Agenda packet — Oakley City Council, July 12, 2022 (part 3 of 3)

Pareja con
hijo(s)
Padre o madre
soltera con...

Abuelo(s) que
crían a su(s...

Multi-generacio
nal (abuelos...

Personas sin
parentesco q...

Varias
familias que...

Other (please
specify)

ANSWER CHOICES RESPONSES
Una persona que vive sola
Pareja sin hijos en el hogar
Pareja con hijo(s)
Padre o madre soltera con hijo(s)
Abuelo(s) que crían a su(s) nieto(s)
Multi-generacional (abuelos, padres y nietos)
Personas sin parentesco que viven juntas
Varias familias que viven juntas
Other (please specify)
477
Actualización del Elemento de Vivienda de Oakley 2023-2031 8 / 17

0.00% 0
100.00% 1

0.00% 0

0.00% 0
100.00% 1

0.00% 0

0.00% 0
Q8 ¿Ha tenido o tiene alguno de los siguientes problemas de vivienda? (Seleccione todas las que apliquen)
Answered: 1 Skipped: 0
Total Respondents: 1
# OTHER (PLEASE SPECIFY) DATE
There are no responses.
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Batallo para
pagar la ren...

Insuficientes
fondos para...

Aumento
significativ...

Quiero mudarme
pero no pued...

Demasiada
gente vivien...

Hijo(a) adulto
viviendo en...

Ninguna de los
anteriores
Other (please
specify)

ANSWER CHOICES RESPONSES
Batallo para pagar la renta o la hipoteca (por ejemplo, a veces pago con retraso, dejo de pagar otras facturas para pagar la renta, o dejo de comprar alimentos o medicinas) Insuficientes fondos para hacer las reparaciones necesarias en el hogar Aumento significativo de la renta
Quiero mudarme pero no puedo encontrar/pagar una vivienda que satisfaga mis necesidades y/o las de mi familia Demasiada gente viviendo en una casa (hacinamiento)
Hijo(a) adulto viviendo en casa por no poder pagar una vivienda Ninguna de los anteriores
Other (please specify)
478
Actualización del Elemento de Vivienda de Oakley 2023-2031 9 / 17
Q9 ¿Cuál cree usted que sea el problema de vivienda más significativo que enfrentan los residentes de Oakley? (Seleccione hasta tres opciones) Answered: 1 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No hay
suficientes...

No hay
suficientes...

Las rentas son
demasiado altas
Comprar una
casa es...

El tamaño de
las vivienda...

Las
condiciones ...

Es demasiado
caro mantene...

No hay
suficientes...

Other (please
specify)
479
Actualización del Elemento de Vivienda de Oakley 2023-2031 10 / 17

0.00% 0

0.00% 0
100.00% 1

0.00% 0
Total Respondents: 1
# OTHER (PLEASE SPECIFY) DATE
There are no responses.

ANSWER CHOICES RESPONSES
No hay suficientes hogares en venta
No hay suficientes lugares en renta
Las rentas son demasiado altas
Comprar una casa es demasiado caro
El tamaño de las viviendas no cumple con las necesidades de las familias Las condiciones de las viviendas son malas
Es demasiado caro mantener mi casa como propietario
No hay suficientes viviendas para personas mayores o discapacitadas No hay suficientes albergues o servicios para las personas que sufren la falta de hogar Other (please specify)
480
Actualización del Elemento de Vivienda de Oakley 2023-2031 11 / 17

0.00% 0
100.00% 1

0.00% 0
Q10 Cuando usted buscaba vivienda en Oakley en los últimos 10 años, ¿se sintió alguna vez discriminado(a)?
Answered: 1 Skipped: 0
TOTAL 1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Sí
No
Quizás/No
estoy seguro(a)

ANSWER CHOICES RESPONSES
Sí
No
Quizás/No estoy seguro(a)
481
Actualización del Elemento de Vivienda de Oakley 2023-2031 12 / 17
Q11 ¿Por qué cree que fue discriminado(a)? (Seleccione todas las que apliquen)
Answered: 1 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No aplica
Raza/
Etnicidad/...

Sexo/ Género/
LGBTQ
Situación
económica/...

Fuente de
ingresos (po...

Edad
Situación
familiar/Ten...

Incapacidad
Historial
delictivo
Historial de
desalojo,...

Por estar
desplazado s...

Religión
Other:

No estoy
seguro(a)
Other (please
specify)
482
Actualización del Elemento de Vivienda de Oakley 2023-2031 13 / 17
100.00% 1

0.00% 0

0.00% 0
Total Respondents: 1
# OTHER (PLEASE SPECIFY) DATE
There are no responses.

ANSWER CHOICES RESPONSES
No aplica
Raza/ Etnicidad/ Idioma
Sexo/ Género/ LGBTQ
Situación económica/ Ingresos demasiado bajos
Fuente de ingresos (por ejemplo, Vale de elección de vivienda) Edad
Situación familiar/Tener hijos
Incapacidad
Historial delictivo
Historial de desalojo, quiebra financiera, mal crédito
Por estar desplazado sin tener hogar
Religión
Other:

No estoy seguro(a)
Other (please specify)
483
Actualización del Elemento de Vivienda de Oakley 2023-2031 14 / 17
Q12 La Ciudad debe demostrar que puede alcanzar el objetivo obligatorio de 440 unidades de ingresos más bajos en el periodo del 2023 al 2031.

Por favor, estudie cada sitio (ver las figuras 3-10) y señale su nivel de apoyo. Luego, dénos su opinión sobre otros lugares donde Ciudad podría considerar desarrollar la vivienda.

Answered: 1 Skipped: 0
Sitio A -
Bridgehead R...

Sitio B –
Bridgehead R...

Sitio C –
Bridgehead R...

Sitio D - Main
Street cerca...

Sitio E -
Oakley Rd. y...
484
Actualización del Elemento de Vivienda de Oakley 2023-2031 15 / 17
Sitio F - 3300
Neroly Rd.(3...

Sitio G -
Esquina S/O ...

Sitio H - 440
W. Cypress...

Sitio I - 4671
Rose Ave.(0....

Sitio J - la
esquina S/E ...

Sitio K -
Esquina S/W ...

Sitio L -
Entre Main S...
485
Actualización del Elemento de Vivienda de Oakley 2023-2031 16 / 17

0.00%
0 100.00%
1 0.00%
0 1 2.00

0.00%
0 0.00%
0 100.00%
1 1 1.00
100.00%
1 0.00%
0 0.00%
0 1 3.00

0.00%
0 0.00%
0 100.00%
1 1 1.00

0.00%
0 0.00%
0 100.00%
1 1 1.00
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Support Neutral Oppose
Sitio M -5700
Main St. al...

Sitio N - 901
E. Cypress...

SUPPORT NEUTRAL OPPOSE TOTAL WEIGHTED

AVERAGE
Sitio A - Bridgehead Rd. Sitio #1.(1.42 acres / Capacidad potencial de 34 unidades)
Sitio B – Bridgehead Rd. Sitio #2.(1.42 acres / Capacidad potencial de 34 unidades)
Sitio C – Bridgehead Rd. Sitio #3.(0.74 acres / Capacidad potencial de 18 unidades)
Sitio D - Main Street cerca de Bridgehead Rd.(2.48 acres / Capacidad potencial de 59 unidades)
Sitio E - Oakley Rd. y SR-160(9.75 acres / Capacidad potencial de 234 unidades)
Sitio F - 3300 Neroly Rd.(3.66 acres / Capacidad potencial de 88 unidades)
Sitio G - Esquina S/O de Laurel Rd. y O’Hara Ave.(4.99 acres / Capacidad potencial de 60 unidades)
Sitio H - 440 W. Cypress Rd.(2.46 acres / Capacidad potencial de 44 unidades)
Sitio I - 4671 Rose Ave.(0.83 acres / Capacidad potencial de 20 unidades)
Sitio J - la esquina S/E de Main St. y Rose Ave.(0.65 acres / Capacidad potencial de 16 unidades)
Sitio K - Esquina S/W de Main St. y Brownstone. Rd(2.23 acres / Capacidad potencial de 53 unidades)
Sitio L - Entre Main St., Arminio Ln. y Monte Linda St. (8.46 acres / Capacidad potencial de 203 unidades)
Sitio M -5700 Main St. al norte de Pena’s Dismantlers. (7.65 acres / Capacidad potencial de 184 unidades)
Sitio N - 901 E. Cypress Rd.(4.90 acres / Capacidad potencial de 118 unidades)
486
Actualización del Elemento de Vivienda de Oakley 2023-2031 17 / 17
Q13 ¿Tiene algún comentario adicional relacionado con la vivienda que no se haya mencionado anteriormente y que deba considerarse en el proceso de actualización del Elemento de Vivienda?
Answered: 0 Skipped: 1
# RESPONSES DATE
There are no responses.
487
OAKLEY HOUSING ELEMENT 2023-2031 PUBLIC REVIEW DRAFT | JUNE 2022 APPENDIX B | ALL OTHER SITES
Appendix B:

