Agenda packet, joint meeting — Oakley City Council, January 25, 2022 (part 1 of 2)

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY

REDEVELOPMENT AGENCY AND SPECIAL MEETING OF THE OAKLEY

PUBLIC FINANCING AUTHORITY
Tuesday, January 25, 2022
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 Per the Health Officer of the County of Contra Costa, ORDER NO. HO-COVID19-51 dated August 2, 2021, mandates the wearing of face coverings in indoor public setting by all persons.

We highly recommend all visitors do a self-administered temperature check before entering the Council Chambers. A touchless temperature kiosk is located in the City Hall Administrative Lobby for visitor use.

MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner.

VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit.

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561.

Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.
1 We provide 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]. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com.

If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013.

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.

Members of the public may address the Council on items of interest that are within the City’s jurisdiction.

Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. 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 blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak.

1.OPENING MATTERS

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

1.2 Pledge of Allegiance to the Flag

1.3 Proclamation Recognizing Oakley Resident Ruben Padilla as a World Class Athlete (Nelia Resendiz)
Proclamation

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

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

3.1 Approve Minutes from the Special City Council Meeting held December 14, 2021 (Libby Vreonis, City Clerk)
Minutes 12-14-21 Sp

3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held December 14, 2021 (Libby Vreonis, City Clerk) Minutes 12-14-21 Reg

3.3 Acceptance of work associated with Civic Center Roof Replacement Project - Capital Improvement Project Number 256 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Notice of Completion

3.4 Resolution Approving a Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2022 through June 2023 (Tim Przybyla, Finance Director)
Staff Report

1. Resolution

2. Recognized Obligations Payment Schedule for Fiscal Year 2022/2023

3. Administrative Budget

3.5 Annexation No. 30 Vintner View (Subdivision 8836) 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

3.6 Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Design Services Associated with CIP No. 255 – Cypress Grove Subdivision Pump Station Building Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
3 Staff Report

1. PACE Proposal

2. Resolution

3.7 Adopt a Resolution supporting the Brand-Huang-Mendoza Tripartisan Land Use Initiative to repeal SB 9 and SB 10, and
restore local control over zoning and land use decisions (Joshua McMurray, City Manager)
Staff Report

1. Draft Resolution

4.PUBLIC HEARINGS

4.1 Extension of Urgency Ordinance No. 12-21 Related to Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021) (Ken Strelo, Planning Manager)
Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Comments from the Applicant, 5) Receive Public Testimony, 6) Close the Public Hearing, 7) Deliberate, 8) Summarize the Deliberation 9) Adopt the Ordinance Staff Report

1. Notice of Public Hearing

2. Ordinance No 12-21 Staff Report dated December 14, 2021

3. Ordinance 12-21

4. Proposed Ordinance

5.REGULAR CALENDAR

5.1 Planning Commission Update (Joshua McMurray, City Manager) Staff Report

1. October 12, 2021 City Council Meeting Minutes

5.2 American Rescue Plan Act (ARPA) Update (Tim Przybyla, Finance Director) Staff Report

1. Community Survey.pdf

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
(b) Hybrid Meeting Discussion
4 6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

7.WORK SESSION

7.1 Laurel Plaza Supplemental Traffic Operations Analysis Assessment Work Session – As Related to Quick Quack Car Wash at Laurel Plaza (CUP 02-20, DR 08-20) and McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza (CUP 03-20, DR 09-20) Applications (Ken Strelo, Planning Manager) Staff Report

1. Vicinity Map

2. Notice of Work Session

3. Laurel Plaza Supplemental Traffic Operations Analysis Assessment (date stamped 01/07/2022)

4. Oakley McDonald’s and Quick Quack Traffic Analysis (date stamped March 15, 2021) – Original traffic analysis for the two development projects

8.ADJOURN
5 A Proclamation Recognizing
Ruben Padilla
WHEREAS, Ruben Padilla grew up in Oakley and took up trampoline gymnastics at the age of seven; and WHEREAS, at the age of 17, Ruben moved to Utah to train at Wasatch Trampoline and Tumbling; and WHEREAS, Ruben has been part of the USA National Team in gymnastics that travels around the world representing our country at the highest level of competition; and
WHEREAS, Ruben has been awarded, State, Regional and National titles; and WHEREAS, in 2018, Ruben clinched the silver medal for USA at his first World Championships in Saint Petersburg, Russia; and WHEREAS, three months later he went to his second World Championships in Tokyo, Japan where he won three silver medals on double mini, double mini team, and team all-around; and
WHEREAS, in November 2021, Ruben brought home silver and bronze medals from the World Championships in Baku, Azerbaijan; and WHEREAS, Ruben has his sights set on making the 2024 U.S. Olympic Trampoline Team.

NOW, THEREFORE, I, Randy Pope, Mayor of the City of Oakley, join with the members of the Oakley City Council in recognizing Ruben Padilla for his profound accomplishments and inspiring example of commitment to excellence.

January 25, 2022
___________________
Randy Pope, Mayor
6 Minutes of the Special Meeting of the Oakley City Council held
December 14, 2021

1.Call to Order and Roll Call

2.Public Comment
No public comment was submitted.

3.Presentations to Mayor Sue Higgins

3.1 Presentation of Certificates of Recognition to Mayor Higgins Stephen Griswold with the Office of Congressman Jerry McNerney (CA-09) presented a Certificate of Recognition to Mayor Higgins.

Vice Mayor Pope presented a Certificate of Recognition to Mayor Higgins on behalf of County Supervisor Diane Burgis.

George Escutia, District Director of the Office of Senator Steve Glazer, provided a Certificate of Recognition to Mayor Higgins.

3.2 Recognition of Service of Mayor Higgins (Oakley City Council) On behalf of the City Council, Vice Mayor Pope recognized the service of Mayor Higgins.

3.3 Recognition of Service of Mayor Higgins (City Staff) On behalf of City staff, City Manager Joshua McMurray recognized the service of Mayor Higgins.
7 3.4 Comments from Mayor Higgins
Mayor Higgins provided comments regarding her term as Mayor.

4.Reorganization of the Oakley City Council

4.1 Selection of Mayor and Vice Mayor (Mayor Higgins)
Councilmember Fuller expressed his preference to have Councilmember Meadows appointed as Mayor and Councilmember Higgins as Vice Mayor.

It was the consensus of the City Council to follow the rotational schedule and appoint Councilmember Pope as Mayor and Councilmember Meadows as Vice Mayor.

4.2 Administration of Oaths of Office to Newly Appointed Mayor and Vice Mayor (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis administered the Oath of Office to Mayor Pope and Vice Mayor Meadows.

4.3 Comments by Newly Appointed Mayor
Mayor Pope shared comments regarding the upcoming year.

5.Adjourn
There being no further business, the meeting was adjourned at 6:30 p.m. 8 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
December 14, 2021

1.OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present. Mayor Pope announced Councilmember Aaron Meadows is not in attendance due to a family emergency. He also announced the meeting will be adjourned with a moment of silence in honor of County Supervisor Burgis’ family and the recent loss they are suffering.

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

2.PUBLIC COMMENTS
Randi Adler expressed concern regarding information she believes is kept secretive in the City, i.e., departures of the former Chief of Police, former Mayor and Councilmember Kevin Romick, the former City Manager, and Assemblymember Jim Frazier. She mentioned these departures tell her the rats are jumping ship. She referenced the home loan of the former City Manager which was financed with taxpayer funds and how it was unfair to the residents in Oakley who are struggling. She requested the City be truthful with its residents.

Tiffany Allen submitted a written comment. She mentioned she requested assistance from Oakley Police to transport her mentally ill son during a mental health crisis and was harassed and accosted by Oakley Police when requesting aid. She added Oakley Police have ignored her request for information regarding the incident. She requested the Council take action to ensure no one else is treated the same.

Mayor Pope commented that he knows the City is bound by some confidentiality rules and expressed he does not want to divulge any information illegally. He asked if City Attorney Derek Cole can share as much as possible with the public regarding the departure of the former Chief of Police.
9 City Attorney Derek Cole explained there were complaints made that triggered an investigation that was carried out through the Office of the City Attorney and a special investigator. He shared there were findings that sustained the complaints and the Chief of Police was separated from employment with the City. He explained the former Chief of Police receives a severance because that is the way his agreement reads which is a standard that has been used for the City’s executive staff members. He mentioned there was no criminal conduct, it was a civil employment matter. He explained the reports are done and subject to employee-client confidentiality which is standard. He mentioned he and the City Manager took the matter very seriously, handled it by the book, and believe the decision was justified. He shared they are committed to providing a workplace that is free of any type of discrimination.

3.CONSENT CALENDAR

3.1 Approve Minutes of the Special City Council Meeting held October 26, 2021 (Libby Vreonis, City Clerk)

3.2 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 November 9, 2021 (Libby Vreonis, City Clerk)

3.3 Waive the Second Reading and Adopt an Ordinance to Amend Chapter 20 of Title 4 of the Oakley Municipal Code Dealing with Solid Waste and Recycling (Joshua McMurray, City Manager)

3.4 Approve 2022 Meeting Dates (Libby Vreonis, City Clerk)

3.5 Award of Construction Contract to Mercoza for the Fiscal Year 2021/22 Curb, Gutter, & Sidewalk Repair & Replacement Project – Capital Improvement Project No. 257 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.6 Ratify Election: Adopt Ordinance No. 09-21 Authorizing the Levy of a Special Tax on Parcels of Land within Tax Area Zone 182 within the Oakley Special Police Tax Area for Police Protection Services for the Ranchettes at Neroly project (APNs 041-080-001 and 041-080-002) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.7 Approve the Subdivision Improvement Agreement with Forecast Land Investment, LLC, a California Limited Liability Company, for Public Improvements of Rosalina Park (Parcel A) within Vintner View Subdivision 8836 and adjacent to Pheasant Meadows Subdivision 8736 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.8 Consideration of a Resolution Accepting the Five-Year Development Impact Fee Report and Making Required Findings (Tim Przybyla, Finance Director) 10 3.9 Approval of Contract Amendment No. 2 with BSK Associates for On-Call Consulting Services Related to Materials Testing and Inspection of Private Development Projects for Fiscal Year 2021/2022 (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.10 Resolution Approving an Agreement for Consulting Services with Ascent Environmental, Inc. (“Consultant”) for the “City of Oakley 2023-2031 6th Cycle Housing Element Update” in an Amount not to Exceed $187,521, and Authorizing the City Manager to Execute the Agreement. (Ken Strelo, Principal Planner)

3.11 Annexation No. 29 The Ranchettes at Neroly (Subdivision 9284) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Street Light, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.12 Annexation No. 7 (The Ranchettes at Neroly - Subdivision 9284) to the City of Oakley Community Facilities District No. 2018-1 (Fire Protection Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.13 Award of a contract to Waterworks Industries, Inc. for Lake, Aeration Fountain, Pump Station, and Generator Maintenance Services at Cypress Grove Subdivision, Emerson Ranch Subdivision, Delaney Park Subdivision, City Hall and Oakley Plaza (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.14 Adopt Resolution Amending the 2021-2022 Employee Salary Schedule adding New Job Classifications and Revising Existing Job Classifications and approving a budget appropriation (Jeri Tejeda, Interim HR Director)

3.15 Resolution Naming the Parcel of Land, Parcel K of the substantial Conformance Exhibit dated February 17, 2021 for Subdivision 9307 Summer Lake North as “Dal Porto Ranch Park” (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.16 California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 Per Capita Program Funding (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.17 Approving the Agreement with Elm Lane Oakley L.P. a California Limited Partnership, for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for the Elm Lane Workforce Housing project located on 5301 Elm Lane (APNs 051-210-019 and 051-220-005) and authorizing the City Manager to execute the agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)
11 3.18 Approval of Project Assessment and Annexation Authorization Deferral Agreement for the Elm Lane Work Force Housing Project located at 5301 Elm Lane (APN 051-210-019 & 051-220-005) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.19 Adopt a Resolution that would formally accept the Oakley Governance Guidelines + Protocols Policy Framework (Joshua McMurray, City Manager) Councilmember Fuller requested items 3.4, 3.14, 3.15, 3.17 and 3.18 be pulled. He offered to combine 3.17 and 3.18 if convenient.

A public comment was submitted by Louis Parsons with Discovery Builders regarding item 3.7. He mentioned Discovery Builders will endeavor to come up with a cost effective design in concert with City staff and competitively bid the park. He added they will do as much as they can within budget.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the remainder of the Consent Calendar. AYES: Higgins, Fuller, Pope, Williams. ABSENT: Meadows.

Item 3.4
Councilmember Fuller commented he brought this up last year as the City tried to do the budget in one meeting, and all three meetings in the summer went until 11 p.m. and they were not sure if business was going to get done. He mentioned they have a lot going on in the summer, including the budget and reallocation of personnel. He mentioned it is the Council’s responsibility to meet twice during the months and he can understand November and December only having one meeting because of he holidays, but he would like to see two meetings in June, July and August at the usual time.

Councilmember Williams inquired what the impact would be to City staff for workload during the summer with the Planning Commission meetings and also if it is anticipated that some items would not be heard by the Council during summer months because the Planning Commission will be handling them.

City Manager Joshua McMurray responded that the Planning Commission will first meet on January 18 and staff will bring a similar calendar to the Planning Commission that would mirror the calendar the Council adopts. He mentioned there will be some items the City Council will not have to hear, unless an item is brought forth on appeal or the item is requested to be brought up by the City Council to the City Council for consideration. He indicated some of the work will diminish from the City Council agenda and transition to the Planning Commission agenda.

Councilmember Higgins commented that traditionally those dates are high vacation times for the schools and she cannot support having two meetings during those months.

Mayor Pope mentioned that the City always has the opportunity and flexibility to call an additional meeting, a special meeting, if there is an item that is timely or will expire 12 before the next regular meeting. He mentioned staff or anyone with kids in school typically like to take vacation during that time as well.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve item 3.14. AYES: Higgins, Pope, Williams. NOES: Fuller. ABSENT:

Meadows.

Item 3.14
Councilmember Fuller commented he discussed in the past with the City Manager, it is his responsibility and he has done a good job in putting together his staff, but if the Assistant to the City Manager position becomes an Assistant City Manager position, he would have no objection to that.

It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the item. AYES: Fuller, Higgins, Pope, Williams. ABSENT: Meadows.

Item 3.15
Councilmember Fuller commented that Mr. Rohani has put forward a solid argument and has done his homework, but his concern is the City is naming parks by people, something that the City didn’t have going on before. He mentioned he voted for two, reluctantly, in the south corner of O’Hara and Laurel, and was under the impression that was going to be it, but now there is another coming up in the northeast corner of Cypress and Bethel Island Road. He mentioned parks are being names after people selected based on privilege, people that have had land and money, which he opposes.

Mayor Pope inquired if Mr. Rohani can explain briefly the naming of public places.

Public Works Director/City Engineer Kevin Rohani explained that the previous City Council adopted a policy for naming parks which has been used in the past. He mentioned this particular project is the developer of the Summer Lake North subdivision and considered a number of names for the park. He mentioned the family moved to the area long ago, they were an integral part of this community for decades, and the developer felt it would be appropriate to the name the park, the “DalPorto Park”. He shared to his knowledge, the selection has nothing to do with wealth or prestige, but rather the history and family significance, which has been consistent with the policy that the Council approved in the past.

Trent Sanson with DeNova Homes thanked the Council for the opportunity to present Dal Porto Ranch and Park. He shared they put a lot of consideration into naming the park. He mentioned he has known the family for a long time, but just standing in the lobby of the Council Chamber this evening, there are at least two or three pictures on the wall of the Dal Porto family building the hotel, train station and other monuments in Oakley. He mentioned the property has been out of their family for several decades. He echoed Mr. Rohani’s statement that this is not for wealth; it is purely paying respect for the history of the property and what the family has done for the greater community. He expressed he humbly respects and supports its approval. 13 Mr. Dal Porto echoed Mr. Sanson’s comments, mentioning it is about the family legacy. He shared that the family came to Oakley very early and helped settle Oakley, built some of the major improvements such as the first train depot, the first post office, and helped to build the City. He explained it’s not about wealth or power as the family doesn’t own any property in the area anymore. He thanked the Council for its consideration.

Councilmember Higgins commented she supports it. She mentioned the Council talks a lot about its roots and this reflects Oakley’s heritage.

Councilmember Williams commented she doesn’t usually support naming, but the history is such an important part of the beginning of Oakley. She mentioned she would like to see a marker at the park that provides something for people to understand its significance. She expressed she will support it.

Councilmember Fuller expressed there was capital gain and growth for these families which provided expansion. He inquired if there is anything in honor of the priest the community lost or the Miwok who were driven from the area. He mentioned he would like to request at the end to revisit the park naming policy because eventually Oakley will run out of parks and someone will get their toes stepped on.

Mayor Pope commented he is in support as it ties into Oakley’s roots and heritage.

He mentioned these were not wealthy people that came here; they were hardworking and making something out of nothing and it is a good thing to honor. He mentioned he would like to see something in the park that describes its significance as Councilmember Williams mentioned, perhaps similar to markers along the East Bay Regional Parks, so that people will have some appreciation. He mentioned there was previous discussion regarding a founder’s square in the Downtown, so this might be something like that, to tie it in to the history of Oakley and its heritage.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the item. AYES: Higgins, Pope, Williams. NOES: Fuller. ABSENT:

Meadows.

Items 3.17 and 3.18
Councilmember Fuller expressed he is opposing these items because he believes the City is getting ahead of itself in moving the building permit and storm water runoff ahead of the election process. He mentioned he would rather see the project finished and then see what is involved with the fees, then come back with the building permit. He mentioned it will be a major project and it is going to be a different community from other areas.

Public Works Director/City Engineer Kevin Rohani responded that the reports the Council are receiving are not related to any building permit issues; they were along way before the building permits issued. He mentioned it is the standard storm water agreement from the project in which the developer gives the City right to access the property for any inspection that are responsible per the County permit to take care of the storm water run-off. He mentioned the annexation is similar to what the City does for all commercial or residential development and the process takes many months to go through full implementation at the developer’s request. He explained the 14 developer drives the time; the City does not dictate it to them. He shared staff has worked with various developers and the preference is for the item to be done before 2021. He mentioned staff will bring it to Council for consideration through the review and approval process. He added this will happen before actual buildings coming out of the ground.

Councilmember Fuller inquired if the election is complete.

Mr. Rohani explained this is a standard process for all developments to be annexed to the various taxing entities.

Councilmember Fuller expressed he would rather have the election process done before getting further into the project.

City Manager Joshua McMurray mentioned he spoke with the developer this morning and they are finalizing finances for the affordable project. He explained that with the underwriting, it is specific where the developer needs to show compliance with conditions of approval which is done through the deferral agreements because they have not yet closed on the land which is expected to happen in early January. He added the developer needs to show the bank they have an agreement with the City, then they can come back and annex it to what is required. He mentioned it is really more for the financing that is dictating the timing on this.

Mayor Pope commented that two different things are being discussed, the right of access for storm water facilities in item 3.17 and the deferment of them annexing it to special districts in item 3.18. He added there is no way for them to weasel out of it.

Mr. Rohani responded that is correct; the assessments will be in there.

It was moved by Councilmember Williams and seconded by Councilmember Higgins to approve items 3.17 and 3.18. AYES: Higgins, Pope, Williams. NOES: Fuller.

ABSENT: Meadows.

4.PUBLIC HEARINGS

4.1 Waiver of the Second Reading and Enactment of an Ordinance Enacting District Elections for the Elections of the City Council of the City of Oakley; Proposed District Map(s) (TIMED ITEM AT 7:00 PM OR AS SOON THEREAFTER)
(Derek Cole, City Attorney)
City Attorney Derek Cole shared this item has been before the Council extensively and the Council introduced the ordinance during its meeting in November calling for a five-member Council to continue and the council did not elect an at-large Mayoral system. He mentioned under this ordinance, the five-member Council will be divided into districts starting in the next election cycle in which even-numbered districts will run and odd-numbered districts will run the following election, preserving a staggered seats for election. He mentioned the Council provided tentative approval for a 5- district map which may be considered for adoption this evening, along with 15 consideration of adoption of the ordinance. He inquired if there are any public comments from the bridge call.

Recreation Manager Lindsey Bruno indicated staff will need to join from audio, but there is someone online.

Mr. Cole mentioned once public comment is received, the Council is welcome to take action.

The person making public comment indicated he was unable to hear the staff report.

He expressed it seems inappropriate for him to comment based on not hearing what has been spoken.

Mayor Pope mentioned there are some technology issues and requested Mr. Cole briefly go through the staff report.

Mr. Cole mentioned the staff report was very brief. He mentioned the Council previously introduced the ordinance for district elections beginning in the 2022 election cycle; the ordinance introduced during the November Council meeting will require that the two even-numbered districts will run in 2022 and the three oddnumbered districts will run in 2024, maintaining a stagger of terms. He also mentioned the Council endorsed a district map which is for consideration for adoption by resolution. He shared the process has been extensive and the ordinance and resolution are before the Council now to consider for adoption. He mentioned approval will result in the City transitioning to a district-based election system.

Ms. Bruno unmuted the person calling in to provide public comment to speak. She indicated there may be some technological issues.

City Manager Joshua McMurray explained staff tested the system from a personal phone and all seems to be working properly.

Mr. Cole indicated he believes the caller has been provided adequate opportunity to express himself, the line is unmuted, and everything has been tested and appears to be working fine, so he advises to proceed ahead.

Mayor Pope mentioned the Council will do that with a caveat, that before the Council votes, there will be a final attempt to provide the caller an opportunity to be heard.

Mr. Cole mentioned if the Council wishes to trail it to the end of the meeting, before closed session, that is an option.

Mayor Pope responded the Council can move to deliberations, but before taking a vote, he wants to provide the public speaker an opportunity to participate. He inquired if any other public speakers are present that wish to comment on this item.

He indicated he has no speaker cards. He announced the Council will proceed with deliberation.

Councilmember Fuller thanked Mr. Cole for doing an exceptional job and requested he relay his gratitude to the consultants.
16 Mayor Pope mentioned he already expressed his position on this so he won’t belabor it; he will be voting against it.

Mayor Pope called upon the speaker again and he replied. He asked the caller if he heard the City Attorney’s report and the caller confirmed he heard the lion’s share of what was said.

