue, is currently comprised of Assessor’s Parcel Number 033-150-013-2.

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

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

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

Fiscal Impact
There will be no financial impact to the City's General Fund. The applicant has funded all costs associated with the annexation of their project to CFD No. 2015-2. The FY 2023-24 special tax rates per single-family parcel are as follows:

Approved and
Forwarded to the
City Council
88 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US The Sellers Avenue project is anticipated to consist of 77 single-family parcels at buildout. Therefore, successful annexation of the project into CFD 2015-2 could provide up to $51,530 (in FY 2023-24 dollars) in revenue annually when all units are constructed.

The taxes will be collected on the property tax rolls commencing in FY 2024-25.

Staff Recommendation
The conditions of approval for Sellers Avenue (SD 9614) require the property owner to mitigate their project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets. Staff recommends that the City Council:

1. Adopt a Resolution Approving the Annexation (Annexation No. 39) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Attachments

1.Unanimous Approval
Exhibit A – Description of Services
Exhibit B – Cost Estimate
Exhibit C – Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 35

2. Resolution

3. Boundary Map

4. Amendment to Notice of Special Tax Lien
FY 2023-24 Maximum Special Tax Rates per Single-Family Parcel Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $165.16
Community Parks Maintenance Tax $364.74
Streetlighting Maintenance Tax $72.01
Neighborhood Parks & Landscape Maintenance Tax $39.75
Stormwater/Water Quality Maintenance Tax $27.56
Total $669.22
89 UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 39 – Tax Zone No. 35

March 26, 2024
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

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

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

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

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

The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 35” attached hereto as Exhibit C and 90 -2-
made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.

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

5. Taxpayer Protection Act. The Taxpayer Protection and Government Accountability Act (the “Taxpayer Protection Act”) is a voter initiative that is expected to be on the California general election ballot on November 5, 2024. If passed by the voters, the Taxpayer Protection Act would, among other things, impose a requirement that the title and summary and ballot label or question required for a measure pursuant to the California Elections Code for each measure providing for the imposition of a special tax include (a) the type and amount or rate of the special tax, (b) the duration of the special tax, and (c) the use of the revenue derived from the special tax (the “Ballot Label Requirements”). The Property Owner hereby acknowledges that, notwithstanding that this Unanimous Approval does not constitute a ballot, this Unanimous Approval contains all of the information specified in the Ballot Label Requirements and the Property Owner hereby knowingly, intelligently, voluntarily and irrevocably waives any right the Property Owner may have to protest or challenge the validity of the proceedings pertaining to the annexation of the Property to the CFD, the levy of the Special Taxes on the Property or the approval of the initial appropriations limit for the CFD under the Taxpayer Protection Act.

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

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

8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and 91 -3-
disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

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

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

Assessor’s Parcel No.: 033-150-013-2
Acres: 20.42 acres
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. 39 - Tax Zone No. 35
Property Owner
By: MERITAGE HOMES OF CA INC
Name:

Title:

Notice Address:
92 Exhibit A

EXHIBIT A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2023-24 Dollars)
FY 2023-24
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $12,717
Community Parks Maintenance Tax $28,085
Streetlighting Maintenance Tax $5,545
Neighborhood Parks & Landscape Maintenance Tax $3,061
Stormwater/Water Quality Maintenance Tax $2,122
Total $51,530
95 Exhibit C

EXHIBIT C

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

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 35
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 39 will be annexed to Tax Zone No. 35 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with 96 Exhibit C

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

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

“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. “Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized 99 Exhibit C

to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property.

For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. 100
Exhibit C

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

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

In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map. 101
Exhibit C

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $39.75 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $29.81 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $19.88 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $292.05 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $202.53 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
102
Exhibit C

2. Undeveloped Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

3. Escalation of Maximum Special Tax
On July 1, 2024, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $292.05 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $292.05 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $292.05 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $292.05 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $202.53 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $202.53 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $202.53 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $202.53 per Acre Maximum
Table 2: Undeveloped Property
FY 2023-24
Tax
103
Exhibit C

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

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

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

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

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
104
Exhibit C

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

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

I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
105
RESOLUTION NO.

RESOLUTION APPROVING THE ANNEXATION (ANNEXATION NO. 39) OF

PROPERTY LOCATED IN THE FUTURE ANNEXATION AREA OF

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

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

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

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

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

WHEREAS, the owner (the “Property Owner”) of Assessor’s Parcel Number 033-150- 013-2 located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for certain services financed by the CFD.

WHEREAS, pursuant to the Act, the Property Owner has executed a Unanimous Approval constituting a unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD and the levy of the Special Tax. 106
2 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

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

2. Approval of Annexation. The City Council hereby determines that Assessor’s Parcel Number 033-150-013-2 is annexed into Tax Zone No. 35 of the CFD.

3. Amendment to Notice of Special Tax Lien. The City Council hereby directs the Clerk of the City Council to record an Amendment to Notice of Special Tax Lien, evidencing that Assessor’s Parcel Number 033-150-013-2 is added to the CFD.

4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Number 033-150-013-2 are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.

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

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

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on March 26, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Anissa Williams, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
107

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF OAKLEY THIS _______ DAY OF ______________, 2024.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 39 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF OAKLEY, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF
_______________, 2024, BY ITS RESOLUTION No. _______________.

FILED THIS _______ DAY OF ________________, 2024, AT THE HOUR OF __________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT No. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
_______________________________

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
SHEET 1 OF 2

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

STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

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

NOTE:
_______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
Legend
CFD No. 2015-2 Boundary
Oakley City Limits/CFD No. 2015-2 Future Annexation Area Parcel Lines 0 2,500 5,000
Feet
±
ANNEXATION NO. 39 - TAX ZONE NO. 35
SEE SHEET 2
ANNEXATION MAP No. 39 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS OF

LINES AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO
ASSESSOR'S PARCEL NO. 033-150-013-2.
108
±
SHEET 2 OF 2
Vitale Ln
S
elle
r
s
Av
e
Railroad
APN
033-150-013-2
0 100 200
Feet
Legend
CFD No. 2015-2 Annexation Area No. 39
City of Oakley Boundary
Parcel Lines
Annexation No. 39 - Tax Zone No. 35
(Sellers Avenue SD 9614)
ANNEXATION MAP No. 39 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREETLIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 109

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 39 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 39 - Tax Zone No. 35
(Sellers Avenue SD 9614)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Oakley (the “City”), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on January 19, 2016, as Document No. 20160009045, to which reference is hereby made and the provisions of which are hereby incorporated by this reference.

This Amendment No. 39 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD”). The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Document No. 15- 234174 in the Office of the County Recorder of the County of Contra Costa, State of California on November 9, 2015, in Book 85 at Page 20 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made. The territory to be added is set forth in that certain “Annexation Map No. 39 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2024, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.

The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5. 110
2 Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 39 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

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

Dated: As of _____________, 2024
By:

Libby Vreonis, City Clerk,
City of Oakley
111
Exhibit A

EXHIBIT A

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 39 – Tax Zone No. 35

PARCEL DESCRIPTION AND OWNER OF LAND WITHIN
ANNEXATION NO. 39 – TAX ZONE NO. 35
Assessor’s Parcel No. Name(s) of Property Owner(s)
033-150-013-2 MERITAGE HOMES OF CA INC
112
Exhibit B

EXHIBIT B

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

SUPPLEMENT TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX – TAX ZONE NO. 35
Special Taxes in the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (the “CFD” or “CFD No. 2015-2”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All the property in CFD No. 2015-2, unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2015-2, unless a separate Rate and Method of Apportionment of Special Tax is adopted for such annexation area.

Property annexed to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) pursuant to Annexation No. 39 will be annexed to Tax Zone No. 35 per the Supplement to the Rate and Method of Apportionment of Special Tax shown below.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-2: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting 113
Exhibit B

the Special Taxes; the costs to the City, CFD No. 2015-2, or any designee thereof of complying with disclosure requirements associated with the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries, protests, or appeals regarding the Special Taxes; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney’s fees, costs associated with annexations to CFD No. 2015-2, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property.
“Authorized Services” means the public services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the Council when CFD No. 2015-2 was formed.
“Building Permit” means a building permit issued by the City and having a building structure improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“CFD” or “CFD No. 2015-2” means the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services). “City” means the City of Oakley.
“City Landscape Maintenance Standards” means the then applicable landscape maintenance standards or then applicable level of service for then applicable landscape maintenance contracts executed by the City that are in effect and relate to similar landscaping improvements.
“City Manager” means the City Manager of the City of Oakley. 114
Exhibit B

“Commercial Unit” means an individual building structure for commercial uses as defined per the County Assessor (e.g., grocery stores, shopping centers, motel, hotel, service stations, and offices).
“Condominium Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. “Council” means the City Council of the City of Oakley, acting as the legislative body for CFD No. 2015-2.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City for construction of a residential structure or a non-residential structure on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. “Final Map” or “Parcel Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a Building Permit can be issued for construction of Residential Units without further subdivision of the lots. “Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“Industrial” means an individual building structure for industrial uses as defined per the County Assessor (e.g., research and development, mini-warehouse, etc.).
“Institutional” means an individual building structure for institutional uses as defined per the County Assessor (e.g., churches, hospitals, assisted living, schools, etc.).
“Land Use Classification” means the current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code. “Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.
115
Exhibit B

“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a Non-Residential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – Out of Compliance.
116
Exhibit B

“Property Owner” means the Property Owner of record per current County Assessor records unless more current information is available such as recorded deed of sale, etc.
“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property.
“Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized 117
Exhibit B

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

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

In any Fiscal Year, if it is determined that (i) a Final Map or Parcel Map for a portion of property in CFD No. 2015-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or Parcel Map was recorded, the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and (iii) one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate the Special 118
Exhibit B

Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

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

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $165.16 per Parcel Regional Park Maintenance Tax Condominium Parcel $123.87 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $82.58 per Unit Regional Park Maintenance Tax Non-Residential Parcel $495.49 per Acre Community Parks Maintenance Tax Single-Family Parcel $364.74 per Parcel Community Parks Maintenance Tax Condominium Parcel $273.55 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $182.37 per Unit Community Parks Maintenance Tax Non-Residential Parcel $1,094.21 per Acre Streetlighting Maintenance Tax Single-Family Parcel $72.01 per Parcel Streetlighting Maintenance Tax Condominium Parcel $54.01 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $36.01 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $216.04 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $39.75 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $29.81 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $19.88 per Unit Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $292.05 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $27.56 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $20.67 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $13.78 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $202.53 per Acre Table 1: Developed Property
FY 2023-24
Maximum
Tax
119
Exhibit B

2. Undeveloped Property - The Fiscal Year 2023-24 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

3. Escalation of Maximum Special Tax
On July 1, 2024, and each July 1 thereafter, the Maximum Special Tax for each Special Tax Component for the current Fiscal Year for Developed Property and Undeveloped Property shall be increased from the Maximum Special Tax for the respective Special Tax Component for the previous Fiscal Year by Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA) (from February) with a minimum annual increase of three (3.00%) percent and a maximum annual increase of five (5.00%) percent for any given year.