All Other Sites
488
OAKLEY HOUSING ELEMENT 2023-2031 PUBLIC REVIEW DRAFT | JUNE 2022 APPENDIX B | ALL OTHER SITES B-1
APPENDIX B: ALL OTHER SITES
APN Acres Address Existing Land Use General Plan Land Use Zoning Min Density
Max
Density
Maximum
Dwelling
Units
Realistic
Dwelling
Units (80%
Max)
Income
Level
032020014 18.72 4277 KNIGHTSEN AVE Undeveloped, agricultural Agricultural Limited AL 0.1 1 18 14 Above Mod 032010004 10.11 6250 SELLERS AVE Undeveloped, agricultural Agricultural Limited AL 0.1 1 10 8 Above Mod 033170018 1.87 6239 SELLERS AVE Misc. improvements, no
structures
Residential Very Low AL 0.8 2.3 1 1 Above Mod
041030038 0.99 None LIVE OAK AVE Undeveloped Residential Very Low AL 0.8 2.3 0 1 Above Mod 033180001 9.63 821 E CYPRESS RD Undeveloped, agricultural Residential Low AL 2.3 3.8 9 7 Above Mod Subtotal: AL 41.33 38 31
035212006 14.96 None ROSE AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 65 52 Above Mod 034190002 1.50 None BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 6 5 Above Mod 035220005 13.22 None ROSE AVE Undeveloped Residential Low R-10 2.3 3.8 57 46 Above Mod 034010033 0.39 3980 EMPIRE AVE Undeveloped, gov't owned Residential Low R-10 2.3 3.8 1 1 Above Mod 034190003 6.40 None BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 27 22 Above Mod 034190004 9.29 351 BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 40 32 Above Mod 033100005 7.05 None MAIN ST Undeveloped Residential Low R-10 2.3 3.8 30 25 Above Mod 035212007 11.22 4351 ROSE AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 48 39 Above Mod 035250005 4.29 11 PRIVET CT Rural, undeveloped Residential Very Low R-10 0.8 2.3 18 15 Above Mod 034010034 6.77 3800 EMPIRE AVE Undeveloped Residential Low R-10 2.3 3.8 29 24 Above Mod 034060014 10.04 None CYPRESS AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 43 35 Above Mod Subtotal: R-10 85.13 364 296
041021011 4.86 None LIVE OAK AVE Undeveloped Residential Very Low R-15 0.8 2.3 14 11 Above Mod 034130004 8.10 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 23 19 Above Mod 034200025* 2.8 275 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 6 5 Above Mod 034181001 5.49 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 15 13 Above Mod 034200017 2.20 265 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 6 5 Above Mod 034170007 3.07 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 8 7 Above Mod 034120009 5.72 None OHARA AVE Undeveloped Residential Very Low R-15 0.8 2.3 16 13 Above Mod 034120010 5.41 None OHARA AVE Undeveloped Residential Very Low R-15 0.8 2.3 15 13 Above Mod 034130003 10.63 None OHARA AVE Undeveloped, agricultural Residential Very Low R-15 0.8 2.3 30 25 Above Mod 489
B-2 APPENDIX B | ALL OTHER SITES
APPENDIX B: ALL OTHER SITES
APN Acres Address Existing Land Use General Plan Land Use Zoning Min Density
Max
Density
Maximum
Dwelling
Units
Realistic
Dwelling
Units (80%
Max)
Income
Level
034170006 10.00 637 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 29 23 Above Mod Subtotal: R-15 58.30 162 134
033130056 4.96 5239 SELLERS AVE Undeveloped Rural Residential R-40 0.2 1 5 4 Above Mod 033130055 5.41 5321 SELLERS AVE Undeveloped Rural Residential R-40 0.2 1 5 5 Above Mod 033130057 11.11 5111 SELLERS AVE Undeveloped, agricultural Rural Residential R-40 0.2 1 12 10 Above Mod 032020006 9.51 4460 FRANKLIN LN Undeveloped, agricultural Rural Residential R-40 0.2 1 10 8 Above Mod Subtotal: R-40 30.98 32 27
035202007 4.14 None ROSE AVE Undeveloped,
miscellaneous
improvements, no
residences
Residential Low/Medium R-6 3.8 5.5 30 24 Above Mod
035202011 1.32 None BIACALANA DR Undeveloped,
miscellaneous
improvements, no
residences
Residential Low/Medium R-6 3.8 5.5 9 8 Above Mod
033030031 5.24 None HONEY LN Undeveloped Residential Low/Medium R-6 3.8 5.5 38 30 Above Mod 034220039 1.33 None BROWNSTONE RD Undeveloped Residential Low/Medium R-6 3.8 5.5 9 8 Above Mod 033110003* 4.83 None MAIN ST Undeveloped Residential Low/Medium R-6 3.8 5.5 26 18 Above Mod 034250007 5.01 None ALMOND AVE Undeveloped Residential Low/Medium R-6 3.8 5.5 36 29 Above Mod 034220040 2.29 None BROWNSTONE RD Undeveloped Residential Low/Medium R-6 3.8 5.5 16 13 Above Mod 033190001 19.67 551 E CYPRESS RD Undeveloped, agricultural Residential Low/Medium R-6 3.8 5.5 142 114 Above Mod 33100004* 4.83 5700 MAIN ST Undeveloped Residential Low Medium R-6 3.8 5.5 55 44 Above Mod Subtotal: R-6 50.92 361 288
035282054 7.65 440 W CYPRESS RD One single family home, miscellaneous outbuildings
Residential Medium M-9 5.5 9.6 21 16 Moderate
Subtotal: M-9 7.65 21 16
Notes: * Sites have mixed zoning, including portions that are commercial. Only the residential portions of these sites have been accounted for in these calculations.

Source: Ascent, 2022; City of Oakley, 2014; Contra Costa County GIS, 2014, East Cypress Specific Plan, 2006; De Novo Planning Group, 2014. 490

STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Kenneth W. Strelo, Planning Manager
SUBJECT: Repeal of Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” (RZ 02-22)
Summary
This is a City-initiated application to repeal Oakley Municipal Code (“OMC”) Section

9.1.502 “Commercial Downtown District (CD)” as a clean-up item to the Zoning Code.

The language in this section has been a part of the Oakley Zoning Code since inception. Its purpose is to provide the City with a set of land uses and development standards for the continued physical and economic growth of the designated Commercial Downtown area. The Oakley Downtown Specific Plan District (Specific Plan 4), adopted in March of 2010 by Ordinance 06-10, now serves as the document to guide development of all properties formerly within the Commercial Downtown (CD) District, and the CD District is no longer represented on any portion of the Oakley Zoning Map. This repeal ordinance would delete all parts of Section 9.1.502 except for the title.

Recommendation
Staff recommends the City Council waive the first reading and introduce the ordinance repealing Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” (RZ 02-22) in its entirety.

Background and Analysis
Adoption of the Downtown Specific Plan superseded the Commercial Downtown (CD) District by default by rezoning all applicable properties, and the Redevelopment Area Planned Unit District (P-1RA) through language in the ordinance, which explicitly stated that any properties within the P-1RA “shall now be regulated by the Oakley Downtown Specific Plan”. Properties in the P-1RA, but not in the Downtown Specific Plan were zoned to “Planned Unit Development (P-1) District,” and are indicated as such on the Oakley Zoning Map.
491
Subject: Repeal of Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” Date: July 12, 2022
Page: 2 of 2
The currently existing parts of OMC Section 9.1.502 include the following:
 Part a. Purpose and Intent
This is now superseded by the language contained in the Downtown Specific Plan.
 Parts b and c. Permitted Uses and Uses Requiring a Conditional Use Permit Both parts refer to the P-1RA District, which has been superseded by the Downtown Specific Plan, making these two parts immaterial.  Part d. Uses Requiring a Temporary Use Permit
States “none.”
 Parts e though f. Development Standards
Lot Requirements, Yard Requirements, Building Height, and Other Regulations all refer to the P-1RA District with additional standards that area now superseded by the Downtown Specific Plan.

In summary, the entire section is no longer applicable to any properties within the City of Oakley and should be repealed.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this ordinance repeal.

Attachments

1. Notice of Public Hearing

2. Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)”

3. Proposed Ordinance
492
City of Oakley
3231 Main Street
Oakley, CA 94561
www.oakleyinfo.com

NOTICE OF PUBLIC HEARING
Notice is hereby given that on July 12, 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 an application for a Zoning Text Amendment as described below:

Project Name: Repeal of Oakley Municipal Code Section 9.1.502 “Commercial Downtown District (CD)” (RZ 02-22).

Project Location: No specific location.

Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561. Attn: Ken Strelo, Planning Manager, (925) 625-7036, [email protected]
Request: Application by City of Oakley (“Applicant”) requesting approval of a Zoning Text Amendments (RZ 02-22) to repeal Oakley Municipal Code (“OMC”) Section 9.1.502 “Commercial Downtown District (CD)” as a clean-up item to the Zoning Code. The language in this section has been a part of the Oakley Zoning Code since inception. Its purpose is to provide the City with a set of land uses and development standards for the continued physical and economic growth of the designated Commercial Downtown area. The Oakley Downtown Specific Plan District (Specific Plan 4), adopted in March of 2010 by Ordinance 06-10, now serves as the document to guide development of all properties formerly within the Commercial Downtown (CD) District, and the CD District is no longer represented on any portion of the Oakley Zoning Map. This repeal ordinance would delete all parts of Section 9.1.502 except for the title.

How to Review: The Staff Report and its attachments will be available for public review, on or before July 7, 2022 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the July 12, 2022 agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Ken Strelo, Planning Manager at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 493
Oakley Municipal Code Section 9.1.502
“Commercial Downtown District (CD)”

9.1.502 Commercial Downtown District (CD)
a. Purpose and Intent. It is the purpose and intent of this section to provide the City of Oakley with a set of land uses and development standards for the continued physical and economic growth of the designated Commercial Downtown area.

Within Oakley, there is a significant architectural character in the buildings and development of the Downtown area. This section emphasizes preserving, maintaining and encouraging the significant aspects of that architectural environment.

