Agenda packet — Oakley City Council, January 24, 2023

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY

COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY

REDEVELOPMENT AGENCY AND SPECIAL MEETING OF THE OAKLEY

PUBLIC FINANCING AUTHORITY
Tuesday, January 24, 2023
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.

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

MISSION STATEMENT: The City of Oakley will create a resilient future that fosters and attracts a vibrant and evolving community that welcomes and values all people.

VISION STATEMENT: The City of Oakley celebrates our unique Delta lifestyle and small-town feel where we Live in a safe, dynamic community, Work together to build the future, and Play in our own backyard.

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road.

Agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us.

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000.

The City of Oakley provides social media options to stay connected to City Hall through Facebook, Twitter, Next Door and Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the City's website, and by emailing [email protected].

If you have a physically challenging condition and require special accommodations, please call the City 1 Clerk’s office at (925) 625-7000.

Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video.

Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City’s jurisdiction. In compliance with State law, the council may not take actionor have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment.

PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at
https://www.ci.oakley.ca.us/online-public-comment-card/.

1.OPENING MATTERS

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

1.2 Pledge of Allegiance to the Flag (JROTC students)

1.3 Proclamation Recognizing January as Human Trafficking Prevention Month (Katrina Natale, Human Trafficking Task Force Director) Proclamation

2.PUBLIC COMMENTS
At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items.

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

3.1 Adopt a Resolution approving a side letter to the Oakley Police Officers Association Memorandum of Understanding (Jeri Tejeda, Human Resources Director)
Staff Report

1. Resolution

2. Side letter Red-lined

3. Signed Side Letter

3.2 Acceptance of work associated with the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project Number 288 (Kevin Rohani, P.E., Public Works Director/City Engineer)
Staff Report

1. Resolution

2. Notice of Completion

3.3 Adopt a Resolution Approving a Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2023 through June 2024 (Tim Przybyla, Finance Director)
Staff Report

1. Resolution

2. Recognized Obligations Payment Schedule for Fiscal Year 2023/2024

3. Administrative Budget for Fiscal Year 2023/2024

3.4 Adopt a Resolution adding standby pay to the approved compensation package (Jeri Tejeda, Human Resources Director)
Staff Report

1. Resolution

4.PUBLIC HEARINGS

4.1 (Continued from October 11, 2022) Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager)
Suggested Action: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Waive the First Reading and Introduce the Ordinance
3 Staff Report

1. Minutes from October 11, 2022 City Council Meeting (Applicable to Item only)

2. Staff Report from September 13, 2022 City Council Meeting (without attachments)

3. Minutes from September 13, 2022 City Council Meeting (Applicable to Item only)

4. Staff Report from May 24, 2022 Work Session (without attachments)

5. Proposed Ordinance with Tracked Changes from September 13, 2022 Version

6. Proposed Ordinance

5.REGULAR CALENDAR

5.1 Appeal of Hearing Officer's Decision Regarding the Illegal use of Fireworks (Libby Vreonis, City Clerk / Kim Snodgrass, Deputy City Clerk) Staff Report

1. Administrative Citation dated July 6, 2022

2. Request for Appeal of Administrative Citation

3. Hearing Officer’s Order to Continue

4. Hearing Officer’s Decision

5. Request for Appeal of Hearing Officer’s Decision

6. Statements from neighbors

7. Notice of Hearing

6.REPORTS

6.1 CITY MANAGER
(a) City Manager

6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

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

7.WORK SESSION

7.1 Work Session – Library Initial Feasibility Analysis (Joshua McMurray, City Manager)
Staff Report
4 1. Initial Feasibility Analysis for Oakley Library Mixed-Use Project

2. Staff Report dated April 26, 2022

8.CLOSED SESSIONS

8.1 CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957

8.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 204 2nd Street, Oakley, CA, APN 035-132-002
Agency Negotiator: Joshua McMurray, City Manager
Negotiating Party: Juli Del Barba Favalora
Under Negotiation: Price and term of payment

9.ADJOURN
5 P R O C L A M A T I O N
Proclaiming January 2023 as
“Human Trafficking Prevention Month in Oakley”
WHEREAS, human trafficking is a form of interpersonal violence in which force, fraud or coercion is used to control victims for the purpose of commercial sexual and labor exploitation; that occurs in many industries and affects individuals of all genders, ages and backgrounds; and
WHEREAS, human trafficking is a lucrative and fast-growing criminal industry which relies upon exploitive and sometimes violent tactics to target vulnerable members of our communities; and WHEREAS, the crime of human trafficking violates an individual's privacy, dignity, security and humanity due to the systematic use of physical, emotional, sexual, psychological, and economic exploitation, control and abuse; and WHEREAS, the impact of human trafficking is wide-ranging, affecting foreign nationals as well as U.S. citizens, and society as a whole; and though awareness and concern around this industry has grown in recent years, human trafficking is consistently underreported; and
WHEREAS, in 2020, 16,658 human trafficking victims were identified nationwide through reports to the National Human Trafficking Resource Center, and California led all other states in reported cases of human trafficking, accounting for nearly 13% of all such reported cases; and
WHEREAS, the County’s Alliance to End Abuse convened the Contra Costa Human Trafficking Coalition with the aim of strengthening the County’s comprehensive response to human trafficking initiated by county departments, law enforcement agencies, and numerous community-based organizations; and WHEREAS, the Contra Costa Human Trafficking Task Force, jointly led by Community Violence Solutions and the District Attorney’s Office, strives to proactively identify and provide services to survivors, investigate and prosecute all forms of human trafficking, and build capacity within the Task Force and the communities it serves to respond to and prevent human trafficking using a collaborative approach involving its more than 35 multidisciplinary partners; and WHEREAS, In Contra Costa County between 2019 and 2021, 108 cases of sex and labor trafficking were investigated, 207 suspected victims of human trafficking were identified, and the District Attorney filed 42 human trafficking cases through the collaborative efforts of partners to the Contra Costa Human Trafficking Task Force; and WHEREAS, the County of Contra Costa is working to raise awareness of human trafficking with the belief that a more informed public will better understand how their behavior contributes to a patriarchal culture that facilitates and tolerates the systemic abuse of vulnerable populations; and will take action to combat and prevent human trafficking NOW, THEREFORE, I, Aaron Meadows, Mayor of the City of Oakley, on behalf of the City Council, do hereby declare January 2023 as “Human Trafficking Prevention Month in Oakley.”

January 24, 2023
Aaron Meadows, Mayor
6 DATE: January 24, 2023
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt a Resolution approving a side letter to the Oakley Police Officers Association Memorandum of Understanding
______________________________________________________________________ Background and Analysis
The memorandum of understanding (MOU) with the Oakley Police Officers Associations (OPOA) was approved at the May 24,2022 council meeting.

The MOU is a five-year document, starting July 1, 2022 and expiring June 30, 2027.

From time to time and if agreed upon by both parties, there may be a need for updated language to help clarify an intent of an item, or to ensure consistency on how things are applied. When these are identified, we will look to improve upon the language in the form of a side letter.

After a recent compensation review by CalPERS it was determined that the Holiday for Employee Birthday is not reportable compensation to CalPERS as it is not a recognized holiday. The intent of the MOU was to provide 14 paid holidays that were reportable to CalPERS as compensation.

To ensure that all 14 holidays can be reported to CalPERS, OPOA has requested to remove the Employee Birthday and to add Cesar Chavez Day. This will ensure that all 14 holidays will be reportable as compensation to CalPERS as intended when the MOU was agreed upon.

City Staff, Police Management and the OPOA board have discussed this side letter and all agree this is in the best interest of all parties involved. It is further agreed that this will take effect as of January 1, 2023 and anyone with a birthday in January will not receive the employee birthday holiday pay.

STAFF REPORT
Approved and Forwarded to the City Council
7 Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plan, sustainable organization goal. By clarifying language so that it can be applied consistently it will help us to build trust at City Hall as well as reinforce Team Oakley through communication and transparency.

Fiscal Impact
There is no fiscal impact related to this item.

Staff Recommendation
Adopt a Resolution approving a side letter to the Oakley Police Officers Association Memorandum of Understanding
Attachments

1. Resolution

2. Side Letter Red-lined

3. Signed Side letter
8 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING A

SIDE LETTER TO THE OAKLEY POLICE OFFICERS ASSOCIATION MEMORANDUM

OF UNDERSTANDING
WHEREAS, the Oakley Police Officers Association (OPOA) and the City have a memorandum of understanding (MOU) that was approved at the May 24, 2022 council meeting, and
WHEREAS, CalPERS has determined that the Employee Birthday Holiday is not reportable compensation as it is not a recognized holiday, and WHEREAS, the intent in the MOU was to provide the OPOA with 14 paid holidays that are reportable compensation to CalPERS, and
WHEREAS, the OPOA board has requested to replace the Employee Birthday with Cesar Chavez Day, and
WHEREAS, it is agreed that updating language will allow for the holiday to be considered compensable by CalPERS, and
WHEREAS, it is further agreed that any employee with a January birthday will not receive the Employee Birthday holiday pay in 2023, and
WHEREAS, City Staff, Police Management and the OPOA board have discussed this side letter and all agree it is the best interest of all parties involved, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the Side Letter to the Memorandum of Understanding for the Oakley Police Officers Association.

PASSED AND ADOPTED by the City Council of the City of Oakley this 24th day of January 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
9 SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

OAKLEY POLICE OFFICERS ASSOCIATION AND THE CITY OF OAKLEY This Side Letter of Agreement is entered into by and between the Oakley Police Officers Association and the City of Oakley effective July 1, 2022. The items listed in this Agreement shall supersede any provisions included in the current Memorandum of Understanding (MOU). The parties agree to the following Terms and Conditions:

9.1 Holidays
The following holidays are recognized as regular holidays for pay purposes. Regular full-time employees are entitled to receive eight (8) hours of holiday pay at a rate of one and one half (1.5) times their base hourly rate. Holiday pay may be used to increase the employee’s compensatory time off accrual bank.