The caller commented this is the first time the public has had an opportunity to check in with the Council since its decision from the last meeting and he was a little saddened the Council did not decide to have an elected Mayor with four districts as it has been a conversation in Oakley for a long time and is evident on Facebook. He mentioned an elected Mayor is someone who commands the City and now it is reduced to a face. He also mentioned the comments made supporting the decision were made speaking of “I” rather than decisions based on what they heard from the community or that they had done outreach to the community to ask what they wanted. He expressed he thinks it is a continued weakness for the City, but he is glad the Council got through the process.

It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the item. AYES: Fuller, Higgins, Williams. NOES: Pope. ABSENT:

Meadows.

Mayor Pope announced he would like to call some items out of order out of courtesy for people attending. He mentioned if no objections by the Council, he will move items 5.1 and 5.2 up to be heard at this time. Being no objections, he called for Item

5.1. City Manager Joshua McMurray explained he just received notice that the consultant is running a few minutes late and suggested item 5.2 be heard first.

Mayor Pope called for item 5.2.
(Items 4.2, 4.3 and 4.4 were heard after items 5.2 and 5.1)

4.2 Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021). (FOUR-FIFTHS VOTE REQUIRED) (Ken Strelo, Principal Planner)
Principal Planner Ken Strelo presented the staff report.

Councilmember Fuller commented he wants to see this work for the most advantageous position for the City. He inquired if there is funding to enforce this to ensure owner occupancy.

Mr. Strelo responded that the urgency ordinance enables the City to put it in place and provides more time to look at State law and issues such as that which Councilmember Fuller addressed to understand how it may impact the City. He mentioned a deed restriction would be required on the two-residential development 17 which would require one of the two units of the residential development to be owneroccupied and is similar to what the City has in place for accessory dwelling units and recorded. He added that the urban lot split has a signed affidavit requirement which he verified with the City Attorney’s Office is consistent with State law and the City is not able to make it more restrictive so they have proposed to adopt what is concurrent. He commented enforcement will have to be worked out as it moves forward.

Councilmember Higgins inquired how this falls in with SB 10. She inquired if a property could be divided into four units.

Mr. Strelo responded the limit is two. He mentioned four are allowed only if there is a single lot which is split and two units are built on each lot. He pointed out that any lot that has both the urban lot split (one lot with two units or one lot split into two with two units built upon each) is no longer eligible for an accessory dwelling unit or junior accessory dwelling unit.

Councilmember Higgins inquired if staff has discussed with Ironhouse Sanitary District and Diablo Water District how to accommodate all of these homes in that square.

Mr. Strelo indicated staff will have those discussions with service companies. He mentioned these are concerns brought up in CalCities’ discussions and there may be some wiggle room in the Code where a Chief Building Official could deny an application for health and safety reasons, but he is not saying that utilities would be one of those.

Councilmember Williams commented there is a lot of discussion at this time of potential to overturn SB 9. She inquired if it eventually gets overturned, does someone still have the ability to do the lot split because of the urgency ordinance.

Mr. Strelo responded this ordinance is solely in response to SB 9; if SB 9 were overturned, the Council would need to decide to rescind the ordinance or not.

Councilmember Williams commented she is for affordable housing and SB 9 doesn’t provide for that, but since the City already has a process for recording a deed, it provides comfort in that there is some control over it.

Mayor Pope inquired if language can be included in the ordinance if SB 9 is overturned by citizen initiative or otherwise, that the City ordinance automatically reverts.

City Attorney Derek Cole responded he does not think that is possible; he believes it would need to go back to the Council to repeal. He mentioned staff can take direction from the Council to monitor the effort on SB 9 and immediately report back to the Council if it is rescinded or superseded by the legislature.

Mayor Pope opened the public hearing. No public comments were submitted. 18 Mayor Pope closed the public hearing.

It was moved by Councilmember Higgins and seconded by Councilmember Fuller to approve the item.

Mayor Pope requested a friendly amendment to the motion to include the language Mr. Cole mentioned regarding monitoring the situation and reporting back to Council if SB 9 is overturned.

Councilmembers Higgins and Fuller accepted the friendly amendment.

AYES: Fuller, Higgins, Pope, Williams. ABSENT: Meadows.

4.3 Chevron Sign Exception Permit (SEP 01-21) - Request for the Proposed Freestanding Monument Sign to Exceed the Maximum Height Permitted per the Oakley Municipal Code (APN 051-220-056) (Ariana Ruiz, Planning Technician) Planning Technician Ariana Ruiz presented the staff report.

Councilmember Higgins inquired if the sign will be taller than the eave of the Chevron.

Ms. Ruiz responded it will be taller than the Chevron roof. She inquired if Councilmember Higgins was referring to the canopy or structure.

Councilmember Higgins indicated either.

Ms. Ruiz responded it will be under that height.

Councilmember Fuller commented he liked the presentation and diagram with the person standing nearby to provide perspective. He expressed concern that other businesses in the area are compliant with the regular sign ordinance and this makes an exception for this business.

Ms. Ruiz explained that there are two gas stations north of Main Street, Chevron and Arco, and they have non-conforming signs because they were approved by the County, so they do not meet the regulations of the current commercial district.

Councilmember Fuller inquired how big the signs are for those businesses.

Ms. Ruiz responded she would have to confirm that information but believes the Shell gas station freeway sign is about 18 feet in height.

Councilmember Fuller inquired of the height of the proposed sign.

Ms. Ruiz responded the proposed sign will be 16 feet in height.

Councilmember Fuller expressed concern that a businessperson complies with all regulations providing their own capital and ready to take on competition then the City 19 provides this exception for another business. He mentioned he was reluctant to approve it until he learned other signs in the same area are close in square footage.

He indicated what he is understanding is that this business is not getting a competitive edge and there is no special privilege or exception that is not also available to other businesses in the area.

Ms. Ruiz confirmed that is correct, a privilege cannot be granted for a sign that is not also available to another property in the area. She mentioned future property owners or commercial properties could also apply for an exception permit.

Councilmember Williams inquired if another business applies for an exception if the City would have to grant it if it approves this.

Ms. Ruiz explained each application is evaluated individually. If someone else wanted an exception permit, staff would bring it to the Council to consider.

Councilmember Williams commented in the rendering of the staff report, it appeared the signed dwarfed the rest of the building so it wasn’t really to scale.

Ms. Ruiz commented that staff worked with the applicant to lower the original proposed height so that may have been what was attached to the staff report originally. She explained the applicant was requesting a 20-foot tall sign but to meet the findings with the signage permit, staff worked with the applicant to lower the height.

Councilmember Williams commented the proposed sign is 16 feet. She inquired if the reason for that height is to be visible from multiple points over 4.

Ms. Ruiz explained part of the request included being able to advertise each singleuse that the gas station is offering which includes six different services and the applicant does not think they can make it happen with an 8-foot monument sign.

City Manager Joshua McMurray offered perspective. He mentioned the project is unique in that staff normally does not see so many uses, especially with the gas station being the primary use on this size of parcel. He explained they are trying to accommodate multiple uses and bring business into the City. He indicated every project is evaluated case-by-case and that is why there are findings that need to be made and if the concern is in granting this approval that the City would have to grant approval on other properties, that is partially true, but really this is a unique project.

He explained when staff looked at justification for recommending approval, staff considered that the applicant will have a number of businesses on a small piece of property, there is limited footprint to place the sign.

Councilmember Williams mentioned she thought there was a similar sign exception for the height of the silo.

Mr. McMurray responded as he recalls that was slightly different because they had a planned development approval and it was wrapped into that. He mentioned there can 20 be modifications as they set their own standard so it was higher, but it was specific to that project.

Councilmember Williams commented she sees it says it is not to scale. She inquired if the height will exceed the canopy.

Mr. McMurray mentioned the applicant and property owner are present and can probably speak to the exact height of the canopy.

The applicant explained they started the project approximately 3 ½ years ago with an initial projection of about $5 million worth of investment and they are up to $10 million so far. He explained this was their very first gas station purchased in 1996 of many in the area. He complimented the City of Oakley as being the easiest city to work with because it is business-friendly. He shared that the original site had an existing foot sign that was about 10 feet tall. He explained the reason why they have asked for an exception is they have tried to create a unique site where it is not a typical gas station; it will have the latest car wash, EV chargers (approximately $500,000 of investment). He mentioned as a business owner, they want a return on their investment so they need to generate income and part of that is to advertise. He explained there will be multiple uses there so that is why they requested a 24-foot sign and compromised to 16 feet. He mentioned the sign will be sitting in the –so it will be lower than might be expected. He added that the actual size is a third of the size of the canopy height and they tried to have it designed so it will carry out the building; the storm drain flows through it. He mentioned a little sign on a corner lot would not be useful. He expressed appreciation for the Council considering it and indicated it will help them bring business to the City, generate tax revenue and employ people in the City.

Councilmember Fuller mentioned he also saw in the photograph that the sign is higher than the canopy but it also notes that the sign scale and photo is proximate and may not be proportional. He agreed it is not going to go as high as the canopy.

Mayor Pope opened the public hearing.

Pete Zirkle inquired if the property owners in the area have been notified because it looks like a monstrosity to him and he is wondering if it is overkill. He mentioned he could see wanting to advertise gas prices on a sign, but it is pretty easy to tell it is a Chervon station, it is easy to tell there is a car wash, and it is going to be easy to tell what kind of restaurant will be in place since they can have a sign on it. He shared as a property owner in the area, he is sure nobody knows about this because they have all been wondering what is going in there. He mentioned he knows because he attends Council meetings and being involved with Ironhouse Sanitary District.

There being no other public comments, Mayor Pope closed the public hearing.

Mayor Pope asked staff to address the question proposed by the speaker regarding noticing.
21 Mr. McMurray responded that the project was properly noticed and mailed to property owners within 500 feet of the subject property.

Mayor Pope complimented staff in that the applicant indicated this is the best city they have worked with. He mentioned that is something that has been tradition with staff and he would like to see it continue as a city that prides itself on streamlining, efficiency, doing business in the best way possible, and appreciating its business owners because they drive the economic engine of this City.

It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the item.

AYES: Fuller, Higgins, Pope, Williams. ABSENT: Meadows.

4.4 7 Mares Grill Restaurant – Modification to Condition of Approval No. 7 (Council Resolution No. 47-20) located at property address 200 W. Cypress Avenue (APN: 035-282-048) (Ariana Ruiz, Planning Technician)
Planning Technician Ariana Ruiz presented the staff report.

Councilmember Fuller commented his understanding is that the applicant is rearranging the floor space, but not expanding the number of customers they will be serving.

Ms. Ruiz explained the applicant is not expanding the floor area, but they are adding six additional seats to the bar area, for a total of 86 patrons for capacity.

Councilmember Fuller commented the applicant’s intent is not to increase the flow of customers.

City Manager Joshua McMurray confirmed that is not the applicant’s intent.

Councilmember Fuller commented that the intent is not to shrink down the size or building the bar so they can have more tables and bring more people into it; it is to maintain the same customer level.

Mr. McMurray confirmed that is correct.

Councilmember Higgins commented the business already has its ABC license to serve alcohol. She inquired if they want to put in a bar with six seats, but no new furniture or remodel, just the bar.

Ms. Ruiz responded they are not seeking to remodel at the moment.

Mayor Pope opened the public hearing.

No public comments were submitted so he closed the public hearing. 22 It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the item.

AYES: Fuller, Higgins, Pope, Williams. ABSENT: Meadows.

5.REGULAR CALENDAR

5.1 Consideration of a Resolution Accepting the Annual Comprehensive Financial Report (ACFR), Memorandum on Internal Control, Required Communications and Report on Agreed Upon Procedures for Fiscal Year 2020-2021 (Tim Przybyla, Finance Director)
Finance Director Tim Przybyla shared the audit statement for Fiscal Year 20-21 was positive and successful. He introduced Katherine Yuen Krisch, CPA, with Maze & Associates, who managed the audit.

Ms. Yuen Krisch provided a PowerPoint presentation. She provided background information for Maze & Associates and discussed the annual audit (single audit for federal grant and Measure J audit), standards, annual timing, audit results, components of the report, a high-level summary, the memorandum on internal control and required communications, and control deficiency. She shared the audit found the City of Oakley has no material weaknesses and no significant deficiencies.

She also shared the City of Oakley received the Government Finance Officers Association’s Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial report ended June 30, 2020. She thanked staff for their work to provide information.

Councilmember Fuller thanked her for recognizing a user-friendly format. He commented it is easier to understand and glad the City is receiving recognition for that. He requested clarification regarding control deficiency.

Ms. Yuen Krisch explained that a control deficiency prevents City staff for detecting any significant misstatements. She mentioned this year, she did not see any such situation.

It was moved by Councilmember Fuller and seconded by Councilmember Higgins to accept the report. AYES: Fuller, Higgins, Pope, Williams. ABSENT: Meadows. (Item 5.3 was heard after items 4.2, 4.3 and 4.4.)

5.2 Continued from November 9, 2021, Hearing for Special Assessment Regarding 87 Concannon Court, Oakley, California (APN 037-234-033) (Libby Vreonis, City Clerk)
Item 5.2 was heard following item 4.1.

City Clerk Libby Vreonis explained the item was continued from the previous Council meeting and the property owner was in attendance at that meeting but had to leave 23 before the item was heard due to medical issues. She presented the staff report and staff recommendation to approve a special assessment on the next tax roll for fees associated with the abatement performed on the property. She explained someone on behalf of the property owner inquired about a payment plan which is something the Council can consider. She mentioned if a payment plan is approved, staff would request that all payments be made prior to the end of July to allow staff time to place it on the tax roll before the August 10, 2022, deadline. She mentioned Mayor Pope had inquired previously about notification of this hearing to the executor of the estate.

She explained that since the previous meeting, staff received a copy of the court document naming the executor and the executor was properly notified of this hearing.

Mayor Pope called upon Mr. Hopper to speak.

Mr. Hopper explained he bought the property new, he is 68 years old, disabled, a veteran, he honors this city and has volunteered in the city, he lost his wife of 40 years to cancer and his dog, and he has paid his taxes. He shared he was accused of having debris and was charged with a $5,000 fine. He explained his income is $2,000 per month and it would take him two years to pay off the amount. He requested assistance to remove the fine. He explained he got rid of most of the debris.

Mayor Pope inquired if Mr. Hopper had an opportunity to review the evidence and photos, and if he has any evidence of his own to present to the Council. He had none.

Councilmember Higgins commented that she looked at all of the photos and it would be hard to live next door to his home with all of the debris he had there. She mentioned although $5,000 is a high bill, the City had to come in and clean up a lot of debris. She explained that while he is a contributing member of society and he may have value in his home, debris impacts the value of surrounding properties and in looking at the photos, she feels for his neighbors. She mentioned while she would like the Council to think about how to help with the fine, she also thinks the Council should consider the amount of debris the City had to get rid of.

Mayor Pope thanked Mr. Hopper for his military service. He shared the Council is looking at this from a Code Enforcement perspective, but also from a human perspective. He inquired what resources may be available to Mr. Hopper, i.e., Veterans Administration, Oakley Veterans, Oakley Seniors, etc.

Councilmember Higgins suggested CalFresh or Oakley Helping Hands.

Mayor Pope explained he believes Mr. Hopper has paid his dues and he believes society should pay him back a little. He mentioned he cannot say whether or not that changes the Council action tonight. He indicated as Councilmember Higgins mentioned, Mr. Hopper lives in a neighborhood and his neighbors also care for their properties and based on the pictures presented in the packet, there was a serious condition that he allowed to fester. He mentioned based on the timeline from June 2020 to May 2021, it is almost an entire year the City tried to work with him, starting 24 with warnings and progressing to notices and fines, and also including extra time for him to present his case because he was not present during the previously scheduled hearing, and because they wanted to hear from him in person. He indicated he believes from a Code Enforcement perspective, he believes the City is being fair, but also help him from a human perspective. He mentioned he understands his son is stepping up as the executor and hopefully his son can help keep these things dialed in so Mr. Hopper does not slip through the cracks. With that said, he mentioned the Council needs to make a hard decision.

Councilmember Fuller commented that first they need to structure the circumstances (the fine and attachment) and then facilitate some sort of safety net. He mentioned there is a Veterans hospital reasonably close by and there are Veteran facilities in Yountville. He indicated he would like to see Mr. Hopper live a comfortable life and he appreciates his years of service. He mentioned there was a violation and others may be able to help so he does not have to encounter this situation again. He commented that he is empathetic that moving the plywood and other debris would not have been a pleasant experience and hiring someone to haul it can be expensive. He mentioned he hopes the City can find help to find resources for him.

City Attorney Derek Cole commented that whatever decision the Council makes, so the Council understands, the assessment would not happen until 2022 and the property tax payments have to go delinquent for five years before any action can be taken by the County. He mentioned he does have the court petition by Mr. Hopper’s son who is now in charge of the estate as the property is owned in trust. He advised if the Council makes a decision tonight, staff can reach out to his son to discuss and reach a reasonable accommodation where the payment can be made on a schedule that is secured against the property so it is paid if the property sells. He mentioned everyone understands Mr. Hopper is on limited income and the City tries to work with people, so there are options and staff will try to work with the trustee if the Council wishes to approve the item. He added if the Council wishes to stay the action and direct staff to work with the trustee, it can do that too.

Councilmember Fuller commented the son recently became the executor and accomplished communication with the City.

Mayor Pope indicated he would not normally make the motion but this is complicated so he will proceed.

It was moved by Mayor Pope and seconded by Councilmember Higgins to adopt the resolution affirming the costs borne by the City for the clean up and direct staff to work with the property owner or the executor, the trustee, or the appropriate legal entity or person, to establish a payment plan for payment of fees.

Councilmember Williams inquired if the amount can be attached to the property so payment is ensured upon sale of the home, if the resolution authorizing the payment plan will negate that in any way. She mentioned her inclination would be to help Mr.

Hopper as much as possible. She indicated she wants to make sure the resolution does not exclude the possibility of it being attached if and when the house is sold which she understands could be up to 6 years if it becomes delinquent. She 25 proposed a covenant arrangement similar to that with a previous code violation involving matter placed in a storm drain where payment would not kick in until the sale of the property. She mentioned he does not want anything that would set in motion an eviction.

Mr. Cole mentioned it would not negate this in any way. He explained they will work with the property owner so it will not kick in until the property sells. He mentioned the very soonest would 5-6 years before a tax sale if property taxes go delinquent.

Mayor Pope and Councilmember Higgins confirmed that was their understanding when making the motion.

AYES: Fuller, Higgins, Pope, Williams. ABSENT: Meadows.

Mayor Pope commented he wants to assign a person to make contact with Mr.

Hopper and/or his son.

Mr. Cole responded his office will handle it.

Mayor Pope mentioned to Mr. Hopper that the City Attorney’s Office will contact him to make arrangements.

Mayor Pope announced item 5.1 will be heard next. (Item 5.3 was heard after item

5.2)

5.3 Adopt a Resolution to Approve the City Council Committee Appointment List for 2022 (Libby Vreonis, City Clerk)
City Clerk Libby Vreonis presented the staff report.

Councilmember Higgins commented she is not on the League of East Bay Women’s Caucus and the Fire District Subcommittee is okay, but she thinks that crisis with funding is over. She mentioned she does not know what the Labor sub-committee is, but she also used to be on as the Public School Liaison, so she may just have one committee left, Tri-Delta Transit. She mentioned with the Oakley Interagency Subcommittee, they used to meet with the superintendents of the school boards at Oakley Elementary or the District office on Laurel.

Mayor Pope inquired if Councilmember Higgins would like to remain on the committee.

Councilmember Higgins confirmed she would like to continue on the committee.

Councilmember Williams inquired about her committee appointment as the Transplan Planning Commission representative. She asked if it would be more appropriate for someone from the Planning Commission to be in the position.

City Manager Joshua McMurray responded that the position could be transferred to a Planning Commissioner once the Planning Commission is seated. 26 Councilmember Williams commented she would like to do that to allow for a Planning Commissioner to be a fully entrenched member.

Mr. McMurray explained the first meeting of the Planning Commission is expected to be held January 18, then the Planning Commissioners will go through a series of trainings January through March and will likely begin hearing projects in April. He inquired if she would like them to go through trainings before transitioning the position.

Councilmember Williams responded that sounds appropriate to provide them a better basis and set them up better for success.

It was moved by Councilmember Williams and seconded by Councilmember Higgins to approve the list as amended.

AYES: Fuller, Higgins. Pope, Williams. ABSENT: Meadows.

6.REPORTS

6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray reported that City staff is preparing for the year-end closure. He announced City Hall will be closed December 16 at 11:30 a.m. through January 3. He mentioned most services will not be available, although the Police Department is operational 24/7, limited building inspection services will be available, and Public Works staff will be available on an as needed, on-call basis if there is an emergency matter requiring attention. He wished everyone a Merry Christmas, Happy Holidays and Happy New Year. He mentioned he is looking forward to 2022 as the City has a lot of great things on the horizon to look forward to.

Mayor Pope mentioned there was recently major rain and inquired if there were any problems with City infrastructure or any instances of flooding, and if the City weathered it pretty well.

Director of Public Works/City Engineer Kevin Rohani responded that the City weathered if fairly well. He explained that City staff have developed a routine; they know the hotspots for storm events and paid attention to those. He shared that over the past few nights, there was localized minor flooding, and they put signs in those locations. He mentioned there are projects in the works to address those issues. He concluded that overall, staff did well and they are always prepared to respond accordingly.

Mayor Pope commented he drove by the Freedom Basin and it was probably the fullest he had ever seen it; it was pretty remarkable.
27 6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Councilmember Higgins announced Wreaths Across America will be held at Union Cemetery at 9 a.m. on December 18. She wished everyone a Merry Christmas and Happy New Year.

Councilmember Fuller also wished everyone a Merry Christmas and Happy New Year. He reported on the Contra Costa County Mayors Association and mentioned Erik Vink, Executive Director for the Delta Protection Commission, is leaving. He also reported Diablo Water District is realigning its rates and is opposed to drilling and export.

Councilmember Williams reported she will attend the Tri-Delta Transit meeting tomorrow to hear a park-and-ride update. She wished everyone Happy Holidays and a Happy New Year.