The Commercial Downtown District is coterminous with the Commercial Downtown land use designation as illustrated in Figure 2-2, Land Use Diagram, of the Oakley 2020 General Plan and the "Oakley Redevelopment Project Area Planned-Unit Rezoning Project Limits" figure in the Oakley Redevelopment Area Planned Unit District (May 18, 1999). This section (9.1.502 of this section or Article 5 of this chapter) of the City of Oakley Zoning Ordinance hereby refers to the Oakley Redevelopment Area Planned Unit District for Commercial Downtown District guidelines, including a description of development guidelines and permitted uses, as well as the City of Oakley Commercial and Industrial Design Guidelines. b. Permitted Uses. Please refer to the Oakley Redevelopment Area Planned Unit District document prepared by the City of Oakley for the downtown area permitted uses. c. Uses Requiring a Conditional Use Permit. Please refer to the Oakley Redevelopment Area Planned Unit District document prepared by the City of Oakley for the downtown area for uses requiring a conditional use permit.
d. Uses Requiring a Temporary Use Permit.

None
e. Lot Requirements. Please refer to the Oakley Redevelopment Area Planned Unit District document prepared by the City of Oakley for the downtown area.

Minimum Lot Requirements Commercial Downtown District (CD)1 Lot Area2 (in square feet) 3,500
494
Minimum Lot Requirements Commercial Downtown District (CD)1 Lot Width 35 feet
Lot Depth N/A
Notes

1. Maximum Base FAR shall not exceed 1.0
f. Yard Requirements. Please refer to the Oakley Redevelopment Area Planned Unit District document prepared by the City of Oakley for the downtown area.
g. Building Height. Please refer to the Oakley Redevelopment Area Planned Unit District document prepared by the City of Oakley for the downtown area.

Building Height Requirements (in feet) Commercial Downtown (CD) Maximum Building Height 35 feet
Maximum Accessory Building Height: 35 feet
Special Height Requirements and Exceptions See Section 9.1.1126. h. Other Regulations.

1. Please refer to the Oakley Redevelopment Area Planned Unit District document prepared by the City of Oakley for the downtown area;

2. All new commercial development shall be consistent with the Commercial and Industrial Design Guidelines (See Appendix C of this chapter).
495
Ordinance No. XX-22 Page 1 of 2
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY REPEALING OAKLEY MUNICIPAL CODE SECTION 9.1.502 “COMMERCIAL DOWNTOWN DISTRICT (CD)” (RZ 02-22)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Findings.

The language in Oakley Municipal Code (“OMC”) section 9.1.502 has been a part of the Oakley Zoning Code since inception. Its purpose is to provide the City with a set of land uses and development standards for the continued physical and economic growth of the designated Commercial Downtown area. The Oakley Downtown Specific Plan District (Specific Plan 4), adopted in March of 2010 by Ordinance 06-10, now serves as the document to guide development of all properties formerly within the Commercial Downtown (CD) District, and the CD District is no longer represented on any portion of the Oakley Zoning Map. This repeal ordinance will delete all parts of Section 9.1.502 except for the title.

SECTION 2. Repeal of Oakley Municipal Code Section 9.1.502.

1. Oakley Municipal Code Section 9.1.502 titled “Commercial Downtown District (CD)” is hereby repealed in its entirety.

SECTION 3. California Environmental Quality Act (CEQA).

This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment.

SECTION 4. Public Hearing Notice
On or before July 1, 2022, the Notice of Public Hearing for the project was published in the Contra Costa Times, posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, and outside the library at Freedom High School located at 1050 Neroly Road, and mailed out to outside agencies and parties requesting such notice.

SECTION 5. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary 496
Ordinance No. XX-22 Page 2 of 2
of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

PASSED, APPROVED AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Randy Pope, Mayor
ATTEST:
_____
Libby Vreonis, City Clerk Date
497

STAFF REPORT
Approved and Forwarded to the City Council
DATE: July 12, 2022
TO: Joshua McMurray,
City Manager
FROM: Derek P. Cole, City Attorney
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 39 TO TITLE 4 OF THE OAKLEY MUNICIPAL

CODE RELATING TO MILITARY EQUIPMENT USE BY THE

OAKLEY POLICE DEPARTMENT
Background and Discussion
On January 1, 2022, AB 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the state of California, became effective. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as “military equipment.” AB 481 was created to address transparency issues in the funding, acquisition, and use of law enforcement equipment that lawmakers have deemed to be “military equipment.” AB 481, codified at California Government Code Section(s) 7070 through 7075, requires law enforcement agencies to “commence a governing body approval process,” for the adoption of a military equipment use policy by ordinance, in a public forum to continue the use of previously acquired “military equipment.” The bill also requires such approval (of the policy by ordinance), by the governing body in a public forum, before a law enforcement agency may fund, acquire, or use new “military equipment.” In addition, the bill requires further public review and approval actions by the governing body, annually, to continue the use of “military equipment,” and requires the City to host annual community meetings regarding the agency’s use of “military equipment” under the bill. These requirements are more specifically outlined below.

The term “military equipment,” as used in the legislation, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment,” include, but equipment such as unmanned vehicles, command and control vehicles, armored vehicles, pepper balls, less lethal shotguns, and long-range 498
acoustic devices. These types of equipment, as well as others considered “military equipment” under AB 481, are commonly used and employed by law enforcement agencies across the country to enhance resident and officer safety.

The proposed ordinance codifies the requirements of AB 481 and is intended to authorized the continued use of equipment that is considered “military” equipment under the new law. That equipment is limited, and includes aerial drones, ammunition of .50 caliber and greater, certain “assault” style weapons, noise-flash diversionary devices, tear gas, TASERS, and kinetic energy weapons and munitions.

At the July 12, 2022 City Council meeting, the City Council will be requested to waive the first reading, and introduce, the proposed ordinance. If the ordinance is introduced, the Council would consider its enactment at its August 9, 2022 meeting.

Recommendation
Staff recommends that the City Council waive the first reading of, and introduce, the Ordinance Relate to Military Equipment Use by the Oakley Police Department Consistency with the Oakley Strategic Plan 27+
The proposed ordinance would further the Sustainable Organization Goal of the Oakley Strategic Plan 27+.

Attachment

1. Ordinance Related to Military Equipment Use by the Oakley Police Department
499
Ordinance No. XX-22 Page 1 of 5
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 39 TO TITLE 4 OF THE OAKLEY MUNICIPAL CODE RELATING TO

MILITARY EQUIPMENT USE BY THE OAKLEY POLICE DEPARTMENT
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Oakley has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and WHEREAS, a draft of the military equipment policy that is codified by this Ordinance was made available for public review and inspection for more than 30 days prior to the public hearing in which this Ordinance was introduced; and
WHEREAS, the City Council finds that the use of the military equipment authorized by this Ordinance is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

WHEREAS, the City Council finds that the military equipment policy authorized by this Ordinance will safeguard the public’s welfare, safety, civil rights, and civil liberties.

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

SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.

Chapter 39 is added to Title 4 of the Oakley Municipal Code as follows:

Chapter 39

MILITARY EQUIPMENT USE POLICY

4.39.102 Purpose.

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, in accordance with California Government Code sections 7070-7072.

4.39.104 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:
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Ordinance No. XX-22 Page 2 of 5
a. “Governing body” means the city council.
b. “Military equipment” includes, but is not limited to, the following:
1) Unmanned, remotely piloted, powered aerial or ground vehicles; and 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers; and
3) High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached; and
4) Tracked armored vehicles that provide ballistic protection to their occupants; and
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units; and 6) Weaponized aircraft, vessels, or vehicles of any kind; and 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram; and
8) Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition; and
9) Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue firearm; and
10)Any firearm or firearm accessory that is designed to launch explosive projectiles; and
11) Noise-flash diversionary devices and explosive breaching tools; and 12) Munitions containing tear gas or oleoresin capsicum, excluding standard, service-issued handheld pepper spray; and
13) TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs); and
14) Kinetic energy weapons and munitions; and
15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
501
Ordinance No. XX-22 Page 3 of 5

4.39.106 Policy.

It is the policy of the City of Oakley that members of the Oakley Police Department comply with the provisions of California Government Code section 7071 with respect to military equipment.

4.39.108 Military Equipment Coordinator.

The Chief of Police should designate a member of the Police Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the governing body for matters related to the requirements of this policy; and
b. Identifying Police Department equipment that qualifies as military equipment in the current possession of the department, or the equipment the Police Department intends to acquire that requires approval by the governing body; and c. Conducting an inventory of all military equipment at least annually; and d. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Police Department; and
e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1) Publicizing the details of the meeting; and
2) Preparing for public questions regarding the Police Department’s funding, acquisition, and use of equipment.
f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website; and
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the department will respond in a timely manner.

4.39.110 Military Equipment Inventory.

The following constitutes a list of qualifying equipment for the Police Department:
a. Unmanned, remotely piloted, powered aerial or ground vehicles; and b. Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition; and
c. Specialized firearms and ammunition of less than .50 caliber, including firearms 502
Ordinance No. XX-22 Page 4 of 5
and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue firearms; and d. Any firearm or firearm accessory that is designed to launch explosive projectiles; and
e. Noise-flash diversionary devices and explosive breaching tools; and f. Munitions containing tear gas or oleoresin capsicum, excluding standard, serviceissued handheld pepper spray; and g. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs); and
h. Kinetic energy weapons and munitions; and
i. Any other equipment as determined by a governing body or a state agency to require additional oversight.

4.39.112 Coordination with Other Jurisdictions.

Military equipment should not be used by any other law enforcement agency or member of the Police Department unless the military equipment is approved for use in accordance with this policy.