Special Tax Land Use
Component Classification
Regional Park Maintenance Tax Single-Family Parcel $495.49 per Acre Regional Park Maintenance Tax Condominium Parcel $371.62 per Acre Regional Park Maintenance Tax Multi-Family Parcel $247.75 per Acre Regional Park Maintenance Tax Non-Residential Parcel $247.75 per Acre Community Parks Maintenance Tax Single-Family Parcel $1,094.21 per Acre Community Parks Maintenance Tax Condominium Parcel $820.66 per Acre Community Parks Maintenance Tax Multi-Family Parcel $547.11 per Acre Community Parks Maintenance Tax Non-Residential Parcel $547.11 per Acre Streetlighting Maintenance Tax Single-Family Parcel $216.04 per Acre Streetlighting Maintenance Tax Condominium Parcel $162.02 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $108.02 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $108.02 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $292.05 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $292.05 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $292.05 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - In Compliance $0.00 per Acre Neighborhood Parks & Landscaping Maintenance Tax Non-Residential Parcel - Out of Compliance $292.05 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $202.53 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $202.53 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $202.53 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $202.53 per Acre Maximum
Table 2: Undeveloped Property
FY 2023-24
Tax
120
Exhibit B

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

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

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

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

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City through a resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.
121
Exhibit B

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

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

I. SEVERABILITY
The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.
122

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: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: Adoption of the Housing Element and SB 341 Annual Progress Reports (Report year 2023)
Summary
Every year the City Council is required to adopt an Annual Progress Report on the implementation of the Housing Element of the General Plan. In addition to that, the City creates an annual report compliant with SB 341, which requires annual reporting for housing successors to redevelopment agencies. The reports and resolution are then forwarded on to the State Office of Planning and Research (“OPR”) and the Department of Housing and Community Development (“HCD”) no later than April 1 of that year. The SB 341 report, which is included as an attachment to the Housing Element Annual Progress Report for the purposes of presenting it to the City Council, is separately submitted to HCD and posted on the City website.

Background and Analysis
The Housing Element Annual Progress Report for reporting year 2023 is included as Attachment 1 to this Staff Report. It includes information from year 2023, such as new residential entitlements, issued building permits, and final inspections. It also includes numbers of deed restricted and non-deed restricted affordable units, and progress on implementation of Housing Element programs in the General Plan. The SB 341 report is included as an attachment to the Housing Element Annual Progress Report. The SB 341 report covers the fiscal year ending on June 30, 2023.

Consistency with the Oakley Strategic Plan 27+
Adoption of the Housing Element and SB 341 Annual Progress Reports (Reporting Year 2023) is consistent with the Oakley Strategic Plan 27+. Under the Finance and Fiscal Responsibility Goal, the action will help to implement the Finance and Fiscal Responsibility objective of communicating on financial updates, particularly through the SB 341 report. The Housing Element Annual Progress Report assists the City in not only implementing the Housing Element, but also implementing the goals and objectives of the Community and Economic Development Goal of inspiring and encouraging thoughtful growth.

Fiscal Impact
There is no fiscal impact to the General Fund associated with this recommendation of adoption of the Housing Element and SB 341 Annual Progress Reports.

Approved and
Forwarded to the
City Council
123

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 Recommendation
Staff recommends that the City Council adopt the resolution approving the Housing Element Annual Progress Report including the SB 341 Report as an attachment (Reporting Year 2023).

Attachments

1. Housing Element Annual Progress Report with SB 341 Report as an Attachment (Reporting Year 2023)

2. Draft Resolution
124
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 8 8 714 730 16 0 035-322-019,
035-322-020,
035-322-021,
035-322-022
4891, 4901,
4911, 4921
Teakwood Dr
Yellow Roof Foundation -
Teakwood (DR 02-23) SFD R 5/9/2023 4 4 4 NONE Yes
035-322-019,
035-322-020,
035-322-021,
035-322-022
4891, 4901,
4911, 4921
Teakwood Dr
Yellow Roof Foundation -
Teakwood (DR 02-23) ADU R 5/9/2023 4 4 4 NONE Yes
037-160-018 Journey Way Delta Pointe Plaza (CUP 04-23, DR 08-23) 5+ R 11/9/2023 8 8 NONE No
033-140-020,
021, and 028 Sellers Avenue Stonecreek Subdivision 9647 (TM 02-23) SFD O 5/12/2023 176 176 NONE No 032-082-010
and 011
west side of
Bethel Island
Road,
approximately

0.8 miles north
of East Cypress
Road
Planning Area 6-H (ECCSP) (TM 01-23) SFD O 1/9/2023 87 87 NONE No 032-370-033
NE of Bethel
Island Rd & East
Cypress Rd
Summer Lake North
Subdivision 9657 (TM 03-23) SFD O 2/1/2023 54 54 NONE No 032-370-033
NE of Bethel
Island Rd & East
Cypress Rd
Summer Lake North
Subdivision 9658 (TM 04-23) SFD O 2/1/2023 85 85 NONE No 032-370-033
NE of Bethel
Island Rd & East
Cypress Rd
Summer Lake North
Subdivision 9659 (TM 05-23) SFD O 2/1/2023 131 131 NONE No 032-370-033
NE of Bethel
Island Rd & East
Cypress Rd
Summer Lake North - 9660 (TM 06-23) SFD O 2/1/2023 106 106 NONE No 032-370-033
NE of Bethel
Island Rd & East
Cypress Rd
Summer Lake North
Subdivision 9661 (TM 07-23) SFD O 2/1/2023 51 51 NONE No 032-370-033
NE of Bethel
Island Rd & East
Cypress Rd
Summer Lake North
Subdivision 9662 (TM 08-23) SFD O 2/1/2023 16 16 NONE No 034-300-079 15 THYME CT 15 A THYME CT BLD-2023-0367 ADU R 3/1/2023 1 1 1 NONE No 041-190-040 4739
LUCCHESI CT 4739 A LUCCHESI CT BLD-2023-0450 ADU R 3/10/2023 1 1 1 NONE No 035-142-008 220 E HOME
ST 220 A E HOME ST BLD-2023-0583 ADU R 3/28/2023 1 1 1 NONE No 034-080-035 1269 LAUREL
RD 1269 A LAUREL RD BLD-2023-1268 ADU R 7/6/2023 1 1 1 NONE No 034-150-002
670

BROWNSTONE
RD
670 BROWNSTONE RD BLD-2023-1637 ADU R 8/23/2023 1 1 1 NONE No 035-141-017 410 OHARA
AVE 410 A OHARA AVE BLD-2023-1483 ADU R 8/1/2023 1 1 1 NONE No 035-113-026 207 OHARA
AVE 207 A OHARA AVE BLD-2023-1803 ADU R 9/14/2023 1 1 1 NONE No 033-053-024 120 HILL AVE 120 A HILL AVE BLD-2023-2145 ADU R 11/13/2023 1 1 1 NONE No Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
125
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
A2 1 Prior A2 1 Current A2 1 Address A2 1 Name A2 1 ID A2 2 Unit A2 3 Tenure A2 4 vLowDeed A2 4 vLowNone A2 4 LowDeed A2 4 LowNone A2 4 ModDeed A2 4 ModNone A2 4 Above A2 5 Date A2 6 Units A2 7 vLowDeed A2 7 vLowNone A2 7 LowDeed A2 7 LowNone A2 7 ModDeed A2 7 ModNone A2 7 Above A2 8 Date A2 9 Units A2 10 vLowDeed A2 10 vLowNone A2 10 LowDeed A2 10 LowNone A2 10 ModDeed A2 10 ModNone A2 10 Above A2 10 Date A2 10 Units A2 13 xLow A2 14 Stream A2 15 Infill A2 16 Assist A2 17 Deed A2 18 Affordable A2 19 Terms A2 20 Units A2 20 Dest A2 20 Demo A2 22 DB A2 23 DB A2 24 DB A2 25 DB A2 21 Notes Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 8 0 153 161 0 0 0 0 0 6 92 98 0 0 0 0 0 1 166 167 0 0 035-322-019, 035-
322-020, 035-322-
021 035-322-022
4891, 4901, 4911,
4921 Teakwood Dr
Yellow Roof
Foundation -
Teakwood
(DR 02-23) SFD R 4 8/1/2023 4 0 0 0 NONE Y Other 55 0.0% 6 Development
Standards
Modification Other
No
035-322-019, 035-
322-020, 035-322-
021 035-322-022
4891, 4901, 4911,
4921 Teakwood Dr
Yellow Roof
Foundation -
Teakwood
(DR 02-23) ADU R 4 8/1/2023 4 0 0 0 NONE Y Other 55 0.0% 6 Other No 033-150-013 5911 Sellers
Avenue
Sellers Avenue
Subdivision
(RZ 01-22) (TM 01-
22), (FDP 01-22),
(DR 01-22)
SFD O 77 7/11/2023 77 0 0 0 NONE Y
033-190-003 and
033-190-004
Machado Lane
Subdivision
Machado Lane and
East Cypress Road
(RZ 06-21, TM 03-
21, FDP 01-21, DR
10-21)
SFD O 76 6/13/2023 76 0 0 0 NONE Y
041-280-021 10 CONNIE CT 10 A CONNIE CT BLD-2022-2109 ADU R 0 1 6/26/2023 1 0 0 NONE Y 034-300-079 15 THYME CT 15 A THYME CT BLD-2023-0367 ADU R 0 1 4/28/2023 1 0 0 NONE Y 041-190-040 4739 LUCCHESI
CT
4739 A LUCCHESI
CT BLD-2023-0450 ADU R 0 1 8/3/2023 1 0 0 NONE Y
035-142-008 220 E HOME ST 220 A E HOME ST BLD-2023-0583 ADU R 0 1 5/17/2023 1 0 0 NONE Y 034-080-035 1269 LAUREL RD 1269 A LAUREL RD BLD-2023-1268 ADU R 0 1 7/6/2023 1 0 0 NONE Y 034-150-002
670

BROWNSTONE
RD
670 BROWNSTONE
RD BLD-2023-1637 ADU R 0 1 12/14/2023 1 0 0 NONE Y
041-340-012 4935 BELDIN LN 4935 BELDIN LN BLD-2022-1443 SFD O 0 1 3/7/2023 1 1 12/12/2023 1 0 NONE Y 033-470-029 800 HARDCASTLE