Mayor Pope reported he will attend the Habitat Conservancy Board meeting next week at 1 p.m. He shared the meetings are held virtually, are accessible through the County’s website, and everyone is welcome to attend.
(b) Requests for Future Agendas
Councilmember Fuller requested for Council to revisit and review the park naming policy.

Councilmember Williams requested staff explore hybrid meetings to make them more accessible to the community.

Mayor Pope reminded the Council that future items must have a second approval to move forward.

Councilmember Fuller mentioned the second approval does not have to happen here; a person can connect with the City Manager for a more private conversation.

Mayor Pope mentioned like if Councilmember Meadows wants to provide a second approval and is not here this evening, he could indicate his approval to the City Manager.

Councilmember Fuller agreed and mentioned or if someone wanted to sleep on it.

Mayor Pope commented they can explore what is available for meetings and his preference is not to continue with the technology issues, but rather look at other options. He supported Councilmember Williams’ request.
28 Councilmember Higgins commented she received reports that the live-stream video is not working.

City Manager Joshua McMurray mentioned the live-stream video is currently being worked on.

Mayor Pope mentioned he would like to see that people are able to participate from their device for whatever system and have some reliability.

7.WORK SESSIONS
None.

8.CLOSED SESSION

8.1 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Mayor Pope announced the closed session item.

9.ADJOURN
There being no further business, there was a moment of silence for Supervisor Burgis and her family for their recent loss. The meeting was adjourned at 9:30 p.m. 29 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Acceptance of work associated with the Civic Center Roof Replacement Project – Capital Improvement Project (CIP) Number 256
Background and Analysis
The City Hall buildings are divided into 4 sections with differing roof architecture. The roofs for this building are a combination of concrete tiles and composition shingles.

They have deteriorated over the years and sustained multiple failures including damage from water leakage during the rainy seasons.

Staff had the roofs inspected to determine the scope of work needed to renovate and restore the roofs to current standards. Cairo Builder Inc. was awarded the project and upon further evaluation they found that the roofs were perfect candidates for an overlay instead of a replacement. This alternate method of repair not only saved the City money it also maintained the manufacturer’s 20-year warranty. Additionally, the overlay method was a quicker process and enabled the contractor to finish sooner. At the end of the project Cairo Builder was able to finish the project on time and under budget.

On July 13, 2021, the City Council awarded a contract to Cairo Builder, Inc. for the construction of the Civic Center Roof Replacement Project. This work has been successfully completed by Cairo Builder, Inc.

Fiscal Impact
The authorized budget for the construction of this project was $239,577.00. This project was completed on time and under the authorized budget for a complete total of $227,633.00.

Pursuant to the contract documents, 5% of the accrued costs were withheld from the amount paid to the contractor. These funds are called “retention,” and are held until the end of the project to ensure that the contractor completes the project in a timely manner. Approval of this item will authorize the release of the retention payment to the contractor. The retention was already budgeted as part of the 30 contract and change order approvals, so there is no additional fiscal impact associated with this action.

Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting CIP Project No. 256 – Civic Center Roof Replacement Project as constructed by Cairo Builder, Inc. to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder.

Attachments

1. Resolution

2. Notice of Completion
31 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING AS COMPLETE THE WORK BY CAIRO BUILDER, INC. FOR CAPITAL IMPROVEMENT PROJECT NUMBER 256 – CIVIC CENTER ROOF REPLACEMENT

PROJECT
WHEREAS, City Staff prepared the plans, specifications, and estimates for the Civic Center Roof Replacement Project; and
WHEREAS, on July 13, 2021 by adopting Resolution No. 82-21, the City Council awarded a construction contract to Cairo Builder, Inc., for the construction of the Civic Center Roof Replacement Project - CIP No. 256; and
WHEREAS, Cairo Builder, Inc., has satisfied the contractual requirements necessary for the acceptance of the Civic Center Roof Replacement Project - CIP No. 256 to be deemed complete.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Civic Center Roof Replacement Project - CIP No. 256 is hereby accepted as complete.

BE IT FURTHER RESOLVED AND ORDERED, that the City Clerk is hereby directed to file a Notice of Completion for the Civic Center Roof Replacement Project - CIP No. 256 with the County Recorder.

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____
Randy Pope, Mayor
ATTEST:
____ ___________
Libby Vreonis, City Clerk Date
32 WHEN RECORDED MAIL TO:

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

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

NOTICE OF COMPLETION
CIP 256 - Civic Center Roof Replacement Project
NOTICE IS HEREBY GIVEN THAT:

The CITY OF OAKLEY, a political subdivision of the State of California, did, on July 13, 2021 enter into an agreement with Cairo Builder, Inc. for the construction of Capital Improvement Project Number 256 – Civic Center Roof Replacement Project, with work located at 3231 Main Street at the Oakley Civic Center.

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

The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete CIP No. 256 – Civic Center Roof Replacement Project.

On January 25, 2022 said contract, as a whole was completed and the work was accepted by the City Council of the City of Oakley.
______________________________________________________________________

VERIFICATION
I have read the foregoing NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this 25th day of January 2022 at Oakley, California.

Date: ______________ By:

Libby Vreonis, City Clerk
City of Oakley, California

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

RECORDATION OF THIS DOCUMENT
33 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 25, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Resolution Approving a Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2022 through June 2023
Background and Analysis
SB 107 was signed into law on September 22, 2015, changing the ROPS filing cycle from semiannual (July to December and January to June) to annual (July to June).

Attached is the completed ROPS, in the form provided by the State Department of Finance (DOF). The attached ROPS must be approved by the Agency’s Board and Oversight Board and submitted to DOF by February 1, 2022. DOF must also approve by April 15th before the County Auditor-Controller will release property taxes from its Redevelopment Property Tax Trust Fund to the Agency in July and January for the fiscal year 2022/2023.

The Health and Safety Code Section 34171(a), (b) and Section 34177(j) require the Successor Agency to approve annually an Administrative Budget for administrative costs of the Successor Agency. The administrative cost allowance is allocated to the Successor Agency each fiscal year to reimburse the agency for their expenses in winding-down the activities and debt service obligations of the former Redevelopment Agency.

Fiscal Impact
For items approved by DOF, the ROPS defines the payments allowed by the Successor Agency. The expenditures proposed are limited to paying remaining enforceable obligations, debt service, amounts necessary to maintain the Agency’s properties, and to pay the City the administrative allowance allowed under statute.

The administrative allowance is allowed under statute and is listed on the Successor Agency ROPs as an enforceable obligation.
34 Staff Recommendation
Staff recommends the Board adopt the attached Resolution approving the ROPS and Administrative Budget attached for the next fiscal year July 1, 2022 through June 30, 2023.

Attachments

1. Resolution

2. Recognized Obligations Payment Schedule for fiscal year 2022/2023

3. Administrative Budget
35 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. SA XX-22

A RESOLUTION OF THE CITY COUNCIL, AS THE BOARD OF THE SUCCESSOR

AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY, APPROVING A

RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2022/2023
WHEREAS, Senate Bill 107 was signed into law on September 22, 2015 changing the ROPS filing cycle from semiannual (July to December and January to June) to annual (July to June). Attached is the completed ROPS, in the form provided by the State Department of Finance (DOF); and
WHEREAS, the attached ROPS must be approved by the Agency’s Board and Oversight Board, and submitted to DOF by February 1, 2022; and WHEREAS, the DOF must also approve by April 15th before the County AuditorController will release property taxes from its Redevelopment Property Tax Trust Fund to the Agency in July and January for the fiscal year 2022/2023; and WHEREAS, The Health and Safety Code Section 34171(a), (b) and Section 34177(j) require the Successor Agency to approve annually an Administrative Budget for administrative costs of the Successor Agency;
NOW, THEREFORE, BE IT RESOLVED that the City Council, as the Board of the Successor Agency of the Oakley Redevelopment Agency, approves the attached Recognized Obligations Payment Schedule for fiscal year 2022/23, July 1, 2022 – June 30, 2023, attached hereto as Exhibit A and the attached Administrative Budget for fiscal year 2022/23, July 1, 2022 through June 30, 2023 attached hereto as Exhibit B.

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____
Randy Pope, Chair
ATTEST:
____ ___________
Libby Vreonis, Secretary Date
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41 SUCCESSOR AGENCY TO THE FORMER CITY OF OAKLEY

REDEVELOPMENT AGENCY

ADMINISTRATIVE BUDGET
JULY 1, 2022 TO JUNE 30, 2023
CATEGORY DEPARTMENT/DESCRIPTION 2022/2023
Wages & Benefits City Manager $ 30,804
Wages & Benefits Economic Development Management Analyst $ 42,684 Wages & Benefits City Clerk $ 6,766
Wages & Benefits Deputy City Clerk $ 4,830
Wages & Benefits Director of Finance $ 41,803
Wages & Benefits Community Development Director $ 16,370 Wages & Benefits Accounting Manager $ 27,340
Wages & Benefits City Council $ 3,184
Contract Services Legal expenses for Successor Agency Admin $ 15,000 Contract Services Audit Services $ 5,000
Information Technology Computer and other equipment maintenance $ 10,000 Property Management Property for future development costs $ 25,000 Agency Operations Postage, utilities, office supplies, office space etc. $ 21,219 $ 250,000
42 STAFF REPORT
Approved and Forwarded to the City Council
Date: January 25, 2022
To: Joshua McMurray, City Manager
From: Kevin Rohani, Public Works Director/City Engineer SUBJECT: Annexation No. 30 Vintner View (Subdivision 8836) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Background and Analysis
On February 9, 2021, the City Council adopted a resolution approving the Vintner View project’s Design Review (DR 07-20) to construct 8 single-family residential lots and one remainder lot. The Vintner View project, located east of O’Hara Avenue and south of Grapevine Lane, is comprised of APNs 034-590-028 through 034-590-036.

The Conditions of Approval for Vintner View (Subdivision 8836) require the property owner to mitigate their development 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 Vintner View (Subdivision 8836) has requested that the City assist them with the annexing 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 Vintner View (Subdivision 8836) 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 development project’s financial impact on the City’s parks, streetlighting, landscape and stormwater service budgets.

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 development project to CFD No. 2015-

2. The FY 2021-22 special tax rates per single-family parcel are as follows:
43 Therefore, successful annexation of the Vintner View (Subdivision 8836) project into CFD 2015-2 could provide up to $9,213.92 (in FY 2021-22 dollars) in revenue annually when all the parcels are developed. The taxes will be collected on the property tax rolls commencing in FY 2022-23.

Recommendation
The conditions of approval for Vintner View (Subdivision 8836) require the property owner to mitigate their development 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. 30) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services)
Conclusion
Staff recommends that the City Council adopt the Resolution Approving the Annexation (Annexation No. 30) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).

FY 2021-22 Maximum Special Tax Rates per Single-Family Parcel Special Tax Maximum Annual
Component Special Tax Rates
Regional Park Maintenance Tax $149.81
Community Parks Maintenance Tax $330.83
Streetlighting Maintenance Tax $65.32
Neighborhood Parks & Landscape Maintenance Tax $580.78
Stormwater/Water Quality Maintenance Tax $25.00
Total $1,151.74
44 Attachments

1. Unanimous Approval of Annexation to a Community Facilities District and Related Matters - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); 1) Exhibit A: Description of Services;
2) Exhibit B: Cost Estimate; and
3) Exhibit C: Supplement to the Rate and Method of
Apportionment of Special Tax – Tax Zone No. 29.

2. Resolution Approving the Annexation (Annexation No. 30) of Property Located in the Future Annexation Area of the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services);

3. Map – Annexation No. 30 to City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services); and

4. Amendment No. 30 to Notice of Special Tax Lien - City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services).
45 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. 30 – Tax Zone No. 29

January 25, 2022
To the Honorable City Council,
City of Oakley
3231 Main Street
Oakley, CA 94561
Members of the City Council:

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

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

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

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

The Special Taxes will be levied according to the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 29” attached hereto as Exhibit C and made a part hereof (the "Rate and Method"). The cost estimate for the Services is attached hereto as Exhibit B.
46 -2-

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

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

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

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

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

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

Assessor’s Parcel Nos.: 034-590-028 through 034-590-036 Acres: 2.62 acres
47 -3-
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. 30 - Tax Zone No. 29
Property Owner
By:

Name:

Title:

Notice Address:
48 Exhibit A

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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.
49 Exhibit A

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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.
50 Exhibit B

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EXHIBIT B

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Cost Estimate
(FY 2021-22 Dollars)
FY 2021-22
Special Tax Special Tax
Component Requirement
Regional Park Maintenance Tax $1,198
Community Parks Maintenance Tax $2,647
Streetlighting Maintenance Tax $523
Neighborhood Parks & Landscape Maintenance Tax $4,646
Stormwater/Water Quality Maintenance Tax $200
Total $9,214
51 Exhibit C

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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. 29
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. 30 will be annexed to Tax Zone No. 29 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 52 Exhibit C

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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).
53 Exhibit C

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“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.
54 Exhibit C

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“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.
55 Exhibit C

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

For Undeveloped Property, “Proportionately” means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2015-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2015-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Unit” means an individual building structure for residential or multi-family residential uses as defined per the County Assessor. An Accessory Unit that shares a Parcel with a Residential Unit shall not be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. "Single-Family Parcel" means a Parcel designated by the County Assessor as having a single-family residential land use. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Special Tax” means any tax levied within CFD No. 2015-2 to pay the Special Tax Requirement, and includes each Special Tax Component. “Special Tax Component” means one of the following components of the Special Tax: Community Park Maintenance Tax, Streetlighting Maintenance Tax, Neighborhood Parks and Landscape Maintenance Tax, or Stormwater Maintenance Tax.
“Special Tax Requirement” means, for each Special Tax Component, the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected. 56 Exhibit C

Page 6 ends

“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. 57 Exhibit C

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C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2021-22 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 $149.81 per Parcel Regional Park Maintenance Tax Condominium Parcel $112.36 per Parcel Regional Park Maintenance Tax Multi-Family Parcel $74.90 per Unit Regional Park Maintenance Tax Non-Residential Parcel $449.43 per Acre Community Parks Maintenance Tax Single-Family Parcel $330.83 per Parcel Community Parks Maintenance Tax Condominium Parcel $248.12 per Parcel Community Parks Maintenance Tax Multi-Family Parcel $165.42 per Unit Community Parks Maintenance Tax Non-Residential Parcel $992.48 per Acre Streetlighting Maintenance Tax Single-Family Parcel $65.32 per Parcel Streetlighting Maintenance Tax Condominium Parcel $48.99 per Parcel Streetlighting Maintenance Tax Multi-Family Parcel $32.66 per Unit Streetlighting Maintenance Tax Non-Residential Parcel $195.95 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $580.78 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $435.59 per Parcel Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $290.39 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 $2,885.86 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $25.00 per Parcel Stormwater/Water Quality Maintenance Tax Condominium Parcel $18.75 per Parcel Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $12.50 per Unit Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $124.22 per Acre Table 1: Developed Property
FY 2021-22
Maximum
Tax
58 Exhibit C

Page 8 ends

2. Undeveloped Property - The Fiscal Year 2021-22 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, 2022, 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 $449.43 per Acre Regional Park Maintenance Tax Condominium Parcel $337.07 per Acre Regional Park Maintenance Tax Multi-Family Parcel $224.71 per Acre Regional Park Maintenance Tax Non-Residential Parcel $224.71 per Acre Community Parks Maintenance Tax Single-Family Parcel $992.48 per Acre Community Parks Maintenance Tax Condominium Parcel $744.36 per Acre Community Parks Maintenance Tax Multi-Family Parcel $496.25 per Acre Community Parks Maintenance Tax Non-Residential Parcel $496.25 per Acre Streetlighting Maintenance Tax Single-Family Parcel $195.95 per Acre Streetlighting Maintenance Tax Condominium Parcel $146.96 per Acre Streetlighting Maintenance Tax Multi-Family Parcel $97.98 per Acre Streetlighting Maintenance Tax Non-Residential Parcel $97.98 per Acre Neighborhood Parks & Landscaping Maintenance Tax Single-Family Parcel $2,885.86 per Acre Neighborhood Parks & Landscaping Maintenance Tax Condominium Parcel $2,885.86 per Acre Neighborhood Parks & Landscaping Maintenance Tax Multi-Family Parcel $2,885.86 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 $2,885.86 per Acre Stormwater/Water Quality Maintenance Tax Single-Family Parcel $124.22 per Acre Stormwater/Water Quality Maintenance Tax Condominium Parcel $124.22 per Acre Stormwater/Water Quality Maintenance Tax Multi-Family Parcel $124.22 per Acre Stormwater/Water Quality Maintenance Tax Non-Residential Parcel $124.22 per Acre Maximum
Table 2: Undeveloped Property
FY 2021-22
Tax
59 Exhibit C

Page 9 ends

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.
60 Exhibit C

Page 10 ends

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.

RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING THE ANNEXATION (ANNEXATION NO. 30) 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 034-590- 028 through 034-590-036 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. 62 Resolution No. XX-22 Page 2 of 2

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, as follows:

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

2. Approval of Annexation. The City Council hereby determines that Assessor’s Parcel Numbers 034-590-028 through 034-590-036 are annexed into Tax Zone No. 29 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 034-590-028 through 034-590-036 are added to the CFD.

4. Boundaries Described. The revised boundaries of the CFD including Assessor’s Parcel Numbers 034-590-028 through 034-590-036 are described in an amended boundary map, which this City Council hereby directs the City Clerk to record with the Contra Costa County Recorder’s office.

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

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

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____
Randy Pope, Mayor
ATTEST:
____ ___________
Libby Vreonis, City Clerk Date
63 ANNEXATION MAP No. 30 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREET LIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER)

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA

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

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION No. 30 TO CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2 (PARKS, STREET LIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER),

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

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

ASSESSOR PARCELS WITHIN BOUNDARY: FOR PARTICULARS

OF LINES AND DIMENSIONS OF PARCELS, REFERENCE

IS MADE TO THE ASSESSOR PARCEL MAPS OF CONTRA

COSTA COUNTY FOR ASSESSOR PARCEL NUMBERS
034-590-028 THROUGH 034-590-036.

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

LIBBY VREONIS, CITY CLERK

CITY OF OAKLEY

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
SHEET 1 OF 2

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

LIGHTS, 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. 30 - TAX ZONE NO. 29
SEE SHEET 2
64 ±
SHEET 2 OF 2
Annexation No. 30 - Tax Zone No. 29
(Subdivision 8836 - Vintner View)
1 2 3
5 4 6
8 7
9 Grapevine Ln
Mira Vista Dr
Eagle Nest Dr
O'H
a
r
a
Av
e
ANNEXATION MAP No. 30 TO
CITY OF OAKLEY COMMUNITY FACILITIES DISTRICT No. 2015-2

CITY OF OAKLEY

CONTRA COSTA COUNTY, STATE OF CALIFORNIA
(PARKS, STREET LIGHTS, LANDSCAPE MAINTENANCE AND STORMWATER) 0 50 100
Feet
Legend
!( Reference Number
CFD No. 2015-2 Annexation Area No. 30
Parcel Lines
Reference
Number
Assessor's
Parcel
Number
1 034-590-028
2 034-590-029
3 034-590-030
4 034-590-031
5 034-590-032
6 034-590-033
7 034-590-034
8 034-590-035
9 034-590-036
1 65

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Oakley
City Hall
3231 Main Street
Oakley, California 94561
AMENDMENT NO. 30 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 30 - Tax Zone No. 29
(Subdivision 8836 – Vintner View)
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. 30 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. 30 to Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services), County of Contra Costa, State of California,” heretofore recorded at ________ on _______________, 2022, in Book _____ at Page _____ of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Contra Costa, State of California.

The rate, method of apportionment, and manner of collection of the authorized special tax, as supplemented with respect to the annexation of the territory described herein to the CFD, is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in 66 2
accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.

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

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 30 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

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

Dated: As of _____________, 2022
By:

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

Page 1 ends

EXHIBIT A

CITY OF
OAKLEY
Community Facilities District No. 2015-2
(Parks, Streetlight, Landscape and Stormwater Services) Annexation No. 30 – Tax Zone No. 29
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND WITHIN
ANNEXATION NO. 30 – TAX ZONE NO. 29
Assessor’s Parcel No(s). Name(s) of Property Owner(s)
034-590-028
034-590-029
034-590-030
034-590-031
034-590-032
034-590-033
034-590-034
034-590-035
034-590-036

ADS III HOLDINGS LLC

ADS III HOLDINGS LLC
68 Exhibit B

Page 1 ends

EXHIBIT B

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

Page 2 ends

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. 70 Exhibit B

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“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.
71 Exhibit B

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“Mixed Use Parcel” means a Parcel designated by the County Assessor as having a multiple land uses such as residential land uses and commercial land uses, or multi-family land uses and commercial land uses.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multi-family residential land uses which includes duplexes, triplexes, fourplexes and apartments.
“Non-Residential Parcel” means for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.
“Non-Residential Parcel – In Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Commercial, Industrial, or Institutional Parcel has notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year and the City Manager or his/her designee has determined that the Property Owner has maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, in order for any Commercial, Industrial, or Institutional Parcel within a Tax Zone of CFD No. 2015-2 to be defined as a NonResidential Parcel – In Compliance, all Non-Residential Parcels within the Tax Zone must also be defined as Non-Residential Parcel – In Compliance. “Non-Residential Parcel – Out of Compliance” this definition only applies for the purpose of calculating the annual neighborhood parks and landscaping maintenance tax component and means for each Fiscal Year, an Assessor Parcel designated by the County Assessor with a County Land Use Code of Commercial, Industrial, or Institutional for which the Property Owner of the Non-Residential Parcel has not notified the City in writing by the preceding February 1st that it will maintain its parcel’s frontage landscaping during the immediate following fiscal year or the City Manager or his/her designee has determined that the Property Owner has not maintained its Parcel’s frontage landscaping in previous Fiscal Years to City Landscape Maintenance Standards. In addition, if any Non-Residential Parcel within a Tax Zone of CFD No. 2015-2 is defined as a Non-Residential Parcel – Out of Compliance, then all Non-Residential Parcels within the Tax Zone must also be defined as NonResidential Parcel – Out of Compliance. 72 Exhibit B

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“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.

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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.