4.36.114 Annual Report.

Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory.

4.36.114 Community Engagement.

Within 30 days of submitting and publicly releasing the annual report, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Police Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

SECTION 2. CEQA FINDING.

The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because the instant ordinance involves 503
Ordinance No. XX-22 Page 5 of 5
continuing administrative activities and thus is not a project, as CEQA defines, pursuant to Section 15378(b)(2) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.

SECTION 3. SEVERABILITY.

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

SECTION 4. EFFECTIVE DATE.

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

SECTION 5. PUBLICATION.

PASSED, APPROVED, AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Randy Pope, Mayor
ATTEST:
____________________ _________________
Libby Vreonis, City Clerk Date
504

STAFF REPORT
Approved and Forwarded to the City Council
DATE: June 30, 2022
TO: Joshua McMurray,
City Manager
FROM: Derek P. Cole, City Attorney
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 38 TO TITLE 4 OF THE OAKLEY MUNICIPAL

CODE CONCERNING SPECTATORS AT ILLEGAL SPEED

CONTESTS, EXHIBITIONS OF SPEED, AND SIDE SHOWS
Background and Discussion
Cities throughout California, including Oakley and other East Contra Costa County cities have in recent years experienced “side shows,” dangerous gatherings of large crowds that surround automobiles that engage in speed contests or displays of automotive stunts. These gatherings, often organized on social media, often result in gatherings of hundreds of spectators, sometimes in the late hours of the night or early hours of the morning. The personal safety of all involved in these gatherings is very significantly jeopardized whenever the events occur. The drivers themselves are at high risk—intensified by the competitive nature of the events—from the excessive speeds at which they drive or the dangerous stunts they perform. Those who watch, usually from very close distances from the automobiles involved, are placed at high risk of being struck by one of the competing vehicles. Motorists, pedestrians, and others passing through or by the area are also at great risk of collisions or accidents.

Side shows result in the blockage of public roads, highways, and intersections. In this regard, they can have significant traffic impacts, including the blockage of police, fire, or ambulance vehicles responding to calls for service.

Side shows can also result in adverse impacts to public and private property. They can cause damage to city roads, sidewalks, and other utilities. They can also result in damage to private property on which events occur, usually without the knowledge of the property owner.
505
The proposed ordinance, requested by the Police Department, is intended to provide the City an enforcement tool for addressing and attempting to prohibit future side shows within City limits. The Ordinance would generally prohibit the gathering of crowds around occurring or planned side shows.

The City Attorney’s Office reviewed a number of other cities’ ordinances on the subject, and it has proposed an ordinance that is substantially similar to an ordinance the City of Pittsburg recently adopted. This Office believed the Pittsburg ordinance provided the best set of regulations for Oakley’s usage and believed consistency in regulations with another East County city would be beneficial for enforcement purposes.

If enacted, the proposed ordinance would add a chapter to the Oakley Municipal Code (Chapter 38, to Title 4 of the Code, which contains the City’s codes concerning public health, safety, and welfare) prohibiting the spectating of “illegal motor vehicle speed contests.” The ordinance would prohibit persons from knowingly gathering at such contests, or gathering when preparations are being made for the contests. The ordinance would define the nature and type of evidence that may be considered in determining if such violations are occurring.

The ordinance would include persons within 200 feet of occurring or planned event as violators. Those who violate the ordinance would be subject to potential misdemeanor prosecution. The City would also have other enforcement options, including treating violations as infractions or through civil fines or abatement.

Recommendation
Staff recommends that the City Council waive the first reading of, and introduce, the Ordinance Concerning Spectators at Illegal Speed Contests, Exhibitions of Speed, and Side Shows.

Consistency with the Oakley Strategic Plan 27+
The proposed ordinance would further the Community Health and Safety goal in that it would promote the sub-goals of creation of safe streets and safe and healthy neighborhoods.

Attachment

1. Ordinance Concerning Spectators at Illegal Speed Contests, Exhibitions of Speed, and Side Shows.
506
Ordinance No. XX-22 Page 1 of 5
ORDINANCE NO. XX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING CHAPTER 38 TO TITLE 4 OF THE OAKLEY MUNICIPAL CODE CONCERNING

SPECTATORS AT ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED, AND SIDE SHOWS
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Oakley has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, vehicle exhibitions and street racing have been a recurring concern for the health and safety of motorists, pedestrians, and residents in the city of Oakley.

WHEREAS, these activities have caused fatal collisions, property damage and traffic congestion, creating a public nuisance; and
WHEREAS, Illegal speed contests, exhibitions of speed, and sideshows pose a clear danger to the residents of the City and the motoring public traveling on the roadways within the City; and
WHEREAS, the purpose of the proposed ordinance is to prohibit spectators at these illegal racing events with the aim of significantly curbing the harmful and injurious activity.

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

SECTION 1. AMENDMENT OF OAKLEY MUNICIPAL CODE.

Chapter 38 is added to Title 4 of the Oakley Municipal Code as follows:

Chapter 38

SPECTATING OF ILLEGAL SPEED CONTESTS PROHIBITED

4.38.102 Purpose
The declared purpose of this chapter is to provide rules and regulations regarding the use of public property, for the protection of the public health, safety and welfare of residents of the City and users of public property, and to ensure public property is maintained in a manner consistent with the broadest use by residents of the City.

4.38.104 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:
a. “Illegal motor vehicle speed contest” or “illegal exhibition of speed” means any speed contest or exhibition of speed referred to in Vehicle Code Section 23109, subdivision (a), and reckless driving as referred to in Vehicle Code Section 23103, subdivisions 507
Ordinance No. XX-22 Page 2 of 5
(a) and (b).
b. “Preparations for an illegal motor vehicle speed contest, exhibition of speed, or sideshow” include, but are not limited to, situations in which:
1) A group of motor vehicles or individuals has arrived at a location for the purpose of participating in, or being spectators at, the event; or 2) A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in, or being a spectator at, the event; or 3) A group of individuals has gathered on private property without the consent of the owner, operator, or agent thereof for the purpose of participating in, or being a spectator at, the event; or
4) One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; or
5) Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
6) One or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or
7) An individual is stationed at or near one or more motor vehicles serving as a race starter.
c. “Sideshow” means a gathering, procession, or assemblage of vehicles where vehicles are used to exhibit stunts and maneuvers in the presence of spectators. d. “Spectator” means any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. “Spectator” includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

4.38.106 Spectating of illegal speed contests, exhibitions of speed, or sideshows prohibited.
a. It is unlawful for any individual to:
1) Be knowingly present as a spectator at an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
2) Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow. 508
Ordinance No. XX-22 Page 3 of 5
b. An individual is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow if that individual is on a public street or highway, public property, or on private property without the consent of the owner, operator, or agent thereof, and is within two hundred feet of the location of the event or within two hundred feet of the location where preparations are being made for the event. c. Exemption. Nothing in this Section prohibits law enforcement officers, medical professionals, emergency medical services employees, first responders, firefighters, or their agents from being present at illegal motor vehicle speed contests, exhibitions of speed, or sideshows in the course of their official duties.

4.38.108 Relevant circumstances to prove a violation.
a. Notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may include, but is not limited to, any of the following:
1) The time of day; or
2) The nature and description of the scene; or
3) The number of people at the scene; or
4) The location of the individual charged in relation to any individual or group present at the scene; or
5) The number and description of motor vehicles at the scene; or 6) The activities in which the motor vehicles are engaged; or 7) Whether the individual charged drove, walked, or was transported to the scene; or 8) How long the individual charged was present at the scene of the event; or 9) Whether the individual charged has previously participated in an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
10) Whether the individual charged has previously aided and abetted an illegalmotor vehicle speed contest, exhibition of speed, or sideshow; or 11) Whether the individual charged has previously attended an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
12) Whether the individual charged previously was present at a location where preparations were being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow or where an illegal motor vehicle speed contest, exhibition of speed, or sideshow was in progress.
b. The list of circumstances set forth in subsection (a) of this section is not exclusive.

Evidence of prior acts may be admissible to show the propensity of the individual charged to be present at or attend an illegal motor vehicle speed contest, exhibition of speed, or sideshow, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may be admissible to show knowledge on the part 509
Ordinance No. XX-22 Page 4 of 5
of the individual charged that an illegal motor vehicle speed contest, exhibition of speed, or sideshow was taking place at the time of the presently charged offense.

Prior acts are not limited to those that occurred within the city.

4.38.040 Enforcement.

Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1,000, unless at the discretion of the district attorney, the violation is reduced to an infraction. The city may seek compliance with this chapter by any remedy allowed under this code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in Chapter 1.5 of this code or abatement as provided in Chapter 1.6 of this code. The amount of the administrative fine is $1,000 for each violation.

SECTION 2. CEQA FINDING.

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

SECTION 3. SEVERABILITY.

SECTION 4. EFFECTIVE DATE.

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

SECTION 5. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley. 510
Ordinance No. XX-22 Page 5 of 5
PASSED, APPROVED, AND ADOPTED this 9th day of August, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___________
Randy Pope, Mayor
ATTEST:
____________________ _________________
Libby Vreonis, City Clerk Date
511
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Harumi Murata, Economic Development Analyst
SUBJECT: Authorizing an Invitation for Bid to Purchase the 204 Second Street Property ______________________________________________________________________ Background and Analysis
The former City Hall office building —also known as “Women’s Club House” or “White House”—locates a block to the east at 204 Second Street has been vacant since 2018.

The property has been subject to trespassing, tampering, vandalism, and has required occasional cleanup actions at sites, diverting resources from other efforts.