RANCH RD
800 HARDCASTLE
RANCH RD BLD-2022-1080 SFD O 0 1 4/12/2023 1 1 11/6/2023 1 0 NONE Y 033-470-030 804 HARDCASTLE

RANCH RD
804 HARDCASTLE
RANCH RD BLD-2022-1081 SFD O 0 1 4/12/2023 1 1 11/14/2023 1 0 NONE Y 033-470-031 808 HARDCASTLE

RANCH RD
808 HARDCASTLE
RANCH RD BLD-2022-1082 SFD O 0 1 4/12/2023 1 1 11/14/2023 1 0 NONE Y 033-470-032 812 HARDCASTLE

RANCH RD
812 HARDCASTLE
RANCH RD BLD-2022-1083 SFD O 0 1 4/12/2023 1 1 11/27/2023 1 0 NONE Y 033-470-033 816 HARDCASTLE

RANCH RD
816 HARDCASTLE
RANCH RD BLD-2022-1084 SFD O 0 1 4/12/2023 1 1 11/27/2023 1 0 NONE Y 033-470-034 820 HARDCASTLE

RANCH RD
820 HARDCASTLE
RANCH RD BLD-2022-1086 SFD O 0 1 4/12/2023 1 1 12/5/2023 1 0 NONE Y 033-470-043 821 HARDCASTLE

RANCH RD
821 HARDCASTLE
RANCH RD BLD-2022-1087 SFD O 0 1 4/12/2023 1 1 11/3/2023 1 0 NONE Y 033-470-044 817 HARDCASTLE

RANCH RD
817 HARDCASTLE
RANCH RD BLD-2022-1088 SFD O 0 1 4/12/2023 1 1 10/30/2023 1 0 NONE Y 033-470-045 813 HARDCASTLE

RANCH RD
813 HARDCASTLE
RANCH RD BLD-2022-1089 SFD O 0 1 4/12/2023 1 1 10/25/2023 1 0 NONE Y 033-470-046 809 HARDCASTLE

RANCH RD
809 HARDCASTLE
RANCH RD BLD-2022-1090 SFD O 0 1 4/12/2023 1 0 0 NONE Y 033-470-047 805 HARDCASTLE

RANCH RD
805 HARDCASTLE
RANCH RD BLD-2022-1091 SFD O 0 1 4/12/2023 1 1 10/18/2023 1 0 NONE Y 033-470-048 801 HARDCASTLE

RANCH RD
801 HARDCASTLE
RANCH RD BLD-2022-1092 SFD O 0 1 4/12/2023 1 1 10/16/2023 1 0 NONE Y 041-080-044 2881 OAKLEY RD 2881 OAKLEY RD BLD-2023-0854 SFD O 0 1 5/4/2023 1 1 12/20/2023 1 0 NONE Y 041-080-047
2985

ALMONDWOOD
PL
2985
ALMONDWOOD PL BLD-2023-0855 SFD O 0 1 5/4/2023 1 1 12/28/2023 1 0 NONE Y 041-080-048
2975

ALMONDWOOD
PL
2975
ALMONDWOOD PL BLD-2023-0856 SFD O 0 1 5/4/2023 1 1 12/28/2023 1 0 NONE Y 041-080-049
2965

ALMONDWOOD
PL
2965
ALMONDWOOD PL BLD-2023-0857 SFD O 0 1 5/4/2023 1 0 0 NONE Y 034-580-006 142 MIRA VISTA
DR 142 MIRA VISTA DR BLD-2022-2274 SFD O 0 1 5/12/2023 1 1 11/14/2023 1 0 NONE Y 034-580-007 138 MIRA VISTA
DR 138 MIRA VISTA DR BLD-2022-2275 SFD O 0 1 5/12/2023 1 1 11/14/2023 1 0 NONE Y 034-580-008 134 MIRA VISTA
DR 134 MIRA VISTA DR BLD-2022-2276 SFD O 0 1 5/12/2023 1 1 10/27/2023 1 0 NONE Y 034-580-033 305 ADORA LN 305 ADORA LN BLD-2022-2277 SFD O 0 1 5/12/2023 1 1 12/19/2023 1 0 NONE Y 034-580-034 301 ADORA LN 301 ADORA LN BLD-2022-2278 SFD O 0 1 5/12/2023 1 1 12/27/2023 1 0 NONE Y 034-580-035 300 ADORA LN 300 ADORA LN BLD-2022-2279 SFD O 0 1 5/12/2023 1 1 10/20/2023 1 0 NONE Y 034-580-036 304 ADORA LN 304 ADORA LN BLD-2022-2280 SFD O 0 1 5/12/2023 1 1 10/10/2023 1 0 NONE Y 033-470-035 828 HARDCASTLE

RANCH RD
828 HARDCASTLE
RANCH RD BLD-2022-2255 SFD O 0 1 5/24/2023 1 1 12/28/2023 1 0 NONE Y 033-470-036 824 HARDCASTLE

RANCH RD
824 HARDCASTLE
RANCH RD BLD-2022-2256 SFD O 0 1 5/24/2023 1 1 12/18/2023 1 0 NONE Y 033-470-042 845 HARDCASTLE

RANCH RD
845 HARDCASTLE
RANCH RD BLD-2022-2257 SFD O 0 1 5/24/2023 1 0 0 NONE Y 033-470-038 841 HARDCASTLE

RANCH RD
841 HARDCASTLE
RANCH RD BLD-2022-2258 SFD O 0 1 5/24/2023 1 0 0 NONE Y 033-470-039 837 HARDCASTLE

RANCH RD
837 HARDCASTLE
RANCH RD BLD-2022-2259 SFD O 0 1 5/24/2023 1 0 0 NONE Y 032-590-025 437 LEDRO WAY 437 LEDRO WAY BLD-2023-0664 SFD O 0 1 5/24/2023 1 0 0 NONE Y 032-590-029 421 LEDRO WAY 421 LEDRO WAY BLD-2023-0974 SFD O 0 1 6/5/2023 1 1 11/1/2023 1 0 NONE Y 032-590-030 417 LEDRO WAY 417 LEDRO WAY BLD-2023-0975 SFD O 0 1 6/5/2023 1 1 11/6/2023 1 0 NONE Y 032-590-031 413 LEDRO WAY 413 LEDRO WAY BLD-2023-0976 SFD O 0 1 6/5/2023 1 1 11/3/2023 1 0 NONE Y 035-134-006 218 STAR ST 218 STAR ST BLD-2022-0134 SFD O 0 1 6/12/2023 1 0 0 NONE Y 034-580-003 153 MIRA VISTA
DR 153 MIRA VISTA DR BLD-2023-0932 SFD O 0 1 6/20/2023 1 1 11/29/2023 1 0 NONE Y 034-580-004 150 MIRA VISTA
DR 150 MIRA VISTA DR BLD-2023-0933 SFD O 0 1 6/20/2023 1 1 11/27/2023 1 0 NONE Y 034-580-005 146 MIRA VISTA
DR 146 MIRA VISTA DR BLD-2023-0934 SFD O 0 1 6/20/2023 1 1 11/21/2023 1 0 NONE Y 034-590-001 5150 GRAPEVINE
LN
5150 GRAPEVINE
LN BLD-2022-2329 SFD O 0 1 6/29/2023 1 0 0 NONE Y
034-590-002 5140 GRAPEVINE
LN
5140 GRAPEVINE
LN BLD-2022-2330 SFD O 0 1 6/29/2023 1 0 0 NONE Y
034-590-003 11 GRAPEVINE CT 11 GRAPEVINE CT BLD-2022-2331 SFD O 0 1 6/29/2023 1 0 0 NONE Y 034-590-004 21 GRAPEVINE CT 21 GRAPEVINE CT BLD-2022-2332 SFD O 0 1 6/29/2023 1 0 0 NONE Y 034-590-012 20 GRAPEVINE CT 20 GRAPEVINE CT BLD-2022-2333 SFD O 0 1 6/29/2023 1 0 0 NONE Y 034-590-013 10 GRAPEVINE CT 10 GRAPEVINE CT BLD-2022-2334 SFD O 0 1 6/29/2023 1 0 0 NONE Y 034-590-026 5151 GRAPEVINE
LN
5151 GRAPEVINE
LN BLD-2022-2335 SFD O 0 1 6/29/2023 1 0 0 NONE Y
032-590-032 409 LEDRO WAY 409 LEDRO WAY BLD-2023-1240 SFD O 0 1 7/14/2023 1 1 12/4/2023 1 0 NONE N 032-590-033 405 LEDRO WAY 405 LEDRO WAY BLD-2023-1241 SFD O 0 1 7/14/2023 1 1 12/4/2023 1 0 NONE N 032-590-034 401 LEDRO WAY 401 LEDRO WAY BLD-2023-1242 SFD O 0 1 7/14/2023 1 1 12/4/2023 1 0 NONE N 034-580-028 161 MIRA VISTA
DR 161 MIRA VISTA DR BLD-2023-0930 SFD O 0 1 7/20/2023 1 0 0 NONE Y 034-580-002 157 MIRA VISTA
DR 157 MIRA VISTA DR BLD-2023-0931 SFD O 0 1 7/20/2023 1 0 0 NONE Y 034-580-001 158 MIRA VISTA
DR 158 MIRA VISTA DR BLD-2023-0935 SFD O 0 1 7/20/2023 1 0 0 NONE Y 034-580-029 162 MIRA VISTA
DR 162 MIRA VISTA DR BLD-2023-0936 SFD O 0 1 7/20/2023 1 0 0 NONE Y 032-590-042 414 LEDRO WAY 414 LEDRO WAY BLD-2023-1545 SFD O 0 1 8/15/2023 1 0 0 NONE N 032-590-043 410 LEDRO WAY 410 LEDRO WAY BLD-2023-1546 SFD O 0 1 8/15/2023 1 0 0 NONE N 032-590-044 406 LEDRO WAY 406 LEDRO WAY BLD-2023-1547 SFD O 0 1 8/15/2023 1 0 0 NONE N 032-590-045 402 LEDRO WAY 402 LEDRO WAY BLD-2023-1548 SFD O 0 1 8/15/2023 1 0 0 NONE N 032-590-046 398 LEDRO WAY 398 LEDRO WAY BLD-2023-1549 SFD O 0 1 8/15/2023 1 0 0 NONE N 032-590-047 394 LEDRO WAY 394 LEDRO WAY BLD-2023-1550 SFD O 0 1 8/15/2023 1 0 0 NONE N 034-580-026 270 EAGLE NEST
DR
270 EAGLE NEST
DR BLD-2023-1572 SFD O 0 1 8/22/2023 1 0 0 NONE Y
034-580-025 266 EAGLE NEST
DR
266 EAGLE NEST
DR BLD-2023-1573 SFD O 0 1 8/22/2023 1 0 0 NONE Y
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
YELLOW HIGHLIGHT IS HCD MACRO INADVERTENTLY ACTIVATING IN RESPONSE TO ADU. 126 Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
A2 1 Prior A2 1 Current A2 1 Address A2 1 Name A2 1 ID A2 2 Unit A2 3 Tenure A2 4 vLowDeed A2 4 vLowNone A2 4 LowDeed A2 4 LowNone A2 4 ModDeed A2 4 ModNone A2 4 Above A2 5 Date A2 6 Units A2 7 vLowDeed A2 7 vLowNone A2 7 LowDeed A2 7 LowNone A2 7 ModDeed A2 7 ModNone A2 7 Above A2 8 Date A2 9 Units A2 10 vLowDeed A2 10 vLowNone A2 10 LowDeed A2 10 LowNone A2 10 ModDeed A2 10 ModNone A2 10 Above A2 10 Date A2 10 Units A2 13 xLow A2 14 Stream A2 15 Infill A2 16 Assist A2 17 Deed A2 18 Affordable A2 19 Terms A2 20 Units A2 20 Dest A2 20 Demo A2 22 DB A2 23 DB A2 24 DB A2 25 DB A2 21 Notes Note: "+" indicates an optional field
034-580-030 267 EAGLE NEST
DR
267 EAGLE NEST
DR BLD-2023-1574 SFD O 0 1 8/22/2023 1 0 0 NONE Y
034-590-033 271 EAGLE NEST
DR
271 EAGLE NEST
DR BLD-2023-1575 SFD O 0 1 8/22/2023 1 0 0 NONE Y
032-590-060 501 PINO LN 501 PINO LN BLD-2023-1751 SFD O 0 1 9/14/2023 1 0 0 NONE N 032-590-059 505 PINO LN 505 PINO LN BLD-2023-1752 SFD O 0 1 9/14/2023 1 0 0 NONE N 032-590-058 509 PINO LN 509 PINO LN BLD-2023-1753 SFD O 0 1 9/14/2023 1 0 0 NONE N 032-590-057 513 PINO LN 513 PINO LN BLD-2023-1754 SFD O 0 1 9/14/2023 1 0 0 NONE N 032-590-065 514 PINO LN 514 PINO LN BLD-2023-1755 SFD O 0 1 9/14/2023 1 0 0 NONE N 032-590-064 510 PINO LN 510 PINO LN BLD-2023-1756 SFD O 0 1 9/14/2023 1 0 0 NONE N 034-590-028 5181 GRAPEVINE
LN
5181 GRAPEVINE
LN BLD-2023-1568 SFD O 0 1 10/17/2023 1 0 0 NONE Y
034-590-029 5171 GRAPEVINE
LN
5171 GRAPEVINE
LN BLD-2023-1569 SFD O 0 1 10/17/2023 1 0 0 NONE Y
034-590-030 5161 GRAPEVINE
LN
5161 GRAPEVINE
LN BLD-2023-1570 SFD O 0 1 10/17/2023 1 0 0 NONE Y
034-590-026 274 EAGLE NEST
DR
274 EAGLE NEST
DR BLD-2023-1571 SFD O 0 1 10/17/2023 1 0 0 NONE Y
032-590-048 517 PINO LN 517 PINO LN BLD-2023-1888 SFD O 0 1 10/19/2023 1 0 0 NONE N 032-590-049 521 PINO LN 521 PINO LN BLD-2023-1889 SFD O 0 1 10/19/2023 1 0 0 NONE N 032-590-050 522 PINO LN 522 PINO LN BLD-2023-1890 SFD O 0 1 10/19/2023 1 0 0 NONE N 032-590-051 518 PINO LN 518 PINO LN BLD-2023-1891 SFD O 0 1 10/19/2023 1 0 0 NONE N 041-080-050
2955