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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 2021-22 Maximum Special Tax for each Special Tax Component for all Parcels of Developed Property shall be as shown in Table 1 below:

2. Undeveloped Property - The Fiscal Year 2021-22 Maximum Special Tax for each Special Tax Component for all Parcels of Undeveloped Property shall be as shown in Table 2 below:

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Page 9 ends

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

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.
78 STAFF REPORT
Approved and Forwarded to the City Council
Date: January 25, 2022
To: Joshua McMurray, City Manager
From: Kevin Rohani, P.E. Public Works Director/City Engineer Subject: Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Design Services associated with CIP Project Number 255 – Cypress Grove Subdivision Pump Station Building Project Background and Analysis
The City’s adopted FY 2021/22 Capital Improvement Program Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City of Oakley’s Strategic Plan (section 4.b) goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

The Cypress Grove Subdivision was constructed as part of a large residential neighborhood over 15 years ago by private developers along East Cypress Road surrounding Delta Vista Middle School and Iron House Elementary School.

The construction of this subdivision included a lake that is used for stormwater detention, stormwater pumps, irrigation well, emergency generator, and a structure that houses the mechanical and electrical components. This structure only has half of a roof and does not fully cover the components that are inside, which are exposed to environmental elements. The mechanical and electrical components at this facility are very expensive to replace and with current exposure to environmental elements they will deteriorate at a fast rate and require replacement.

Staff investigated the possibility of renovating this structure and constructing the full roof so it will cover all the components inside and protect them from environmental elements. This would be similar to the Emerson Ranch and Delaney Subdivisions pump station buildings to the east of the Cypress Grove Subdivision.

Staff prepared a scope of work that included the installation of a new roof for a full enclosure to the structure, organizing and renovating components inside the structure for a clean and dry facility for enhanced operations. Staff requested proposals from engineering firms with expertise in the design of such projects and received two (2) proposals from: Pacific Advanced Civil Engineering, Inc. (PACE) for $97,400 and Coleman Engineering, Inc. for $170,799.
79 After detailed review of the proposals, and field visits of the facility with each designer, it was determined that PACE had the best proposal and a very cost competitive price that meets the project needs. This firm has designed other projects involving a pump station building and is very familiar with the site. PACE was also the original designer of this facility and is knowledgeable of all of its components.

Fiscal Impact
The funding of this project will be from Cypress Grove Community Facility District (CFD) Fund.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the contract with Pacific Advanced Civil Engineering, Inc. (PACE) for design services associated with Capital Improvement Project Number 255 – Cypress Grove Subdivision Pump Station Building Project, and to authorize the City Manager to enter into an agreement not to exceed $97,400.

Attachments
1) Pacific Advanced Civil Engineering, Inc. Proposal
2) Resolution
80 December 22, 2021
City of Oakley
Kevin Rohani, P.E.

Public Works Director/City Engineer
3231 Main Street
Oakley, CA 94561
925-625-7003
[email protected]
Re: Cypress Grove Storm Station Rehabilitation
Professional Engineering Design Services Proposal # 8138E Dear Kevin,
PACE is pleased to provide our proposal for engineering services for the Cypress Grove Storm Station Rehabilitation project. Attached are our Scope of Services, Compensation, Provisions and Engineering Fee Estimate.

We appreciate the opportunity to be of service to the City of Oakley and look forward to the successful completion of this project. Please contact me if there are any questions or if we may provide any additional information.

Sincerely,
Andy Komor, PE
Sr. Vice President – Environmental Water Division
ATK/sm
Enclosures: Scope of Services, Compensation, Provisions and Engineering Fee Estimate. 81 PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES

CYPRESS GROVE STORM STATION REHABILITATION
#8138E
BACKGROUND/OBJECTIVE:

PACE has carefully considered the appropriate approach to execute this project including a site visit with City Staff on 12/14/21. Based on these evaluations it is clear that the Cypress Grove Storm Station requires rehabilitation and improvement in order to improve reliability, robustness, and maintenance access, as well as improve efficiency of operations. We understand the biggest problem appears to be that excess unused equipment is situated within the site and the building needs complete renovation to provide a clean, organized, and dry site for operations. Ideally, a new building is constructed, excess equipment is removed, a system drain is provided, and equipment is added/replaced. All equipment and controls will be streamlined and electrical and controls equipment will be dry to prevent wear and damage. Below is a summary of the projects with key improvement needs and creative thoughts for each system improvement.

Table 1: Identified Problems and Solutions
Cypress Grove Storm Station
Triplex Pump Station w/Lake Equipment

IDENTIFIED PROBLEMS IDENTIFIED SOLUTIONS CREATIVE THOUGHTS Station is open and subject to rainwater,
corrosion, dirt, and animals
Provide a new improved
building architecture, structural
enclosure, improve
maintenance access and
ingress/egress
Use existing north side roof system with crane-way,
and add on a south side roofing system with garage
door and mandoor on the east side. Improve
materials and aesthetics.

Nuisance water on the floor makes system
challenging to maintain
Replace or service the air
release valves, and install drain
Reuse abandoned irrigation suction pipe to transfer
channel drain water by gravity back to the lake
Replace problematic equipment Replace with new
Provide modern technology including ARI combo air
valves with less leakage, improve controls and
telemetry; replace small noisy air compressors with
single larger blower
Remove existing unused equipment
demo unused irrigation
equipment and move well
control panel
Constructing a new precast vault offline allows better
access of the old electrical equipment during
operations
Based on an investigation of the existing facilities, it is our understanding that the City seeks to design and construct improvements to these stations. Despite the unique project challenges of construction, the new station shall be designed to be long-lasting, reliable, simple to construct, and easy to operate.

Our proposed Scope of Work and Engineering Design Approach is to carefully investigate the project conditions and consider with City staff the best alternatives and selection for the projects. Where possible, we prefer commonality of components and parts between the other area stations, which improves operability, replacement, and education of maintenance practices. The following are project design goals and criteria for the station’s improvements:

1. INTEGRATION OF MONITORING/CONTROLS – The new station will need to be highly reliable with redundant level and starter relay equipment and improved backup power generation. During high flow conditions, security problems, or forcemain damage, it is important to immediately communicate information to the City’s master SCADA system efficiently for fast response. 82 City of Oakley – Cypress Grove Storm Station Rehabilitation December 22, 2021 Scope and Compensation for #8138E Page 2 of 5

2. PROLONGING EQUIPMENT LIFE – The materials of construction shall include plastics, duplex stainless / bronze, and ceramic/epoxy/cement coatings where possible to increase life of the equipment and decrease the rate of wet well infiltration. It is our experience that it is more economical in most cases to select standard pump materials and apply special coatings on a planned frequency to wetted parts instead of having the entire pump specially designed in duplex stainless automatically.

3. INSTALLING STATION WITHOUT INTERRUPTION – Because the station is mission critical, it will be important to install the new station without interrupting storm service.

4. SECURITY OF EQUIPMENT & SMALL SPACE AVAILABLE – Because the station will need to be secured from vandalism, we will focus on providing robust enclosures with secured doors.

THE ARCHITECTURAL, CIVIL, AND STRUCTURAL IMPROVEMENTS ARE AS FOLLOWS:

1. Addition of walls and a 15-feet x 40-feet roof over the existing open portion of the structure, with gable vents. The roof is to be designed so that the pumps can be pulled with the existing overhead crane.

2. Addition of a 12-foot roll-up door with a framed-in 3-foot man door, and removal of the gates on the east wall.

3. Addition of vents for the standby generator intake/exhaust now that it will be in an enclosed building.

4. Exterior aesthetic improvements, including fascia around the roof edge.

5. Addition of a sound enclosure around the existing air compressor.

6. Addition of roof gutters and downspouts.

7. Repainting of all mechanical equipment, and painting of the PG&E transformer external to the building.

8. Excavation of fill adjacent to the pump cans, installation of a weed barrier, and replacement of the fill with clean rock.

9. Repainting of the interior and exterior of the building.

ELECTRICAL AND SCADA IMPROVEMENTS ARE AS FOLLOWS:

10. Modification of the PLC to provide for cellular telephone-based communication for monitoring and control from SCADA. This includes radio configuration, equipment modifications and testing.

11. Upgrading of the existing legacy PLC CPU and HMI to match the latest pump station PLC and HMI hardware.

12. Programming of the PLC, HMI, and the SCADA system.

13. Lighting and general power distribution, including new interior LED lights.

SECTION A - SCOPE OF SERVICES:

A. Consultant agrees to perform the following services:

Task 1 – Data Collection & Assessment

1.1 Project Manager, Andy Komor, with the Project Engineering Team including structural and electrical and instrumentation specialists, will review existing project information and examine and inventory the station. The information obtained during this task will be critical leading to the preliminary design in order to best identify efficient and valuable upgrade elements for the project.

1.2 A workshop meeting with the project team will occur including walking the sites and strategizing about the different potential approaches and pros and cons for the project. 83 City of Oakley – Cypress Grove Storm Station Rehabilitation December 22, 2021 Scope and Compensation for #8138E Page 3 of 5
Task 2 – Design of Pump Station

2.1 An existing conditions and demolition sheets will be created for the site including a proposed construction staging and lay-down area.

2.2 All proposed concrete and stainless steel structural components, boxes, and infrastructure including concrete pads or crane system will be designed by Structural Engineer, PKA, with details included on structural sheets and structural specifications for the project.

2.3 All proposed electrical power improvements will be designed by Electrical Engineer, Chris Najarian, for electrical one line diagram, electrical calculations, backup power calculations, electrical layouts, conduit schedules, and wiring diagrams and details. All proposed control systems will be designed and incorporated into the electrical and process and instrumentation diagram drawings and specifications by Instrumentation and Controls Specialist, Ernesto Camarena, with support from team Project Manager and Principal, Andy Komor and James Matthews, respectively. The control systems and strategy are the most important aspect of any pump station project and require specialized attention.

2.4 A complete plan set consisting of general sheets comprised of summary of work, sheet index, and existing conditions will be provided, structural sheets consisting of masonry and steel detailing and plan/section will be provided, architectural sheets consisting of profile views and details of the improved station will be provided, mechanical sheets consisting of plan, section, and details of all mechanical components will be provided, instrumentation sheets consisting of inputs and outputs from each piece of equipment and instrumentation will be provided, and electrical power and control wiring and circuitry on the electrical plans will be provided.

2.5 These complete plan sets will be produced at 60%, 90%, and final design timeframes and three sets of bond paper copies will be plotted at each interval for City use and review.

Task 3 – Preparation of Contract Documents

3.1 Complete construction phase bid documents will be provided including front-end notice to bidders, instructions to bidders, bid schedule, agreement, general conditions, and special provisions.

3.2 Back-end technical specifications will be provided including general, civil, structural, architectural, mechanical, instrumentation and controls, and electrical sections. The geotechnical report and other documents relevant to the construction will also be included in the bid documents prepared.

Task 4 – Project Management & Meetings

4.1 A budget of 4 two-hour duration meetings for design, construction phase, SCADA discussion, and planning purposes, and have been budgeted for attendance by any of the project team, the budget includes half of the meetings by Project Manager, Andy Komor along with support from other project staff as indicated in the project budget.

4.2 Conference calls, Teams meetings, and emails will be provided with the client from Project Manager, Andy Komor, for the purposes of coordinating on key decisions for the project and keeping the City current with the design progress.

Task 5 – Preparation of Engineer’s Estimate

5.1 At the 60% design interval and the final design interval the project team will provide a construction cost estimate with structural, mechanical, instrumentation, and electrical costs provided, followed by estimates for installation labor, general conditions, markup and overhead, taxes and insurance, and contingency. 84 City of Oakley – Cypress Grove Storm Station Rehabilitation December 22, 2021 Scope and Compensation for #8138E Page 4 of 5
Task 6 – Bidding and Construction Support Services

6.1 Construction-specialist project engineer Brian Reid and project manager Andy Komor will attend the pre-bid conference and present the project to the contractors and walk the sites, and following the meeting the project team will formally respond to questions during bid.

6.2 A budget of 10 submittals per site have been provided for review and corresponding responses to the contractor, this also included phone and email correspondence with the vendors to streamline the approval process and ensure quality of equipment and function on the site.

6.3 A budget of 10 RFIs per site have been provided for review and corresponding responses to the contractor, this also included phone and email correspondence with the vendors to streamline the approval process and ensure quality of equipment and function on the site.

6.4 Using the contractors redline plan sets from the field, the project team will review and coordinate with the contractor the final edits and prepare the changes for digital documentation of the final construction drawings for the City’s library.

6.5 Project Manager, Andy Komor will work with project engineers and Brian Reid to make sure the station improvements have been provided per the contract documents and provide testing of the sequence of operations for the station to verify the functions, alarming, and monitoring.

SECTION B - COMPENSATION:

PACE will complete the work outlined herein and invoice Client monthly on a percentage of completion basis, the time and expense (T&E) amount of $ 97,400 in accordance with the attached “Engineering Fee Estimate”.

Task Description Professional Fee
1 Data Collection & Assessment $ 6,140
2 Design of Pump Station $ 44,980
3 Preparation of Contract Documents $ 5,540
4 Project Management & Meetings $ 8,400
5 Preparation of Engineer’s Estimate $ 2,820
6 Bidding and Construction Support Services $ 29,520
TOTAL FIXED FEE: $ 97,400
85 City of Oakley – Cypress Grove Storm Station Rehabilitation December 22, 2021 Scope and Compensation for #8138E Page 5 of 5
ASSUMPTIONS AND EXCLUSIONS:

1. The Client’s responsibilities shall include providing PACE with the base data and project information in a timely manner, coordination and management of other team consultants to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the Client or other consultants include the following:
a. Client input pertaining to project design issues and requirements including scheduling. b. Site land-use base plans with existing and proposed elevation contours in transferable computer format.
c. Geologic and soils investigation reports.
d. Existing and proposed hydrologic and drainage data, maps, and reports. e. Any other data that directly impacts PACE ability to perform the design in an efficient and economic manner.

2. Any proposed project changes which affect work in progress or previously completed will be justification for additional compensation.

3. All required aerial topography and base mapping will be paid for and supplied by Client, or others. Base topo and site information will be provided in digital (electronic) format compatible with AUTOCAD or C3D version 2019 or earlier.

4. No environmental documentation or support, including no environmental permitting.

5. No surveying or construction staking is included.

6. Local government approval meetings, hearings, etc., and preparation of presentation graphics will be under separate work authorization, if required.

7. Existing utility information research and mapping is not included and will be provided by Client.

8. For all the data delivered to PACE for the purpose of digital mapping, including but not limited to GIS and AutoCAD, PACE requires said data be delivered in one of the recognized standard coordinate systems such as the Stateplane Coordinate System or the Universe Transverse Mercator (UTM). In addition, PACE requires all datums, vertical and horizontal, be documented in a metadata sheet and be included along with the delivered data. If the coordinate system is in what is often referred to as a “Local Coordinate System,” and the deliverer does not have the capability to convert data into one of the recognized standard coordinate systems, PACE requires a Control Conversion document (CCD) be included in the deliverable. The CCD will include all the necessary coordinate transformation information and scale factors needed to make an accurate translation of the data to PACE’s acceptable coordinate systems. If this information is not available, PACE will require an addendum to this proposal to include Time and Materials used to translate the delivered data into the appropriate standard coordinate system.

9. The fees proposed herein shall apply until one year from date of proposal. Due to ever-changing costs, Consultant will increase those portions of the contract fee for which work must still be completed after one year from date of proposal, as negotiated with the Client up to a maximum of ten-percent (10%).
86 AGREEMENT BETWEEN CLIENT AND CONSULTANT
AGREEMENT ENTERED INTO AT Fountain Valley, CA made this 22nd day of December 2021, by and between the City of Oakley hereinafter called “Client,” and Pacific Advanced Civil Engineering, Inc. (PACE), a California corporation, herein called “Consultant.”
Client and Consultant agree as follows:

A. Client retains Consultant to perform services for:

Cypress Grove Storm Station Rehabilitation
hereinafter called “Project.”
B. Consultant agrees to perform the following scope of services:
(See attached Scope of Services – Section “A” for a detailed description) C. Client agrees to compensate Consultant for such services as follows:

Fee
(See attached Compensation Page – Section “B” for a detailed description) D. This Agreement is subject to Provisions of Agreement 1 through 28 attached herewith, and the terms and conditions contained in initialed exhibits attached herewith and made a part hereof.

IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and on the day and year indicated above.

Pacific Advanced Civil Engineering, Inc. (PACE) CLIENT: City of Oakley By: By:

Name: Andrew T. Komor, PE Name:

Title: Sr. Vice President – Environmental Water Title:

Job #: 8138E Date:
87 GENERAL PROVISIONS ATTACHED TO THAT CERTAIN

AGREEMENT BETWEEN CLIENT AND CONSULTANT
DATED December 22, 2021 (collectively, the “Agreement”) Pacific Advanced Civil Engineering, Inc. (PACE) shall be hereinafter referred to as “CONSULTANT” and the City of Oakley will be hereinafter referred to as “CLIENT” with respect to the “PROJECT” known as “Cypress Grove Storm Station Rehabilitation”.

GENERAL

1. In the performance of the services under the Agreement, CONSULTANT shall at all times be an independent contractor, contracting services to CLIENT solely pursuant to the Agreement, and CONSULTANT is not, nor shall CONSULTANT represent CONSULTANT to be at any time, an agent or employee of CLIENT except as expressly set forth in the Agreement.

2. CLIENT agrees to cooperate in any and every way or manner with CONSULTANT on the PROJECT.

3. In addition to the printed provisions, the drawings and specifications shall become the property of CLIENT at completion of construction of the PROJECT. The CLIENT shall not reuse project design, drawings, and specifications without written consent of CONSULTANT. CONSULTANT will provide reproducible transparencies of the final PROJECT plans to CLIENT at completion of construction of the PROJECT. CONSULTANT, however, does not assume any professional responsibility or liability for use of the final plans and/or the drawings or specifications at any location other than this particular PROJECT site. CLIENT will defend, indemnify and hold CONSULTANT harmless from any errors and/or omissions arising out of the use of the final plans and/or the drawings and specifications at any other location.

4. All agreements on CONSULTANT’S part are contingent upon and subject to, the fact that CONSULTANT shall not be responsible for damages, or be in default or be deemed to be in default, by reason of delays in performance by reason of strike, lockouts, accidents, acts of God and other delays unavoidable or beyond CONSULTANT’S reasonable control or due to shortages or unavailability of labor at established area wage rates or delays caused by failure of CLIENT or CLIENT’S agents to furnish information or to approve or disapprove CONSULTANT’S work promptly, or due to late or slow, or faulty performance by CLIENT or Client’s consultants or contractors, or by governmental agencies. In the case of the happening of any such cause of delay, the time of completion of CLIENT’S work under the Agreement shall be extended accordingly.

5. In the event that all of the obligations of CONSULTANT or CLIENT, respectively, required to be performed under the Agreement have not been performed as agreed for any reason other than a default by other party hereto, the non-defaulting party shall have the right, upon giving 30 calendar days prior written notice to the other party hereto, to terminate the Agreement and CONSULTANT shall be paid to the date of termination for all services rendered and cost incurred hereunder.

6. CONSULTANT makes no warranty, either expressed or implied, as to CONSULTANT’S findings, recommendations, specifications or professional advice except that these were promulgated after being prepared in accordance with generally accepted Civil Engineer practices and under the direction of a Civil Engineer and/or a professional staff.

7. CONSULTANT makes no representations concerning soil conditions unless specifically included in writing in the Agreement and CLIENT is not responsible for any liability that may arise out of the making, or any failure to make, soil surveys or subsurface soil tests or general soil testing.

8. CONSULTANT makes no representation concerning construction cost figures estimated in connection with maps, plans, specifications or drawings other than that all cost figures are estimates only.

9. In consideration of CONSULTANT’S fee for services, CLIENT agrees that, unless otherwise specified, CONSULTANT will perform no on site construction review for this PROJECT, unless specifically included in writing in this Agreement, that such services will be provided by others and that CLIENT shall defend, indemnify and hold CONSULTANT harmless from any and all liability, real or alleged, that might be occasioned by others performing construction review for this PROJECT.

10. CLIENT agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for the PROJECT site, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours and CLIENT further agrees to defend, indemnify and hold CONSULTANT harmless from any and all liability, real or alleged, in connection with the performance of work of this PROJECT, except liability arising from the sole negligence of CONSULTANT.

11. Notwithstanding anything else to the contrary contained herein or in the Agreement, CLIENT agrees to limit CONSULTANT’S exposure to liability and damages to CLIENT and to all contractors and subcontractors on the PROJECT, due to professional negligent acts, errors or omissions of CONSULTANT, to the lesser of the limits of CONSULTANT’S errors and omissions and general liability insurance policies, or the fee paid to CONSULTANT for the performance of the services under the Agreement. IN NO EVENT WILL CONSULTANT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,

EXPENSES, LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES UNDER THE AGREEMENT, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS SECTION WILL SURVIVE THE TERMINATION OF THE AGREEMENT.

12. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and documents which may be necessary and proper to carry out the terms of the Agreement.

13. The terms and provisions of the Agreement shall not be construed to alter, waive or affect any lien or stop notice rights, which CONSULTANT may have for the performance of services under the Agreement.

14. No conditions or representations, altering, detracting from or adding to the terms of the Agreement or hereof shall be valid unless printed or written hereon or evidenced in writing by either party to the Agreement and accepted in writing by the other party hereto.

15. One or more waivers of any term, condition or covenant by CONSULTANT shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of the same or any other term, condition or covenant.

16. In the event any provision of the Agreement shall be held to be invalid and unenforceable, the other provisions of the Agreement shall be valid and binding on the parties hereto.
88 17. Should litigation be necessary to enforce any term or provision of the Agreement, or to collect any portion of the amount payable under the Agreement, then all litigation and collection expenses, witness fees and court costs and attorneys’ fees shall be paid to the prevailing party.

18. The Agreement binds CONSULTANT and CLIENT and their successors and permitted assigns. Neither party hereto shall assignor transfer, whether by operation of law or otherwise, all or any portion of such party’s interest, rights or obligations in the Agreement without the prior written consent of the other party hereto.