The City will observe the following holidays:
• December 31st- New Year's Eve Day
• January 1st- New Year's Day
• Third Monday in January- Martin Luther King Jr. Day
• Third Monday in February- President's Day
• March 31st – Cesar Chavez Day
• Last Monday in May - Memorial Day
• June 19th- Emancipation Day
• July 4th - Independence Day
• First Monday in September - Labor Day
• November 11th- Veteran's Day
• Fourth Thursday in November- Thanksgiving Day
• Fourth Friday in November- Day After Thanksgiving
• December 24th - Christmas Eve Day
• December 25th - Christmas Day
• Employee's Birthday
An employee who wishes to be excused from work in observance of a religious holiday (not listed as a "Regular Holiday for Pay Purposes") shall request approval of such absence from the Police Chief. If approved, such time off shall be charged against the employee's accumulated compensatory time or vacation leave.

City of Oakley Oakley Police Officers' Association
Joshua McMurray, City Manager Date Tyler Radcliffe, President Date Formatted: Normal
Formatted: Superscript
10 SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

The City will observe the following holidays:
 December 31st- New Year's Eve Day
 January 1st- New Year's Day
 Third Monday in January- Martin Luther King Jr. Day
 Third Monday in February- President's Day
 March 31st – Cesar Chavez Day
 Last Monday in May - Memorial Day
 June 19th- Emancipation Day
 July 4th - Independence Day
 First Monday in September - Labor Day
 November 11th- Veteran's Day
 Fourth Thursday in November- Thanksgiving Day
 Fourth Friday in November- Day After Thanksgiving
 December 24th - Christmas Eve Day
 December 25th - Christmas Day
An employee who wishes to be excused from work in observance of a religious holiday (not listed as a "Regular Holiday for Pay Purposes") shall request approval of such absence from the Police Chief. If approved, such time off shall be charged against the employee's accumulated compensatory time or vacation leave.

City of Oakley Oakley Police Officers' Association
Joshua McMurray, City Manager Date Tyler Radcliffe, President Date DocuSign Envelope ID: 07D47F98-D7B6-4264-9A0A-A3A9CE036522 12/22/2022 12/22/2022
11 DATE: January 24, 2023
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Acceptance of work associated with the Senior Center Roof and HVAC Repair and Replacement Project – Capital Improvement Project Number 288 ______________________________________________________________________ Background and Analysis
The City’s adopted FY 2022/23 Capital Improvement Program (CIP) Budget designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

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

There have not been any recent renovations to this building to upgrade and make functional for the Oakley senior citizens. This project performed much needed repairs to the roof of the building and replaced the HVAC system that was broken and nonfunctional.

On October 25, 2022, the City Council awarded a contract to Cairo Builder, Inc. for the Senior Center Roof and HVAC Repair and Replacement Project. This work has been successfully completed by Cairo Builder, Inc. ahead of the rain and winter months, and Oakley Seniors are now enjoying the new facility in comfort.

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

Fiscal Impact
The authorized budget for the construction of this project was $75,000. This project was completed on time and within the authorized budget of $75,000.

STAFF REPORT
Approved and Forwarded to the City Council
12 Pursuant to the contract documents, 5% of the accrued costs were withheld from the amount paid to the contractor. These funds are called “retention,” and are held until the end of the project to ensure that the contractor completes the project in a timely manner.

Approval of this item will authorize the release of the retention payment to the contractor.

The retention was already budgeted as part of the contract and change order approvals, so there is no additional fiscal impact associated with this action.

Staff Recommendation
Staff recommends that the City Council Adopt the Resolution accepting Capital Improvement Project Number 288 – Senior Center Roof and HVAC Repair and Replacement Project as constructed by Cairo Builder, Inc. to be complete, and to direct the City Clerk to file a Notice of Completion for the project with the County Recorder.

Attachments

1. Resolution

2. Notice of Completion
13 Resolution No. __-23 Page 1
RESOLUTION NO. __-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING THE WORK AS COMPLETE BY CAIRO BUILDER INC., FOR CAPITAL IMPROVEMENT PROJECT NUMBER 288 – SENIOR CENTER ROOF AND HVAC

REPAIR AND REPLACEMENT PROJECT
WHEREAS, on October 25, 2022, by adopting Resolution No. 116-22 the City Council awarded a construction contract to Cairo Builder Inc., for the construction of the Senior Center Roof and HVAC Repair and Replacement Project – CIP 288; and WHEREAS, Cairo Builder Inc. has satisfied the contractual requirements necessary for the acceptance of the Senior Center Roof and HVAC Repair and Replacement Project to be deemed complete in the final amount of $75,000.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Senior Center Roof and HVAC Repair and Replacement Project – CIP 288 is hereby accepted as complete.

BE IT FURTHER RESOLVED AND ORDERED, that the City Clerk is hereby directed to file a Notice of Completion for the Senior Center Roof and HVAC Repair and Replacement Project – CIP 288 with the County Recorder.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 24th of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
_______________________
Aaron Meadows, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
14 WHEN RECORDED MAIL TO:

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

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

NOTICE OF COMPLETION
Capital Improvement Project Number 288 – Senior Center Roof and HVAC Repair and Replacement Project
NOTICE IS HEREBY GIVEN THAT:

The CITY OF OAKLEY, a political subdivision of the State of California, did, on October 25, 2022, enter into an agreement with Cairo Builder Inc., for the construction of Capital Improvement Project (CIP) Number 288 – Senior Center Roof and HVAC Repair and Replacement Project, with work located on 215 2nd Street, Oakley, CA. 94561.

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

The work described in the contract documents was to furnish all material, labor, and equipment necessary to complete CIP Number 288 – Senior Center Roof and HVAC Repair and Replacement Project.

On January 24, 2023, said contract, as a whole was completed and the work was accepted by the City Council of the City of Oakley.
______________________________________________________________________

VERIFICATION
I have read the foregoing NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed this 24th day of January 2023 at Oakley, California.

Date: ______________ By:

Libby Vreonis, City Clerk
City of Oakley, California

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

RECORDATION OF THIS DOCUMENT
15 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 24, 2023
TO: Joshua McMurray, City Manager
FROM: Tim Przybyla, Finance Director
SUBJECT: Adopt a Resolution Approving a Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2023 through June 2024
Background and Analysis
SB 107 was signed into law on September 22, 2015, changing the ROPS filing cycle from semi-annual (July to December and January to June) to annual (July to June).

Attached is the completed ROPS, in the form provided by the State Department of Finance (DOF). The attached ROPS must be approved by the Agency’s Board and Oversight Board and submitted to DOF by February 1, 2023. DOF must also approve by April 15th before the County Auditor-Controller will release property taxes from its Redevelopment Property Tax Trust Fund to the Agency in July and January for the Fiscal Year 2023/2024.

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

Fiscal Impact
For items approved by DOF, the ROPS defines the payments allowed by the Successor Agency. The expenditures proposed are limited to paying remaining enforceable obligations, debt service, amounts necessary to maintain the Agency’s properties, and to pay the City the administrative allowance allowed under statute. The administrative allowance is allowed under statute and is listed on the Successor Agency ROPs as an enforceable obligation.
16 Staff Recommendation
Staff recommends the Board adopt the attached Resolution approving the ROPS 2023/2024 and Administrative Budget attached for the next fiscal year July 1, 2023 through June 30, 2024.

Attachments

1. Resolution

2. Recognized Obligations Payment Schedule for Fiscal Year 2023/2024

3. Administrative Budget for Fiscal Year 2023/2024
17 Resolution No. SA XX-23 Page 1 of 1
RESOLUTION NO. SA XX-23

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

AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY, APPROVING A

RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2023/2024
WHEREAS, Senate Bill 107 was signed into law on September 22, 2015 changing the ROPS filing cycle from semi-annual (July to December and January to June) to annual (July to June). Attached is the completed ROPS, in the form provided by the State Department of Finance (DOF); and
WHEREAS, the attached ROPS must be approved by the Agency’s Board and Oversight Board, and submitted to DOF by February 1, 2023; and WHEREAS, the DOF must also approve by April 15th before the County AuditorController will release property taxes from its Redevelopment Property Tax Trust Fund to the Agency in July and January for the Fiscal Year 2023/2024; and WHEREAS, The Health and Safety Code Section 34171(a), (b) and Section 34177(j) require the Successor Agency to approve annually an Administrative Budget for administrative costs of the Successor Agency;
NOW, THEREFORE, BE IT RESOLVED that the City Council, as the Board of the Successor Agency of the Oakley Redevelopment Agency, approves the attached Recognized Obligations Payment Schedule for Fiscal Year 2023/2024, July 1, 2023 – June 30, 2024, attached hereto as Exhibit A and the attached Administrative Budget for Fiscal Year 2023/24, July 1, 2023 through June 30, 2024 attached hereto as Exhibit B.