ALMONDWOOD
PL
2955
ALMONDWOOD PL BLD-2023-1989 SFD O 0 1 10/23/2023 1 0 0 NONE Y 041-080-051
2953

ALMONDWOOD
PL
2953
ALMONDWOOD PL BLD-2023-1990 SFD O 0 1 10/23/2023 1 0 0 NONE Y 041-080-052
2951

ALMONDWOOD
PL
2951
ALMONDWOOD PL BLD-2023-1991 SFD O 0 1 10/23/2023 1 0 0 NONE Y 032-590-055 531 PINO LN 531 PINO LN BLD-2023-2002 SFD O 0 1 10/25/2023 1 0 0 NONE N 032-590-065 530 PINO LN 530 PINO LN BLD-2023-2003 SFD O 0 1 10/25/2023 1 0 0 NONE N 032-590-066 526 PINO LN 526 PINO LN BLD-2023-2004 SFD O 0 1 10/25/2023 1 0 0 NONE N 032-590-052 535 PINO LN 535 PINO LN BLD-2023-2202 SFD O 0 1 12/6/2023 1 0 0 NONE N 032-590-051 539 PINO LN 539 PINO LN BLD-2023-2203 SFD O 0 1 12/6/2023 1 0 0 NONE N 032-590-071 538 PINO LN 538 PINO LN BLD-2023-2204 SFD O 0 1 12/6/2023 1 0 0 NONE N 032-590-070 534 PINO LN 534 PINO LN BLD-2023-2205 SFD O 0 1 12/6/2023 1 0 0 NONE N 032-590-050 543 PINO LN 543 PINO LN BLD-2023-2270 SFD O 0 1 12/20/2023 1 0 0 NONE N 032-590-049 547 PINO LN 547 PINO LN BLD-2023-2271 SFD O 0 1 12/20/2023 1 0 0 NONE N 032-590-048 551 PINO LN 551 PINO LN BLD-2023-2272 SFD O 0 1 12/20/2023 1 0 0 NONE N 032-590-056 555 PINO LN 555 PINO LN BLD-2023-2273 SFD O 0 1 12/20/2023 1 0 0 NONE N 032-590-069 550 PINO LN 550 PINO LN BLD-2023-2274 SFD O 0 1 12/20/2023 1 0 0 NONE N 032-590-068 546 PINO LN 546 PINO LN BLD-2023-2275 SFD O 0 1 12/20/2023 1 0 0 NONE N 032-590-067 542 PINO LN 542 PINO LN BLD-2023-2276 SFD O 0 1 12/20/2023 1 0 0 NONE N 033-052-017 110 DOUGLAS RD 110 DOUGLAS RD BLD-2020-0067 SFD O 0 0 1 1/26/2023 1 0 NONE Y 033-470-042 825 HARDCASTLE