19. The Agreement and the documents, drawings, plans and specifications referred to therein, and these General Provisions, constitute the entire agreement of the parties hereto with respect to the matters set forth therein and herein and are the final, complete and exclusive expression of the terms and conditions thereof. All prior or contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

20. The Agreement shall be construed and enforced in accordance with the laws of the State of California. Each Party hereby irrevocably consents that all proceedings arising in connection with the Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Orange, State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to, or arising out of, the Agreement in any jurisdiction other than that specified in this Section.

21. All notices, demands or other communications given hereunder shall be in writing and shall be delivered personally, by facsimile or electronic mail transmission, or by United States certified or registered mail, return receipt requested, postage prepaid, addressed to the address for such party set forth in the Agreement. All notices shall be deemed given upon the earliest of receipt, confirmed facsimile or electronic mail transmission, or three 3 calendar days after deposit in the United States mail.

22. In the event of any conflict or inconsistency between the provisions of these General Provisions and the provisions of the Agreement, the provisions of these General Provisions shall control.

PAYMENT

23. CONSULTANT shall present all invoices to CLIENT prior to the last day of each calendar month based upon percentage of completion, per the fee set forth in the Agreement. Invoices shall be due and payable when delivered. Payment is to be made at 17520 Newhope Street, Suite 200, Fountain Valley, CA 92708.

24. CLIENT shall promptly review invoices and notify CONSULTANT of any objection thereto; absent such objection in writing within 10 calendar days of the date of the invoice, the invoice shall be deemed proper and acceptable and immediately payable in full.

25. If the undisputed amount of any invoice is not paid within 30 calendar days of the date of the invoice, such undisputed amount shall commence bearing interest from the date of the invoice at the rate of 1.5% per month or the maximum rate allowed by law, whichever is greater, and CLIENT agrees to pay all accrued interest thereon, together with the undisputed amounts set forth in such invoice.

26. In the event that any undisputed amount of any invoice is not paid in full within 60 calendar days following the date of the invoice, such failure shall constitute a material breach of the Agreement and CONSULTANT may exercise all rights and remedies CONSULTANT may have at law, in equity or under the Agreement with respect to such material breach including, without limitation, termination of the Agreement following 10 calendar days’ written notice of such material breach to CLIENT and CLIENT’S failure to cure such breach within such 10-day period.

27. CLIENT shall pay, in addition to the stated fee, the cost of all reimbursable items such as fees, permits, bond premiums, title company charges, delivery charges, blueprints, and reproductions and all other charges and expenses not specifically covered by the terms of the Agreement. In the event such reimbursable items are paid directly by CONSULTANT, then such charges and expenses shall be invoiced at CONSULTANT’S direct cost plus 10% for handling.

28. Any additional services not covered in the Scope of Work of the Agreement, which CLIENT requests CONSULTANT to perform, such as site reconnaissance and inspections during construction, additional visits out of town or to other places of business, will be requested in writing and will be invoiced on a time and material basis based on CONSULTANT’S then current schedule of fees and costs. 89 2016 PACE Hourly Rate Schedule
Description Hourly Rate
Principal $255
Project Manager $210
Project Engineer $160
Construction Engineer $160
ENGINEERING FEE ESTIMATE Design Engineer / Modeler $140 PROJECT WORKSHEET Structural Engineer $160
Electrical Engineer $160
Sr. CAD Designer $140
Project Data Instrumentation & Controls Specialist $155 Project: Cypress Grove Storm Station Rehabilitation Project Coordinator / Admin Support $95 Client: City of Oakley
PACE Job Number: 8138E
Estimate Date: Dec 22, 2021
Total Fee Amount: $97,400
Item No. Work Item Description
PACE Estimated Manhours
Man-Power
Subtotal
Reimburs.

Principal Project Manager Project Engineer Expenses Total Task Costs Structural Engineer
/ Arch Electrical Engineer
Instrument and
Controls Specialist Sr CAD Designer Project Coordinator J Matthews A Komor Z Song / B Reid
J Appleyard / K
Doan C Najarian E Camarena T Gutierrez S McCamney
$255 $210 $160 $160 $160 $155 $140 $95
1 Data Collection and Assessment 0 8 8 12 4 4 0 0 $6,140 $0 $6,140

1.1 Review and Validate Findings, Data, Info 4 4 12 4 4 $4,660 $4,660

1.2 Meeting with Project Team 4 4 $1,480 $1,480
2 Design of Pump Station 6 18 24 116 14 8 86 10 $44,180 $800 $44,980

2.1 Existing Conditions 2 2 12 4 2 10 $5,010 $5,010

2.2 Structural Design 4 44 $7,880 $7,880

2.3 Electrical Design 4 8 10 6 $4,650 $4,650

2.4 Plan Submittals (60%, 90%, Final) 6 8 14 60 76 $25,690 $25,690

2.5 Reproduction 10 $950 $800 $1,750
3 Preparation of Contract Documents 0 0 8 10 0 0 0 28 $5,540 $0 $5,540

3.1 Compile Contract Documents 4 14 $1,970 $1,970

3.2 Technical Specifications 4 10 14 $3,570 $3,570
4 Project Management and Meetings 0 12 32 0 0 0 0 8 $8,400 $0 $8,400

4.1 4 Total Design, Construct, SCADA, or Plan Mtgs 6 22 4 $5,160 $5,160

4.2 Conference Calls and Emails for Project Duration 6 10 4 $3,240 $3,240 5 Preparation of Engineers Estimate 2 4 6 2 0 0 0 2 $2,820 $0 $2,820

5.1 60% and Final Design Cost Estimate 2 4 6 2 2 $2,820 $2,820 6 Biddings and Construction Support Services 0 16 32 62 14 14 24 30 $29,020 $500 $29,520

6.1 Pre-Bid Meeting and Response to Qs During Bid 2 4 6 2 2 6 $3,220 $3,220

6.2 Review of Submittals 6 10 30 6 6 12 $10,690 $10,690

6.3 Response to RFIs 4 8 22 6 6 12 $8,670 $8,670

6.4 Prepare Record Drawings 2 4 24 $4,320 $500 $4,820

6.5 Start Up Services 4 8 $2,120 $2,120

TOTALS 8 58 110 202 32 26 110 78 $ 96,100 $ 1,300 $ 97,400 90 Resolution No. XX-22 Page 1 of 1
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING AN AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. (PACE)

FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE CYPRESS GROVE SUBDIVISION PUMP STATION BUILDING PROJECT NUMBER 255 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Cypress Grove Pump Station structure only has half of a roof and does not fully cover the components that are inside which are exposed to environmental elements; and
WHEREAS, Staff prepared a scope of work that included the installation of a new roof for full enclosure to the structure, organizing and renovating the components inside the structure and solicited proposals from design consultants; and WHEREAS, Pacific Advanced Civil Engineering, Inc. (PACE) has submitted a proposal to provide design services for CIP Project Number 255 for an amount not to exceed $97,400 that is best suited for this project; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley hereby approves the proposal from Pacific Advanced Civil Engineering, Inc. (PACE) for the preparation of engineering design drawings, and cost estimates for CIP Project Number 255 for an amount not to exceed $97,400, in the form attached hereto as Exhibit A, and authorizes the City Manager to execute it into an agreement.

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

AYES: Higgins, Fuller, Meadows, Pope, Williams
NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
91 STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Date: January 25, 2022
To: City Council
From: Joshua McMurray, City Manager
Subject: Adopt a Resolution supporting the Brand-Huang-Mendoza Tripartisan Land Use Initiative to repeal SB 9 and SB 10, and restore local control over zoning and land use decisions
Summary and Background
This item was brought to the attention of the City Manager by both current Mayor Randy Pope and last years Mayor and current Councilmember Sue Higgins.

Over the past few years, the State of California has enacted several laws that usurp local authority over land use decisions. This top-down approach replaces local decision making with state planning that is not responsive to local needs. The imposition of a one-size-fits-all land use policy is ill-suited to a large state of nearly 40 million people living in hundreds of diverse communities.

On June 8, 2021, the City Council approved a letter that opposed Senate Bill 9 because it would erode local control over the City’s zoning and land use authority.

Despite opposition from the League of California Cities and 244 cities throughout the state, Governor Newsom signed SB 9 and SB 10 into law on September 16.

SB 9 requires cities to ministerially approve duplexes on single-family lots, including parcel maps dividing a lot into two equal parts (lot split). The ministerial approval process eliminates public hearings and public noticing for projects. SB 10 allows cities to upzone single-family parcels in “jobs rich” areas to allow for up to 10 units without going through the California Environmental Quality Act (CEQA) process.

On August 25, a group of proponents filed the Brand-Huang-Mendoza Tripartisan Land Use Initiative, starting the process to place the Initiative on the ballot for the November 8, 2022 General Election. This measure would amend the State Constitution to ensure zoning, land-use and development decisions are made at the local level, and to stop legislative bills like SB 9 and SB 10 that seek to override municipal and county control over land-use and development.

Adopting the attached Resolution would affirm the City’s support for the BrandHuang-Mendoza Tripartisan Land Use Initiative, and emphasize the City Council’s 92 January 25, 2022
Brand-Huang-Mendoza Tripartisan Land Use Initiative
belief that local government control over land use matters is the best way to assess and meet the needs of the community.

Fiscal Impact
There is no fiscal impact.

Recommendation
Staff recommends the City Council adopt a Resolution Expressing Support for the BrandHuang-Mendoza Tripartisan Land Use Initiative to Amend Article XI of the Constitution of the State of California to Make Zoning and Land Use Community Affairs, and Not of State Interest.

Attachments

1. Draft Resolution
93 Resolution No. XX-22 Page 1 of 5
RESOLUTION NO. XX-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY EXPRESSING SUPPORT FOR THE “BRAND-HUANG-MENDOZA TRI-PARTISAN LAND USE INITIATIVE”

TO AMEND ARTICLE XI OF THE CALIFORNIA CONSTITUTION TO MAKE ZONING AND

LAND USE ISSUES COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST WHEREAS, the Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one-size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State of California; and
WHEREAS, the majority of these bills do not provide any incentives or requirements for low-income affordable or moderate income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods; what housing plans and programs are suitable and practical for each community; and what zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances and needs of each individual community, is a matter of critical importance to the City of Oakley and many other municipalities focused on local zoning and housing issues; and WHEREAS, the City Council of the City of Oakley hereby determines that local government entities are best able to assess and respond to the unique needs of their respective communities and hereby objects to the proliferation of State legislation (including SB 9 and SB 10) that would deprive us of the ability of local control.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley does hereby support the initiative to amend the California Constitution and finds:

SECTION 1. That the City Council of the City of Oakley is opposed to the legislature of the State of California continually proposing and adopting legislation that overrides the zoning and land use authority of local government and inhibits the ability of local government to 94 Resolution No. XX-22 Page 2 of 5
effectively plan for and implement policies to stimulate the efficient production of affordable housing in the City of Oakley.

SECTION 2. That the City Council of the City of Oakley supports the Brand-Huang-Mendoza Tripartisan Land Use Initiative (Attached as Exhibit A) to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community.

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

AYES: Higgins, Fuller, Meadows, Pope, Williams
NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
________________
Randy Pope, Mayor
ATTEST:
___________________ _________________
Libby Vreonis, City Clerk Date
95 Resolution No. XX-22 Page 3 of 5
Exhibit A
SECTION 1. The people of the State of California find and declare all of the following:
(a) The circumstances and environmental impacts of local land use decisions vary greatly across the state from locality to locality.
(b) The infrastructure required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality. (c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the particular communities served by those local officials. (d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics, constraints, and needs of those communities are properly analyzed and addressed. (e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled.
(f) The State Legislature cannot properly assess the impacts upon each community of sweeping centralized and rigid state land use rules and zoning regulations that apply across the state without regard to community impacts and, as a result, statewide land use and zoning will do great harm to local communities with differing circumstances and concerns. (g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities.

Local initiatives approved by voters pertaining to land use and zoning restrictions should not be nullified or superseded by the actions of any local or state legislative body. (h) Numerous state laws that target communities for elimination of zoning standards have been enacted, and continue to be proposed, that eliminate or erode local control over local development and circumvent the California Environmental Quality Act (“CEQA”), creating the potential for harmful environmental impacts to occur.
(i) The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities in accordance with applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the California Fair Employment and Housing Act (Government Code §§ 12900 – 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering fair housing (Government Code § 8899.50). This constitutional amendment would continue to provide for state control in the coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity, or the development or construction of water, communication or transportation infrastructure projects which the Legislature declares are matters of statewide concern and are in the best interests of the state. For purposes of this measure, it is the intent that transportation infrastructure project shall not include a transit-oriented development project that is residential, commercial, or mixed-use.
96 Resolution No. XX-22 Page 4 of 5
SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read:

SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a county charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a county charter, that regulates the zoning, development or use of land within the boundaries of an unincorporated area of the county shall be deemed a county affair within the meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any county shall be overturned or otherwise nullified by any legislative body. (b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted and applicable to an unincorporated area within a county, may be determined only by a court of competent jurisdiction, in accordance with Section 4, to address either a matter of statewide concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state.

For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use. (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read:

SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, that establishes land use policies or regulates zoning or development standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any city shall be overturned or otherwise nullified by any legislative body. (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, may be determined only by a court of competent jurisdiction, in accordance with Section 5, to address either a matter of statewide concern or a municipal affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute.
97 Resolution No. XX-22 Page 5 of 5
(2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state.

SECTION 4. Section 7 of Article XI of the California Constitution is amended to read:

SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not that are not, except as provided in subdivision (b), in conflict with general laws. A county or city may not supersede or otherwise interfere with any voter approved local initiative pertaining to land use or zoning restrictions. (b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning, development or use of land within the boundaries of the county or city shall prevail over conflicting general laws, except for only the following:
(A) A coastal land use plan, ordinance or regulation that conflicts with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute.
(B) An ordinance or regulation that addresses the siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern.
(C) An ordinance or regulation that addresses the development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this subparagraph, a transportation infrastructure project does not include a transitoriented development project, whether residential, commercial, or mixed-use. (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this subdivision are severable. If any provision of this subdivision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 98 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Planning Manager
SUBJECT: Extension of Urgency Ordinance No. 12-21 Related to TwoResidential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021)
Summary
This is a City-initiated application requesting the City Council of the City of Oakley adopt an extension of 22 months and 15 days to an existing urgency ordinance (Ordinance No. 12-21, adopted December 14, 2021), which added Section 9.1.1133, TwoResidential Units and Urban Lot Splits, to Title 9 of the Oakley Municipal Code and amended Sections 9.1.202, 9.1.404, 9.1.1110, 9.1.1118, 9.1.1122, 9.1.1402, and

9.1.1604 for consistency therewith. The ordinance brings the City of Oakley into compliance with Senate Bill 9 (2021).

Staff Recommendation
Staff recommends the City Council adopt the extension to the urgency ordinance, as proposed.

Fiscal Impact
Approximately 1.5 hours of Staff time were spent creating the City Council packet for the extension ordinance. Projects complying with the ordinance are subject to applicable processing fees and/or building permit fees.

Background
On December 14, 2021, the City Council adopted Urgency Ordinance 12-21 (attached), which brought the City of Oakley into compliance with Senate Bill 9 (SB 9) by adding a new section to the Zoning Ordinance and amending seven others. In compliance with state law, the interim ordinance (also referred to as “urgency” ordinance herein) was set to expire 45 days after its adoption, or January 28, 2022, unless extended by the City Council at a regularly noticed public hearing, pursuant to California Government Code (“GC”) Section 65858. State law allows interim ordinances that were originally adopted after public notice pursuant to GC Section 65090 (requires publishing of the Notice of Public Hearing) to be extended for 22 months and 15 days if noticed in the same 99 Subject: Extension of Urgency Ordinance No. 12-21
Date: January 25, 2022

Page 2 of 2 ends

manner for the extension. This ordinance qualifies for the extension of 22 months and 15 days, or November 26, 2023.

The Staff Report from the original adoption is attached. It includes a “Background of SB 9,” which covers the general requirements of SB 9, additional requirements for urban lot splits, and amendments to the Subdivision Map Act. The Staff Report also includes a “Summary of Amendments,” which goes over all the text amendments to the Zoning Ordinance (Oakley Municipal Code Chapter 9.1).

Environmental Review
California Environmental Quality Act Compliance
The City Council finds and determines that, pursuant to Government Code Sections 65852.21 and 66411.7, this ordinance is not subject to the California Environmental Quality Act (“CEQA”), Division 13, commencing with Section 21000 of the Public Resources Code, because it is not a project as defined in Section 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

Potential Consequences for No Action
Failure to adopt standards for urban lot splits and two-unit residential developments may cause an increase in short-term rentals in single family residential zones, which is inconsistent with the Oakley Municipal Code and a violation of SB9, and may also lead to the disorderly, unregulated development of housing in single family residential districts, impacting the quality of life for neighboring property owners, as well as the broader community.

Analysis
The Planning Division will continue to work with the City Attorney’s Office in following guidance on SB 9 and consider ways to write an ordinance in a manner that complies with the state law while implementing Oakley’s General Plan and Zoning Ordinance to the maximum extent possible. This may result in an ordinance coming back to the City Council any time over the life of this extended interim ordinance.

Staff Recommendation
Staff recommends the City Council adopt the extension to the urgency ordinance, as proposed.

Attachments

1. Notice of Public Hearing

2. Ordinance No 12-21 Staff Report dated December 14, 2021

3. Ordinance 12-21

4. Proposed Ordinance
100
City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on January 25, 2022, at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering the item as described below:

Project Name: Extension of Urgency Ordinance No. 12-21 Related to Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021).

Project Location: Citywide in applicable zoning districts.

Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561.

Request: This is a public hearing to consider an extension of 22 months and 15 days to an existing urgency ordinance (Ordinance No. 12-21, adopted December 14, 2021), which added Section

9.1.1133, Two-Residential Units and Urban Lot Splits, to Title 9 of the Oakley Municipal Code and amended Sections 9.1.202, 9.1.404, 9.1.1110, 9.1.1118, 9.1.1122, 9.1.1402, and 9.1.1604 for consistency therewith. The ordinance brings the City of Oakley into compliance with Senate Bill 9 (2021).

How to Review: The Staff Report and its attachments will be available for public review, on or before January 20, 2022 online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the January 25, 2022 agenda and clicking the project title link. Interested persons are invited to submit written comments prior to 5:00 P.M. the day of the hearing to Ken Strelo, Planning Manager at [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 101

STAFF REPORT
Approved and Forwarded to the City Council
DATE: December 14, 2021
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Principal Planner
SUBJECT: Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021)
Summary
This is a City-initiated application requesting the City Council of the City of Oakley adopt an urgency ordinance adding Section 9.1.1133, Two-Residential Units and Urban Lot Splits, to Title 9 of the Oakley Municipal Code and amending Sections 9.1.202, 9.1.404,

9.1.1110, 9.1.1118, 9.1.1122, 9.1.1402, and 9.1.1604 for consistency therewith. The ordinance will serve to bring the City of Oakley into compliance with Senate Bill 9 (2021).

Staff Recommendation
Staff recommends the City Council adopt the urgency ordinance, as proposed.

Fiscal Impact
Minimal, approximately two hours of Staff time, were spent creating the City Council packet with assistance from the City Attorney in drafting the ordinance and general background information. Once the ordinance is implemented, it is expected projects resulting from its adoption would have a similar impact as private development projects currently have, which is their fiscal impact is covered by processing fees and/or building permits.

Background of SB 9
Senate Bill 9 (2021) (“SB 9”) added Sections 65852.21 and 66411.7 to the Government Code and amended Government Code Section 66452.6. The purpose of SB 9 is to promote small-scale neighborhood residential development by streamlining the process for a homeowner to create a duplex or subdivide an existing lot.

The effect of SB 9 is that property owners in single family residential zoning districts may now invoke a state-mandated application process to construct two residential units (“Two-Unit Residential Developments”) on a lot and/or to split a lot into two separate parcels (“Urban Lot Split”). These applications must be approved ministerially without 102
Subject: Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) Date: December 14, 2021

Page 2 of 5 ends

discretionary review or public hearing. An important feature of SB 9 is that an applicant does not have to use both processes.

The City intends to consider the adoption of permanent regulations within a reasonable time, and the adoption of this ordinance as an urgency ordinance is also necessary to allow the City time to study the potential land use, public services, parking, traffic, and infrastructure effects of SB 9 in single family residential districts.

General Requirements of SB 9
Regardless of which process an applicant uses (or if an applicant uses both), the applicant must meet building code standards, and the proposal must be sufficiently configured to enable a separate conveyance that meets the requirements of SB 9.

A property is eligible for an SB 9 application only if it is zoned for single-family residential use and is located within an urbanized area. A property is not eligible for an SB 9 application if it is in a historic district or if it is included on the State Historic Resources Inventory. Additionally, SB 9 provides a list of locations that are ineligible for an Urban Lot Split or Two-Unit Residential Development, including farmland, wetlands, high fire hazard severity zones, hazardous waste sites, earthquake fault zones, flood hazard areas, regulatory floodways, lands identified in conservation plans or as a habitat for a protected species, and lands subject to conservation easements.

As currently written, SB 9 prohibits the City from imposing owner-occupancy requirements on Urban Lot Splits, but it does not prohibit the City from imposing such requirements on Two-Unit Residential Developments. Furthermore, applications may be denied if the Building Official finds that the project would have a specific, adverse impact upon public health and safety or the physical environment, and that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The evidence standard and criteria for findings are set forth in Government Code Section 65589.5, but this is a difficult standard to meet.

SB 9 requires that newly created lots be limited to residential use, and it prohibits units from being used as short-term rentals. If a property is subject to both a Two-Unit Residential Development application and an Urban Lot Split application, the City may prohibit the subsequent construction of accessory dwelling units ("ADUs”) and junior accessory dwelling units (“JADUs”) on that property.

Additional Requirements for Urban Lot Splits
SB 9 only allows a lot to be split once, and it requires that newly created parcels to be at least 40% of the original lot and at least 1,200 square feet. Moreover, no property owner will be eligible for a lot split if the owner previously subdivided an adjacent parcel. Urban Lot Splits will have to conform to all other objective requirements of the Subdivision Map Act, and applicants will have to sign an affidavit stating that the applicant intends to 103
Subject: Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) Date: December 14, 2021

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occupy one of the housing units as his/her principal residence unless the applicant is a community land trust or nonprofit corporation.