In accordance with the authorization by the City Council, this property was officially declared as “surplus” property, and in December 2021, staff notified local governmental agencies and affordable housing sponsors as required by State law and HCD following per Government Code Section 54220 of the property being deemed as “surplus”. Local agencies had 60 days to notify the City of their interest in the property, and there was no purchase interest from those who were informed by the City.

History
This building is one of the oldest buildings that represent institutions important in the early development of Oakley. In 1905, it was constructed as a congregational church; then, it was purchased by the Oakley Women’s Club from 1916 to 1999. In 2000, the ownership was transferred to the City from Oakley Women’s Club and subsequently served as Oakley’s first city hall and archive depository until 2018.

Downtown Specific Plan
The property locates in the “Downtown Support Area (DSA),” which borders the Downtown Core Area on the north, south, east and west, and; will contain businesses that do not compete with the Downtown Core Areas, and focus less on amenity-oriented forms of development. Development in the DSA area will also encourage pedestrian-oriented businesses through mixed-use development.

STAFF REPORT
Approved and Forwarded to the City Council
512
Invitation to Bid
One of the critical components of the Invitation to Bid will be the requirement of the bidders to propose an actual development plan, rather than submit a purchase price. The purpose of the Invitation to Bid is to solicit a concrete development plan as opposed to real estate speculation. While no minimum bid requirement has been set, the most recent appraisal report has valued the property at $399,488.

Bids are to be received prior to 2:00 PM on Wednesday, July 27th, and bids received will be presented to the City Council at the August 9th City Council Meeting. The Invitation to Bid document will clearly indicate that the City Council may reject any and all bids. The proposed Invitation to Bid packet is attached. As required by Title 2, Chapter 8 of the Oakley Municipal Code, we will publish the Invitation to Bid in the Contra Costa Times, include the notice on the City’s website and in the Oakley Outreach email blast, and we will provide it to area real estate brokers and developers.

Consistency with the Oakley Strategic Plan 27+
The recommendations included in this item are consistent with the following goals and objectives: The Community and Economic goal and Strategic and Thoughtful Growth (1) draw people downtown to live, work, and play, and (2) develop or sell City-owned properties based on community benefit.

Fiscal Impact
It is estimated that the City will spend approximately $300 on publication costs.

Staff Recommendation
Staff recommends that the City Council authorize staff to proceed with the Invitation to Bid.

Attachments

1. Title 2, Chapter 8 of the Oakley Municipal Code

2. Invitation to Bid packet
Exhibit A. Site Map and Photos
513
CHAPTER 8

DISPOSAL AND LEASE OF REAL PROPERTY
Article 1 SALE OF SURPLUS REAL PROPERTY

2.8.102 Applicability
The procedure set forth in this section shall be applicable to the disposal of real property owned by the City of Oakley and determined to be surplus and excess property no longer necessary for public purposes. The provisions of these rules shall not apply to the abandonment of streets or the vacation of easements owned by the City of Oakley and governed by the statutes of the State of California, nor shall the provisions of these rules apply to the termination, rejection or abandonment of offers of dedication pursuant to Section 66477.2 of the Government Code.

2.8.104 Determination of Surplus Property
a. All departments within the City of Oakley shall submit to the City Manager a report showing any real property in the possession, custody or control of such department that is no longer used and is otherwise surplus and excess for the needs of the department. If the City Manager finds that such real property is not required for any other public use, he/she shall so report to the City Council and the City Council may declare it surplus and cause to be prepared a written estimate of its market value. b. Prior to disposal of surplus real property by public sale, the City Manager shall provide written notice to public agencies in the manner prescribed by Section 54220 et seq. of the Government Code. c. The following procedures apply if the property is not purchased by a public agency pursuant to Section 54222 et seq. of the Government Code.

2.8.106 Manner of Disposal
a. The City Manager may dispose of any surplus real property which has an estimated market value of less than $5,000 without advertising for bids.
b. If the surplus real property has an estimated market value of $5,000 or more, the City Manager shall dispose of the property in the manner set forth herein and shall require City Council approval for final agreement of the sale.
c. If the parcel which is surplus real property is an uneconomic remnant such that it is not buildable by itself under the current zoning, then the City Manager may renegotiate a sale price with the adjoining property owner(s) without advertising for bids.
d. If the parcel which is surplus real property is a buildable parcel under the current zoning, and the combining of the parcel to an adjacent parcel would provide better development from a planning perspective than development of the surplus property by itself, then the City Manager may negotiate a sale with the 514
adjoining property owner(s). If an acceptable price (to the City) is not reached, then the City shall dispose of the property in the manner set forth herein.

2.8.108 City Personnel Prohibited
No City official, officer or employee shall bid or be financially interested in any bid for surplus real property sold in accordance with these rules.

2.8.110 Sale Procedures
The conveyance of surplus real property by the City shall be made to the highest responsible bidder who most closely meets the terms and conditions of the notice inviting bids pursuant to the following procedures:
a. A notice inviting bids shall be published at least once ten (10) days before the opening of the bids in a newspaper of general circulation in the City printed and published within Contra Costa County. The notice inviting bids shall include a legal description of the subject property, a vicinity map showing the general location of the subject property, the time and place of opening bids, and the terms and conditions for bids. b. Sealed bids, including a bid deposit of ten percent (10%) of the bid price, but not exceeding $10,000, shall be submitted to the City Clerk. Said bid deposit shall be in the form of cashier’s check, certified check or bidder’s bond executed by an authorized surety company. c. At the time and place fixed in the notice to bidders, all sealed proposals which have been received shall be publicly opened, examined and declared by the City Clerk. Of the proposals submitted which conform to all terms and conditions of the sale, the proposal which is the highest shall be referred to the City Council unless a higher oral bid is received or the City Manager rejects all bids, or if the Council determines that a lower bid is more responsive for the reasons specified in subsection (e) of this section. d. The City Manager may set a minimum acceptable bid amount and may reject any and all bids presented. e. In cases where the City wishes the surplus property to be developed or used in a manner to support specified economic development, retail, industrial or housing goals and policies, the notice inviting bids shall require bidders to specify end-uses for the property and the City may specify deadlines for the accomplishment of the end-use. Preference shall be given to the bid with the highest monetary purchase price which most closely accomplishes the end-use goals. As to all cases, the City and the purchaser shall enter into a purchase agreement approved by the City Council.
f. After opening bids, the City Clerk shall call for oral bids from those bidders tendering written proposals. If, upon the call for oral bidding, any responsible person offers to purchase the property, upon the terms and conditions specified and for a price exceeding the highest written proposal by at least five percent, then the responsible oral bid shall be received for presentation to the City Council if it meets the after-use criteria specified in subsection (e) of this section. Final receipt by the City Clerk shall not be made, however, until the oral bid is reduced to writing and signed by the offeror and an additional deposit in the amount of ten percent (10%) over the offeror’s original written bid is tendered, though not to exceed an additional $10,000. This 515
reduction of the bid to writing and submittal of deposit shall be completed within one business day (banking) after determination of the highest bidder has been announced by the City Manager, or the offeror shall forfeit his/her bid deposit.
g. Unless otherwise specified in the notice to bidders, sale of surplus property shall be completed in an escrow of the City’s choice. All successful bids shall be incorporated into a sale and purchase agreement to be approved by the City Council.
h. The successful bidder shall close escrow as specified in the purchase agreement. i. All bidders’ deposits shall be retained until escrow closes. If the apparent purchaser fails to complete the transaction and to close escrow, then the City may enter into a purchase agreement with the next lowest monetary bidder who most closely meets the requirements of subsection (e) of this section and retain the original apparent purchaser’s deposit.
(Sec. 2, Ordinance No. 02-12, adopted May 8, 2012)

2.8.112 Deed – Additional Costs
(Repealed by Ordinance No. 02-12, on May 8, 2012)

2.8.114 Funds
(Repealed by Ordinance No. 02-12, on May 8, 2012)

2.8.116 Effect On Validity
(Repealed by Ordinance No. 02-12, on May 8, 2012)

2.8.118 Forms
(Repealed by Ordinance No. 02-12, on May 8, 2012)
Article 2 UNCLAIMED PROPERTY

2.8.202 Disposition of Property – Generally
All property found in this City whose ownership is unknown or unclaimed shall be delivered to, and held and disposed of by the City Manager, as herein provided.

2.8.204 Retention Period
516
All such unclaimed property described above shall be held by the City for a period of at least four months, except that unclaimed bicycles shall be held for a period of at least three months.

2.8.206 Restoration to Owner
The Chief of Police shall attempt to ascertain the owner of such property and shall restore the same to him/her, if found, upon proof of ownership satisfactory to the Chief and payment of costs herein provided.

2.8.208 Storage Charges
The City Manager shall establish a schedule of storage charges for property held as herein provided, based upon the amount of space and care required to preserve the property, but small articles held for short periods may be restored to their owner without charge. Record shall be kept of the actual cost of locating the owner of such property, including advertising costs, if any. Such charges and costs shall be paid to the City by the owner as provided in Section 2.8.206.

2.8.210 Disposition of Automobiles
Any unclaimed automobiles shall be disposed of as provided in the California Vehicle Code Section 22851.2 et seq.

2.8.212 Disposition of Stolen or Embezzled Property
All property described in Section 1411 of the California Penal Code which comes into the possession of the Chief of Police shall be disposed of by the Chief of Police in the manner provided in this article.