RANCH RD
825 HARDCASTLE
RANCH RD BLD-2020-1442 SFD O 0 0 1 6/14/2023 1 0 NONE Y 034-080-047 3771 DANIEL DR 3771 DANIEL DR BLD-2019-0948 SFD O 0 0 1 4/18/2023 1 0 NONE Y 037-610-092 252 AGATA WAY 252 AGATA WAY BLD-2021-1166 SFD O 0 0 1 8/3/2023 1 0 NONE Y 037-610-058 277 AGATA WAY 277 AGATA WAY BLD-2021-1467 SFD O 0 0 1 8/3/2023 1 0 NONE Y 037-610-055 289 AGATA WAY 289 AGATA WAY BLD-2021-1649 SFD O 0 0 1 8/3/2023 1 0 NONE Y 037-610-057 281 AGATA WAY 281 AGATA WAY BLD-2021-1651 SFD O 0 0 1 8/3/2023 1 0 NONE Y 037-610-049 104 DIEGO CT 104 DIEGO CT BLD-2021-1934 SFD O 0 0 1 8/8/2023 1 0 NONE Y 037-620-001 500 GEMSTONE
WAY
500 GEMSTONE
WAY BLD-2021-1908 SFD O 0 0 1 12/19/2023 1 0 NONE Y
034-550-021 22 MILLWOOD CT 22 MILLWOOD CT BLD-2021-3002 SFD O 0 0 1 5/25/2023 1 0 NONE Y 034-550-023 18 MILLWOOD CT 18 MILLWOOD CT BLD-2021-3004 SFD O 0 0 1 1/20/2023 1 0 NONE Y 034-550-024 16 MILLWOOD CT 16 MILLWOOD CT BLD-2021-3005 SFD O 0 0 1 1/5/2023 1 0 NONE Y 034-550-025 14 MILLWOOD CT 14 MILLWOOD CT BLD-2021-3006 SFD O 0 0 1 1/17/2023 1 0 NONE Y 034-550-012 23 MILLWOOD CT 23 MILLWOOD CT BLD-2022-0525 SFD O 0 0 1 2/13/2023 1 0 NONE Y 034-550-013 25 MILLWOOD CT 25 MILLWOOD CT BLD-2022-0526 SFD O 0 0 1 2/22/2023 1 0 NONE Y 034-550-014 27 MILLWOOD CT 27 MILLWOOD CT BLD-2022-0527 SFD O 0 0 1 5/18/2023 1 0 NONE Y 034-550-015 29 MILLWOOD CT 29 MILLWOOD CT BLD-2022-0528 SFD O 0 0 1 4/26/2023 1 0 NONE Y 034-550-016 32 MILLWOOD CT 32 MILLWOOD CT BLD-2022-0529 SFD O 0 0 1 6/27/2023 1 0 NONE Y 034-550-017 30 MILLWOOD CT 30 MILLWOOD CT BLD-2022-0530 SFD O 0 0 1 5/8/2023 1 0 NONE Y 034-550-018 28 MILLWOOD CT 28 MILLWOOD CT BLD-2022-0531 SFD O 0 0 1 5/24/2023 1 0 NONE Y 034-550-020 24 MILLWOOD CT 24 MILLWOOD CT BLD-2022-0533 SFD O 0 0 1 2/17/2023 1 0 NONE Y 032-590-001 301 ORSO WAY 301 ORSO WAY BLD-2022-0652 SFD O 0 0 1 2/17/2023 1 0 NONE N 032-590-002 305 ORSO WAY 305 ORSO WAY BLD-2022-0653 SFD O 0 0 1 2/17/2023 1 0 NONE N 032-590-003 309 ORSO WAY 309 ORSO WAY BLD-2022-0654 SFD O 0 0 1 2/16/2023 1 0 NONE N 032-590-022 306 ORSO WAY 306 ORSO WAY BLD-2022-0657 SFD O 0 0 1 2/17/2023 1 0 NONE N 032-590-023 302 ORSO WAY 302 ORSO WAY BLD-2022-0658 SFD O 0 0 1 2/17/2023 1 0 NONE N 034-580-034 313 ADORA LN 313 ADORA LN BLD-2022-0672 SFD O 0 0 1 1/18/2023 1 0 NONE Y 037-620-067 221 COLD CREEK
DR
221 COLD CREEK
DR BLD-2022-0855 SFD O 0 0 1 1/4/2023 1 0 NONE Y
037-620-068 225 COLD CREEK
DR
225 COLD CREEK
DR BLD-2022-0856 SFD O 0 0 1 1/4/2023 1 0 NONE Y
037-620-069 229 COLD CREEK
DR
229 COLD CREEK
DR BLD-2022-0857 SFD O 0 0 1 1/5/2023 1 0 NONE Y
037-620-070 233 COLD CREEK
DR
233 COLD CREEK
DR BLD-2022-0858 SFD O 0 0 1 1/5/2023 1 0 NONE Y
037-620-098 226 COLD CREEK
DR
226 COLD CREEK
DR BLD-2022-0860 SFD O 0 0 1 1/18/2023 1 0 NONE Y
037-620-099 230 COLD CREEK
DR
230 COLD CREEK
DR BLD-2022-0861 SFD O 0 0 1 1/18/2023 1 0 NONE Y
037-620-100 234 COLD CREEK
DR
234 COLD CREEK
DR BLD-2022-0862 SFD O 0 0 1 1/18/2023 1 0 NONE Y
034-080-048 3781 DANIEL DR 3781 DANIEL DR BLD-2021-2575 SFD O 0 0 1 11/30/2023 1 0 NONE Y 034-580-013 252 EAGLE NEST
DR
252 EAGLE NEST
DR BLD-2022-0699 SFD O 0 0 1 5/25/2023 1 0 NONE Y
034-580-014 248 EAGLE NEST
DR
248 EAGLE NEST
DR BLD-2022-0700 SFD O 0 0 1 7/6/2023 1 0 NONE Y
034-580-015 244 EAGLE NEST
DR
244 EAGLE NEST
DR BLD-2022-0701 SFD O 0 0 1 4/5/2023 1 0 NONE Y
034-580-016 240 EAGLE NEST
DR
240 EAGLE NEST
DR BLD-2022-0702 SFD O 0 0 1 3/31/2023 1 0 NONE Y
034-580-017 237 EAGLE NEST
DR
237 EAGLE NEST
DR BLD-2022-0703 SFD O 0 0 1 4/3/2023 1 0 NONE Y
034-580-018 233 EAGLE NEST
DR
233 EAGLE NEST
DR BLD-2022-0704 SFD O 0 0 1 4/27/2023 1 0 NONE Y
034-580-039 247 EAGLE NEST
DR
247 EAGLE NEST
DR BLD-2022-0705 SFD O 0 0 1 6/7/2023 1 0 NONE Y
034-580-040 251 EAGLE NEST
DR
251 EAGLE NEST
DR BLD-2022-0706 SFD O 0 0 1 6/12/2023 1 0 NONE Y
037-620-071 237 COLD CREEK
DR
237 COLD CREEK
DR BLD-2022-1100 SFD O 0 0 1 2/1/2023 1 0 NONE Y
127
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
A2 1 Prior A2 1 Current A2 1 Address A2 1 Name A2 1 ID A2 2 Unit A2 3 Tenure A2 4 vLowDeed A2 4 vLowNone A2 4 LowDeed A2 4 LowNone A2 4 ModDeed A2 4 ModNone A2 4 Above A2 5 Date A2 6 Units A2 7 vLowDeed A2 7 vLowNone A2 7 LowDeed A2 7 LowNone A2 7 ModDeed A2 7 ModNone A2 7 Above A2 8 Date A2 9 Units A2 10 vLowDeed A2 10 vLowNone A2 10 LowDeed A2 10 LowNone A2 10 ModDeed A2 10 ModNone A2 10 Above A2 10 Date A2 10 Units A2 13 xLow A2 14 Stream A2 15 Infill A2 16 Assist A2 17 Deed A2 18 Affordable A2 19 Terms A2 20 Units A2 20 Dest A2 20 Demo A2 22 DB A2 23 DB A2 24 DB A2 25 DB A2 21 Notes Note: "+" indicates an optional field
037-620-072 241 COLD CREEK
DR
241 COLD CREEK
DR BLD-2022-1101 SFD O 0 0 1 2/1/2023 1 0 NONE Y
037-620-073 245 COLD CREEK
DR
245 COLD CREEK
DR BLD-2022-1102 SFD O 0 0 1 2/2/2023 1 0 NONE Y
037-620-074 249 COLD CREEK
DR
249 COLD CREEK
DR BLD-2022-1103 SFD O 0 0 1 2/2/2023 1 0 NONE Y
037-620-101 238 COLD CREEK
DR
238 COLD CREEK
DR BLD-2022-1104 SFD O 0 0 1 2/3/2023 1 0 NONE Y
037-620-102 242 COLD CREEK
DR
242 COLD CREEK
DR BLD-2022-1105 SFD O 0 0 1 2/3/2023 1 0 NONE Y
037-620-103 246 COLD CREEK
DR
246 COLD CREEK
DR BLD-2022-1106 SFD O 0 0 1 2/6/2023 1 0 NONE Y
037-620-104 250 COLD CREEK
DR
250 COLD CREEK
DR BLD-2022-1108 SFD O 0 0 1 2/6/2023 1 0 NONE Y
032-590-009 333 ORSO WAY 333 ORSO WAY BLD-2022-0983 SFD O 0 0 1 7/17/2023 1 0 NONE N 032-590-010 337 ORSO WAY 337 ORSO WAY BLD-2022-0984 SFD O 0 0 1 3/14/2023 1 0 NONE N 032-590-013 342 ORSO WAY 342 ORSO WAY BLD-2022-0987 SFD O 0 0 1 3/14/2023 1 0 NONE N 032-590-014 338 ORSO WAY 338 ORSO WAY BLD-2022-0988 SFD O 0 0 1 4/4/2023 1 0 NONE N 032-590-016 330 ORSO WAY 330 ORSO WAY BLD-2022-0990 SFD O 0 0 1 5/19/2023 1 0 NONE N 034-550-074 724 FRAZIER DR 724 FRAZIER DR BLD-2021-1209 SFD O 0 0 1 7/21/2023 1 0 NONE Y 034-550-075 726 FRAZIER DR 726 FRAZIER DR BLD-2021-1210 SFD O 0 0 1 9/20/2023 1 0 NONE Y 034-550-076 728 FRAZIER DR 728 FRAZIER DR BLD-2021-1211 SFD O 0 0 1 7/12/2023 1 0 NONE Y 034-550-078 727 FRAZIER DR 727 FRAZIER DR BLD-2021-1213 SFD O 0 0 1 9/20/2023 1 0 NONE Y 034-550-079 725 FRAZIER DR 725 FRAZIER DR BLD-2021-1214 SFD O 0 0 1 12/12/2023 1 0 NONE Y 034-550-080 723 FRAZIER DR 723 FRAZIER DR BLD-2021-1215 SFD O 0 0 1 12/19/2023 1 0 NONE Y 033-080-026 421 HILL AVE 421 HILL AVE BLD-2022-0772 SFD O 0 0 1 9/7/2023 1 0 NONE Y 041-080-040 5020 NEROLY RD 5020 NEROLY RD BLD-2022-2025 SFD O 0 0 1 12/14/2023 1 0 NONE Y 041-080-041 5010 NEROLY RD 5010 NEROLY RD BLD-2022-2026 SFD O 0 0 1 12/14/2023 1 0 NONE Y 041-080-042 5000 NEROLY RD 5000 NEROLY RD BLD-2022-2027 SFD O 0 0 1 8/29/2023 1 0 NONE Y 037-620-075 253 COLD CREEK
DR
253 COLD CREEK
DR BLD-2022-1653 SFD O 0 0 1 5/8/2023 1 0 NONE Y
037-620-076 257 COLD CREEK
DR
257 COLD CREEK
DR BLD-2022-1654 SFD O 0 0 1 5/8/2023 1 0 NONE Y
037-620-077 261 CINNABAR
WAY 261 CINNABAR WAY BLD-2022-1656 SFD O 0 0 1 5/8/2023 1 0 NONE Y 037-620-078 265 CINNABAR
WAY 265 CINNABAR WAY BLD-2022-1657 SFD O 0 0 1 5/23/2023 1 0 NONE Y 037-620-079 269 CINNABAR
WAY 269 CINNABAR WAY BLD-2022-1658 SFD O 0 0 1 6/27/2023 1 0 NONE Y 037-620-080 273 CINNABAR
WAY 273 CINNABAR WAY BLD-2022-1659 SFD O 0 0 1 6/27/2023 1 0 NONE Y 037-620-081 277 CINNABAR
WAY 277 CINNABAR WAY BLD-2022-1660 SFD O 0 0 1 6/28/2023 1 0 NONE Y 037-620-082 281 CINNABAR
WAY 281 CINNABAR WAY BLD-2022-1661 SFD O 0 0 1 6/28/2023 1 0 NONE Y 032-590-007 325 ORSO WAY 325 ORSO WAY BLD-2022-1986 SFD O 0 0 1 7/7/2023 1 0 NONE N 032-590-008 329 ORSO WAY 329 ORSO WAY BLD-2022-1987 SFD O 0 0 1 4/3/2023 1 0 NONE N 032-590-017 326 ORSO WAY 326 ORSO WAY BLD-2022-1988 SFD O 0 0 1 4/4/2023 1 0 NONE N 032-590-018 322 ORSO WAY 322 ORSO WAY BLD-2022-1989 SFD O 0 0 1 7/18/2023 1 0 NONE N 032-590-006 321 ORSO WAY 321 ORSO WAY BLD-2022-2466 SFD O 0 0 1 5/19/2023 1 0 NONE N 032-590-019 318 ORSO WAY 318 ORSO WAY BLD-2022-2467 SFD O 0 0 1 7/20/2023 1 0 NONE N 032-590-020 314 ORSO WAY 314 ORSO WAY BLD-2022-2468 SFD O 0 0 1 7/20/2023 1 0 NONE N 032-590-024 441 LEDRO WAY 441 LEDRO WAY BLD-2022-2469 SFD O 0 0 1 8/21/2023 1 0 NONE N 035-523-010 479 VINEWOOD
DR 479 VINEWOOD DR BLD-2022-0040 ADU R 0 0 1 1/26/2023 1 0 NONE N 032-590-026 433 LEDRO WAY 433 LEDRO WAY BLD-2022-2476 SFD O 0 0 1 9/28/2023 1 0 NONE N 032-590-036 442 LEDRO WAY 442 LEDRO WAY BLD-2022-2478 SFD O 0 0 1 8/24/2023 1 0 NONE N 032-590-037 438 LEDRO WAY 438 LEDRO WAY BLD-2022-2479 SFD O 0 0 1 9/14/2023 1 0 NONE N 032-590-038 434 LEDRO WAY 434 LEDRO WAY BLD-2022-2480 SFD O 0 0 1 9/15/2023 1 0 NONE N 032-590-027 429 LEDRO WAY 429 LEDRO WAY BLD-2022-2481 SFD O 0 0 1 9/28/2023 1 0 NONE N 032-590-028 425 LEDRO WAY 425 LEDRO WAY BLD-2022-2482 SFD O 0 0 1 10/4/2023 1 0 NONE N 032-590-039 430 LEDRO WAY 430 LEDRO WAY BLD-2022-2483 SFD O 0 0 1 10/17/2023 1 0 NONE N 032-590-040 426 LEDRO WAY 426 LEDRO WAY BLD-2022-2484 SFD O 0 0 1 10/18/2023 1 0 NONE N 032-590-041 422 LEDRO WAY 422 LEDRO WAY BLD-2022-2485 SFD O 0 0 1 10/20/2023 1 0 NONE N 037-620-019 416 COOLCREST
DR
416 COOLCREST
DR BLD-2022-2401 SFD O 0 0 1 10/17/2023 1 0 NONE Y
037-620-018 420 COOLCREST
DR
420 COOLCREST
DR BLD-2022-2403 SFD O 0 0 1 10/17/2023 1 0 NONE Y
037-620-022 428 COOLCREST
DR
428 COOLCREST
DR BLD-2022-2404 SFD O 0 0 1 10/12/2023 1 0 NONE Y
037-620-023 432 COOLCREST
DR
432 COOLCREST
DR BLD-2022-2405 SFD O 0 0 1 10/6/2023 1 0 NONE Y
037-620-025 440 COOLCREST
DR
440 COOLCREST
DR BLD-2022-2407 SFD O 0 0 1 9/26/2023 1 0 NONE Y
037-620-026 444 COOLCREST
DR
444 COOLCREST
DR BLD-2022-2408 SFD O 0 0 1 9/22/2023 1 0 NONE Y
037-620-027 448 COOLCREST
DR
448 COOLCREST
DR BLD-2022-2409 SFD O 0 0 1 9/18/2023 1 0 NONE Y
037-620-028 452 COOLCREST
DR
452 COOLCREST
DR BLD-2022-2410 SFD O 0 0 1 9/18/2023 1 0 NONE Y
037-620-017 424 COOLCREST
DR
424 COOLCREST
DR BLD-2022-2411 SFD O 0 0 1 10/20/2023 1 0 NONE Y
037-620-029 456 COOLCREST
DR
456 COOLCREST
DR BLD-2022-2412 SFD O 0 0 1 9/7/2023 1 0 NONE Y
037-620-030 460 COOLCREST
DR
460 COOLCREST
DR BLD-2022-2414 SFD O 0 0 1 9/1/2023 1 0 NONE Y
037-620-031 464 COOLCREST
DR
464 COOLCREST
DR BLD-2022-2415 SFD O 0 0 1 8/31/2023 1 0 NONE Y
037-620-032 301 SLATE ST 301 SLATE ST BLD-2022-2416 SFD O 0 0 1 8/28/2023 1 0 NONE Y 037-620-033 305 SLATE ST 305 SLATE ST BLD-2022-2417 SFD O 0 0 1 8/23/2023 1 0 NONE Y 037-620-034 309 SLATE ST 309 SLATE ST BLD-2022-2418 SFD O 0 0 1 8/22/2023 1 0 NONE Y 037-620-035 313 SLATE ST 313 SLATE ST BLD-2022-2419 SFD O 0 0 1 8/22/2023 1 0 NONE Y 037-620-036 317 SLATE ST 317 SLATE ST BLD-2022-2420 SFD O 0 0 1 8/15/2023 1 0 NONE Y 037-620-037 321 SLATE ST 321 SLATE ST BLD-2022-2430 SFD O 0 0 1 8/10/2023 1 0 NONE Y 037-620-038 325 SLATE ST 325 SLATE ST BLD-2022-2431 SFD O 0 0 1 8/10/2023 1 0 NONE Y 037-620-039 329 SLATE ST 329 SLATE ST BLD-2022-2432 SFD O 0 0 1 8/8/2023 1 0 NONE Y 037-620-040 333 SLATE ST 333 SLATE ST BLD-2022-2433 SFD O 0 0 1 8/8/2023 1 0 NONE Y 037-620-083 285 CINNABAR
WAY 285 CINNABAR WAY BLD-2022-2434 SFD O 0 0 1 7/10/2023 1 0 NONE Y 037-620-084 289 CINNABAR
WAY 289 CINNABAR WAY BLD-2022-2435 SFD O 0 0 1 7/11/2023 1 0 NONE Y 037-620-085 293 CINNABAR
WAY 293 CINNABAR WAY BLD-2022-2436 SFD O 0 0 1 7/17/2023 1 0 NONE Y 037-620-086 297 CINNABAR
WAY 297 CINNABAR WAY BLD-2022-2437 SFD O 0 0 1 7/17/2023 1 0 NONE Y 034-580-009 130 MIRA VISTA
DR 130 MIRA VISTA DR BLD-2022-1856 SFD O 0 0 1 7/25/2023 1 0 NONE Y 034-590-040 124 MIRA VISTA
DR 124 MIRA VISTA DR BLD-2022-1857 SFD O 0 0 1 7/27/2023 1 0 NONE Y 034-580-011 260 EAGLE NEST
DR
260 EAGLE NEST
DR BLD-2022-1858 SFD O 0 0 1 7/20/2023 1 0 NONE Y
034-580-012 256 EAGLE NEST
DR
256 EAGLE NEST
DR BLD-2022-1859 SFD O 0 0 1 7/21/2023 1 0 NONE Y
128
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
A2 1 Prior A2 1 Current A2 1 Address A2 1 Name A2 1 ID A2 2 Unit A2 3 Tenure A2 4 vLowDeed A2 4 vLowNone A2 4 LowDeed A2 4 LowNone A2 4 ModDeed A2 4 ModNone A2 4 Above A2 5 Date A2 6 Units A2 7 vLowDeed A2 7 vLowNone A2 7 LowDeed A2 7 LowNone A2 7 ModDeed A2 7 ModNone A2 7 Above A2 8 Date A2 9 Units A2 10 vLowDeed A2 10 vLowNone A2 10 LowDeed A2 10 LowNone A2 10 ModDeed A2 10 ModNone A2 10 Above A2 10 Date A2 10 Units A2 13 xLow A2 14 Stream A2 15 Infill A2 16 Assist A2 17 Deed A2 18 Affordable A2 19 Terms A2 20 Units A2 20 Dest A2 20 Demo A2 22 DB A2 23 DB A2 24 DB A2 25 DB A2 21 Notes Note: "+" indicates an optional field
034-580-041 255 EAGLE NEST
DR
255 EAGLE NEST
DR BLD-2022-1860 SFD O 0 0 1 8/8/2023 1 0 NONE Y
034-580-042 259 EAGLE NEST
DR
259 EAGLE NEST
DR BLD-2022-1861 SFD O 0 0 1 8/28/2023 1 0 NONE Y
033-470-049 537 RAMOS