PASSED AND APPROVED by the City Council of the City of Oakley acting as the Board of the Successor Agency to the Oakley Redevelopment Agency this 24th day of January 2023, by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Aaron Meadows, Chair
ATTEST:
____________________ ___________________
Libby Vreonis, Secretary Date
18 Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Oakley
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,373,056 $ - $ 1,373,056 B Bond Proceeds - - -
C Reserve Balance 1,373,056 - 1,373,056
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 136,500 $ 1,947,988 $ 2,084,488 F RPTTF 11,500 1,822,988 1,834,488
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,509,556 $ 1,947,988 $ 3,457,544 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
19 Oakley
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$22,690,494 $3,457,544 $- $1,373,056 $- $11,500 $125,000 $1,509,556 $- $- $- $1,822,988 $125,000 $1,947,988 11 SA
Administrative
Allowance
Admin
Costs
07/01/
2018
06/30/2019 City of
Oakley
Administrative
allowance for
the 15-16A
ROPS, as
prescribed
($125k,
including the
Annual
External Audit
)
Oakley 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 42 2015 TABS
DS (Series A
& B)
Refunding
Bonds
Issued
After 6/
27/12
05/18/
2015
09/01/2028 US Bank
Trust
Debt Service
Payable in
September
and March of
each year
Oakley 3,500,000 N $658,356 - 596,272 - - - $596,272 - - - 62,084 - $62,084 43 Annual
Trustee/Fiscal
Agent Fees
Fees 05/18/
2015
09/01/2028 US Bank
Trust
Annual
Trustee Fees
for 2015
Bonds
(Series A &
B)
Oakley 3,300 N $3,300 - - - 3,300 - $3,300 - - - - - $- 44 Continuing
Disclosure
Services
Fees 05/18/
2015
09/01/2028 NBS
Financial
Annual
Continuing
Disclosure
Services for
2015 Bonds
Oakley 2,500 N $2,500 - - - 2,500 - $2,500 - - - - - $- 46 2018 TAB Refunding
Bonds
Issued
After 6/
27/12
06/28/
2018
09/01/2038 US Bank
Trust
Debt Service
Payable in
September
and March of
each year
17,540,000 N $1,148,694 - 776,784 - - - $776,784 - - - 371,910 - $371,910 47 Annual
Trustee/Fiscal
Agent Fees
Fees 06/28/
2018
09/01/2038 US Bank
Trust
Annual
Trustee Fees
for 2018
Bonds
2,000 N $2,000 - - - 2,000 - $2,000 - - - - - $-
48 Continuing
Disclosure
Services
Fees 06/28/
2018
09/01/2038 NBS
Financial
Annual
Continuing
Disclosure
Services for
2018 Bonds
3,700 N $3,700 - - - 3,700 - $3,700 - - - - - $-
49 2015 & 2018 Reserves 06/28/ 09/01/2038 US Bank Set aside for 1,388,994 N $1,388,994 - - - - - $- - - - 1,388,994 - $1,388,994 20 A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
TAB Debt
Reserve
Fund
2018 Trust debt service
due in each
calendar
year, per
bond
convenant
21 Oakley
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
1,320,023 144,345
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
(214) 1,975,410
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
1,320,023 108,358 640,548
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
35,987 1,334,862
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $(214) $-
22 Oakley
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
11 42
43 44
46 47
48 49
23 SUCCESSOR AGENCY TO THE FORMER CITY OF OAKLEY

REDEVELOPMENT AGENCY

ADMINISTRATIVE BUDGET
JULY 1, 2023 TO JUNE 30, 2024
CATEGORY DEPARTMENT/DESCRIPTION 2023/2024
Wages & Benefits City Manager $ 30,804
Wages & Benefits Economic Development Management Analyst $ 42,684 Wages & Benefits City Clerk $ 6,766
Wages & Benefits Deputy City Clerk $ 4,830
Wages & Benefits Director of Finance $ 41,803
Wages & Benefits Community Development Director $ 16,370 Wages & Benefits Accounting Manager $ 27,340
Wages & Benefits City Council $ 3,184
Contract Services Legal expenses for Successor Agency Admin $ 15,000 Contract Services Audit Services $ 5,000
Information Technology Computer and other equipment maintenance $ 10,000 Property Management Property for future development costs $ 25,000 Agency Operations Postage, utilities, office supplies, office space etc. $ 21,219 $ 250,000
24 DATE: 01/24/2023
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Human Resources Director
SUBJECT: Adopt a Resolution adding standby pay to the approved compensation package.
______________________________________________________________________ Background and Analysis
As our City continues to grow, the need to implement policies and procedures consistent with others in the public sector is vital to our success.

Standby pay is a common benefit seen in the public works department as there is a need in every City to assign public works employees to be available, and fit for duty, for emergencies that may occur after hours.

Non-Exempt employees in the public works department will be assigned to a seven (7) day assignment and will be expected to be available and able to respond when needed after normal working hours. The implementation of this pay and policy will allow for greater efficiencies within the department as well as consistency in an emergency.

Employees in standby status will be compensated to be available at any time after normal working hours. Compensation will be thirty-six dollars ($36) per day or two hundred and fifty-two dollars ($252) per seven-day period. This is similar to our standby pay in our police memorandum of understanding.

Only one employee per day will receive standby pay and all emergency services will have a single phone number as a point of contact. This phone will be with whoever is assigned to standby status for that specific time period.

Staff is working to get an updated personnel policy to council that will include this benefit, but felt it was imperative to bring this item now as we continue to work our way through the storm season. Our public works crew has been working extremely hard to

STAFF REPORT
Approved and Forwarded to the City Council
25 mitigate any potential storm hazards and this pay will compensate them accordingly and provide much needed consistency to the process.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with our strategic plans, sustainable organization goal as well as our community health and safety goal. There are several objectives within these goals related to recruitment and retention, competitive compensation as well as meeting the needs of the community when it comes to safety.

Fiscal Impact
There is sufficient budget to cover the implementation of this pay beginning February 1, 2023 in the FY 2022/23 budget.

The adoption of this resolution is estimated to increase compensation costs for the Public Works Department by approximately $13,000 per year and will be allocated as part of the annual salary and benefits in future budgets.

Staff Recommendation
Adopt a Resolution adding standby pay to the approved compensation package.

Attachments

1. Resolution
26 Resolution No. XX-23 Page 1 of 1
RESOLUTION NO. XX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING

STANDBY PAY TO THE APPROVED COMPENSATION PACKAGE FOR PUBLIC

WORKS EMPLOYEES
WHEREAS, the City of Oakley continues to strive to implement policies and procedures consistent with the public sector, and
WHEREAS, the standby pay is a common benefit provided to employees in the public works department in order to have employees available to respond to emergencies, and WHEREAS, the implementation of this pay will allow for greater efficiencies within the department as well as consistency in emergencies,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby approves the following:

Standby pay in the amount of thirty-six dollars ($36) per day or two hundred and fifty two dollars ($252) per seven (7) day period will be added to the compensation package for public works department non-exempt employees. Only one employee per day will receive standby pay. Standby pay will begin February 1, 2023.

PASSED AND ADOPTED by the City Council of the City of Oakley this 24th day of January 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___
Aaron Meadows, Mayor
ATTEST:
___
Libby Vreonis, City Clerk Date
27 STAFF REPORT
Approved and Forwarded to the City Council
Date: January 24, 2023
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants,
Carwashes, Gas Stations, and Self-Storage (RZ 04-21) – Continued from October 11, 2022
Summary
This is a continued public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21). The amendments consist of adding four new subsections to address four special land uses as follows:

Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and Self-Storage (Subsection 9.1.1242).

Staff recommends the City Council waive the first reading and introduce the ordinance approving Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Background
On October 11, 2022, the City Council voted 3 (Ayes) – 1 (Noes) to continue this item to a date certain (January 24, 2023). This continuation was based on the receival of multiple comment letters from various legal firms representing developers, property owners, and businesses. At that time, the City Attorney requested the City Council provide adequate time for the City Attorney and Staff to review the letters and determine whether any modifications to the proposed ordinance would be recommended. On November 9, 2022, the City Council considered an urgency ordinance to impose a moratorium on the permitting of the four special land uses to allow time for evaluation of their land use and environmental impacts. That urgency ordinance failed due to not receiving the necessary 4/5ths vote needed to pass an urgency ordinance. The City Council voted 3 (Ayes) – 2 (Noes) in favor of passing the urgency ordinance.

The project has additional background and history including work sessions, public hearings, and comments from citizens, affected property owners, and potential 28 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
January 24, 2023

Page 2 of 4 ends

commercial businesses that could be impacts by the proposed ordinance. Details on that additional background and history on the project is available in the City Council Staff Report dated September 13, 2022 and attached to this Staff Report.

Letters Received from Legal Firms for September 13, 2022 Public Hearing All public comments received in a timely manner are provided to the City Council prior to any given meeting. This section focuses solely on the three letters received from legal firms prior to the September 13, 2022 public hearing. Comments in these letters raised several issues some of which regarding the proposed buffer that would impact a small number of properties, the purpose of the additional traffic analysis for DriveThrough Restaurants, Carwashes, and Gas Stations, a number of operational standards related to the amount of responsibility being put onto business managers for dealing with unruly patrons or visitors to the property, and the setback required behind gas stations and other requirements within that standard. All three letters are attached as reference.

City Attorney Response to Letters
Based on legal review by the City Attorney, the very limited number of properties affected by the proposed buffers, coupled with the histories associated with those few properties, raise the appearance (though unintended) that the proposed ordinance is focused on just these specific properties, rather than on a broader class of commercial properties. Staff and the City Attorney were unable to identify other cities or counties in California that have enacted similar buffers, raising the concern that the novelty of the proposed buffer may support the perception the ordinance is targeted to a few specific properties, rather than commercial properties generally. In light of all the other performance standards incorporated into the Ordinance, Staff and the City Attorney believe the City has ample control over the proposed land uses, and the addition of the buffers is not necessary to achieve the Council's regulatory objectives.

Proposed Ordinance
In tune to the City Attorney’s response to the letters and other discussion regarding the other topics covered in the comment letters, the proposed ordinance has been drafted with changes from the version presented to the City Council at the October 11, 2022 public hearing. A summary of those changes is listed below:
 The Performance Standards requiring any application for a proposed drivethrough restaurant, carwash, or gas station to include a traffic analysis to specifically analyze pedestrian/bicycle safety and queuing have been amended to clarify the purpose of the traffic analysis is to provide recommendations to avoid conflicts between various modes of transportation.  The Performance Standards requiring a minimum distance of 300-feet between the parcel lines of any school within the Antioch Unified School District, 29 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
January 24, 2023

Page 3 of 4 ends

Brentwood Union School District, Oakley Union Elementary School District, or Liberty Union High School District and a drive-through restaurant, a carwash, or a gas station have been removed from the ordinance.
 Operational Standards for all four uses have been amended to be more general and less harsh on requiring a manager to handle potentially dangerous situations. After the “hours of operation” condition, the rest is now condensed into two conditions requiring operational plans related to 1) litter control, and/or recycling, and 2) noise, loitering, or other potential nuisances (including graffiti removal). Operational plans subject to review and approval by the CDD.  The Performance Standard requiring a minimum buffer of 500 feet between gas station unless located on an arterial intersection has been amended to include an intersection of any two streets that each include four lanes of travel. The standard also includes language that allows the applicable decision making body to allow a gas station on a corner when otherwise not allowed if that station is part of a larger master planned development consisting of at least 45,000 square feet of building floor area.