The City may require that Urban Lot Splits provide utility easements and access to the public right-of-way, but the City cannot condition the issuance of the parcel map on the dedication of rights-of-way or the construction of offsite improvements.

Amendment to the Subdivision Map Act
SB 9 amends the Subdivision Map Act so that cities are authorized to pass ordinances that provide map extensions for up to 24 months rather than 12 months. It also extends the expiration for phased maps with constructed off-site improvements to 4 years rather than 3 years.

Summary of Amendments
The proposed zoning text amendments would add one section (9.1.1133) and modify language in seven other sections (9.1.202, 9.1.404, 9.1.1110, 9.1.1118, 9.1.1122,

9.1.1402, and 9.1.1604). Added Section 9.1.1133 would be titled “Two-Unit Residential Developments and Urban Lot Splits.” It will contain the bulk of the amendments and provide the purpose and intent, permitting procedures, and general requirements for building two-units on a residentially zoned property and/or conducting an urban lot split.

The other seven sections will amended as follows:
 Section 9.1.202 (Definitions Generally):
o Adds definitions for “Residential Use,” “Two-Unit Residential Development,” and “Urban Lot Split.”
 Section 9.1.404 (Single Family Residential Districts):
o Adds the use, “Two-Unit Residential Development and Urban Lot Splits, per Section 9.1.1133” as a permitted use.
o Adds clarifiers that lot requirements and yard requirements must allow lots sizes and setbacks as prescribed in Section 9.1.1133.
o Adds clarifier that objective standards apply to Two-Unit Residential Development and Urban Lot Splits” unless they result in physically precluding construction of two units, each of 800 square feet, on the resulting parcels.
 Section 9.1.1110 (Fences and Other Structures):
o Adds clarifier that objective standards apply to Two-Unit Residential Development and Urban Lot Splits” unless they result in physically precluding construction of two units, each of 800 square feet, on the resulting parcels.
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 Section 9.1.1118 (Lots):
o Adds “Urban Lot Splits” and references provision in 9.1.1133.  Section 9.1122 (Yards):
o Adds clarifier that objective standards apply to Two-Unit Residential Development and Urban Lot Splits” unless they result in physically precluding construction of two units, each of 800 square feet, on the resulting parcels.
 Section 9.1.402(i) (Number of Required Parking Spaces):
o Establishes a minimum of one required off-street parking space for each unit of a Two-Unit Residential Development, unless located within one-half mile walking distance of a high-quality transit corridor, as defined by PRC 21155, or a major transit stop, as defined in PRC 21064.3, or within one block of a car share vehicle.
 Section 9.1.1604 (Design Review):
o Adds clarifier that objective standards apply to Two-Unit Residential Development and Urban Lot Splits” unless they result in physically precluding construction of two units, each of 800 square feet, on the resulting parcels.

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Staff Recommendation
Staff recommends the City Council adopt the urgency ordinance, as proposed.

Attachments

1. Notice of Public Hearing

2. Proposed Ordinance
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Ord. No. XX-22 Page 1 of 3
ORDINANCE NO. XX-22

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY EXTENDING ORDINANCE NO. 12-21 RELATED TO TWO-RESIDENTIAL UNITS AND URBAN LOT SPLITS, TO TITLE 9 OF THE OAKLEY MUNICIPAL CODE AND AMENDING SECTIONS 9.1.202, 9.1.404, 9.1.1110, 9.1.1118, 9.1.1122, 9.1.1402,

9.1.1604 FOR CONSISTENCY THEREWITH.

WHEREAS, the City of Oakley, pursuant to its police power, may adopt regulations to protect the health, safety, and welfare of the public under California Constitution, Article XI, Section 7 and California Government Code Section 37100, and thereby is authorized to establish land use regulations that promote the safe and orderly development of housing in single family residential zones; and
WHEREAS, in exercising its inherent police power, the City may not enact or enforce laws or ordinances that conflict with the state’s general laws, either expressly or by legislative implication; and
WHEREAS, on September 16, 2021, the Governor of California signed Senate Bill 9 (“SB9”), which adds Sections 65852.21 and 66411.7 to the Government Code and amends Section 66452.6 thereto, requiring that the City ministerially approve urban lot splits and the construction of two residential units on each separate lot in single-family zoning districts; and
WHEREAS, SB9 became effective on January 1, 2022, and the Oakley Municipal Code currently does not provide a process for urban lot splits or the construction of two-unit residential developments on parcels zoned for single-family residential use; and WHEREAS, SB9 requires that the City prohibit the short-term rental of any unit created pursuant to SB9 and allows the City to prohibit accessory dwelling units and junior accessory dwelling units on parcels that use both the urban lot split and the two-unit residential development provisions; and
WHEREAS, failure to adopt standards for urban lot splits and two-unit residential developments may cause an increase in short-term rentals in single family residential zones, which is inconsistent with the Oakley Municipal Code and a violation of SB9, and may also lead to the disorderly, unregulated development of housing in single family residential districts, impacting the quality of life for neighboring property owners, as well as the broader community; and
WHEREAS, the adoption of this ordinance as an urgency ordinance is necessary protect public health and safety from the deleterious effects that disorderly development may have on the quality of life in single family residential districts, including upon aesthetics, and it is also necessary to ensure compliance with state law; and 118
Ord. No. XX-22 Page 2 of 3
WHEREAS, the City intends to consider the adoption of permanent regulations within a reasonable time, and the adoption of this ordinance as an urgency ordinance is also necessary to allow the City time to study the potential land use, public services, parking, traffic, and infrastructure effects of SB 9 in single family residential districts; and WHEREAS, on December 14, 2021, the City Council adopted Urgency Ordinance No. 12-21 bringing the City of Oakley into compliance with Senate Bill 9; and WHEREAS, public noticing for Ordinance No. 12-21 was conducted in compliance with Government Code Section 65090, and the ordinance was to expire January 28, 2022 (45 days after its adoption); and
WHEREAS, public noticing for this extension was conducted in compliance with Government Code Section 65090, allowing for a maximum extension period of 22 months and 15 days, which would resulting the urgency ordinance extension expiring on November 26, 2023; and
WHEREAS, this ordinance is an extension to an urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of Government Code Sections 65858 and 36937(b) and therefore shall be effective immediately upon its adoption and shall expire on November 26, 2023.

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

SECTION 1. The City Council hereby adopts all the foregoing Recitals.

SECTION 2. URGENCY. The City Council hereby finds and declares that this ordinance is adopted as an urgency measure pursuant to the authority granted the City of Oakley under Government Code Section 36934 and is for the immediate preservation of the public safety, health and welfare. The facts constituting urgency are: it is within the police powers of the City to provide for the consistent and orderly development of housing and effective January 1, 2022, California cities will be required to permit the development of two residential units on single family residential lots and the subdivision of parcels zoned for single family residential use, and the City does not currently have standards in the Oakley Municipal Code or Zoning Code consistent with state law. It is necessary to immediately adopt standards for two-unit residential developments and urban lot splits to avoid, not only a violation of state law, but the immediate threat to the public health, safety, and welfare if such development moved forward without the application of local objective standards to protect the health, safety, and welfare of single-family residential communities.

SECTION 3. SEVERABILITY. The City Council hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be 119
Ord. No. XX-22 Page 3 of 3
declared invalid. If any section, subdivision, paragraph, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION 4. CEQA. The City Council finds and determines that, pursuant to Government Code Sections 65852.21 and 66411.7, this ordinance is not subject to the California Environmental Quality Act (“CEQA”), Division 13, commencing with Section 21000 of the Public Resources Code, because it is not a project as defined in Section 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

SECTION 5. EFFECTIVE DATE AND PUBLICATION. In accordance with Section 36934 of the Government Code, this Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths vote of the City Council. This ordinance shall expire on November 26, 2023, pursuant to California Government Code Section 36937(b). The City Clerk shall cause this ordinance to be posted in at least three (3) public places in the City of Oakley in accordance with Section 36933 of the Government Code.

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____
Randy Pope, Mayor
ATTEST:
____ ___________
Libby Vreonis, City Clerk Date
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STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 25, 2022
TO: Mayor and City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Planning Commission Update
Background and Recommendation
The City Council held a Work Session on January 26, 2021 to discuss the possibility of establishing a separate Planning Commission. At that meeting Staff was directed to put together a community survey. On April 13, 2021 the City Council held another Work Session to discuss the results of the community engagement survey concerning the Planning Commission. At the end of that Work Session, the City Council directed Staff to prepare an Ordinance that would re-establish the Planning Commission as a separate body. At the July 13, 2021 City Council Meeting, the City Council adopted Ordinance No. 06-21, which amended and updated the Municipal Code regarding the Planning Commission.

Staff solicited applications during the period from August 13, 2021 to September 10, 2021. A total of 13 applications were received and 12 applicants where interviewed (one applicant did not attend the meeting) at the October 12, 2021 meeting. At that meeting the following applicants were appointed:

Diego Verduzco – 4-year term
Edward Cire – 4-year term
Oleksii Chuiko – 4-year term
Shannon Shaw – 2-year term
Leonard Price – 2-year term
Since that meeting, Staff has been working internally to get the processes set up and the plan was to hold the first Planning Commission meeting on January 18th.

On January 5, 2022, Edward Cire informed me that he could no longer be a Planning Commissioner as schedule change at his employer would make it impossible for him to attend the evening meetings. With that said, and with the Council’s focus on having a fully trained Planning Commission before they take any official action, Staff has paused the Planning Commission start date to gain further feedback from the City Council on how to proceed.
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Planning Commission Update
January 25, 2022

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For reference, the meeting minutes have been attached so the City Council has an accurate account of how the 5-member commission was originally appointed.

Staff presents three options to the City Council for consideration. There may be other options discussed at the meeting. The three options Staff is presenting are as follows:
 Re-Interview the 7 applicants who originally interviewed but were not selected.
 Appoint the applicant who was ranked 6th.
 Solicit new applications (for a limited time) to fill the vacant seat.

Recommendation
Staff recommends the City Council provide direction to Staff on how to proceed with the vacant Planning Commission seat.

Attachments

1. October 12, 2021 City Council Meeting Minutes
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STAFF REPORT
DATE: January 25, 2022
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: American Rescue Plan Act (ARPA) Update
Background and Analysis
The purpose of this report is to provide an update on our progress with our consultants regarding potential uses of our ARPA funding and to receive general direction from the City Council as to how you would like staff and the consultants to proceed. At the November 9, 2021 City Council meeting, HdL Companies’ Senior Advisor, Sandra Meyer, gave an overview of the agenda staff report, providing information regarding the amount of ARPA funds Oakley has and will receive, eligibility requirements for using ARPA funds, results of the Business Needs Survey and recommended funding allocations of ARPA funds. After discussion the City Council directed staff to:
 Prepare a Community Needs Survey
 Bring back more information on an E-Gift Card program  Move forward with an ERP system for the City (release a “Request for Proposals” and bring back the proposals for review and approval by the City Council)  Expand the Downtown Facade Improvement Project citywide  Investigate a feasibility study for City-wide Broadband  Explore non-profits or community partners for Child Care Final Rule for the State & Local Fiscal Recovery Funds (SLFRF) The U.S. Department of Treasury adopted a Final Rule for the Coronavirus State & Local Fiscal Recovery Funds (SLFRF) with ARPA funding guidelines on January 6th, 2022. The Final Rule responds to comments received on the Interim Rule that was issued last summer. While HdL is still carefully reviewing and evaluating the 437-page Final Rule, it does have some initial overall comments.

The Final Rule appears to provide some clarity and allow for greater flexibility on how the ARPA funds may be used. Additionally, the Final Rule has greatly simplified the program for small cities to deal with revenue loss by including an option to elect a standard allowance of up to $10 million, not to exceed their total ARPA allowance for revenue loss rather than calculating revenue loss through the full formula under the Interim Rule. This is great news for Oakley (who was not able to demonstrate any revenue loss through the 138
ARPA formula), because the first $10 million of the City’s $10,177,000 ARPA allocation can now be used to provide government services and is not subject to all of the expenditure restrictions that were listed in the Interim Final Rule. “Government services” includes such things as street maintenance and other capital projects. Therefore, under the Final Rule, the City could utilize some of its ARPA funds to further improve streets and sidewalks, as mentioned in the Community Survey. It could also use ARPA funds for other capital projects, other than the Water, Sewer and Broadband projects to which ARPA funds were restricted in the Interim Final Rule. Staff’s recommendations in this report for changes to the preliminary plan for use of the first tranche of ARPA funding do not include such uses, as further discussion is needed to present and consider such options. If the City Council so directs staff, we could consider including such projects in future budgets, with the use of funding from the second $5 million tranche of ARPA funding, which the City has not yet received.

Additionally, the Final Rule expands and somewhat clarifies eligible ARPA uses to deal with economic impacts from the Pandemic, especially assistance to small businesses.

The Final Rule will also allow local governments to restore and/or bolster local government employment up to 7.5% above a recipient’s pre-pandemic workforce baseline. Additionally, the Final Rule expands eligible areas for broadband infrastructure investment, as well as broadening the types of water and sewer projects to be funded through ARPA.

The new Final Rule does not go into effect until April 1, 2022. However, according to a statement issued on the Final Rule by the U.S. Treasury, prior to April 1, city recipients MAY take actions and use funds in a manner consistent with the Final Rule. HdL will continue to thoroughly review and carefully evaluate the Final Rule and provide the City updates on how it may impact the City of Oakley’s existing and future ARPA planning.

Community Survey
The Community Survey was launched on December 15, 2021 and closed on January 16, 2022. Links to the Survey (via Survey Monkey) were posted on the City’s Social Media outlets and in the City Newsletter and were published in both English and Spanish. 488 responses were received from the Community Survey. Details of the survey responses are included as Attachment 1. In summary:
 A majority of the respondents live in Oakley (98.98% or 483. Six responders skipped this question.)
 77.91% of the respondents would participate in a Community E-Gift Card Program designed to promote Oakley businesses and encourage shopping, dining, and services in Oakley. 22.09% would not. (Five responders skipped this question.)  87.14% would like to see the temporary outdoor dining areas/spaces enhanced with more permanent and aesthetic structures. 12.86% would not. (Four responders skipped this question.)
 491 survey responders ranked their preference for eight eligible ARPA fund uses to be implemented in the City of Oakley (4 responders skipped this question). The results are listed in descending order of weighted average:
o Support the recovery of local businesses
o Further improve streets and sidewalks, if approved by pending legislation 139
o Improve public infrastructure (stormwater and access to broadband internet) o Ensure the City has the resources to continue to provide high quality services o Provide financial support to non-profit organizations in the community that help residents who need housing, food, healthcare, childcare, rent, or utility help o Provide support directly to households that have been financially impacted by COVID-19
o Provide one-time premium pay to Police Officers and/or other essential workers o Upgrade the City’s technology with software to enhance remote use capabilities E-Gift Card Program
Many cities in California are using ARPA funds to help assist with implementing Community Digital Gift Card programs as a cost-effective way to both stimulate the local economy, assist small businesses in recovery and provide some additional savings to residents to shop locally. Community digital gift card programs allow residents to purchase gift cards that are only accepted at participating businesses. This is a great way to support small businesses and promote ‘Shop Local’. Typically, community digital gift card programs have a resident buy a gift card valued at $50 with the initial investment from the resident being $25 and then they receive a ‘purchase bonus’ amount of another $25 that is paid by the city through ARPA funding. In other words, it is ‘buy one and get one free’ for residents.

There are primarily three community digital gift card platforms being used by cities including Factor4, Giverrang and Yiftee, with Yiftee being the most popular and also offering the best customer service rating. Yiftee, based in Menlo Park in the Silicon Valley, is currently doing community digital gift card programs in many Bay Area and Northern California cities including Alameda, Benicia, Berkley, Brentwood, Cupertino, El Cerrito, Fremont, Hayward, Livermore, Martinez, Merced, Nevada City, Newark, Pleasanton, Sacramento, San Leandro, Selma and South Lake Tahoe. Additionally, the City of Pinole approved a program with Yiftee on December 21, 2021 and is looking to implement it in late January 2022. Lafayette’s City Council has also approved moving forward with a Yiftee gift card program in February 2022. A number of the cities (Benicia, Brentwood, Cupertino, Fremont, and Sacramento) initially funded their community digital gift card programs from the CARES Act and because they have been so successful, have followed up with more ARPA funding for additional rounds. Of the cities highlighted above, HdL provides ARPA support to San Leandro, Pinole and Lafayette.

Both the Business Needs Survey and the recently completed Community Survey show strong support for the use of a gift card program for Oakley. In fact, 78% of respondents from the Community Survey said they would participate in a community gift card program for local Oakley businesses.

The following is an outline of the steps required to establish a community digital gift card program.
 City staff brands the program and sets it up with selected platform/vendor  City staff invites local businesses to participate at no cost and encourages merchants to join
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 City staff markets and sells card to community members  City provides financial incentives during limited period of time (i.e. pays for the purchase bonus and delivery fees)
 Community members purchase digital cards on web portal – direct link from City webpage
 Community members able to use digital cards at participating merchants (either with a digital code or print out of gift card)
 Result: Community investment in local economy that has ripple effects Staff recommends that the City Council approve a Pilot Program, utilizing $65,000 in ARPA monies that would include:
 Funding the $1 + 5% delivery fee (purchaser fee) and the $1/bonus gift fee  A bonus gift card to incentivize use of the program and provide a benefit to all community members
 Branding costs associated with development of the “shop local Oakley” campaign  Marketing costs for advertisement and promotion of the program and related pointof-sale signage and posters for participating businesses Broadband Internet
At the November 9, 2021 City Council meeting, several of the Council Members expressed support for a Broadband feasibility study/Fiber Master Plan. Staff discussed the possibility of combining efforts with Antioch but they went ahead with their own RFP late last year and are now reviewing three proposals. If the Council still wishes to move forward, it can direct staff to use some of the ARPA funds for this effort.

Use of Fiscal Recovery Funds by the City of Oakley
It is important to remember that the ARPA funds do not need to be allocated until December 31, 2024 and the funds don’t need to be spent until December 31, 2026.

With the recently adopted Final Rule which will go into effect on April 1, 2022, there will be more flexibility in how ARPA funds can be spent (based on taking a standard deduction of revenue loss rather than using the Department of the Treasury’s calculation method). The City Council reviewed and provided comments on a preliminary funding plan presented at the November 9, 2021 City Council meeting.

That preliminary plan was based on the current ARPA rules, results of the Business Needs Survey, other options presented by the community, and consultation with HdL. The results of the Community Survey as well as comments received from the City Council at its November 9, 2021 are new factors to consider. Consequently, staff is recommending some changes to the preliminary plan for use of the first tranche of ARPA funding of $5,088,595 which are listed below:
 TECHNOLOGY ENHANCEMENTS: including a new Enterprise Resource Planning (ERP) system, new City web site & other possible software enhancements ($3,300,000)
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 BROADBAND FEASIBILITY STUDY/FIBER MASTER PLAN: ($50,000)  CITY EMPLOYEE COVID-19 COSTS: including COVID-19 testing and COVID-19 sick leave ($250,000)
 SOCIAL SERVICE NEEDS IN THE COMMUNITY: including the Food Bank of Contra Costa County, Meals on Wheels, Coco Kids Contra Costa County Child Care Resources and maybe other non-profits ($180,000)  BUSINESS SUPPORT: Small Business Relief Grants ($235,000), Outdoor Dining and Business Façade improvements’ grants ($700,000) and E-Gift card pilot program to promote ‘shop local’ ($65,000)
 ARPA CONSULTING SUPPORT: ($50,000)
TOTAL PROPOSED COSTS=$4,830,000
The remaining balance of the first tranche of $5,088,595 in ARPA funds = $258,595 (which is roughly 5% of the first tranche).

Fiscal Impact
There is no fiscal impact of this agenda item, at this point. The City of Oakley Fiscal Year 2021/2022 Budget already includes an ARPA Fund budget, and future amendments to that budget will be presented to the City Council for consideration of approval, based on direction that will be provided by the City Council to staff during this meeting and future meetings.

Staff Recommendation
Staff recommends that City Council discuss the results of the Community Survey, direct staff to move forward with a pilot E-Gift Card program, expansion of the Downtown Facade Improvement and Outdoor Dining Project citywide and a Broadband Feasibility Study/Master Plan. After receiving City Council direction, staff will firm up the funding requests and options presented. Additionally, HdL and staff will continue to monitor the possible legislative changes being pursued for ARPA as well as the Final Rule and the impact that such changes may have on funding a broader range of infrastructure projects (i.e. streets and sidewalk improvements) for the City of Oakley.