2.8.214 Public Auction
If within four months (or three months, in the case of bicycles) such property remains unclaimed or the charges thereon have not been paid, the City Manager may sell the same at public auction to the highest bidder for cash in lawful money of the United States. The Chief of Police shall give notice of the time and place of sale, describing the property, by publishing such notice one time in the official newspaper of the City or if there is no such official newspaper, the posting of said notice in at least three public places in the City, at least five days before the time fixed for the sale. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the City Manager. If the City Manager determines that any such property is needed for public use, such property may be retained by the City and need not be sold.

2.8.216 Proceeds of Sale
All proceeds from such sales shall be deposited in the general fund of the City.

Article 3 ALTERNATE LEASING PROCEDURE

2.8.302 Resolution of Intention
517
a. Except as otherwise provided in this section, before ordering the lease of any real property belonging to the City, the City Council shall, in a regular open meeting by a two-thirds vote of all its members, adopt a resolution declaring its intention so to lease and calling for bids thereon. b. The resolution shall:
1) Describe the property sufficiently to identify it;
2) Specify either the terms of the lease, including minimum rent, or refer to a proposed form of lease filed in the City Clerk’s office containing that information; and 3) Fix a time, at least three weeks thereafter, for a public meeting of the Council at its regular place of meeting, for receipt and consideration of sealed proposals for the lease.

2.8.304 Notice
a. Notice for the resolution and meeting shall be given by posting certified copies of the resolution in at least three public places in the City for at least 15 days before the meeting’s date and by publishing notice of the call for bids for at least two weeks in a newspaper of general circulation published in the City. b. Notice shall also be mailed or delivered at least 15 days prior to accepting offers to lease pursuant to this section to any person who has filed a written request for notice with either the City Clerk of the City Council or with any other person designated by the Council to receive such requests. c. The notice required by this section shall describe the property proposed to be leased, the term of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed, and any City officer authorized to execute the lease.

2.8.306 Written and Oral Bids
At the time and place fixed, in open session, the City Council shall open and examine all sealed written proposals and declare those that are from responsible bidders and that conform to the terms and conditions in the resolution. The Council shall then call for similar oral bids exceeding by at least 5% in rent the highest such written proposal.

2.8.308 Final Acceptance or Rejection
At the same meeting or at any adjourned session thereof, the Council shall consider all such proposals and bids and shall by resolution either accept the highest bid or reject them all and withdraw the property from lease.

2.8.310 Execution of Lease Authorized By Resolution
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Any Council resolution accepting any bid shall authorize and direct the Mayor to execute a lease and to deliver it upon lessee’s performance of and compliance with all the terms or conditions of the contract to be preformed concurrently therewith.

2.8.312 Exclusion From Bidding Procedure
a. Any proposed lease of not more than five years, nonrenewable duration, and having an actual monthly rental not exceeding $1,000 is excluded from the bidding procedure required by this section, except that notice shall be given pursuant to Government Code Section 6061, posted in the office of the City Clerk. Additionally, if the lease involves residential property, notice shall be given to the housing sponsors as defined by Sections 50074 and 50074.5 of the Health and Safety Code.
b. The notice required by this section shall describe the property proposed to be leased, the term of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed and any City officer authorized to execute the lease.

2.8.314 Exceptions
This section provides an alternative leasing procedure only for real property that otherwise must be leased in accordance with Government Code Sections 25526 to 25535; it does not apply to real property leased pursuant to Government Code Section 25536.

Article 4 ALTERNATIVE REAL PROPERTY PURCHASE AND ACCEPTANCE PROCEDURE

2.8.402 Authority of Public Works Director
The Board of Supervisors authorizes the City Manager or his or her designee to perform all acts necessary to approve and accept for the City the acquisition of any interest in real property where the purchase price for such interest does not exceed $25,000. Such acquisitions shall only be approved and done in accordance with current appropriated budget accounts and applicable regulations. The City Manager shall report quarterly to the Council on acquisition(s) done pursuant to this section, including the interest acquired, its price, area and necessity for the purchase.

2.8.404 Recording
For purposes of this chapter, if the real property interest to be accepted is in the form of a recordable document, the City Manager or his or her designee deputy shall accept the real property interest for recordation pursuant to California Government Code Section 27281 and shall promptly file such real property interest with the County Recorder for recording.
519
Invitation for Sealed Bid
for the Real Property Described as
204 SECOND STREET
(APN 035-132-002)

CITY OF OAKLEY, CA
520

INVITATION TO BID
The City of Oakley invites sealed bids for the purchase of 204 2nd St property located in Oakley, Contra Costa County, California. The property is described as APN 035-132-002 located in the Downtown Specific Plan-Downtown Support Area. A mix of commercial/ service uses or infill residential development is encouraged, consistent with the preferred distribution indicated on the Downtown Specific Plan Subarea map.

The bid packet can be obtained by emailing Harumi Murata, Economic Development Analyst, at [email protected]

DESCRIPTION OF THE PROPERTY
The 1,548 square feet vacant building on the 4,100 square feet of land formerly used as City Hall office building —also known as “Women’s Club House” or “White House”— locates a block to the east at 204 Second Street. It is identified on the Contra Costa County Tax Assessor’s Records as APN 035-132-002.

The property has been subject to trespassing, tampering, vandalism, and has required occasional cleanup actions at sites. Seller shall have no obligation to make any structural or extraordinary repairs or capital improvements to the premises between the execution date and the date of settlement. The subject property will be sold “as is.” Utilities
All utilities and services, including water, sewer, electricity, gas and telephone are available. Coordination with the specific utilities is recommended to determine what final connections, extensions, and fees would be required for the remodeling and repair project.

Zoning
The property locates in the “Downtown Support Area (DSA),” which borders the Downtown Core Area on the north, south, east and west, and; will contain businesses that do not compete with the Downtown Core Areas, and focus less on amenity-oriented forms of development. Development in the DSA area will also encourage pedestrianoriented businesses through mixed-use development. Downtown Specific Plan and policies can be found at the following link:
https://www.ci.oakley.ca.us/wp-content/uploads/2015/09/2017-September-OakleyDSP_Final.pdf A mix of commercial and infill residential development is encouraged, consistent with the preferred distribution indicated on the Downtown Specific Plan Subarea map. Preferred use can be found https://www.ci.oakley.ca.us/wp-content/uploads/2015/09/2017- September-Oakley-DSP_Final.pdf (p. 67) It may still be appropriate if consistent with the Downtown Specific Plan objectives as determined by the Community Development Director given the site context and/or the specifics of the development proposal. 521

SPECIAL CONDITIONS

1. The subject property will be sold "as is."

2. The City will pay no broker's fee, finder's fee, commission, or other compensation to any party claiming to counsel or represent any proposer regarding the sale of the subject property or consummation of the lease hereinafter described.

3. No representations will or have been made by the City that the subject property meets all the ordinances, regulations, or laws governing bidders' proposed development of the property.

4. Any use of the subject property will be in compliance with all relevant laws and regulations, including Title VI of the Federal Civil Right Act of 1964, as amended, i.e., without discrimination as to race, color, or national origin.

5. No billboard, sign, or other outdoor advertising devices shall be erected upon the subject property other than those indicting ownership or on-premise advertising and shall be subject to reasonable restrictions with respect to number, size, location, and design by regulation of the City of Oakley, subject to local zoning ordinances.

6. Any public utilities or municipalities having facilities under, over, or through the subject property as of the date of its conveyance to the selected bidder shall have the right and easement to continue to maintain, operate, and renew their facilities within the subject property.

7. This invitation to Bid is based upon the requirements of Title 2 Article 8 of the Oakley Municipal Code.

8. Sale of this property is subject to and contingent upon the execution of a Purchase Agreement with the City of Oakley.

9. The development plan proposed in the winning bid must be substantially complete within 18 months of closing on the property.
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INSTRUCTIONS TO BIDDERS
General
Sealed bids will be accepted no later than 2:00pm on Wednesday, July 27th 2022, at which time they will be opened public by the City Clerk.

Emailed for faxed bids will not be accepted. Al bids must be delivered in a sealed envelope and clearly marked as follows:

City of Oakley
Attn: Harumi Murata
3231 Main Street, Oakley, CA 94561
Invitation to bid: “204 2nd St”
While no minimum bid requirement has been set, most recent appraisal report has valued the property at $399,488. The City reserved the right to reject any and all bids and for any reasons.

Bid Surety and Closing
The bid must be accompanied by the enclosed Offer to Purchase form, duty executed, and a cashier’s or certified check in the amount of Ten Thousand Dollars ($10,000) made payable to the “City of Oakley” as a good faith deposit to be credited towards the final purchase price. This check will be forfeited if the winning bidder fails to execute a Purchase and Sales Agreement with the City of Oakley within sixty (60) days from the date the winning bidder is notified in writing that the bid was accepted by the City Council.

Should the City Council reject the bids, the bidders’ deposit checks will be promptly returned.

Development Plans and Timeline for Improvements
In addition to the proposed purchase price, the City shall evaluate and consider the bid and proposal that best meets the City’s desire for a successful, attractive development at the property after the sale. The purchase of this sale is not for buyers’ land speculation, but for some near-term (within 18 months) vertical development. Restated, the City Council intends on awarding a contract to the bidder with the highest price offered but also one that submits a conceptual development plan that closest meets the City’s expectations of quality community and economic development.

Questions and Information
Questions must be submitted by email to [email protected] by July 17, 2022.

Responses will be distributed to those who requested bid packets by July 18, 2022. 523

OFFER OF PURCHASE FORM
On this date and in accordance with the terms and conditions set forth in the Invitation to Bid, this offer is submitted to purchase all or a portion of the real property known as 204 2ND ST (APN 035-132-002) in Oakley, Contra Costa County, California, which is 1,548 square feet building on the 4,100 square feet (0.09 acres) of land area.