RANCH RD
537 RAMOS RANCH
RD BLD-2022-0488 SFD O 0 0 1 9/15/2023 1 0 NONE Y
033-470-051 529 RAMOS

RANCH RD
529 RAMOS RANCH
RD BLD-2022-0490 SFD O 0 0 1 9/6/2023 1 0 NONE Y
033-470-052 525 RAMOS

RANCH RD
525 RAMOS RANCH
RD BLD-2022-0491 SFD O 0 0 1 8/31/2023 1 0 NONE Y
033-470-053 521 RAMOS

RANCH RD
521 RAMOS RANCH
RD BLD-2022-0492 SFD O 0 0 1 8/24/2023 1 0 NONE Y
033-470-054 517 RAMOS

RANCH RD
517 RAMOS RANCH
RD BLD-2022-0493 SFD O 0 0 1 8/21/2023 1 0 NONE Y
033-470-055 513 RAMOS

RANCH RD
513 RAMOS RANCH
RD BLD-2022-0494 SFD O 0 0 1 8/9/2023 1 0 NONE Y
033-470-056 509 RAMOS

RANCH RD
509 RAMOS RANCH
RD BLD-2022-0495 SFD O 0 0 1 8/4/2023 1 0 NONE Y
033-470-058 501 RAMOS

RANCH RD
501 RAMOS RANCH
RD BLD-2022-0497 SFD O 0 0 1 7/31/2023 1 0 NONE Y
034-550-072 720 FRAZIER DR 720 FRAZIER DR BLD-2022-0647 SFD O 0 0 1 10/17/2023 1 0 NONE Y 034-550-073 722 FRAZIER DR 722 FRAZIER DR BLD-2022-0648 SFD O 0 0 1 9/25/2023 1 0 NONE Y 034-550-082 719 FRAZIER DR 719 FRAZIER DR BLD-2022-0649 SFD O 0 0 1 10/4/2023 1 0 NONE Y 129
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 4 6 - - - - - - - -
Above Moderate 446 163 92 - - - - - - - - 255 191
1,058
167 98 - - - - - - - - 265 793
5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date Total Units
Remaining
140 - - - - - - - - - - 140
VLI Deed Restricted
VLI Non Deed Restricted
LI Deed Restricted
LI Non Deed Restricted
MI Deed Restricted
MI Non Deed Restricted
Above Mod Income
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
162
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
10 Moderate
279
161
172
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
279
161
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 130
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

INTENTIONALLY LEFT BLANK
131
Jurisdiction Oakley
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1.1 REZONE ADEQUATE

SITES TO MEET

REMAINING RHNA NEED
Provision of Adequate Sites to accommodate remaining RHNA need of 434 lower income units. Before January 21, 2026 Planning Staff are working on rezone for Planning Commission and Council Review in early 2025.

1.2 MAINTAIN AN

INVENTORY OF

AVAILABLE

LAND RESOURCES
Inventory of Available Land Resources Ongoing, update inventory as development projects are approved The City has developed a map of vacant and underutilized parcels. The list includes both vacant parcels and parcels that have infill potential. The City is working to update the map following rezoning and is also in the process of integrating interactive GIS data that will be availble to the public.

1.3 ENCOURAGE

DEVELOPMENT OF NEW

AFFORDABLE RENTAL

HOUSING
Offer regulatory and financial incentives to affordable developments.

Distribute news blast to affordable housing developers within three months
of implementing Action 1.1. Provide ongoing support to affordable housing
developers as projects are proposed.

The City is exploring regulatory and financial incentives to implement. The City expects to notify affordable housing developers following the completion of Program 1.1.

1.4 PROMOTE

ACCESSORY DWELLING
UNITS
The City shall facilitate the construction of new accessory dwelling units by promoting the Pre-Approved ADU Program including the ADU How-to-Guide for Oakley residents,
homeowners, and contractors made available on the City
website.

Ongoing, monitor legislative changes annually and update ordinance within
the timeframe required by new legislation. Re-publish newsletter article and
highlight on City website main page by June 2023 and annually thereafter.

The City has posted multiple articles in City emailed and printed newsletters highlighting the relative ease associated with obtaining an ADU permit. The ADU webpage for the City has been updated so it's easier to use and understand. The City continues to monitor changes in state law.

1.5 OBJECTIVE

STANDARDS
The City shall prepare and adopt objective development and design standards for residential and mixed-use development to facilitate housing production by providing clarity and certainty for applicants proposing residential development in the City.

Dec-23 The City is actively working on development objective standards and expects to complete them this year.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 132

1.6 DENSITY BONUS

ORDINANCE
Implement Density Bonus Ordinance in compliance with State law
Update Density Bonus Ordinance by January 31, 2024. Review State density
bonus law annually and amend ordinance within the timeframe required by
new legislation as necessary to maintain compliance with State law The City Planning Division is working to complete an ordinance before the end of the fiscal year.

1.7 MONITOR

DEVELOPMENT FEES
The City shall continue to monitor required development fees including in-lieu fees, development impact fees, and
processing fees, with the aim of reducing constraints on the development of affordable housing.

Annually.

The City's Planning Division anticipates evaluating constraints on affordable development caused by fees in 2025 when a full year has elapse since the housing element was approved.

1.8 AMENDMENTS TO THE

DOWNTOWN SPECIFIC
PLAN
Accelerate housing production in the downtown by providing clarity and
transparency in the application of development standards Dec-24 The Planning Division is exploring by-right density for the downtown and objective design standards.

2.1 REHABILITATION OF

EXISTING HOUSING
UNITS
The City shall encourage the rehabilitation of existing housing units by providing information on programs available to assist in housing rehabilitation.

Update City website by December 2024 The City's Planning Division is working to update the City's website with rehabilitation information by December 2024.

2.2 CODE ENFORCEMENT
Within current staffing limits, the City will continue to implement the Property Maintenance Program and Residential Rental Inspection Program to enforce the City’s
Building Code to address code violations that affect singlefamily and multi-family housing units.

Ongoing
The City has successfully operated the rental inspection program. The Code Enforcement division has identified multiple examples of substandard housing and have encouraged the associated successful application for permits.

2.3 DOWNTOWN-SPECIFIC

INVESTMENT PROGRAM
Provide adequate infrastructure and encourage revitalization of Downtown
Oakley to improve pedestrian safety and expand access to transit, services, and amenities to residents living in low resource neighborhoods in and around Downtown.

Initiate sidewalk repair and replacement projects in Spring 2023.

Begin demolition of Sheriff’s Substation for new library facility in Spring/Summer 2023.

Release Request for Proposals (RFPs) for Architectural Design and Economic Analysis for new library facility in Summer 2023.

Initiate Downtown storm drain improvement project in Summer 2023.

Initiate street resurfacing and repair in Summer 2023.