Attachments

1. Community Survey
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ARPA Community Survey
Are you a resident of Oakley, California?
Answer Choices
Yes 99.00% 496
No 1.00% 5
Answered 501
Skipped 6
Responses
Yes No

0.00%

20.00%

40.00%

60.00%

80.00%
100.00%
120.00%
Are you a resident of Oakley, California?
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ARPA Community Survey
Total
Score
(Point of Scale)
Ensure the City has the resources to continue to provide high quality services 133 91 65 59 54 43 33 17 495 5.68 Further improve streets and sidewalks, if approved by pending legislation 100 71 83 60 61 55 54 13 497 5.28 Improve public infrastructure (stormwater and access to broadband internet) 32 84 114 87 73 56 31 16 493 5.07 Provide financial support to non-profit organizations in the community that help residents who need ho 75 77 49 68 57 65 64 33 488 4.83 Provide support directly to households that have been financially impacted by COVID-19 61 59 85 76 54 54 46 59 494 4.7 Provide one-time premium pay to Police Officers and/or other essential workers 48 61 39 48 72 59 87 76 490 4.08 Support the recovery of local businesses 37 38 47 54 67 77 59 113 492 3.75 Upgrade the City’s technology with software to enhance remote use capabilities 13 21 15 41 50 76 111 163 490 2.77 Answered 504
Skipped 3
Which of the following eligible ARPA fund uses would you most like to see implemented in the City of Oakley? Please rank the list below with 1 being the most important and 8 being the least preferred. 1 2 3 4 5 6 7 8

5.68 5.28

5.07 4.83 4.7

4.08 3.75

2.77 0
1 2
3 4
5 6
Which of the following eligible ARPA fund uses would you most like to see implemented in the City of Oakley?
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ARPA Community Survey
Answered 297
Skipped 210
Common Themes
Improve Streets 108
Support Local Businesses including Downtown 96
Households or Community Service Programs 49
Police (incld. Public Safety) 34
Homelessness 25
Schools, Childcare and After-School Programs 25
Broadband 18
Library 7
Other 45
Keeping in mind the four broad categories and the eight options for which the City of Oakley can use ARPA funds (listed above), what specific uses would you recommend for Oakley’s ARPA 108
96 49
45 34
25 25
18 7
0 20 40 60 80 100 120
Improve Streets
Support Local Businesses including Downtown
Households or Community Service Programs
Other
Police (incld. Public Safety)
Schools, Childcare and After-School Programs
Homelessness
Broadband
Library
Field1
What specific uses would you recommend for Oakley’s ARPA funds? Common Themes
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Q.3 Comments
Keeping in mind the four broad categories and the eight options for which the City of Oakley can use ARPA funds (listed above), what specific uses would you recommend for Oakley’s ARPA funds?
1 Clean up the immediate graffiti around the city and use a product to prevent graffiti to be tagged on neighborhood walls, city properties, etc this makes Oakley look run down and like a low income bracket city. Please keep the pride of our city transparent so we can attract good working families to our city. Keep our city safe and clean 2 Oakley (and most everywhere else) is struggling to return to normal. Improve downtown and main streets so Oakley is welcoming, attractive and brings in more businesses. The metal monstrosities and used car lot need updating... or demolition! Please...Murals, landscaping, a library! 3 Widening the streets, promoting new businesses (non gas station or car wash) 4 Support directly to households that have been financially impacted by Covid 19 5 Any city's first priority should be to see to the safety & care of its citizens, so housing, food, and healthcare for those in need should absolutely come first. Secondly, premium pay for medical professionals, grocery store/restaurant/delivery workers, & other workers hailed as 'essential' at the beginning of the pandemic. 6 Improve our streets by implementing traffic calming measures which affect the SAFETY of our children and citizens. 7 Lower the fucking idiotic property taxes. Actually I don't care what you do. After 62 years, we're leaving this shit hole state. 8 Provide recycled water connections to all city owned landscape. 9 Infrastructure improvements
10 I can’t stand these options. Basically you don’t even explain what it means to have high quality services? And you are stating that everyone’s getting a paid bonus? WTH? And expanding work at home ? This is what you are paying for? Unreal. Spend money on new stores and new activities make Oakley a real city for heck’s sakes 11 Financial aid directly to citizens. Since we have next to no business’ money is best spent direct to citizens 12 Healthcare support for households that have been financially impacted 13 Neighborhoods should have locking mailboxes. Mail was stolen on Big Break road and deposited in a mailbox on Freemark Ct on 1/11/2022. Why can’t the city work with the USPS to find a solution?
14 We need to support our small local businesses. I se more and more vacant buildings, specially in downtown. 15 Install electric car chargers
16 EXTEBD public transportation through Amtrak or ebart to Oakley - which has been in the works for years but we have yet to see that come to fruition. 17 Stoplight at cypress and knightsen ave
18 Free Internet for all Oakley citizens !
19 Enhance downtown.
20 Work with East Contra Costa Fire to ensure they can respond quickly in the City of Oakley. If this entails making sure there is Fire Apparatus exiting signs on both sides of the fire stations, roadway markings (like paint/markings), signaling devices which can flash when the apparatus are exiting the stations, making sure the the preemptive traffic signal lights are working, when the fire engines are approaching the intersections, with emergency lights on, etc. We need to do a better job working with our special districts. This will help improve emergency vehicle response times. (This is in reference to the station on Ohara and the station that is about to open in Summer Lakes on Cypress. Thank you.
21 Storm water Infrastructure and expand broadband access 22 Just fix our streets and lay off on code enforcement. It’s ridiculous that we can’t suddenly park in our second driveways in a river community, like we have been for YEARS without issue.
23 Traffic issues and road conditions. Quit giving my tax dollars to the homeless pigs. The only money I want spent on homeless is to get them out of town. They suck the resourses out of a community.
24 Giving back to those essential workers that continued to work and sacrifice their own health, their families health, throughout this pandemic. This does not include those working from home
25 Police keeping our city on the right track
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Q.3 Comments
26 Help with mortgage
27 I would put it to vote on top3 overall choice. Oakley citizens want a voice not told what to do 28 Citywide internet access
29 Mobility upgrades, start with a sidewalk West of Vintage Parkway 30 Further improve streets, extend lane expansion all the way down Cypress. 31 Open up fire stations again, help businesses recover, do away with the vax card BS and the masks. Oakley need to grow a pair! It is not effective! 32 Widen East cypress pass the new houses out to bethel Island and provide sidewalks for kids to safely get to and from schools and they soon to be new shopping center 33 Homelessness
34 Offer incentives to start business' and upgrade existing business' in ways that will allow them to operate under future health emergencies. 35 Skate park/ bike park for all of the youth in the area. 36 More personalized support to local businesses and families in need during times of crisis. One time gifts of mortgage/rent/utility payments for example. 37 People mover
38 Improving public infrastructure and broadband internet. 39 Help homeless, help those on any assistance (disability, unemployment financial help, prices are going up and taxes, those in low fixed income will end up homeless. On SSA Disability I get$950 monthly. It was tough before covid, worse now and getting worse everyday. 40 Roads, police, support local businesses. STOP BUILDING MORE HOMES. We can't even support what we have now. 41 Consider allocating funds to target 'firework days' with extra manpower to make a meaningful impact on those that continue to defy the laws. Also consider allocating funds to remedy homeless impact as it occurs instead of waiting until eyesores, troubled individuals, and negatives become difficult to manage. Funds could be in the form of social out reach to adequately relocate those individuals. Perhaps work programs to provide these folks with income to help pull themselves up (only for those that work towards and remain off of drugs and alcohol). 42 I would specifically use the funds for keeping fire houses open, police officers training and recruitment, along with increasing services to get the homeless and drug users off of the streets while providing job opportunities.
43 Infrastructure is the most important. I don't support handing out free money to residents just because of Covid. Bringing new business and supporting the existing businesses is important.
44 Help people and families who have are severely financially impacted by the pandemic (financial assistance to help with rent, utilities, animal care, etc). 45 Revitalizing the downtown. Help bring in new stores/restaurants in order to help with the economic development. 46 Provide premium pay for essential workers.
47 Enhance residents' lifestyle providing varieties such as shopping center, library, and healthcare (hospital)... none in this area. 48 Help Small business
49 Hire more police officers and fire fighters.
50 BUILD A NEW HIGH SCHOOL. There are kids living in Oakley who are forced to go to Antioch schools. 51 Drive revenue to the city by focusing on infrastructure and local businesses (downtown needs a makeover with proper roads and sidewalks) 52 Improvement of streets and sidewalks
53 RAD card
54 Local business
55 Improve existing roads and sidewalks
56 Prioritize ensuring adequate access to resources for those that need them by ramping up virtual access to city hall and community center, outreach to vulnerable people instead of sending money directly to households. Increase availability to childcare and afterschool programs. 57 Main Street improvements between rose Avenue and empire 58 Pay your police officers hazard pay-they are on the front line, exposed to danger and Covid daily 147
Q.3 Comments
59 All those caterhories suck , people want oakley to have more parks , better downtown widen main street , find a way to bring more businesses to oakley so we don't have to go to brentwood to shop . A new grocery store ,doctors building ,literally anything other than useless ass storage and more gas stations. Who did /does the planning for brentwood ? Maybe oakley should just hire them they fo a way better job and giving the residents what they want and providing a better town 60 Community service programs
61 We need to invest back into the community, our police department is a joke and wish they could train with Brentwood PD. 62 Recovery of local businesses
63 Improv streets.
64 We are over crowded with all the new homes going up. Make our streets wider with more lanes and more roads to handle all the residential traffic 65 Provide each family/individuals residing in Oakley with a one time lump sum voucher payment specifically to be used to purchase and supply their households with emergency supplies for puic health, earthquake, fire, and weather emergencies 66 Control speeding vehicles on Laurel and stop right light runners. 67 Helping people that have been impacted by Covid-19
68 Fixing particular issues within the road ways and systems in place. 69 The money should go towards helping the people of our community who have been negatively impacted financially from the pandemic. Also, it should go to helping the homeless population with food, shelter, mental health services, and whatever else they may need. 70 Please help local small businesses
71 Streets and sideways I'm tired of seeing kids walk next road of zooming cars. This is crazy protect the kids of Oakley. We pay sht ton of taxes that I don't see working me us.
72 Add more sidewalks on major roads on Empire, O’Hara, and Laurel that connect to walking paths or bike paths throughout the city. 73 Improve E Cypress Road to Summer Lake.
74 The businesses need help
75 The biggest problem our city faces is traffic. Poor street planning and landscaping over functional flow are a hazard in emergency situations. The downtown area in front of Skippolini’s is the perfect example. The parking spots in front should have never been put there. Instead a turning lane would ease the flow of traffic and reduce jams.

That is just one example.
76 Enhance Oakley downtown and make is visible on the map. Make it attractive for investment by large companies such ad Amazon, Google Facebook etc 77 Help childcare centers recover from being forced to shut down. 78 Capacity building for established businesses to supplement staff, safety or improvements for hybrid services. Subsidies for families who demonstrate loss of income to fund unmet needs.
79 Help the homeless and there drug problems
80 Widen Laurel Rd between O’Hara and Rose. Add sidewalks on the new Carpenter/Simoni Ranch connection so kids walking there to the 3 schools within a mile of that street can be safe on the sidewalk instead of walking on the road. 81 Street and sidewalk, local business, broadband, help residents in need 82 Making sure our residents are getting enough food and creating programs to support them. 83 Streets in neighborhoods 40 years old are terrible & PG&E is making it worse by only patching holes instead of repaying. Never been repaved in 40 years. Awful. 84 I think it would be great to help the community maybe help w more low income housing , police and wages . 85 Helping small businesses in the community, including those that have been in the community for ten plus years. 86 Increase full-time Police Department employees, both sworn and non-sworn, to meet the ever growing population. The Department is understaffed. 87 Roads, sidewalks, medians, make sure all street signs are in good shape and visible at night, clean park bathrooms more regularly, 148
Q.3 Comments
88 Can we provide free rain barrels or ibcs totes to households who want them for rainwate harvesting? Also, can we allocate some more land for urban community gardening please? Bike lanes please also? Crosswalk to connect the trail better the one near Chevron and the train tracks. I see cyclists/walkers too jaywalk all the time, not sure why they dont use the underpass (I havent used it myself) I feel it is dangerous for them to be jaywalking there. May we plant more fruit trees please in all spaces? Then use aome funds for possible cleanup if fruits are not all harvested. Or, organize community harvest dates. Bring the entire community to pick as many free food as they want. Or, hire some pickers and donate the food to food banks. Win win. 89 Widen and improve access from cypress( summer lake) to Main Street ( widen cypress from summer lake going toward knoghtsen 90 Fix roads..
91 Help local households hit with covid, ensure they have the resources to remain afloat 92 I don't know
93 Fixing Main Street, having small shops, more restaurants, and a place to shop for home decor, gifts and other things that make people,travel to other cities to shop. 94 Finding to non-profits for support to clients for direct Covid and recovery related support; direct aid/funds to residents affected by the pandemic, increased community broadband, financial support/incentives to essential medical personnel, funding for mental health services. 95 Recreation for our children
96 Direct Investments that not only support the recovery of new businesses but further empower the city's General plan and development vision for downtown and local Commerce.
97 Have more police officer so we don’t end up like Antioch 98 City resources (Police & Fire)
99 Funds for businesses impacted by covid and families. Resources for schools. 100 Pickleball courts.
101 With so many people moving in we need better roads and planning to keep up 102 Sidewalks/streets.
103 Provide programs and businesses that encourage connection. There is nothing that draws families to do activities in Oakley. I don’t mean the rec classes. I mean businesses that provide growth in arts, sports, etc.
104 Build a city fiber infrastructure that companies like AT&T, Xfinity, Sonic, etc. can lease so residents can be offered lower priced fiber Internet plans and be profitable for the city.
105 Paving the roads and helping community
106 Support for people struggling to stay afloat.
107 Affordable/free after school programs for kids (sports, STEM, scouting, volunteer opportunities, tutoring, mentoring). Kids need options outside of social media to connect with friends, local businesses & organizations. Also... Programs to entice useful/quality businesses to Oakley. No more fast food, storage facilities and the like.

Ex. Healthy food markets (Trader Joes, Whole Foods, Sprouts), quality dining (single location restaurants and chains), a Hallmark store (teehee) and maybe a bocce ball/pickle ball spot.
108 Fix our roads
109 Revitalizing downtown to encourage commerce. Support our police officers to keep our crime from turning into Antioch. We need businesses that enhances our city attract quality people. We also need to protect our current businesses from crime or homelessness loitering. No more dollar stores or ghetto type businesses that only attract financially struggling or poor minded people. Let’s do better and not intimidate good people from coming to our town. 110 Well our schools suck so they need a ton of help, firefighters in the areas we need, police support, reinforced levees for sea level rise, storm drains. Small business support especially whatever our farmers need.
111 Pay and retain current police staff. Help the true small businesses that have been impacted and get them back to proper staffing. Help the streets that have been impacted and forgotten about to be replaced and smooth again. 149
Q.3 Comments
112 A new library
113 Give funds to households
114 Widen Cypress and/or Delta to Bethal Island Road
115 Widen east cypress road to bethel island road and connect cypress to delta road Support local businesses 116 Improve local roads - i.e. Delta Road and Sellers Avenue, give grants to small, local businesses to enable them to stay in business. 117 improve the streets and expand/increase roads on East Cypress, down towards Summerlake where they are continually building more and more homes. 118 fixing and enhancing roads and sidewalks to make them safer for pedestrians and bicyclists. also installing more speed bumps in neighborhoods that need them (like Gamay Circle).
119 Help the people first. Upgrades and extras/ pay increase last. 120 Hire firefighters or build new firehouse; ensure Oakleys underprivileged have food & other resources; beef up broadband in area. If there was any way to make a new library happen, the city sorely needs it.
121 The streets desperately need improvement. They need to be repaved and widened to more than one lane in each direction. We need a viable escape route from Summer Lake, so more roads with access out are needed. We also need an actual grocery store (example, Safeway) and other businesses (that aren’t storage units and car washes) in the area around Emerson Ranch, Delaney Park, and Summer Lake. More/better schools, especially middle and high schools, are also needed. Overall, we pay insanely high taxes and Brentwood looks a lot nicer, has more parks & shopping centers, better schools, and better roads. There is no reason Oakley isn’t on par or at least similar. 122 Invest in small businesses and bringing more recreational activities to the community. With all the developments being built in Oakley, residence need things to do with their families. Our infrastructure also need to be improved through storm water and other drought prevention measures. Crime prevention is also essential. We’ve seen the amount of crime increase and community members are concerned. Crime deterrence, crime prevention and officer engagement with the community is critical. We need more police officers patrolling.
123 Better egress for residents at the end of cypress in an emergency, and keep streets and sidewalks out of disrepair. 124 Premium pay for essential workers
125 Improving the city downtown core. Create spaces for small businesses and invest in our community outside of more gas stations or storage centers. 126 Improve Schools K-12 and street widening
127 Help for the homeless as its starting to look like San Francisco 128 With all the new communities being built. Oakley definitely needs to improve on bigger roads and sidewalks for the growing community. My children walk on the side of the street to Orchard Park Elementry, their is no sidewalk for my kids. 129 Place emphasis on all if the worn down walls that are degrading the value of the neighborhoods once the city is well maintained and manicured it will attract good families and will display pride in our city. This is critical to the growth of the city if you don’t have employed hard working good families and singles who want to live in your city and spend money and time in your city there’s no use in putting in effort for other things. If it continues to show signs of rotten old fences the neighbors will not have pride to take care of their cities. It’s important to invest in the maintenance and grooming of your city. Brentwood invests and gets a great return on investment. The appeal and beautiful lined walls of tall hedges hides and helps hide and discourage graffiti how can you tag a wall if you can’t get to it? Please consider this a great RIO for the ARPA Thank you
130 Help improve Cypress all the way down to bethel island and Summer Lake 131 Help small businesses and families who need financial help 132 The local businesses have been the hardest hit. They had not recovered from the road construction issues (Main St), and then hit with Covid. I don’t know the answer.

Input from the business might bring solutions. A few businesses actually did better so proof of hardship, ie financial statements should be required. 133 Supporting our law enforcement any way needed
134 Helping the essential workers and families with money to help pay bills and not have to pay them back when loss of work due to covid. 135 Help citizens and to provide affordable housing Homeless help. Help our local businesses. Take care of essential workers. 136 provide support to the community specially those who have been affected the most and also improve internet, there's barely any options on my area 150
Q.3 Comments
137 I'm incredibly disappointed to see that a library is not part of the raking list. It is time for the City of Oakey to truly invest in the community and build a library! Look at Brentwood. Oakley residents are visiting the Brentwood Library and spending money in Brentwood's Downtown. 138 Small businesses was greatly impacted by the pandemic. Majority of the money should go to support our local business. Customer is the food for local businesses. One of the best way to support both is to issue local community vouchers to Oakley residents and let them use in local businesses. 139 Provide subsidies to local businesses
140 Helping homeowners and renters/landlords that have been affected by Covid financial loss 141 We need to focus on bring more retail and small businesses to the downtown area. Stop building houses and build more commercial space downtown. Our downtown is severely lacking and we pay high taxes without the benefits of a robust city full of retail shops and businesses. No more gas stations! We need a supermarket and retail shops on east cypress for the new homes.
142 To fix the sidewalks and streets
143 Help with local businesses & homeless
144 Any area that concerns the safety of the citizens - Police and essential workers - and help to the small businesses. 145 We have no access to rapid covid tests! Why are we even asking this question. Provide support for covid! 146 Non profit to assist those in need and families truly financially impacted by Covid should receive assistance.maybe then people can afford to spend to support local businesses.
147 More community involved events / festivals / experiences. 148 Infrastructure, 501c3, households impacted by covid 149 Oakley needs homeless services. Especially with the train and park and ride areas. There are more and more visible signs of drug use by transients along the sidewalks and in front of businesses. Businesses have suffered theft continuously, and frankly citizens have grown tired of dealing with homeless folks asking for handouts un front of the two grocery stores we have. There is concern for the elderly population expected to move in just best door to that same shopping center. What will be done to ensure that this demographic has access to proper Medical care, transportation, and home health? Nonprofit investment is the way to go, to cover many of these socio and economical challenges.
150 Build a large sporting complex with hotels and businesses around it to drive revenue into the city. People travel and stay all over Central California from Stockton to Bakersfield and we have a much better setting to offer. It needs to have multiple (10+) baseball/softball fields with a separate section for soccer fields. Eventually, a basketball gymnasium would also be a great addition. (See Ripon, CA as an example) 151 Prevent evictions, fund preschools for all, help small businesses 152 Continue to get the police department better equipment, hire more officers. 153 We really need to do something for the homeless population especially because it keeps growing and these people have no where to go. Another thing I would like to see is our streets greatly improving. I’m so tired of driving over pot holes and uneven streets. Anyway we can also fix the light cycles? I feel like they were changed for construction and then never adjusted back.
154 Insuring emergency personnel is well funded to purchase new equipment and maintain a level of superior community service by equipping them with equipment and a salary they need
155 Help families and businesses affected by covid
156 Support for Housing, especially homeless is clearly needed. Its frustrating to see so many people in Oakley sleeping on the streets. Systems to help them get back on their feet should be prioritized.
157 Help non-profits that provide valuable resources to our community. 158 Taking care of the homeless.
159 Lower taxes get rid of homeless and rampant burglerys. 160 Funds should go to help the citizens of Oakley that were impacted financially. Also funds should be given to healthcare workers, first responders and schools. 161 Help households of Oakley and small business
162 Reinvest in the city and put that money into use renovating downtown. That way Oakley can bring in it's own revolving revenue. 151
Q.3 Comments
163 Help Small local businesses so that they can stay open. Help with higher pay to get people to actually work in town. 164 Repave streets and put sidewalks on live oak and surrounding neighborhoods and put some street light in the neighborhoods. We don’t need Antioch resident to shop in Oakley border grocery stores or going to our local schools. They build 20 low income apartment complex on the border of Oakley that can impact our school and grocery stores. Antioch should build their own school and market on the border of Antioch and Oakley!! Those Antioch resident are not paying what we pay in property taxes! 165 Build another High School Oakley needs it. Freedom high school is getting too overwhelmed. 166 Free at home and in person COVID tests, housing for homeless in the area, financial assistance for those who are at risk of being homeless 167 improved infrastructure! Especially Sellars, E. Cypress Road....!! PUT CCTV IN EVERY CORNER! 168 Put it into small businesses. But make it a requirement that the business has to use it toward the business. Too many businesses owners getting new cars and home upgrades with the money given to them to help with keeping people employed 169 Fix this town. Too many people not enough roads. AND STOP DOING CONSTRUCTION on every road at the same time. It's ridiculous trying to drive in this town. We don't need big business in this town.
170 Improve city streets and sidewalks. Remove homeless encampments. 171 If it were me making the decisions, I would give all homeowners a tax break for the upcoming property taxes. Additionally renters would also get a one time city tax credit.
172 I would like to see the city help nonprofits and our local businesses. Also, how about Covid kit tests for homes. 173 Supporting small business and essential workers
174 Public Safety
175 First of all, you have to get rid of this “essential worker “language. Do you want to talk about a racist/discriminating statement that is at the top. Every citizen is essential in their need to work. STOP THE NON-SENSE! SMB’s have been burdened with unnecessary and unlawful mandates by local health officials which has cost them thousands of dollars. I would gather these SMB owners and see what their needs are specifically. 176 We need fiber optic cable.
177 Fix our roads and provide internet to residents.
178 We need a variety of business
179 This time has been incredibly difficult for so many of our residents. It’s absolutely crucial that we use these funds to help our residents stay afloat - in our homes, up to speed with bills, etc. These funds are exactly made to be able to help our city and residents during this pandemic. These funds should not go to infrastructure or police pay - those things are built into city funding as it is. 180 Street. Fix the streets. I’m so sick of tearing up my vehicles with Oakleys horrible roads. Even Brentwood fixes all their roads. That means increased home values and people desiring to come here. No one wants to destroy their vehicles in Oakley. 181 We have got to support our community members ie the unhoused and those that need assistance with food etc. 182 Improve storm water and broadband
183 I would love to see the money used to build a public library building (instead of sharing with the high school). The public library can be used to service those financially impacted by the pandemic. They provide service such as but not limited to children/teen programs, free wifi, Laptop/Chromebook checkouts, help with filling out job applications, etc... The library will be a lasting resource for all of Oakley's residents. 184 Better internet access, fiber optics. Water collection for future droughts. 185 $10 million is a lot of money, spent wisely I would think you could touch on each one of these items. 186 More options for after school and park and recreation summer programs for kids. We just moved here and we are shocked at the lack of resources for the kids in this school district. We moved here from Alameda. They have an excellent Park and Recreation after school and summer programs for kids. Definitely lacking for the City of Oakley, considering a good majority of families that move here are commuting into the Bay and need good, safe, reliable, engaging programs for school aged children. 187 Fix Cypress Road. Needs a lane dedicated to just turning right. Need another way out of the Summerlake area besides just Cypress Street. Gets blocked to emergency vehicles via train or any accidents which is a safety hazard. 152
Q.3 Comments
188 Street improvement especially around city Hall. The road needs to be widened 189 Provide money to schools. Upgrade classrooms and tech. It is quite sad you did not included this as an option 190 I'd like to see the city invest in free and low cost recreational programs for children, seniors and adults. I'd like for any Oakley residents that are struggling due to the pandemic to also receive assistance. Invest in the community, provide programs at school sites. The Oakley PD does not need more funds. Half of the city's budget goes to the Oakle PD, and last I checked less than $20,000 is set aside for youth programs. Invest in youth programs like sports, art, and music. Fund some senior citizen programs.