Analysis
Adoption of the proposed ordinance will implement the direction provided to Staff by a majority of the City Council from previous meetings combined with City Attorney and Staff recommended modifications based on the letters received at the September 13, 2022 meeting. The four special land uses will include a list of several performance and operational standards that will be required either at application phase, design phase, or operational phase in a manner consistent for any similar use. These standards would become ordinance and will serve as standard conditions of approval specific to each of the four special land uses in addition to any conditions of approval adopted for any conditional use permit related to an applicable use. Since some of the standards require studies (such as a traffic analysis for pedestrian/bicycle safety and drive-through vehicle queuing for “Drive-Through Restaurants”), the information and technical analysis gathered will allow Staff to conduct more thorough analysis of any given project and provide that analysis to the appropriate decision making body during a project’s public hearing. In practice, the ordinance will assist project applicants, Staff, and the Planning Commission/City Council in processing and approving development applications through the use of tools to identify and address potential incompatibility with surrounding uses that may not otherwise be identified through existing established thresholds or less objective analysis. The ordinance will also provide a level of fairness and standards for all similar uses, as it will apply regardless of the specific location a use is proposed.
30 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
January 24, 2023

Page 4 of 4 ends

Environmental
This project is exempt from further analysis under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) in that adoption of the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth Goal and Strategic and Thoughtful Growth Sub-Goal.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this work session.

Recommendation
Staff recommends the City Council waive the first reading and introduce the ordinance approving Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) (RZ 04-21).

Attachments

1. Minutes from October 11, 2022 City Council Meeting (Applicable to Item only)

2. Staff Report from September 13, 2022 City Council Meeting (without attachments)

3. Minutes from September 13, 2022 City Council Meeting (Applicable to Item only)

4. Staff Report from May 24, 2022 Work Session (without attachments)

5. Proposed Ordinance with Tracked Changes from September 13, 2022 Version

6. Proposed Ordinance
31 Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held
October 11, 2022
1) OPENING MATTERS

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

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

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

1.3 Presentation of Proclamations - 1. National Friends of the Library Month (Lorena Campos, Friends of the Oakley Library President) 2. Domestic Violence Awareness Month (Shannon Starzyk, Contra Costa Family Justice Center) 3. Red Ribbon Week (Patricia Britton & Van Le, Pride & Purpose Project Youth Advocates, Shameka Bolds, Pride & Purpose Project Coordinator, Fatima Matal Sol, CCC Alcohol and Other Drugs Program Chief) 4. Breast Cancer Awareness Month (Janet Jule, Antioch Medical Center Chief Nursing Officer)
Mayor Pope presented the proclamations. Recipients accepted and shared information. Pride & Purpose Project Youth Advocates Patricia Britton and Van Le provided red ribbons to the City Council.
2) PUBLIC COMMENTS
None.
32 3.10 Adopt Resolution of Intention to Establish Community Facilities District No. 2022-2 (Summer Lake North Maintenance Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)

3.11 Creating Zone 186 within the Oakley Special Police Tax Area consisting of the Summer Lake North project located on the northeast corner of the intersection of Bethel Island Road and East Cypress Road (Kevin Rohani, P.E., Public Works Director/City Engineer)

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

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

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to approve the Consent Calendar. Motion was unanimous and so ordered. (4-0) Presentation of proclamations occurred next, before Public Hearings. 4) PUBLIC HEARINGS

4.1 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)- Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager) Planning Manager Ken Strelo shared staff recommends continuing this item to a date uncertain to allow time for staff to review and analyze comments submitted.

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

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

Councilmember Williams inquired what it would take to have moratorium.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. McMurray explained he wishes the City had more leverage but the railroad is higher on the totem pole than the City; however, contacts at BNSF have now been more responsive and he believes they are making positive traction. He mentioned the 1-800 number on the control cabinets has been ineffective. He expressed any comments the 35 STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: September 13, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”) – Adding Four Subsections to Address Drive-Through Restaurants,
Carwashes, Gas Stations, and Self-Storage (RZ 04-21)
Summary
This is a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21). The amendments consist of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection

9.1.1240); and Self-Storage (Subsection 9.1.1242).

Background
On April 13, 2021, the City Council held a Zoning Code Update Discussion Work Session where it was discussed that a comprehensive Zoning Code Update would likely follow adoption of the current Focused General Plan Update, but that an opportunity existed to conduct more specific updates for certain uses that may warrant immediate attention. As a result of that work session, the four uses addressed in this Staff Report were further researched by Staff and brought back to the City Council at the July 13, 2021 meeting for a second, more focused work session. After receiving a Staff presentation and holding discussions regarding each of the four special land uses, the City Council directed Staff to bring back ordinance language for consideration.

On September 28, 2021, the City Council held a public hearing on a City-initiated request for approval of Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“OMC”), titled “Special Land Uses” (RZ 04-21).

The proposed amendments consisted of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); 36 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
September 13, 2022

Page 2 of 4 ends

Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and SelfStorage (Subsection 9.1.1242). After deliberations, no action was taken on the item and the City Council directed Staff to seek out additional information from stake holders and provide more analysis on the impacts created by potential buffers and bring the item back for additional consideration in a future work session setting.

On May 24, 2022, the City Council held a second Work Session to discuss the four special land uses, including draft performance and operational standards and establishing potential buffers. This work session included a summary of feedback from commercial developers, brokers and property owners (see attached May 24, 2022 Staff Report) and an analysis of potential required buffers between the special land uses and uses such as residentially zoned land and public schools. As part of the work session, Staff gave a presentation that provided examples of how a 300-foot buffer from residential land and public schools would affect nearby commercially designated properties, and the manner in which some of those properties would be impacted. The City Council considered Staff and public input and discussed the topic both with Staff and amongst itself. City Council feedback led to a consensus that applications would be handled on a case by case basis, with the anticipation of additional standards in place (as a result of this ordinance), and that the addition of a 300-foot buffer from schools seemed appropriate.

At the conclusion of the Work Session, it was agreed on by the City Council for each member to complete the checklist of performance and operational standards that was included as an attachment to the May 24, 2022 Work Session Staff Report for each of the four special land uses and return it to the City Clerk. It was agreed through consensus that the completed checklists would be used to determine which performance/operational standards had at least three Councilmembers “In Favor,” and for those to be included in the proposed ordinance language. It was also agreed to by the Council that the answers from each Councilmember would be made a part of the packet for the ordinance introduction.

Results of Performance and Operational Standards Checklists All five Councilmembers either returned a checklist to Staff or made their selections known, allowing Staff to tally the responses and draft the ordinance accordingly.

Although the ordinance is proposed to reflect what a majority of the Council selected on their checklists, there are some standards that received comments with the submitted checklist. Staff has summarized the comments received on specific standards below.

Councilmembers’ Comments on Standards for Drive-Through Uses • #2: In relation to drive-through menu speakers. Okay with requiring spec sheet on menu board speaker and any sound reducing technologies it may incorporate, but not okay with requiring a detailed acoustical analysis. 37 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
September 13, 2022

Page 3 of 4 ends

• #4: In relation to drive-through queuing and access. Not in favor of whole standard, but in favor of the portion that states, “The drive-through shall not take ingress or egress from a local residential road.” (Staff note: Any proposed standard can be separated into two or more standards).
• #5: In relation to drive-through lane screening. “Depends on public safety.” • #7: In relation to direction of menu board speakers. In favor of not pointing them toward adjacent residential uses.

Councilmembers’ Comments on Standards for Carwashes
• #7: Same as #7 for Drive-Through Uses.

Councilmembers’ Comments on Standards for Gas Stations
• None.

Councilmembers’ Comments on Standards for Self-Storage
• None.

Proposed Ordinance
The proposed ordinance has been drafted to include all proposed standards in the checklist. The City Council may choose to hold further discussion on the comments received on some of the standards and summarized above. If the Council has any recommended changes to the ordinance, Staff may be able to make non-substantive changes, so long as the direction is clear, without the need to continue the item to a later date. Separating out parts of a standard into different standards in order to reach a full consensus would be a non-substantive modification. Clarifying language within a standard may also be considered non-substantive. Adding entirely new standards that would affect land use would likely be considered a substantive change and may require a revised ordinance that may need to be re-noticed before introducing.

Analysis
Adoption of the proposed ordinance will implement the direction provided to Staff by the City Council. The performance and operational standards that will become ordinance will serve as standard conditions of approval specific to each of the four special land uses. Since some of the standards require studies (such as a traffic analysis for pedestrian/bicycle safety and drive-through vehicle queuing for “Drive-Through Restaurants”), the information and technical analysis gathered will allow Staff to conduct more thorough analysis of any given project and provide that analysis to the appropriate decision making body during a project’s public hearing. In practice, the ordinance will assist project applicants, Staff, and the Planning Commission/City Council in processing and approving development applications through the use of tools to identify and address potential incompatibility with surrounding uses that may not otherwise be identified through existing established thresholds or less objective analysis. The ordinance will 38 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses”)
September 13, 2022

Page 4 of 4 ends

also provide a level of fairness and standards for all similar uses, as it will apply regardless of the specific location a use is proposed.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth Goal and Strategic and Thoughtful Growth Sub-Goal.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this work session.