The City continued to build public improvements in the downtown in 2023, the Sheriff's substation was demolished in 2023, RFPs were distributed for the library facility.

2.4 MONITOR ASSISTED

HOUSING UNITS
the City will continue to
maintain a database of assisted housing units and regularly monitor assisted housing units to ensure compliance with affordability requirements.

Annual monitoring
Ongoing. The City Planning Division continues to keep a list of deed restricted units and also in 2023 the City tracked approval of new affordable units to continue to maintain the data.
133

3.1 INCREASE ACCESS

TO HOMEOWNERSHIP
To increase access to homeownership for very low-, low-, and moderate-income households, the City will support
homeownership programs carried out by non-profit
housing corporations through provision of land, financial assistance, and/or technical
assistance, as feasible.
2023 and ongoing The City Planning Division continues to explore the programs available so that the information can be disseminated within the year.

3.2 PROMOTE FAIR

HOUSING
The City will acquire and maintain fair housing materials to educate the
community on a variety of fair housing issues. The City will provide flyers and brochures in English and other languages that are available from the California Department of Fair Housing and Employment and the federal Office of Fair
Housing and Equal Opportunity, as appropriate, that highlight the provisions of federal and state fair housing laws.

Contact State agencies to secure informational materials by November
2023 and distribute materials by June 2024 and annually thereafter The City Planning Division plans to complete these items by June 2024.

3.3 HOUSING CHOICE

VOUCHER PROGRAM
The City shall continue to support the Housing Authority of Contra Costa County in its continuing administration of the Housing Choice Voucher (HCV) Program to assist very
low-income Oakley households.

Initiate collaboration with the Housing Authority in 2025; ongoing The Oakley Planning Division expects to continue this work in 2025.

3.4 HOUSING FOR

EXTREMELY-LOW
INCOME

HOUSEHOLDS AND

SPECIAL NEEDS GROUPS
The City shall encourage the development of housing units for extremely low-income households (earning 30 percent or less of the median income for Contra Costa County) and for
households with special housing needs, including persons with disabilities and
developmental disabilities, farmworkers, and persons/families experiencing or at-risk of
homelessness.

Outreach to developers of special needs housing in 2024 and biannually thereafter; ongoing support of development projects
The Oakley Planning Division expects to reach out to developers of special needs housing in 2024.

3.5 REASONABLE

ACCOMMODATION

PROCEDURES
To accommodate the housing needs of persons with
disabilities and provide a streamlined permit review process, the City shall prepare and adopt a reasonable accommodation ordinance.

Adopt reasonable accommodation ordinance by June 2025 The City is on track to adopt a reasonable accomodation ordinance by June 2025.

3.6 ZONING

AMENDMENTS FOR

SPECIAL NEEDS

HOUSING
The City shall amend the Zoning Code to ensure compliance with State law and encourage special needs housing. Within one year of Housing Element adoption The City of Oakley Planning Division expects to complete this work in 2024. 134

3.7 ADEQUATE

EMERGENCY SHELTER
SITES
The City currently (2023) allows emergency shelters as a byright permitted use on the Civic Center site within the Downtown Specific Plan.

January of 2024 The Oakley Planning Division has worked on finding the appropraite zone, and expects to complete this work in 2024.

3.8 INCREASE CAPACITY

FOR CIVIC ENGAGEMENT
The City shall work to increase capacity for civic engagement with an emphasis on building capacity among historically underrepresented populations.

Conduct targeted outreach to affordable housing building leaders quarterly
starting in 2023. Work with the OYAC in 2023 to identify ways to reach underserved and underrepresented populations in planning processes such as the General Plan and Housing Element.

Consider initiating Leadership Academy in 2024.

The Oakley Planning Division expects to work on this action item and its various facets in 2024 and 2025.

3.9 TENANTS’ RIGHTS

INFORMATION
The City will partner with fair housing organizations to ensure that resident have information about the California Tenant Protection Act of 2019 (AB 1482). Develop print and online educational materials and make materials availability at City facilities, on the City’s website, and at apartment complexes throughout the City.

Jan-25 The Oakley Planning Division expects to complete this work by January 2025. 135
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

INTENTIONALLY LEFT BLANK
136
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

INTENTIONALLY LEFT BLANK
137
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA

INTENTIONALLY LEFT BLANK
138
Jurisdiction Oakley
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

INTENTIONALLY LEFT BLANK
139
Jurisdiction Oakley Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
034-040-028 Neroly Road Vacant Surplus Land 3.98
037-050-013 1033 Main Street Vacant Surplus Land 0.568
033-302-026 95 Laurel Road Vacant Surplus Land 1 Deeded to City for Child Care use 035-181-005 3960 Main Street Vacant Surplus Land 0.569
035-181-004 3960 Main Street Vacant Surplus Land 0.02
037-150-030 2950 Main Street Vacant Surplus Land 0.32
037-150-026 2990 Main Street Vacant Surplus Land 0.91
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 140
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020

INTENTIONALLY LEFT BLANK
141
Jurisdiction Oakley ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
No
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).

Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.

Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes

INTENTIONALLY LEFT BLANK
142
Jurisdiction Oakley
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Housing Element Components $36,500.00 $36,500.00
Local
General
Fund Applied for and received reimbursement in 2023.

Housing Element Project Initiation
and Administration $13,500.00 $13,500.00
Local
General
Fund Applied for and received reimbursement in 2023.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 8
Non-Deed Restricted 0
153
161
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
92 98
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 50,000.00
Task Status
Completed
Completed
143
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
166
Total Units 167
Low
Moderate
Above Moderate
144
Oakley Housing Fund
SB 341 Annual Reporting Requirements for Housing Successors to Redevelopment Agencies
For Fiscal Year Ended June 30, 2023

1. Amounts Deposited into the Low & Moderate Housing Asset Fund, distinguishing any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) from other amounts deposited.
a. ROPS Schedule Funding $ 0
b. Loan Payments Received $ 1,819
c. Interest Earnings on Cash Balances $ 13,502
Total Deposits $15,321.

2. A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS from other amounts:

Cash $ 378,744
Restricted for Current Payables $ 0_
Available Cash Balance $378,744

3. Description of the expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long‐term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).
(A) Monitoring and Preserving LT Affordability of Units $ 3,233 (B) Homeless Prevention $ 0
(C)Development of Housing $ 0
(D)Other (accounting, bank fees, etc..) $25,485
Total Expenditures $28,718.

4. As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of the loans and grants receivable, and the sum of these two amounts.

Real Property Owned $ 0
Loans Receivable $12,246,459
Total $12,246,459
145
Oakley Housing Fund
SB 341 Annual Report
For Fiscal Year Ended June 30, 2023

5. Description of any transfers made pursuant to paragraph (2) of subdivision ( C) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. $0 (No transfers made under this section, in the current or any prior year).

6. Description of Projects for which the Oakley Housing Fund receives or is holding property tax revenue pursuant to the ROPS and the status of that project.

N/A -The Oakley Housing Fund neither receives nor holds property tax revenue pursuant to a ROPS.

7. For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with section 33334.16. For interest in real property acquired on or after February 1, 2012, a status update on the project.

N/A – The Oakley Housing Fund owns no real property.

8. a. A description of outstanding obligations pursuant to Section 33413 that remain to transfer to the Housing Successor on February 1, 2012.

The Oakley Housing Fund is obligated to pay the remaining deferred impact fee obligation related to the Oakley Cypress Associates project.

The balance at June 30, 2022, including interest, was $1,199,893. b. A description of the Housing Successor's progress in meeting obligations described in 8a.

Very little progress has been made since dissolution of the Oakley Redevelopment Agency, as these fees were only recently confirmed as solely a Housing Successor obligation, and the Department of Finance continually denied any Successor Agency payment.
c. A description of the housing successor's plan to meet unmet obligations described in 8a.

The Housing Successor receives loan repayments each year, and after paying for the services described in item 3 above, it will continue to use remaining balances to pay down this obligation. Given the state of the projects and length of the loan repayment terms, payment of the impact fees may take decades.

9. Information required by subparagraph (B) or paragraph (3) of subdivision (a). 146
Oakley Housing Fund
SB 341 Annual Report
For Fiscal Year Ended June 30, 2023
N/A.

10.Percentage of units of deed‐restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former RDA and its host jurisdiction within the last 10 years in relation to the aggregate number of units of deed‐restricted rental housing assisted individually or jointly by the housing successor, its former RDA and its host jurisdiction within the same time period.
45%

11. a. The amount of excess surplus. N/A – None.
b. The amount of time that the successor agency has had the excess surplus.

N/A
c. The housing successor's plan for eliminating the excess surplus. N/A 147
Resolution No. -24 Page 1 of 2
RESOLUTION NO. -24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY MAKING

FINDINGS AND APPROVING THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (REPORTING YEAR 2023)
WHEREAS, in November 1998, the voters approved the incorporation of the City of Oakley, to be effective July 1, 1999; and
WHEREAS, on July 1, 1999, the City of Oakley was incorporated; and WHEREAS, after incorporation, the City adopted the Contra Costa County General Plan for the Oakley Area as its General Plan, the County’s subdivision ordinance as its subdivision Ordinance, and the County’s zoning ordinance as its zoning ordinance (Ordinance Nos. 1-99, 17-99, 22-99). Since that time, the City has prepared its own General Plan, as required by Government Code Section 65360; and WHEREAS, in December 2002, the Oakley City Council adopted the Oakley 2020 General Plan; and as part of the General Plan the City developed a 2001-2007 Housing Element, which was certified by The State Department of Housing and Community Development (HCD) in 2005; and
WHEREAS, in August 2009, the Oakley City Council adopted the 2007-2014 Housing Element; and
WHEREAS, in January 2015, the Oakley City Council adopted the 2015-2023 Housing Element; and
WHEREAS, in May 2023, the Oakley City Council adopted the 2023-2031 Housing Element; and
WHEREAS, the City is required to provide housing opportunities for all income groups. HCD reviews the Housing Element portion of the General Plan and requires an Annual Element Progress Report on the implementation of the Housing Element; WHEREAS, the Housing Element Annual Report includes the SB 341 Report as an attachment for the purposes of this resolution;
WHEREAS, the SB 341 Report, which requires annual reporting for housing successors to redevelopment agencies, will be separately submitted to HCD, as well as posted on the City’s website.

NOW, THEREFORE, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the approvals:
148
Resolution No. -24 Page 2 of 2

1. The City has completed the Housing Element Annual Progress Report for reporting year 2023, which outlines the progress the City has made on the goals and policies outlined in the Housing Element:
a. The City shall meet the State Department of Housing and Community Development Department (HCD) requirements to ensure the City is providing adequate housing types for all income groups. b. Compliance with HCD requirements will provide for orderly and wellbalanced growth within the City.

PASSED, APPROVED AND ADOPTED this 26th day of March 2024 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Anissa Williams, Mayor Date
ATTEST:
___________________________
Libby Vreonis, City Clerk Date
149

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: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk
SUBJECT: Request for Approval of Proclamations for Future Agendas – (Transgender Awareness Week, Community Planning Month, National Law Enforcement Appreciation Day)
Background and Analysis
On August 9, 2022, the Oakley City Council approved a proclamation policy. In accordance with the policy, the Mayor, without formal action of the City Council, may issue proclamations on behalf of the City Council that adhere to the policy and are on a pre-approved list adopted by the City Council. Proclamations not on the list may be submitted and brought forth to the City Council for consideration. The attached proclamations are not on the pre-approved list; therefore, approval is requested.