Fund a local community farm. Invest in a summer program for youth to get jobs in the city and shadow different jobs. The only first responders that I feel need to have their budget increased should the Fire Departments. These fires will continue and worsen. They should receive funds to upgrade equipment and expand their staff for fire response
191 Homeless non-profits School broadband
192 Add police resources so that police officers can be dedicated to traffic enforcement and robberies. 193 The option that includes broadband internet is really stupid. It should specifically say either fiber or 5G. We already have broadband everywhere. Install fiber to cover all of oakley and definitely work with the developers that are already ripping up the roads to install conduit so that fiber can be ea easily pulled if and when an internet provider wishes to do so. The fact that Oakley does not have conduit in the ground for fiber everywhere that they have done construction is really quite shortsighted.

Also why isnt Iron House installing pipes in all of these roads when they are ripped up? They should be providing reclaimed water to all of the city parks that they can.

What a waste of water with all of our parks and landscaping throughout the city with no source of reclaimed water and Iron House just dumping it all in the delta. This money should never go to the few and it should go to the greater good. Improve the streets, heck, widen them or build that bridge over the railroad tracks at cypress and finish Laurel with the bridge over the tracks.
194 Road improvements, keeping Oakley’s rural feel with more vines instead of housing, gas and convenience stores. 195 Building up local businesses so Oakley because a place to shop and spend out money. 196 Fire Dept, trucks, etc. and Police department needs 197 Focus funds on local businesses and city residents and city employees. Impact should be obvious and directly attributable to people. 198 Support child care so mothers (and all parents) may return to work. 199 Address negative economic impacts caused by public health emergency to Small businesses 200 Widen some roads to at least two lanes the whole way. Laurel, Cypress, and Main. Those are the main roads for people who access the freeway. Some sections are in dire need of repair, and ideally widening.
201 Supporting local businesses and promoting more businesses downtown. 202 further street and sidewalks-East Cypress Road, Sellers Ave are falling apart 203 addressing negative economic impacts should certainly be in the forefront to bring folks back up to speed on what they need to help them live and provide for thier families.
204 Address negative economic impacts caused by the pandemic 205 Provide more restaurants, cafes, bistros, bars, clubs, art galleries, shops and entertainment venues in downtown Oakley. 206 Permanent structures for outdoor dining would be nice 207 Help Disadvantaged families recover from Covid-19; Improve Broadband access for disadvantaged families; Continue to improve streets and sidewalks; Provide support to local non-profits for disadvantaged families.
208 I would like to see the Oakley side of Sellers Rd to be repaved. It really is sad in comparison to how well the Brentwood side has been maintained over the years. It would also be nice to see some of the resources to be invested into providing an emergency escape route/road for the Summerlake community. It would be excellent to invest directly into our business - perhaps provide a small subsidized gift card ($25-50 for example) for each household in Oakley that can only be used at any of the local businesses. Give a little something for our residents and attract them to our local restaurants, etc. 209 Sidewalks / Citywide broadband
210 Add more roads near Summer lake development (currently it's only one way in and out) and repair Cypress Road all the way to Bethel Island 153
Q.3 Comments
211 The only thing that this city appears to care about it collecting property tax, building storage. Gas stations, and houses. This community needs more places for youth/teenagers to be safe and hang out. Go look at the line for Dutch bros coffee all the time. There is nothing for teenagers to do. Bring in something for the community to enjoy and experience.
212 Help families with basic needs edds such as childcare. Improve public transit and infrastructure to mitigate global climate change. Being on the delta and close to a waterway will impact the city negatively.
213 Lower our property taxes in magnolia park!!!!!!!!!!!!!! 214 Police visibility citywide and improvement including lighting of streets. 215 Stop building more houses, focus on residents needs 216 Build the railroad overpass on Laurel to Sellers
217 Helping local businesses is key.
218 Support small businesses.
219 Bring local businesses to Oakley so we can shop in our town . No more storage units & gas stations 220 Mixture. Using Zoom and a few cameras aren’t that expensive. Small bonuses to law enforcement. Support our businesses shut down by county by paying their fines.

Support infrastructure and repair and improvement but do it near our schools where it’s a double win. #5 below is misleading, yes I’d like that but no, do not want city to pay for it.
221 Start a citywide food bank for low income residents. Increase access to broadband for low income residents. Language acquisition program for all non-English speakers.

Invest in area recreation… Little league, parks, recreational courses Community gardens 222 More small businesses and no more 7 Elevens and storage units. 223 Money is not limited to stormwater, it can be used for parks, streets, water and wastewater. 224 Small business support. Our town needs a lot more of this. 225 Use funds to attract more businesses to Oakley, other than gas stations and storage facilities. Grocery store needed at corner of Laurel & O'Hara. Oakley is not a destination City.
226 Local Businesses that were effected directly as a result of covid should receive help, the roads, especially the Cypress Corridor need some major upgrades. The police and fire who have worked the entire pandemic should get some extra funding, and then help others directly effected by covid before benefiting the city funds. 227 Use funds to provide assistance to residents in need. 228 Providing incentives to get people to make purchases at local businesses would be welcomed. Continuing to provide services to address blight, and general upkeep of the City is also welcomed.
229 Bring public water and sewer to Brownstone and Anderson Ln 230 support police, fire. EMT , businesses, people, streets and roads, schools and safe parks for kids help the homeless problem 231 Childcare for all Oakley families despite income would be helpful. Also, before/after school care and transportation to local schools. 232 Invest the money into the city infrastructure. New roads, sidewalks, walking paths, medians, parks and upgrades. Make the city more walking and bike friendly. Consider roundabouts to keep traffic flowing at congested intersections. Collaborate with the water district to improve and beautify the current walking paths. 233 Widen streets, add more street lights and build up down town 234 1. There’s potential to bring in more local businesses in Oakley. 2. There’s a lot of students walking to and from school it’s not very safe for kids to walk on soon to be busy roads with no proper sidewalk.
235 The city needs to focus on providing city services to its' citizens. 236 Policing, roadways and infrastructure
237 Paved escape road so that all of the developments on Cypress can evacuate safely and swiftly since that is still not completed. This is the highest priority. 238 Offer relief to any local households facing life-impacting debt due to Covid medical care. Support local businesses that closed or went into great debt. 154
Q.3 Comments
239 Improve infrastructure
240 This is not a good survey.
241 Support local small business whove been impacted. And when I say local small business I dont mean large chains like the 7-11s and McDonalds.... 242 Recruit high quality shops to downtown
243 Helping the cities citizens that have had financial impact caused by the pandemic to find the resources needed.(my 1 and 2..if you support the non profits and social workers you support and build up your citizens which in turn aids in their abilities to support others). I do believe in the "nothing for free" Years ago, down south, we needed a little assistance with food. We did "Shares" and for $50 dollars in food, I had to pay $25 and volunteer so two to four hours within the community per buy (and have proof of the hours). The infrastructure is important, the different agencies and the citizens need to be able to communicate to avert disasters such as flood and fire.

Even tho I put improving streets as 6, I would like another way out of Summer lake when there is a fire...2 runs for my life is enough! and with that I would like this fire station to be maned and a satellite pd station when the grocery store goes in on Cyprus. 244 Improve streets and local businesses.
245 Since covid hits you will see that a lot of people are moving and some are trying to build a community that will cater their needs since oakley is starting we should support farm to table restaurants, farm area to produce organic foods that will cater the city itself. Charter schools and community events that will encourage residents to build a more caring community.ofcourse widen streets for safety 246 Provide funds to families and small businesses struggling financially due to Covid 247 More lights. Speed bumps by schools to be implemented specifically on Norcross lane and surrounding schools. More visibility on the school crosswalks. A better improved bigger post office for Oakley with parking.
248 Give it all to Police Officers and Small Businesses! The other categories have had enough help the last two years. If more categories are needed then HARD infrastructure should get some; i.e. roads, sidewalks, stormwater, NOT services or internet. 249 Improve Main Street with sidewalks to safety access downtown from teakwood and funding to create better schools / parks or activities for our youth ie: more parks , grass areas , water park , and further extend marsh creek trails for access to central Oakley 250 Fund more firefighters and another station
251 Use the funds for the greater good of the entire population of the city. Improve the infrastructure of the city (not free internet) and support the local small business that may need help. Use the funds wisely
252 Improving streets, helping those impacted by COVID19 253 Health, mental health, housing, homeless, addiction services. We have had an increase in suicide, homelessness and many families cannot afford rent. Additionally families need activities to do in our city. We don’t want to drive to concord or even Brentwood for entertainment. We need more options for dinning, shopping, moves etc.
254 Yes
255 Widen streets , build library and fire stations
256 Provide more dog parks (services for healthy citizens). Find EFFECTIVE solutions to help drug addicts and homeless. Wrap around services WITH accountability. 257 Add a second lane on laurel between rose and main.
258 Add sidewalks and widen roads to accommodate the growing traffic in our community. Redesign all Oakley school pickup and drop off zones to become safe. 259 Provide household financial support to repair their sidewalks. 260 Fix up Gehringer and O’Hara. Build some more schools with all the homes you keep having built. Our roads and schools are going to be maxed out. 261 Build either a Safeway or Whole Foods
262 Bringing in more small businesses and improving down town Oakley 263 Improved roads and sidewalks and support local small businesses. 264 House and feed people. Quit making poverty illegal. 155
Q.3 Comments
265 Improvement of roads, specifically East Cypress. Rework the changes that have created a safety hazard at Cypress and Main Street. It's not working the way you changed the lanes. Fix it. Create a second exit route for the residents of Summer Lake and Bethel Island in the case of an emergency (no, off-roading up a levee through private residences after waiting for hours for gates to be opened doesn't count). Do this BEFORE there's an emergency that traps children at the elementary school separated from their parents because you will never hear the end of it when (not if) that happens. Consider making downtown Oakley 2 lanes like you should have when it was first redeveloped. I avoid downtown Oakley at all costs because the traffic through there can be just awful. You want me to visit Oakley businesses? I'd love to, but not if you make the experience of getting there excruciating. You want the "quaint, small-town feel" but then you do nothing but build house after house after house and then leave the roads small, in disrepair, and/or clogged with poorly-timed lights. At least in downtown you had the opportunity to upgrade to two lanes, but chose to keep it a chokepoint! It baffles me. So I just don't go there.
266 Improve physical infrastructure.
267 Promote business development for the middle classes who are the majority of your tax payers. Gas stations, car washes, and auto shops do not grow the standard of living of your citizens. Promote business like grocery stores, restaurants, and mom and pop shops. Do this by creating shopping centers where business can thrive and customers want to be.
268 Funds directed in making Oakley more community centric.walkable town, connect to canal trails, parks. Create reasons for citizens to stay within City. 269 Make downtown appealing.
270 Use to improve roads and ensure we have enough to prevent catastrophic events or recover from those events (fire, storms, earthquakes) 271 We need to get the unhoused off the streets and back into their homes. This falls under support for community resources and support directly to households. 272 As a single mother, there has to be more affordable options for housing, etc for lower income workers. Or a stipend to help with any debt incurred. 273 Higher more Officers and actually prosecute crimes! 274 Support existing small businesses and help new businesses get off the ground. It’s a scary time to think about opening a new business but I imagine there are many residents with dreams of entrepreneurship. We are a loving community who repeatedly pulls together to support small business. We need more of this. 🥰🥰 275 The city needs to drastically improve street infrastructure for improved traffic flow (merging lanes and one lane roads), and increased access and safety for residents. 276 Internet for all citizens would be awesome.
277 Improve schools, improve public parks, build a family aquatic center 278 broadband internet, roads
279 Assist locally-owned businesses directly impacted by COVID-19. Assistance to residents who had to close their local business due to COVID-19. Assistance to residents who lost employment due to COVID-19. Additional pay to police and other emergency services workers. 280 I think support for the small local businesses that have really suffered would be the best use of the money 281 Supporting local businesses especially restaurants that have been impacted by covid. Improve upon or add outdoor eating areas would be excellent for Oakley. 282 Support Police officers and make them VERY VISIBLE and AVAILABLE anytime, anywhere in our city. 283 Clean up streets and address homelessness problem
284 Hire more officers and give fire more support. Build our infrastructure better with all the poor planning that happened with adding more houses. Revamp downtown make Oakley a destination not just Brentwood. Fix our water supply we have our own but it tastes horrible. Have to buy bottled water to drink. Each street should have a the speed limit trailer come to it once a month Oakley is small if you put it on one street for 2-3 days a month we would see where all the speeders are than we can add speed bumps and traffic deterrents in neighbors where kids play and I live. The speeding is ridiculous. 285 Making those DIRECTLY and PROVABLE "whole" from the actual problems cause by "orders" from any government body is the only thing I think the funds should be used for. BTW, this does not include me, I was not affected. Then, if anything is left over it can be used for the other items on the list. 156
Q.3 Comments
286 Help the police department funding and maybe adding more cameras at intersections that read license plate numbers.. keep Oakley as one of the safest cities to be living in..
287 Help homeowners and renters with bills, ensure food security for all residents, help small businesses recover from CV19, and incentivize hiring new employees 288 Improving the city’s infrastructure
289 Local businesses have been hit hard. Contra Costa Health has especially hit restaurants unfairly. These businesses are vital to our community and I want to see them all survive.
290 Widen Main Street in front of City Hall back to 4 lanes. Don't give a dime to anyone as a direct payment. 291 We need to help are small business first
292 I would like the money to go for improvements to our city, but I don't want to see thousands of dollars for a consultant to do "studies". And I think the Fire Department deserves a little thrown their way, too.
293 Create something for kids and the community to use / enjoy while staying in town 294 Upgrade and incentive program for schools so children can develop life skills and be of service to our community 157
ARPA Community Survey
Answer Choices
Yes 77.84% 390
No 22.16% 111
Answered 501
Skipped 6
Responses

businesses and encourage shopping, dining, and services in Oakley? For example, if you purchase a $50 gift card, the City would subsidize another $50, giving shoppers $100 worth of purchases for only $50.

Yes No

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
Would you participate in a Community E-Gift
Card Program?
158
ARPA Community Survey
Answer Choices
Yes 86.68% 436
No 13.32% 67
Answered 503
Skipped 4
Responses
Some restaurants in Oakley have added temporary outdoor dining areas/space; would you like to see such spaces enhanced with more permanent and aesthetic structures? Yes No

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%

90.00%
100.00%
Would you like to temporary outdoor dining
areas enhanced with more permanent and
aesthetic structures?
159
ARPA Community Survey
Answer Choices
Yes 71.17% 353
No 19.76% 98
Other (please specify) 9.07% 45
Answered 496
Skipped 11
Responses
The City currently has a Façade Improvement Grant program for downtown businesses.

Would you like to see this program expanded citywide?
Yes No Other (please specify)

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

80.00%
Would you like to see Façade Improvement
Grant program expanded citywide?
160
Q.6 Other - Comments:

ColCColumn3
1 The city of Oakley has a reputation of making things very difficult for small businesses to get started and grow. Something needs to be done about that because their petty interferences’ are hindering growth and the possibility of future business owners going to other cities. 2 If it preserves historical feel and does not promote fast food. Celebrate our uniqueness and the delta! 3 Not sure what this mean. Wish there was a description to get an idea of what the program is about. 4 If that means bringing in retail and restaurants we want, sure. Otherwise we dont need an Amtrak station 5 Amtrak Station
6 Unsure
7 No, make the downtown amazing!
8 I'd like to see any plan before agreeing to it
9 If there are enough funds to do so after other more important things get done. 10 More businesses downtown
11 Hideous section of Main Street: Cutino’s and adjacent buildings 12 That depends To vague
13 I’m not too familiar with this program.
14 The city needs a library. I would like to see the city show interest in a facility where groups can meet (Rotary, Kiwanis, Friends of Oakley, seniors etc.)Our current library is way too small for a community our size! 15 #4 has too much fraud opportunity.
16 Not of above money is used
17 Not with Covid recovery funds
18 After the most important things are delt with
19 City plays favorites. Would only like to see expanded if all inclusive 20 Move city hub out of Main street area as promised in original plan. 21 Not if it compromises the safety of citizens or small business success. 22 Where? This City is mostly housing and storage.
23 Fix the streets through all neighborhoods and not just the new ones while raising your standards of excellence in doing so. Settling for these pathetic sealed roads does nothing but waste tax dollars. Get contractors that really understand infrastructure…not just cheap bids. 24 I would need more information to make an informed decision 161
Q.6 Other - Comments:
25 No. This program is a failure. How many downtown businesses actually took the money? We need new businesses downtown not finding ways to keep the ones on life support going. They are on life support for a reason. Let them die and let them sell the property to someone who actually knows how to grow a business in a community whether that be a successful small business or a chain. or maybe its just good that someone else gets a chance to try something new in an old space. Why give loans to people that might not pay them back like you did with the building that skipolinis is in twice? The only successful businesses have already taken advantage of this program or dont need it and the others are the ones that are living practicallly rent free on tax payer subsidized buildings. I think a better program would be to focus on insentives to bring in busnesses rather than try to support and prop up failing ones.
26 I would rather see to make facade improvement to those that actually needs it and to just to give it to all of them. 27 Please expand the downtown area focusing on a “downtown” feel 28 Depends on if this money takes away from Fire & Police 29 I am indifferent with that happening. I would much prefer road improvements first. 30 We would like to see more entertainment for older kids. Theaters, bowling, peewee golfing, etc. There isn't anything for them to do IN OAKLEY. 31 Fix the main roads first Cypress need repair and expansion 32 Would like my property taxes to be reasonable!
33 If businesses want to apply, sure. Shouldn’t be limited to downtown. But there should be hoops, not just a blank check 34 But only if the traffic is studied better, although downtown looks nice it was not really thought out how it would disrupt traffic on a main artery of our city.
35 only after building the proper fire evacuation road that the many voting residents of E Cypress Rd keep demanding. 36 Sure. More law enforcement is good.
37 Bigger post office.
38 I wouldn’t mind it going to other places as well but I feel downtown is priority and needs an increase in shops/coffee shops and better access via sidewalks.
39 Build a library
40 No more gas stations and storage units and used car lots. Our city looks trashy. 41 Anything small business and supporting entrepreneurs! 42 Fascade or modernize downtown businesses (Improve aesthetics, increase available parking, etc.) 43 Revamp the entire downtown focus on one location. Make a destination spot that brings people to it before trying to tackle the whole city. 44 Not a top priority, but an okay thing to do.
45 We maybe eat out once a month, and do not like eating outdoors. If I wanted to do that, I would stay home and eat in my backyard. 162

STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 25, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Planning Manager
SUBJECT: Laurel Plaza Supplemental Traffic Operations Analysis Assessment Work Session – As Related to Quick Quack Car Wash at Laurel Plaza (CUP 02-20, DR 08-20) and McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza (CUP 03-20, DR 09-20) Applications Summary
This is a Work Session on the Laurel Plaza Supplemental Traffic Operations Analysis Assessment as related to two separate Planning applications known as Quick Quack Car Wash at Laurel Plaza Conditional Use Permit (CUP 02-20) and Design Review (DR 08-20), and McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20). This work session is a result of direction by the City Council at the May 25, 2021 Regular City Council Meeting as part of the discussion on Item 3.1 (McDonald’s CUP and DR) on that Agenda. Per City Council direction, a traffic study that included analysis of potential pedestrian impacts, including any impacts as a result of the projects proximity to an elementary school, was to be prepared and then presented back to the City Council for a Public Work Session with the Conditional Use Permits and Design Reviews to be heard separately at future meetings. The project is located in the Laurel Plaza shopping center at the northwest corner of Laurel Road and O’Hara Avenue and is zoned Retail Business (RB) District. APNs: 035-510-006 (proposed McDonald’s) and 035-510-009 (proposed Quick Quack).

Background
On May 25, 2021, the City Council held a continued public hearing on the McDonald’s DriveThrough Quick Serve Restaurant at Laurel Plaza Conditional Use Permit (CUP 03-20) and Design Review (DR 09-20). That public hearing included discussion on the Oakley McDonald’s and Quick Quack Traffic Analysis, which was an analysis that looked at the two proposed development projects and how they would impact traffic generated by the shopping center in relation to what was originally approved and approved since that time.

The analysis found that the two proposed uses would not result in any additional traffic than what was originally analyzed. Additional discussion was held in relation to the traffic analysis, specifically regarding potential pedestrian impacts due to the proximity of Laurel 163
Subject: Laurel Plaza Supplemental Traffic Operations Analysis Assessment – Work Session Date: January 25, 2022

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Oakley City CouncilJanuary 25, 2022

Oakley City Council
January 25, 2022