Attachments

1. Notice of Public Hearing

2. Staff Report from May 24, 2022 Work Session (without attachments)

3. Councilmembers’ Responses to Checklist of Performance and Operational Standards

4. Proposed Ordinance
39 Minutes of the Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley
Redevelopment Agency/Oakley Public Financing Authority held September 13, 2022
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Randy Pope called the meeting to order at 6:31 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Meadows and Councilmember Anissa Williams and George Fuller were in attendance. Mayor Pope announced Councilmember Higgins is out of state and would not be in attendance.

1.2 Pledge of Allegiance to the Flag (Angelina Gilbo, 5th Grade Student at Vintage Parkway Elementary School)
Vintage Parkway Elementary School 5th grade student Angelina Gilbo led the Pledge of Allegiance to the Flag.

1.3 Reading/Presentation of Proclamations
Mayor Pope presented the following proclamations:

1. Library Card Sign up Month (Lisa Cano-Loomis, Contra Costa Library Manager) Contra Costa Library Manager Lisa Cano Loomis accepted the proclamation for Library Card Sign Up Month and shared current and upcoming programs. She introduced Lorena Campos, President of Friends of the Oakley Library. She provided library card applications, stickers and bookmarks.

2. Falls Prevention Week (Allen Perry, Oakley Seniors)
Oakley Seniors President Allen Perry accepted the proclamation. He mentioned Oakley Seniors are accepting memberships for new members and they provide free grocery give away every Thursday.

3. National Hispanic Heritage Month (Annalouisa Gonzalez-Ortega, Freedom High School Latinos Unidos Club Advisor)
Freedom High School Latinos Unidos Club Advisor Annalouisa Gonzalez-Ortega accepted the proclamation along with Latinos Unidos Club President Maria Rafael, Club Vice President Naomi Romero, and Club Treasurer Jose Ordonez. Ms. Gonzalez-Ortega mentioned they hold two meetings each month, share cultural events, and fundraise for scholarships for students to use post-high school.
40 Ken Strelo presented the staff report and PowerPoint presentation.

Councilmember Fuller inquired about existing artificial turf in Oakley.

Mr. Strelo explained non-functional turf in place prior to this ordinance would be allowed; future non-functional turf would be subject to the new ordinance.

Councilmember Williams inquired if it is 500 square feet for each lot or the development for landscaping in new developments and she inquired about the impact on water conservation.

Mr. Strelo responded it is the entire project, all front yards combined. He mentioned developers will use drought tolerant landscape in new front yards and the impact on water conservation is about the same as now.

Mayor Pope opened the public hearing.

Public Comment
Randi Adler shared she notices people are not taking care of landscaping and she called Code Enforcement because neighborhood landscaping in her area is overgrown and they didn’t return her calls, and the same for her call regarding her neighbor parking a giant RV in his driveway.

She mentioned she will not call law enforcement; she was just told to leave by the Chief of Police after she told the Council she was sexually harassed by them.

Mayor Pope closed the public hearing.

Councilmember Fuller commented that the ordinance works for him.

Mayor Pope inquired if new developments are required to do a physical barrier for weeds.

Mr. McMurray mentioned there are strict landscape requirements for new homes to control weeds. He also mentioned anyone with concerns about landscaping or other matters can call Code Enforcement and they will investigate it and work with the property owner to bring the property up to code.

It was moved by Councilmember Fuller and seconded by Councilmember Williams to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (4-0)

4.2 Zoning Ordinance Text Amendments to Article 12 of Chapter 1 of Title 9 of the Oakley Municipal Code (“Special Land Uses?”) --Adding Four Subsections to Address Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage (RZ 04-21) (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint presentation.

City Attorney Derek Cole mentioned there is no Brown Act issue here as mentioned in a comment letter. He explained the Council filled out a questionnaire that was provided to the City Clerk, it was presented to the Council and public at the same time, and the missing piece of the letter presented is that a majority of the Council must have communicated among each other and that didn’t happen; there is nothing here outside of proper procedure and careful measures were taken. He requested time to take a deeper look into comments received and report back at the October 11, 2022 Council meeting.
41 Mayor Pope opened the public hearing.

Councilmember Williams inquired if this ordinance will only affect new entitlements or existing entitlements as well.

Mr. Strelo responded it will only affect new applications, not existing entitlements.

Councilmember Fuller inquired if this will impact the Council’s decision already taken on the northwest corner of Laurel and O’Hara.

Mr. Strelo confirmed this ordinance will not affect any previous decisions.

Vice Mayor Meadows inquired how many properties at the 4 corners of Laurel & O’Hara are entitled.

Mr. Strelo responded that Laurel Plaza is entitled, but no other entitlements exist on the other three corners.

Mayor Pope inquired if there is a procedure for exceptions if an applicant’s project doesn’t satisfy one of the requirements.

Mr. Strelo mentioned it is not written in the ordinance now and it would be rare, but there is always an option for a variance if regarding a development regulation, i.e., set-backs, height, etc.

Public Comments
Four public comments were submitted to staff electronically from Matthew Francois, Rutan & Tucker, LLP, Andrew Sabey, Cox Castle Nicholson, William Mitchell, WT Mitchell Group, and Richard Randles.

Matthew Francois, Rutan & Tucker, LLP, legal counsel for Safeway, requested the Council to consider comments and make Safeway’s requested changes prior to acting on the Zoning Amendments.

Andrew Sabey, Cox Castle Nicholson, legal counsel for O’Hara Properties, LLC, indicated that approval of the current amendments would expose the City to substantial legal liability and as the process has unfolded, approval following the City’s actions to shield public review would violate the Brown Act.

William Mitchell, WT Mitchell Group, a commercial real estate developer evaluating sites in Oakley, supported the staff report with exception to Performance Standard 9.1.1240 c.3.

Richard Randles indicated the ordinance will hinder commercially zoned properties along Laurel and Main Street.

Randi Adler inquired if it is more profitable for the City to approve a new business if the City receives a franchise fee. She mentioned Comcast and Mt. Diablo Resource Recovery pay a franchise fee and that made garbage rates increase She inquired how far the City will go for franchise fees for car washes and fast-food at the expense of the health of its residents. 42 Natalie Mattei, Director of Real Estate for Safeway, introduced herself and Seth Burman. She mentioned the Council has received the letter submitted from Safeway’s land use counsel regarding its 8.7-acre land on the northeast corner of Laurel and O'Hara. She shared Safeway doesn’t have an immediate plan for this location but will develop. She expressed they have noncontroversial comments on drive-throughs and car washes as entitlement have expired and they are neutral on car washes and self-storage. She commented that arterial streets and uses are clean ups and they support traffic studies for pedestrian and bicyclist safety. She mentioned they request clarification on standards. She mentioned it is not a matter of if they will develop, but when they will develop. She requested minor edits be incorporated into the ordinance and staff’s recommendation to include these comments. She supported Mr. Cole’s request for continuance.

Liz Elias commented that the City doesn’t need any additional quantity of these uses; it has enough. She expressed the City needs more family friendly recreation, i.e., skate parks, roller rinks, things to do, other than underused parks.

Councilmember Fuller agreed with Ms. Mattei and expressed he would appreciate Mr. Cole’s analysis of the letters.

It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to continue the items to October 11, 2022. Motion was unanimous and so ordered. (3-1) 5) REGULAR CALENDAR

5.1 Urgency Ordinance Imposing a Moratorium on the Permitting of Hydrocarbon Development within City Limits to Allow for Evaluation of the Public Health and Environmental Impacts and the Enactment of Further and Appropriate Regulations Concerning the Same (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and PowerPoint presentation.

City Attorney Derek Cole explained the urgency ordinance is premised under the Government Code, in the Planning and Zoning Code. He mentioned he received an email inquiry regarding why this is urgent and he directed it to the Council as a public comment. He explained urgency in this context of the ordinance doesn’t mean means someone will put in an application tomorrow, but if the Council finds that someone could put in an application, the current ordinance is dated, changes in technology have taken place, and the Council doesn’t want to take a chance in next 2 years to receive an application, but rather take time to develop the appropriate changes to the ordinance, that would meet requirements for an urgency ordinance and moratorium under Government Code 65858. He added that “urgency” is parlance used but in government doesn’t always mean urgent. He mentioned a 4/5 vote is required to enact the urgency ordinance therefore with Councilmember Higgin’s absence, it would require unanimous vote of members of the Council present.

Vice Mayor Meadows inquired if the State is currently working on regulations.

Mr. Cole responded he understands the State is well along in the process but can’t say when they will have the regulations.
43 STAFF REPORT
Agenda Date: ________
Agenda Item: ________
Approved and Forwarded to the City Council
Date: May 24, 2022
To: Joshua McMurray, City Manager
From: Kenneth W. Strelo, Planning Manager
Subject: Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage
Summary
This is a City Council Work Session to revisit discussion on Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage. Specifically, this work session in intended to discuss the feasibility of 1) potentially establishing buffers between residential and commercially zoned properties, and 2) implementing other performance and operational standards, both in relation to the four special uses, as applicable.

The proposed amendments consisted of adding four new subsections to address four special land uses as follows: Drive-Through Restaurants (Subsection 9.1.1236); Carwashes (Subsection 9.1.1238); Gas Stations (Subsection 9.1.1240); and SelfStorage (Subsection 9.1.1242). After deliberations, no action was taken on the item and the City Council directed Staff to seek out additional information from stake holders and provide more analysis on the impacts created by potential buffers, and bring the item back for additional consideration in a future work session setting. 44 Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

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Main Items of Discussion
Potential Buffers
One of the main items discussed during the September 28, 2021 public hearing was the Performance Standards related to buffers between “Sensitive Uses” and proposed drive-through restaurants, carwashes, and gas stations. In these cases, “sensitive uses” was defined as follows:
“[A]ny Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12.