Proclamation requests for Community Planning Month and National Law Enforcement Appreciation Day are intended for the Council to acknowledge City Staff; therefore, a request form has not been included.

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

Fiscal Impact
None.

Staff Recommendation
Staff recommends that the City Council review the requested proclamations and either approve or deny.

Attachments

1. Proclamation Request Form (Transgender Awareness)

2. Sample Proclamation (Transgender Awareness)

3. Sample Proclamation (Community Planning Month)

4. Sample Proclamation (National Law Enforcement Appreciation Day) Approved and
Forwarded to the
City Council
150

OFFICE OF THE CITY CLERK

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

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

You may also submit requests to:

City of Oakley
City Clerk’s Office
3231 Main Street | Oakley, CA 94561
phone: (925) 625-7000| fax: (925) 625-9859
city [email protected]
This annual observance is a time to honor and recognize the diverse transgender community and serve as a reminder of the longstanding struggle for equality and acceptance the transgender community faces. It is a time to remember the courageous individuals who have fought and continue to fight for transgender rights worldwide. It is a celebration of love, self-expression, and the importance of creating a safe and inclusive space for everyone. Throughout the month we hope to organize events and activities that promote awareness, education, and solidarity in our community. By coming together we can make a positive impact and foster a more inclusive city. We hope to embrace diversity, reject discrimination, and stand united with the transgender community.

Together we can build a future where everyone feels accepted, valued, and celebrated. Nearly 75% of trans students feel unsafe at school because of their gender identity which makes it even more important to promote understanding. Flying the LGBT progress pride flag during the week can serve as a way to signal to the LGBTQ community that Oakley stands with the community in hopes of building a better tomorrow.

Nicole Faggiano
151
Oakley Proclamation
Recognizing Transgender Awareness Week
Whereas, the diversity of our community enriches us all and strengthens the fabric of our society; and Whereas, Transgender Awareness Week, observed annually from November 13th to November 19th, seeks to raise visibility of transgender and gender non-conforming people, and to address the issues these communities face; and
Whereas, transgender individuals continue to experience discrimination, violence, and marginalization, often facing barriers to basic human rights such as healthcare, housing, and employment; and Whereas, fostering understanding, acceptance, and support for transgender and gender nonconforming individuals is essential for building a more inclusive and equitable society; and Whereas, our city is committed to promoting dignity, respect, and equality for all residents, regardless of gender identity or expression;
Now, therefore, be it resolved, that we the Oakley City Council, do hereby proclaim the week of November 13th to November 19th, 2024, as Transgender Awareness Week in Oakley. 152

COMMUNITY PLANNING MONTH

PROCLAMATION
WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and
WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and
WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and
WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and
WHEREAS, American Planning Association endorses National Community Planning Month as an opportunity to highlight how planning is essential to recovery and how planners can lead communities to equitable, resilient and long-lasting recovery; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the (State, City, or County) of ________________ (insert name of state, city, or county); and
WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of the _________________ (State or City or County) of _____________ (insert name of state, city, or county) and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2023 is hereby designated as Community Planning Month in the _____________ (State or City or County) of _____________ (insert name of state, city, or county) in conjunction with the celebration of National Community Planning Month.

Adopted this ___________ day of ______________, 2023.
______________________________________ (SEAL)
Chief Elected Official
___________________________________
Clerk
153
Proclamation
National Law Enforcement Appreciation Day
January 9, 20XX
WHEREAS, the health and safety of the citizens of Oakley is important to the happiness, prosperity and well-being of our city’s families and community; and
WHEREAS, the City of Oakley is the proud home of dedicated police officers who put their lives on the line to keep our community safe; and
WHEREAS, these officers stand as leaders and teachers, educating the community about the importance of public safety; and
WHEREAS, the City of Oakley, appreciates the extraordinary efforts and sacrifices made by officers and their family members on a daily basis in order to protect our schools, workplaces, roadways, and homes; and, WHEREAS, National Law Enforcement Appreciation Day is an opportunity to show our support for law enforcement. and,
NOW, THEREFORE, BE IT RESOLVED, that I, _________, Mayor of the City of Oakley, on behalf of the City Council, do hereby declare January 9, 20XX , to be National Law Enforcement Appreciation Day, and call this observance to the attention of all our citizens.
_____________________
, Mayor
154

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: March 26, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Authorize the City Manager to execute an Amendment to the Consulting Services Agreement with Mark Thomas & Co. Inc. for the East Cypress Road Lane Alignment Analysis (RR tracks to Main Street) Project – Capital Improvement Project (CIP) Number 301
Background and Analysis
East Cypress Road is a major transportation corridor in Oakley that not only serves the Oakley residents but also residents of the far east county area and Bethel Island who use East Cypress Road on their daily commute and ultimately access Highway 4 and job centers in the greater Bay Area.

On July 11, 2023, the City Council awarded a consulting contract to Mark Thomas & Co. Inc. in amount of $53,264.50 to perform concept planning and analysis of the alignment of East Cypress Road in the section from the railroad tracks to the intersection with Main Street. The purpose of this analysis was to come up with the most optimized lane alignment to enhance traffic flows and minimize congestion on this roadway.

Staff and the consultant team have worked throughout last year to analyze this section of East Cypress Road and evaluate improvement scenarios, considering the physical constraints on the roadway, such as the railroad crossing, bridge, and adjacent commercial sites. The result of this work was the creation of a preferred plan that would add an additional lane to the westbound direction of East Cypress Road from the railroad tracks to Main Street to improve high traffic flows in that direction on the roadway. This was the most practical and effective option with the least impact on the adjacent sites.

The implementation of this plan is best suited for periods of lower traffic demand on this section of East Cypress Road, which is primarily during school breaks and the summer season. In the interest of time and while Mark Thomas & Co. Inc. is under contract, staff believes now is the best time to prepare the final design for the improvements referenced above so that the design work can be completed and ready for construction ahead of the school breaks and summer season. Staff negotiated with Mark Thomas & Co. Inc. for a final additional design cost of $35,250 for this project.

Approved and
Forwarded to the
City Council
155

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals.

Fiscal Impact
Approval of this resolution will accept the proposal and authorize the City Manager to execute an amendment to the agreement with Mark Thomas & Co. Inc. for an additional cost not to exceed $35,250. The funding of this contract will come from Fund 202. Staff are recommending a budget amendment from the consulting line item to the capital project line item. This will increase the budget for CIP 301 from $60,000 to $95,250.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the design work by Mark Thomas & Co. Inc. for additional design services associated with CIP Number 301 – East Cypress Road Lane Alignment Analysis (RR tracks to Main Street) Project and authorize the City Manager to sign the amendment to the design agreement. Staff is recommending a budget amendment of $35,250 from the consulting line item to the capital project line item.

Attachments

1. Resolution

2. Mark Thomas & Co. Inc. Proposal
156
RESOLUTION NO.___-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NUMBER 1 TO THE CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & CO.

INC. FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH EAST

CYPRESS ROAD LANE ALIGNMENT ANALYSIS (RAILROAD TRACKS TO MAIN STREET) – CAPITAL IMPROVEMENT PROJECT (CIP) NUMBER 301 WHEREAS, as part of the Fiscal Year 2023/24 Budget the City of Oakley approved a 5-Year Capital improvement Program (CIP); and
WHEREAS, Project Number 301 is to perform analysis of the lane alignment on East Cypress Road (Railroad Tracks to Main Street); and WHEREAS, On July 11, 2023, the City Council awarded a consulting contract to Mark Thomas & Co. Inc. to perform concept planning and an alternative analysis for CIP Project Number 301 for an amount not to exceed $53,264.50; and WHEREAS, It is in the best interest of the City to continue the design of CIP 301 to include the final design for the improvements on East Cypress Road between the railroad tracks to Main Street and have this work constructed during upcoming school breaks and the summer season; and
WHEREAS, as requested by the City, Mark Thomas & Co. Inc., has submitted a proposal to prepare additional design services for the section of East Cypress Road between the railroad tracks to Main Street for an amount not to exceed $35,250; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from Mark Thomas & Co. Inc. for the preparation of engineering design services for East Cypress Road between the railroad tracks and Main Street in conjunction with CIP 301 for an amount not to exceed an additional $35,250. Authorize the allocation of a $35,250 budget amendment from the consulting line item to the capital project line item, increasing the budget for CIP 301 from $60,000 to $95,250.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 26th of March 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:
157
APPROVED:

_______________________
ATTEST: Anissa Willliams, Mayor

Libby Vreonis, City Clerk Date
158
March 5, 2024
Mr. Kevin Rohani File: 23-00188
City of Oakley
3231 Main Street
Oakley, CA 94561 US
RE: CITY OF OAKLEY- EAST CYPRESS ROAD ALIGNMENT (CIP 301) – REQUEST FOR

ADDITIONAL BUDGET TO COMPLETE FINAL DESIGN SERVICES
Dear Mr. Rohani:

Per the request from the City of Oakley (City), this scope amends the previously approved scope to cover final design, the Design Standard Decision Document, quality control and quality assurance, and modifications to several tasks described in the original agreement (Preliminary Engineering/ Feasibility Study Phase) between the City and Mark Thomas.

Background
On July 11, 2023, Mark Thomas and the City entered into an agreement for Mark Thomas to provide preliminary engineering services for the East Cypress Road Project. After completing initial alignment work, the City and Mark Thomas determined that field survey was necessary to locate several key existing features in the field. Mark Thomas has received Notice to Proceed (NTP) from the City on November 8, 2023 for topographic survey services that were in addition to our scoped services. (The approved scope and budget for the survey efforts is attached hereto as Exhibit C)
In addition, the City later determined that it would like Mark Thomas to prepare final design plans for the preferred improvements on Cypress Road from the Marsh Creek Bridge to the Main Street intersection based upon the preliminary engineering efforts completed under the contracted scope. Mark Thomas prepared an amendment letter for additional design services which was countersigned by the City on December 19, 2023; however, based upon further discussion with the City on February 15, 2024, that additional services scope was not consistent with the City’s desires and both parties now consider that letter invalid.

Additional Services
Per our understanding and per the attached scope of service (Exhibit A), Mark Thomas will perform final design services for the Project. In order to complete the additional services, Mark Thomas requires authorization of $35,250 to cover the final design and additional services requested by the City. See attached Exhibit B for budget breakdown. The topographic survey services will be a part of this contract amendment (Exhibit C). In addition, recognizing that the scope of the contracted work includes Final Design services, we have agreed to modified contract terms with the City. See attached (Exhibit D) modifications to the contract. 159
PAGE 2 OF 2
We appreciate this opportunity and will continue to complete this project. If you have any questions, please contact Sasha Dansky at (925) 324-1703.

Sincerely,
MARK THOMAS & COMPANY, INC.

Sasha Dansky
Principal + Vice President
Danielle Sanchez, PE, QSD
Project Manager
Accepted:

Signature
Name/Title
Date
160
Cypress Road Improvements
City of Oakley