Purchase Amount
Written Amount
In addition, as required by the terms of the offering, a bid surety in the amount of Ten Thousand Dollars ($10,000) in the form of a cashier's or certified check made payable to "The City of Oakley" is enclosed.

REQUIRED: Attach to this form a description of no more than five (5) pages that details what your conceptual plans are to further develop the property and that outlines a timeline for those improvements. You may include company information and references and any other information that demonstrate your capacity to successfully complete your development proposal.

This offer is made and surety submitted on behalf of:

Proposers Name
Business Name
Address
City, State, Zip Code
Telephone Number
Email Address
Signature Printed Name
Signature Printed Name
Witness
Signature Printed Name
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Exhibits A.

Site Map
Downtown Zoning Designations
525
Property Photos
526
527
DATE: July 12, 2022
TO: Joshua McMurray, City Manager
FROM: Harumi Murata, Economic Development Analyst
SUBJECT: Authorize staff to issue the Request for Proposal (RFP) for Consultant Services for the Economic Development Work Plan Update and Request to Establish an Ad-Hoc Committee to Review RFP Applications ______________________________________________________________________ Background and Analysis
The City of Oakley has experienced steady growth since its incorporation in 1999, and many steps have been taken to help with the overall economic development of the community. Along with the numerous capital projects and other programs to foster economic growth over the last 20 years, there have been specific policy documents developed: In 2002, the City adopted an Economic Development General Plan Element; in 2009, the City completed an Economic Development Assessment. The most recent Economic Development Work Plan (2016-2017) was re-adopted in 2016, which originates from the 2014-2015 Economic Development Work Plan.

The Work Plan outlined the key goals and elements of the Economic Development effort moving forward as follows:
1) Prepare the City of Oakley to be a competitive location for the attraction of new business opportunities and investment in the community
2) Create a comprehensive marketing program
3) Provide tools and resources to help existing Oakley businesses grow and succeed 4) Facilitate new business opportunities and new investments in the community 5) Improve the look and feel of the City while maintaining its small-town character During the City Council’s visioning process in which the above were developed, several key Economic Development priorities were also identified, including:
 Strategically plan and pursue commerce that meets the new service demands of local residents and attracts customers as a destination  Encourage business development and maintain high-quality and unique businesses  Develop a plan for the regional workforce that generates primary jobs.

This project should result in economic development initiatives, strategic priorities, and a set of related action plans that will produce measurable results within the next five (5) years.

STAFF REPORT
Approved and Forwarded to the City Council
528
Sustainability Impact
As part of the Work Plan Update process, existing primary goals and guiding documents, including the Economic Development Work Plan, 2022 General Plan Update, Oakley Strategic Plan 2022-27+, and the Oakley Commercial Land Analysis prepared by MJB Consulting, will be reviewed and incorporated into the Updated Economic Development Work Plan when applicable.

RFP Review
Two (2) Councilmembers and three (3) staff members consisting of the City Manager, the Director of Community Development, and the Economic Development Analyst will represent a review team.

Applications for the consultant services to be submitted by 3:00 pm on August 12, 2022.

Additional information about the program and process is available on the following webpage: https://www.ci.oakley.ca.us/
Consistency with the Oakley Strategic Plan 27+
The actions included in this item are consistent with the following goals and objectives:
 Community and Economic Development Goal
Strategic and Thoughtful Growth Objective: strategically plan and thoughtfully align the City’s commercial and industrial growth to meet both its short and long-term goals.

Fiscal Impact
There is no fiscal impact associated with this project as the adopted budget includes the City’s ARPA allocation. If approved, this item would allocate $50,000 of ARPA funds. The goals and action items in the Updated Work Plan will have their own budgetary impact and will be accounted for in the upcoming Economic Development budget.

Staff Recommendation
Staff recommends that the City Council (1) allocate $50,000 for this project and authorize staff to proceed with the preparation of the Request for Proposal (RFP) for consultant services, and (2) the City Council establish an ad-hoc committee and designate two representatives to serve on the review committee for the RFP applications.

Attachments

1. Request for Proposal (Draft)

2. 2016-2017 Economic Development Work Plan
529
Request for Proposal
Economic Development Work Plan Update

CITY OF OAKLEY, CA
Release Date: July 13, 2022
Deadline for Submissions: August 12, 2022
530

INTRODUCTION
The City of Oakley (City) is seeking proposals from qualified individuals or firms to provide professional services to the City to facilitate a comprehensive public process and prepare a 5-year Economic Development Work Plan Update. This work plan is expected to update the previous Work Plan, and identify and recommend specific implementation actions that the City should take to achieve and boost long-term economic growth, promote economic diversification within the community, and leverage the strengths of the tourism industry.

The successful bidder will work closely with Economic Development staff and community partners to develop goals and objectives with achievable strategies.

PROJECT OVERVIEW
The City of Oakley has experienced steady growth since its incorporation in 1999, and many steps have been taken to help with the community's overall economic development.

Along with the numerous capital projects and other programs to foster economic development over the last 20 years, there have been specific policy documents developed: In 2002, the City adopted an Economic Development General Plan Element; in 2009, the City completed an Economic Development Assessment. The most recent Economic Development Work Plan (2016-2017) was re-adopted in 2016 which originates from the 2014-2015 Economic Development Work Plan.

The Work Plan outlines the key goals and elements of the Economic Development effort moving forward in the next fiscal year. It is anticipated that the plan will be annually reviewed and adapted to meet the evolving needs of the community as carried out.

The Work Plan Goals are shown as follows:

1. Prepare the City of Oakley to be a competitive location for the attraction of new business opportunities and investment in the community

2. Create a comprehensive marketing program

3. Provide tools and resources to help existing Oakley businesses grow and succeed

4. Facilitate new business opportunities and new investments in the community

5. Improve the look and feel of the City while maintaining its small-town character The major objective of this project is to update the City's Work Plan from 2016 to reflect current and long-term economic development strategies, opportunities, and challenges.

The updated Economic Development Strategic Plan will provide the City and community stakeholders with a framework to budget resources and utilize staff capacity to achieve the recommendations of the strategy, with an emphasis on programs and policies that facilitate head-of-household job creation.

The City seeks to attract new industries and create jobs in order to boost revenue, remarking competitiveness, attract new residents and provide opportunities for existing ones.
531
Prospective consultant(s) should recognize the City's vision of establishing a Tech Corridor and related Spaceport elements within the overall analysis/plan and will be expected to evaluate resources and identify implementation measures that are effective and achievable in the context of the overall strategy.

PROPOSAL SUBMITTAL REQUIREMENTS
Consultants shall submit a proposal with a cover letter, resumes, and references. The proposal shall be organized in the following format and shall include the information in the below outline:

I. Cover Letter
The cover letter must be signed by an officer of the firm authorized to execute a contract with the City. The primary contact should be identified and phone number, email, and mailing addresses should be provided.

II. General Qualifications
The consultant shall provide a summary of the consultant's qualifications, general information about the firm, location of office(s), years in business, and areas of expertise. The consultant shall provide a brief description of projects that involve a similar scope of services.

III. Key Staff
The consultant shall identify key staff and include a description of their abilities, qualifications, and experience. Attach resumes of key staff that will be assigned to this project. Include a proposed project management structure and organizational chart. Identify any portion of the scope of work that would be subcontracted. Include firm qualifications (brief) and key personnel, telephone number, email address, and contact person for all subcontractors.

The City reserves the right to approve or reject all consultants, internal staff performing consulting services, or sub-consultants proposed by the consultant.

IV. Project Workplan
Consultant shall describe its understanding of the project, detailed work approach, and methodology. Consultant shall expand on the scope of work if appropriate to accomplish the overall objective of the project, and provide suggestions that might enhance the results or usefulness of the study.

Include assumptions about the number of meetings needed with City staff and other stakeholders to complete the Scope of Work. Consultant shall provide an example of a similar study prepared by the firm or proposed team. Consultant shall also include a schedule of work.

V. References
532
Consultant shall provide a list of references for the firm and any sub-consultants, including the names, addresses, email addresses, and telephone numbers of recent clients, preferably other public agencies for which consultant has done similar work.

Include a list of specific projects associated with each reference, date work was performed, cost, and key personnel involved.

VI. Budget
The cost proposal shall include all labor costs, overhead costs, sub-consultant costs, and an itemized list for direct expenses. Costs must be shown in a City of Oakley RFP for Economic Development Work Plan Update matrix format by task grouping, and show hours per staff member, base labor rates, overhead, and profit rates.

VII. Disadvantaged Business Enterprises (DBE's)
Consultant shall make a good-faith effort to include certified DBE firms as subconsultants. If no DBE firm is utilized, the consultant's proposal shall describe the good-faith efforts that were taken in an attempt to include a certified DBE for the completion of one or more tasks associated with the scope of work.

CONSULTANT SELECTION PROCESS
The basic elements of the Consultant selection process are as follows:

A. Evaluation of Submittals
The proposals will be evaluated and ranked by the City. The selection will be made directly from the qualified list. Proposals will be evaluated on various qualifications, including but not necessarily limited to the following:
Knowledge and experience of key staff
Availability of key staff personnel and resources
Experience and demonstrated competence on similar projects Understanding of project scope
Cost
The City will notify all consultants that submit proposals of the evaluation results upon award of the contract. Top ranked firms will be invited to an interview with City staff. 533

PROPOSAL SUBMISSION
Consultant shall submit their proposal to the City. Proposals shall be received no later than 3:00p.m. on Friday, August 12, 2022, at the following address:

City of Oakley
Attn: Harumi Murata
3231 Main Street, Oakley, CA 94561
Email: [email protected]

QUESTIONS AND INFORMATION
Questions must be submitted by email to [email protected] by August 11, 2022. 534
City of
Oakley
Economic 2016 - 2017
Development
Work Plan

535
The City of Oakley has experienced steady growth since its incorporation in 1999 and many steps have been taken to help with the overall economic development of the community. Along with the dozens and dozens of capital projects and other programs to foster economic development over the last 16 years, there have been some specific policy documents developed: In 2002, the City adopted an Economic Development General Plan Element; In 2009, the City completed an Economic Development Assessment; and in 2010, the City adopted an Economic Development Work Plan.