Residential uses located in non-residential zoning districts and General Plan land use designations are not considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.”
The buffer from sensitive uses was proposed at 300 feet as measured from a sensitive use’s property line to specific locations of the proposed use. For drive-through restaurants it was the building, drive-through lane, or entry driveways; for carwashes it was the building; and for gas stations it was the parcel lines, building, or entry driveways. There were other discussions on buffers, such as a minimum distance between gas stations of at least 500 feet except that two may be located on corners at arterial road intersections, minimum distance between carwashes of 500 feet, and minimum distance between self-storage facilities of 1,000 feet.

Performance and Operational Standards
The buffers mentioned above are part of what were included as performance standards in the previously proposed zoning ordinance text amendments considered by the City Council on September 28, 2021. In addition to those performance standards were operational standards. Examples of some of the other standards for the four uses included items such as litter control plans, requirements for acoustical analysis of specific noise generating sources, additional pedestrian circulation analysis, vehicle queuing requirements, and standards for self-storage mixed use project.

Analysis
Part of the City Council’s direction to Staff at the conclusion of the September 28, 2022 hearing was to speak to some of the commercial brokers or property owners for input.

Staff was able to speak with not only existing brokers and owners in the City, but also potential developers at a conference attended by the City’s Economic Development Analysist. The results of those conversations varied, but the theme centered around the challenges establishing such buffers would present for developability of affected commercial parcels, and as a direct result, the developability of the remainder of those commercial centers with affected parcels.
45 Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

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300-Foot Buffer from Residential, etc.

One exercise Staff conducted as part of this analysis was to look at several areas in the City where commercial land abuts residential land and analyze the impacts of a 300-foot buffer. The analysis showed the buffer would impact several undeveloped commercial sites and that portions of future commercial centers would be impacted, including:
• Land at the Laurel Road and O’Hara Avenue intersection; • The remaining portion of the commercial site on Laurel Road where ARCO is located;
• The vacant parcel to the west of Oakley Town Center (Lucky Shopping Center); • Northwest corner of Main Street and East Cypress Road; and • Most of the commercial properties along Main Street near the City’s southern border.

In addition to the vacant commercial land, Staff conducted an analysis on how such a buffer could have impacted the City’s current commercial businesses. Results of that analysis showed that several of the City’s current businesses that have been approved since incorporation would not have been allowed in their current location with such a buffer in place. Some of those businesses include the following:
• Starbucks at Main Street and Carol Lane;
• Popeye’s at Main Street and Carol Lane;
• Chevron gas station at Main Street and East Cypress Road; • Drive-through in Bopari Plaza on Main Street south of East Cypress Road; • ARCO gas station at Main Street and East Cypress Road; • 7/11 gas station at Main Street and Empire Avenue; and • The relative uses in the Emerson Commercial site.

Another factor that may not be as obvious is how future infill residential development could alter developability of commercial properties if such a buffer existed. For example, the City is currently updating the Housing Element and part of that process includes looking at additional sites for the Affordable Housing Overlay (“AHO”) District.

Some of those sites are allowed to be zoned commercial, and some of the currently proposed AHO are zoned commercial.

Placing the AHO on commercial properties is allowed by the state, and it serves two main purposes. The first is it allows more flexibility is site selection. Residential sites are often partially developed or in already established neighborhoods with much lower density than what the AHO would permit, potentially creating more difficulty on acceptance of the site by the state, or as a density conflict with the existing surrounding areas. The second main purpose is to bring more people to existing commercial uses, which results in a benefit to the City in meeting its housing needs, and to existing commercial uses by bringing potential customers within walking distance to those businesses which may offer commercial goods and services. As more commercial sites 46 Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

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are rezoned with the AHO, one less foreseeable impact of a buffer from residential uses would be if a commercial site with the AHO were to be developed with residential uses, thus creating a new buffer over viable commercial property located on major arterials or nearer the freeways. Bridgehead Road is one such example.

Based on the above analysis, Staff is recommending the applicability of 300-foot buffers from sensitive uses is no longer implemented, and instead, Staff and decision makers rely on the tools already provided by the Oakley Municipal Code, such as:
• The three uses previously proposed to be subject to the buffer already require the discretionary approval of conditional use permits;
• Staff is recommending several other performance and operational standards for the uses, which could be adopted as ordinance and integrated into the zoning code; and
• Accompanying design review applications can include design to increase compatibility between uses on a case-by-case basis.

Proposed 300-Foot School Buffer
One other factor considered by Staff was to apply the 300-foot buffer to the parcel lines of schools that are part of the four school districts within the City. It was found that although a few commercial sites would be affected, the impact City-wide was far less extreme than the 300-foot buffer from residential. The most notable affected sites were a residential site zoned Retail Business District across O’Hara Avenue from O’Hara Park Middle School, portions of the commercial sites on the northwest corner and southwest corners of Laurel Road and O’Hara Avenue near Laurel Elementary School, and a vacant site fronting Carpenter Road between La Grande and Almond Grove School.

The intent of this buffer would be to implement it from schools that are part of the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District. The proposed standard would not include uses such as day care centers (which are typically in commercial zones) or locations where students are homeschooled. If the City Council is in favor of this buffer, it may consider directing Staff to craft more specific language to ensure the standard is applied as intended.

Presentation
A presentation will be given by Staff as a part of the oral report. The presentation will show how the 300-foot buffer from residential land impacts some of the areas discussed in this report. It will also show how the 300-foot buffer from schools will affect adjacent commercial land.
47 Work Session #2 to Discuss Drive-Through Restaurants, Carwashes, Gas Stations, and Self-Storage May 24, 2022

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Performance and Operational Standards Checklist
Staff has created a checklist of the proposed performance and operational standards.

That checklist is attached to this Staff Report and has been provided to each Councilmember in hard copy. Staff is requesting that each Councilmember complete the list and provide a response of “In favor” or “Not in favor” for each standard listed.

The completed checklists can then be returned to the City Clerk at each Councilmember’s earliest convenience. The lists are not required to be completed during this Council Meeting. Staff will use the lists to assist in the deciding which standards to include in the future proposed ordinance. The results of each Councilmember’s list will also be made public in any future packet for consideration of ordinance language related to this topic.

Summary Analysis
In summary, due to the significant effect on existing commercial properties and foreseeable and unforeseeable effects on existing commercial properties that may be caused by future infill residential development, Staff is recommending the land use decisions remain on a case-by-case basis and rely on the existing discretion allowed by Staff and decisions makers and the conditional use process rather than establishing a buffer between certain commercial uses and residential uses. In addition, several performance and operational standards will further ensure the related uses perform and operate in specific manners as eventually ordained into the zoning code. Staff also recommends the Council consider establishing a buffer of 300 feet between schools in the City’s four school districts and the specific uses discussed in this Staff Report.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Growth Goal and Strategic and Thoughtful Growth Sub-Goal.

Fiscal Impact
There is no fiscal impact to the General Fund in relation to this work session.

Recommendation
Staff recommends the City Council receive the Staff Report and Staff Presentation, hold the Work Session, including receiving public comments, and provide Staff with oral and/or written direction on the topic of regulating all or some of the discussed uses.

Attachments

1. Notice of Work Session

2. Staff Report from July 13, 2021 Work Session

3. Staff Report from September 28, 2021 Public Hearing

4. Checklist of Draft Performance and Operational Standards 48 Ordinance No. 1 of 10
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING ZONING TEXT AMENDMENTS TO ARTICLE 12 OF CHAPTER 1 OF TITLE 9 OF THE OAKLEY MUNICIPAL CODE (“SPECIAL LAND USES”) – ADDING FOUR

SUBSECTIONS TO ADDRESS DRIVE-THROUGH RESTAURANTS, CARWASHES, GAS STATIONS, AND SELF-STORAGE (RZ 04-21)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Subsection 9.1.1210 of the Oakley Municipal Code, titled “Gasoline Service Stations. – Reserved,” is hereby amended to have the title, “Reserved.” SECTION 2. Subsection 9.1.1236, titled “Drive-Through Restaurants,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1236 Drive-Through Restaurants.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for restaurants or food-related uses seeking to incorporate one or more drive-through lanes in association with the proposed use. 1) This subsection shall apply to any use proposed within the City of Oakley that is considered a “Drive-thru Restaurants and Services,” and that is a restaurant or food/drink-related business.
b. Definitions and Meanings.
1) For the purposes of this subsection “Drive-Through” is interchangeable with “Drive-thru” found elsewhere in the Oakley Municipal Code. 2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a proposed drive-through restaurant shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and drive-through lane queuing for the purposes of providing recommendations to avoid conflicts between various modes of 49 Ordinance No. 2 of 10
transportation.. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required. 2) An application for a proposed drive-through restaurant shall include either a detailed acoustical analysis of the menu board speaker consistent with the proposed site plan, or a detailed specification sheet on the menu board speaker and any sound reducing technologies it may incorporate. All menu board speakers shall function in compliance with the City of Oakley General Plan.
3) Any proposed drive-through restaurant shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the drive-through restaurant’s drive-through lane, building dimensions, or entry driveways, whichever is nearest.
4)3) No portion of the drive-through lane or its required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.

The drive-through shall not take ingress or egress from a local residential road.
5)4) The entire drive-through lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director. 6)5) Menu boards shall be oriented or screened to avoid direct visibility from adjacent public streets.
7)6) The speaker box on menu boards shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting. 8)7) Pedestrian access to the building either from the parking lot or public right of way shall not cross the drive-through lane at any point between the last queuing area and end of the building facade where the pick-up window is located.
d. Operational Standards.
1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit an operational plan related toa litter control, and/or recycling plan as a part of the conditional use permit 50 Ordinance No. 3 of 10
application, subject. In addition to the review and approval of the Community Development Director.
2)3) The applicantlitter control plan, the site shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens whilemaintained in a litter free condition and no unreasonable odors shall be generated on the premises, subjectsite. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the grounds of the use overnight. Employees shall be required daily to the reviewpick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and approvalwithin 300 feet of the Community Development Director. The operational plan shall include plans to ensureperimeter. Any graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.”.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses.

The
4) on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.” SECTION 3. Subsection 9.1.1238, titled “Carwashes,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1238 Carwashes.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for carwashes.
1) This subsection shall apply to any carwash use proposed within the City of Oakley, including carwashes ancillary to gas stations, self-service carwashes, stand-alone automated carwashes, and carwash businesses that may include additional detailing whether indoors or under a shade structure.
b. Definitions and Meanings.
1) For the purposes of this subsection “Carwash” may include the types of carwashes listed above. If a part of this subsection only applies to specific type of carwash, it will be explicitly stated as such. Otherwise, the part applies to all types of carwashes.
51 Ordinance No. 4 of 10
2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a proposed carwash shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and queuing for the purposes of providing recommendations to avoid conflicts between various modes of transportation.. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
2) An application for a proposed carwash shall include a detailed acoustical analysis of noise generated by the use, and confirm that the use complies with the noise thresholds in the City of Oakley General Plan in relation to noise impacts on sensitive uses. If a generally accepted decibel variance allowance would result in the noise exceeding a threshold, the noise source shall be reduced until the analysis shows the noise, including any decibel variance allowance, falls within the thresholds in the General Plan. 3) Any proposed carwash shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map to the limits of the carwash building. 4)3) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within 1,000 feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director.
5)4) No portion of the required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.
6)5) The entire carwash queuing lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director. 52 Ordinance No. 5 of 10
7)6) Any speaker box on automated payment machine shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting.
8)7) Pedestrian access to the building either from the parking lot or public right of way shall not cross the queuing lane at any point between the automated payment machine and entrance to the carwash. Nor should it be located within 25 feet of the exit of the carwash.
d. Operational Standards.
1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit an operational plan related toa litter control, and/or recycling plan as a part of the conditional use permit application, subject. In addition to the review and approval of the Community Development Director.
litter control plan, the site
2)3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens whilemaintained in a litter free condition and no unreasonable odors shall be generated on the premises, subjectsite. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the grounds of the use overnight.

Employees shall be required daily to the reviewpick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and approvalwithin 300 feet of the Community Development Director. The operational plan shall include plans to ensureperimeter. Any graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.”.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
SECTION 4. Subsection 9.1.1240, titled “Gas Stations,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
53 Ordinance No. 6 of 10
“9.1.1240 Gas Stations.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for gas stations.
1) This subsection shall apply to any gas station use proposed within the City of Oakley, whether or not they include a convenience store, carwash, or vacuum stations.
b. Definitions and Meanings.
1) For the purposes of this subsection “Gas Station” is interchangeable with “Gasoline Service Station” found elsewhere in the Oakley Municipal Code. 2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a gas station shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety for the purposes of providing recommendations to avoid conflicts between various modes of transportation.. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
2) Any proposed gas station shall be a minimum of 300 feet (three-hundred feet) from the parcel lines of any school within the Antioch Unified School District, Brentwood Elementary School District, Oakley Union Elementary School District, and Liberty Union High School District, as measured by the shortest distance in a straight line on a map from to the limits of the gas station’s parcel lines, building dimensions, or entry driveways, whichever is nearest.
3)2) Any proposed gas station shall be minimum of 500 feet from an existing gas station, as measured between the shortest distance from either the perimeter of the gas station operations or parcel lines, subject to the determination by the Community Development Director, except. Except that any intersection of two arterial streets (as defined in the City’s General Plan) or of any two existing streets each with at least four travel lanes (two 54 Ordinance No. 7 of 10
in each direction) may have two gas stations on separate corners. An exception toIn the 500 foot buffer ay also be considered if a case where there are two gas station is part of a larger master development plan consisting of at least 45,000 square feet of building floor area, subject toon two corner, efforts should be made so the approval of the applicable decision making bodytwo gas stations mainly serve opposite flows of traffic. 4)3) The speakers on gas pumps shall comply with all applicable noise regulations in the Oakley General Plan.
5)4) Any new gas station shall include a parking location for fueling trucks that does not block or cross over any required drive aisles or off-street parking spaces.
6)5) Any new gas station shall consider including alternative fuels pumps as an option to customers with alternative fuel vehicles.
d. Operational Standards.
1) Hours of operation for all or any individual component of a gas station (i.e.,. pumps, convenience store, carwash, or vacuum stations) may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit an operational plan related toa litter control, and/or recycling plan as a part of the conditional use permit application, subject. In addition to the review and approval of the Community Development Director.
litter control plan, the site
2)3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens whilemaintained in a litter free condition and no unreasonable odors shall be generated on the premises, subjectsite. The on-site manager shall make all reasonable efforts to see that trash and litter originating from the use or its patrons is not deposited on adjacent properties, or left on the grounds of the use overnight.

Employees shall be required daily to the reviewpick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and approvalwithin 300 feet of the Community Development Director. The operational plan shall include plans to ensureperimeter. Any graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.”.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 55 Ordinance No. 8 of 10
4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
SECTION 5. Subsection 9.1.1242, titled “Self-Storage,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1242 Self-Storage.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for self-storage.
1) This subsection shall apply to any self-storage use proposed within the City of Oakley, including self-storage uses that incorporate a component of frontage retail or other commercial activities.
b. Definitions and Meanings.
1) For the purposes of this subsection “Self-Storage” is interchangeable with “Mini-storage Facility” found elsewhere in the Oakley Municipal Code. Selfstorage does not refer to any sort of outdoor storage of materials, vehicles, equipment, etc. It applies to the conventional self-storage use where customers rent lockable space to store personal goods
c. Performance Standards.
1) Any application for approval of a conditional use permit for a self-storage use shall include a demand study that supports the need for the new business in order to accommodate population growth within the City of Oakley rather than growth of surrounding jurisdictions. 2) Any self-storage proposed as a part of a mixed-use project with a retail/commercial frontage in the C (General Commercial) District shall meet the following minimum standards:
i. The project shall be designed so only the storefronts for the retail component and tenant spaces/buildings are directly accessible and visible from the main street frontage, with the exception of the selfstorage leasing office, which may also be accessible and visible. All building area for self-storage shall be located behind the frontage buildings.
ii. Off-street parking for the commercial component shall provide at least 1 parking space per 200 square feet of gross floor area, regardless of any known uses at the time of the conditional use permit application, unless those uses require a higher number of 56 Ordinance No. 9 of 10
parking spaces for the relative floor area, in which case that number should be applied to that area.
iii. The storing or renting of moving vans/trucks shall only be allowed if explicitly stated in the conditional use permit. Moving vehicles may only consist of self-motorized vehicles and shall be stored in designated areas that do no occupy required parking or drive aisles associated with the self-storage. No moving vehicles may be stored in areas visible from the adjacent right of way(s) or be used as signage.
d. Operational Standards.
1) Hours of operation for entrance to the self-storage area may be limited as a condition of approval in the conditional use permit.
2) The applicant shall prepare and submit an operational plan related to a litter control, and/or recycling plan as a part of the conditional use permit application, subject to that shall be included in the reviewleasing contract for all future tenants of the site (if part of a mixed-use project). In addition to the litter control plan, the site shall be maintained in a litter free condition and approval of the Community Development Director.
2)3) no unreasonable odors shall be generated on the site. The applicant shall prepareon-site manager shall make all reasonable efforts to see that trash and submit an operational plan addressing noise, loiteringlitter originating from the use or other potential nuisances that may be caused by employees,its patrons is not deposited on adjacent properties, or other citizens whileleft on the premises, subjectgrounds of the use overnight.

Employees shall be required daily to the reviewpick up trash or litter on or adjacent to the site, as well as any visible litter originating from the site and approval of the Community Development Director. The operational plan shall include plans to ensurewithin 300 feet of the perimeter. Any graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.”.
3) The on-site manager shall not permit and shall make an attempt to prohibit any loud music, noise, or other amplified sounds, as well as parking lot loitering, gatherings, or other activities than may disrupt the quiet and peace of the premises, surrounding commercial uses, and surrounding land uses. 4) The on-site manager shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.”
SECTION 6. California Environmental Quality Act (CEQA). 57 Ordinance No. 10 of 10
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 in that they do not relax any land use requirements or bypass any project’s requirement to comply with CEQA.

SECTION 7. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed 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.

The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on , 20232022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____________________________________
Aaron MeadowsRandy Pope, Mayor
Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
58 Ordinance No. 1 of 8
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING ZONING TEXT AMENDMENTS TO ARTICLE 12 OF CHAPTER 1 OF TITLE 9 OF THE OAKLEY MUNICIPAL CODE (“SPECIAL LAND USES”) – ADDING FOUR

SUBSECTIONS TO ADDRESS DRIVE-THROUGH RESTAURANTS, CARWASHES, GAS STATIONS, AND SELF-STORAGE (RZ 04-21)
The City Council of the City of Oakley does ordain as follows:

SECTION 1. Subsection 9.1.1210 of the Oakley Municipal Code, titled “Gasoline Service Stations. – Reserved,” is hereby amended to have the title, “Reserved.” SECTION 2. Subsection 9.1.1236, titled “Drive-Through Restaurants,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1236 Drive-Through Restaurants.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for restaurants or food-related uses seeking to incorporate one or more drive-through lanes in association with the proposed use. 1) This subsection shall apply to any use proposed within the City of Oakley that is considered a “Drive-thru Restaurants and Services,” and that is a restaurant or food/drink-related business.
b. Definitions and Meanings.
1) For the purposes of this subsection “Drive-Through” is interchangeable with “Drive-thru” found elsewhere in the Oakley Municipal Code. 2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a proposed drive-through restaurant shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and drive-through lane queuing for the purposes of providing recommendations to avoid conflicts between various modes of 59 Ordinance No. 2 of 8
transportation. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required. 2) An application for a proposed drive-through restaurant shall include either a detailed acoustical analysis of the menu board speaker consistent with the proposed site plan, or a detailed specification sheet on the menu board speaker and any sound reducing technologies it may incorporate. All menu board speakers shall function in compliance with the City of Oakley General Plan.
3) No portion of the drive-through lane or its required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.