In 2014, the City hired a full-time Economic Development Manager and created a 2014 – 2015 Economic Development Work Plan. As Oakley has continued to grow and develop, an updated 2016 – 2017 Work Plan is needed to meet the current needs of the community and businesses in Oakley.

The Work Plan Goals are shown as follows:

1. Prepare the City of Oakley to be a competitive location for the attraction of new business opportunities and investment in the community

2. Update the City marketing program

3. Facilitate new business opportunities and new investment in the community

4. Provide tools and resources to help existing Oakley businesses grow and succeed

5. Improve the look and feel of the Downtown and Main Street corridor while maintaining its small town character
Executive Summary
536
Prepare the City of Oakley to be a competitive location for the attraction of new business opportunities and investment in the community
Update the City marketing program
Facilitate new business opportunities and new investment in the community
Provide tools and resources to help existing Oakley businesses grow and succeed
Improve the look and feel of the Downtown and Main Street corridor while maintaining its small town character
Goals
537
Goal # 1
Prepare the City of Oakley to be a competitive
location for the attraction of new businesses and
new investment
A proactive approach to Economic Development involves laying the groundwork to prepare for the attraction of new businesses and new investment in the community.

The first step in this process involves identifying sites that have the most potential for new development or for the expansion/location of existing businesses. Maintaining an inventory and marketing these sites will allow for increased visibility from the development and business community.
Implementation Elements
 Update and maintain the inventory of sites for new development listed on OppSites
 Identify and maintain an inventory of vacant commercial space available for expansion/location on the Economic Development web page  Partner with Building, Planning & Code Enforcement to coordinate and streamline development and permit activities
538
Goal # 2
Update the City marketing program
With the continuing work of preparing the City to be a competitive location, an ongoing marketing program is needed to “spread the word” of Oakley as a desirable location for new businesses and new investment. The marketing program will be updated to highlight Oakley’s advantages through printed materials and on the Economic Development webpage.
 Implementation Elements
 Update printed materials that promote the City to new investment. Materials to include the following:
 City promotional piece
 Demographics
 Traffic Counts
 Residential Development Activity
 Update the Economic Development pages on the City’s website 539
Goal # 3
Facilitate new business opportunities and new
investment in the community
Attracting new development and new businesses to the City is a key component of any Economic Development program. Preparing the City (Goal #1) and marketing the City (Goal #2) will pave the way for success in attracting new businesses and investment.

Attraction activities center on the land that will be developed or the existing buildings that will house a new business/tenant. Identifying real estate with the most potential involves outreaching and developing relationships with realistic and motivated property owners. In addition, outreach and relationships with the development and brokerage community is a key component for attraction efforts.
 Implementation Elements
 Identify real estate with most development potential
 Identify, develop and strengthen relationships with realistic and motivated property owners
 Further develop outreach efforts to development and brokerage community through semi-annual luncheons
 Partner with Claremont Companies to further new investment on the former DuPont property
 Partner with regional organizations/initiatives including East Bay EDA and the East Bay Leadership Council
 Contact prospective retailers through “cold calls” on a monthly basis 540
Goal # 4
Provide tools and resources to help existing
Oakley businesses grow and succeed
A majority of new jobs created in a community comes from the expansion of existing businesses. Providing the tools and resources that existing Oakley businesses need to grow and expand is crucial to the Economic Development effort.  Implementation Elements
 Enhance relationships with the business community through:
 Annual business survey
 Company visit outreach program – Oakley VIB (Very Important Business)  Continue to strengthen the partnership with Oakley Chamber of Commerce  Provide tools to promote local businesses through the “Shop Oakley” campaign, Oakley business coupon book, and local fishing tournaments  Continue to implement and expand the Oakley Entrepreneur Development Program
 Establish the Oakley Entrepreneur Incubator space and associated programs  11-week Entrepreneur Business Plan Training class
 Semi-Annual Entrepreneur Training class business plan follow-up 541
Goal # 5
Improve the look and feel of the Downtown and
Main Street corridor while maintaining its small
town character
The “look and feel” or “sense of place” are key elements that the Economic Development program will work to convey in its attraction efforts. As Oakley continues to grow as a new city, the Downtown and Main Street corridors are key to conveying the image and vision that Oakley is working towards. Attracting new investment to the City and retaining existing businesses is linked to the image that the City conveys. Economic Development efforts will work to improve the look and feel of Downtown and the Main Street corridor, while still maintaining the small town character that Oakley does not want to lose in the push for new growth.  Implementation Elements
 Continue to promote the Downtown Revitalization Loan Program to facilitate building renovations in the downtown area
 Identify and outreach to possible entities that could create events in the downtown that engage and meet the needs of the community and promote local businesses
 Partner with the Planning Department to identify and capitalize on opportunities that could be realized from the anticipated train platform in Downtown  Facilitate in bringing an upscale coffee and other “mom and pop” type of shops to Downtown
542
DATE: July 12, 2022
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Introduction to the Yellow Roof Foundation and discussion about a potential affordable housing project at 4981, 4901 and 4911 Teakwood Drive (APN’s: 035-322-019, 035-322-020, 035-322-021) ______________________________________________________________________ Background and Analysis
The City is in the process of disposing of several surplus properties. In September 2021, Staff brought an item forward that identified surplus properties and asked the City Council for authorization to move forward with the notification process as required by AB 1255 and AB 1486. Essentially, the notification process allows affordable housing developers to show early interest and requires the City to negotiate in good faith in the hopes of disposing of the property, in the event an affordable housing developer submits a Letter of Intent (LOI). That authorization from September 2021 was granted for the properties which are the subject of this report. During that notification, the City received a LOI from the Yellow Roof Foundation (YRF). The YRF, according to their website, is a non-profit public charity, founded in 2018 by Dave and Lori Sanson, owners of Concord-based DeNova Homes, Inc., the Yellow Roof Foundation is working to build affordable rental housing opportunities for families and individuals at risk for homelessness.

As part of the notification process and subsequent negotiation period that is required by Law, the City really only has one area in which we can control and that is the purchase price. The City does not have to accept anything less than Fair Market Value. The current LOI, attached to this report, shows an offer of $300,000 for the 3 parcels. The YRF would like to purchase the lots to construct deed restricted affordable housing in the form of a single-family residence on each lot with each home having an attached Accessory Dwelling Unit (ADU). A concept plan including a floor plan and elevation is attached to give perspective to what the YRF is intending to construct. They intend to build what would look like a more traditional one-story home with a slightly higher roof

STAFF REPORT
Approved and Forwarded to the City Council
543
line, which allows them to tuck the ADU on a true second floor, without the bulk and scale of a traditional two-story home.

Staff had the three properties appraised and the appraisal revealed the following values:
 4891 Teakwood Dr. $173,000
 4901 Teakwood Dr. $189,500
 4911 Teakwood Dr. $200,000
In total, the City believes the Fair Market Value (FMV) of the three parcels collectively is $562,500. In our discussions with the YRF, the City has made it clear that our priority is to maximize value on our surplus land, where it makes sense, and that reasoning relates to the many projects the City does not have funding for. Since these three parcels are vacant and ready for development, there has been a reluctance to accept anything less than FMV.

Staff is bringing this item forward so the YRF can introduce themselves formally and describe the project and the benefit of their potential project to the community.

The concept of affordable housing and the project as conceptually proposed does address the affordable housing issue that exists within the City and these units would count towards the units the City needs to plan for in this next Housing Element cycle.

Staff is looking for direction to either proceed with the YRF or cease those discussions and put the properties out on the open market.

Consistency with the Oakley Strategic Plan 27+
The discussion is consistent with the Community and Economic goal of Strategic and Thoughtful Growth.

Fiscal Impact
There is no fiscal impact associated with this discussion item. The City does have the potential to realize $300,000 of revenue from the sale of the three parcels under the proposal submitted by the YRF.

Staff Recommendation
Staff is looking for direction to either proceed with the YRF or cease those discussions and put the properties out on the open market.

Attachments

1. Yellow Roof Foundation Letter of Intent

2. Concept Floor Plan and Elevations
544
545
546
547

DENOVA HOMES

SECOND FLOOR PLAN FIRST FLOOR PLAN

FIRST FLOOR

SECOND FLOOR ADU
2-CAR GARAGE
1225 SQ. FT.
662 SQ. FT.375 SQ. FT.
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RANCH ROOF PLAN
.-.1-1
0 2' 4' 6' 8' 16'

RANCH ELEVATION
___ __, _____ .. ____ ..
1 1-1 1-
11 I_ l_ll

RANCH REAR ELEVATION
-------------------------------i
I
'
26'-7"

RANCH LEFT ELEVATION
0 1' 2' 3' 4'
8'
SOG Architects, Inc. II 3361 Wah.of Blvd. Suite 120
Brentwood, CA 94513
925.634.7CXXl I sdga-mfecisinc.com orci>tects
551

Oakley City CouncilJuly 12, 2022

Oakley City Council
July 12, 2022