The drive-through shall not take ingress or egress from a local residential road.
4) The entire drive-through lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director. 5) Menu boards shall be oriented or screened to avoid direct visibility from adjacent public streets.
6) The speaker box on menu boards shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting. 7) Pedestrian access to the building either from the parking lot or public right of way shall not cross the drive-through lane at any point between the last queuing area and end of the building facade where the pick-up window is located.
d. Operational Standards.
1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director. 3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.” 60 Ordinance No. 3 of 8
SECTION 3. Subsection 9.1.1238, titled “Carwashes,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1238 Carwashes.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for carwashes.
1) This subsection shall apply to any carwash use proposed within the City of Oakley, including carwashes ancillary to gas stations, self-service carwashes, stand-alone automated carwashes, and carwash businesses that may include additional detailing whether indoors or under a shade structure.
b. Definitions and Meanings.
1) For the purposes of this subsection “Carwash” may include the types of carwashes listed above. If a part of this subsection only applies to specific type of carwash, it will be explicitly stated as such. Otherwise, the part applies to all types of carwashes.
2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not be considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a proposed carwash shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety and queuing for the purposes of providing recommendations to avoid conflicts between various modes of transportation. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
2) An application for a proposed carwash shall include a detailed acoustical analysis of noise generated by the use, and confirm that the use complies with the noise thresholds in the City of Oakley General Plan in relation to noise impacts on sensitive uses. If a generally accepted decibel variance allowance would result in the noise exceeding a threshold, the noise source 61 Ordinance No. 4 of 8
shall be reduced until the analysis shows the noise, including any decibel variance allowance, falls within the thresholds in the General Plan. 3) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within 1,000 feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director.
4) No portion of the required queuing as determined in the traffic analysis shall obstruct any drive aisles or off-street parking.
5) The entire carwash queuing lane shall be screened from adjacent street and residential views to a height of at least three feet. Screening devices shall be a combination of berming, hedge and landscape materials, and solid walls as approved by the Community Development Director. 6) Any speaker box on automated payment machine shall be oriented away from adjacent residential uses or other commercial uses with an outdoor setting.
7) Pedestrian access to the building either from the parking lot or public right of way shall not cross the queuing lane at any point between the automated payment machine and entrance to the carwash. Nor should it be located within 25 feet of the exit of the carwash.
d. Operational Standards.
1) Hours of operation may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director. 3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.” SECTION 4. Subsection 9.1.1240, titled “Gas Stations,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
62 Ordinance No. 5 of 8
“9.1.1240 Gas Stations.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for gas stations.
1) This subsection shall apply to any gas station use proposed within the City of Oakley, whether or not they include a convenience store, carwash, or vacuum stations.
b. Definitions and Meanings.
1) For the purposes of this subsection “Gas Station” is interchangeable with “Gasoline Service Station” found elsewhere in the Oakley Municipal Code. 2) “Sensitive Uses,” as referenced in this subsection shall mean any Residential or Agricultural designated property, whether occupied or vacant, on the Oakley General Plan Land Use Map, any legal and conforming residential use, or any public or private school with students in any grade ranging from K-12. Residential uses located in non-residential zoning districts and General Plan land use designations are not considered “Sensitive Uses” for the purposes of this subsection. Other uses may be considered as “Sensitive Uses” subject to the discretion of the Community Development Director.
c. Performance Standards.
1) An application for a gas station shall include a traffic analysis that specifically analyzes onsite and nearby pedestrian/bicycle safety for the purposes of providing recommendations to avoid conflicts between various modes of transportation. This analysis is in addition to any Vehicle Miles Traveled (“VMT”) or Level of Service (“LOS”) analysis that may already be required.
2) Any proposed gas station shall be minimum of 500 feet from an existing gas station, as measured between the shortest distance from either the perimeter of the gas station operations or parcel lines, subject to the determination by the Community Development Director, except that any intersection of two arterial streets (as defined in the City’s General Plan) or of any two existing streets each with at least four travel lanes (two in each direction) may have two gas stations on separate corners. An exception to the 500 foot buffer ay also be considered if a gas station is part of a larger master development plan consisting of at least 45,000 square feet of building floor area, subject to the approval of the applicable decision making body.
3) The speakers on gas pumps shall comply with all applicable noise regulations in the Oakley General Plan.
63 Ordinance No. 6 of 8
4) Any new gas station shall include a parking location for fueling trucks that does not block or cross over any required drive aisles or off-street parking spaces.
5) Any new gas station shall consider including alternative fuels pumps as an option to customers with alternative fuel vehicles.
d. Operational Standards.
1) Hours of operation for all or any individual component of a gas station (i.e., pumps, convenience store, carwash, or vacuum stations) may be limited as a condition of approval in the conditional use permit as necessary to achieve compatibility with adjacent sensitive land uses.
2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director. 3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.” SECTION 5. Subsection 9.1.1242, titled “Self-Storage,” is hereby added to the Oakley Municipal Code in its entirety, as follows:
“9.1.1242 Self-Storage.
a. Purpose and Intent. It is the purpose of this subsection to specify performance and operational standards for self-storage.
1) This subsection shall apply to any self-storage use proposed within the City of Oakley, including self-storage uses that incorporate a component of frontage retail or other commercial activities.
b. Definitions and Meanings.
1) For the purposes of this subsection “Self-Storage” is interchangeable with “Mini-storage Facility” found elsewhere in the Oakley Municipal Code. Selfstorage does not refer to any sort of outdoor storage of materials, vehicles, equipment, etc. It applies to the conventional self-storage use where customers rent lockable space to store personal goods
c. Performance Standards.
64 Ordinance No. 7 of 8
1) Any application for approval of a conditional use permit for a self-storage use shall include a demand study that supports the need for the new business in order to accommodate population growth within the City of Oakley rather than growth of surrounding jurisdictions. 2) Any self-storage proposed as a part of a mixed-use project with a retail/commercial frontage in the C (General Commercial) District shall meet the following minimum standards:
i. The project shall be designed so only the storefronts for the retail component and tenant spaces/buildings are directly accessible and visible from the main street frontage, with the exception of the selfstorage leasing office, which may also be accessible and visible. All building area for self-storage shall be located behind the frontage buildings.
ii. Off-street parking for the commercial component shall provide at least 1 parking space per 200 square feet of gross floor area, regardless of any known uses at the time of the conditional use permit application, unless those uses require a higher number of parking spaces for the relative floor area, in which case that number should be applied to that area.
iii. The storing or renting of moving vans/trucks shall only be allowed if explicitly stated in the conditional use permit. Moving vehicles may only consist of self-motorized vehicles and shall be stored in designated areas that do no occupy required parking or drive aisles associated with the self-storage. No moving vehicles may be stored in areas visible from the adjacent right of way(s) or be used as signage.
d. Operational Standards.
1) Hours of operation for entrance to the self-storage area may be limited as a condition of approval in the conditional use permit.
2) The applicant shall prepare and submit an operational plan related to litter control, and/or recycling as a part of the conditional use permit application, subject to the review and approval of the Community Development Director. 3) The applicant shall prepare and submit an operational plan addressing noise, loitering or other potential nuisances that may be caused by employees, patrons, or other citizens while on the premises, subject to the review and approval of the Community Development Director. The operational plan shall include plans to ensure graffiti shall be removed within 48 hours of it being discovered by or reported to the businesses.” 65 Ordinance No. 8 of 8
SECTION 6. 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 in that they do not relax any land use requirements or bypass any project’s requirement to comply with CEQA.

SECTION 7. Effective Date and Posting.

The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on , 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____________________________________
Aaron Meadows, Mayor Date
ATTEST:
____________________________________
Libby Vreonis, City Clerk Date
66 STAFF REPORT
Approved and Forwarded to the City Council
DATE: January 24, 2023
TO: Joshua McMurray, City Manager
FROM: Libby Vreonis, City Clerk; Kim Snodgrass, Deputy City Clerk Cc: Brent Smith, Community Development Director
SUBJECT: Appeal of Hearing Officer’s Decision Regarding the Illegal use of Fireworks
Background and Analysis
Appellant is the property owner of 4799 Bayside Way, Oakley, California. On July 1, 2022, an Oakley Police officer on patrol saw several significantly large mortar style fireworks coming from the area of Bayside Way. As the officer approached the residence at 4799 Bayside Way, he observed several subjects gathered in the driveway who ran into the house upon the officer’s arrival. The officer saw smoke and firework remnants in the driveway and observed several juveniles taking the spent firework shells and running into the garage while the property owner was watering the front lawn where the fireworks were being launched from. The officer spoke with an adult male who said all the fireworks were gone and that he was done for the night. The officer did not see who was physically lighting the fireworks off, but the adult male acknowledged hosting the fireworks show and his statement was recorded on the officer’s body worn camera.

On July 6, 2022, Code Enforcement mailed Administrative Citation AC-22-000206 to the property owner.

On July 12, the property owner submitted the request for Appeal of Administrative Citation form along with the hardship waiver, the hardship waiver was denied, and a denial letter was sent to the property owner informing him that to secure a hearing he would be required to make a deposit of $250.

On July 22, 2022, the Community Development Director spoke to the property owner and informed him that he would need to make the deposit to secure a hearing. The property owner was adamant that he was not responsible, and that Police had spoken to his neighbor.
67 On July 25, 2022, the property owner paid the deposit to secure a hearing.

On August 17, 2022, the matter was heard before an administrative hearing officer with the property owner and Chief of Police present. During the hearing, the Chief of Police testified that the patrol officer had body worn camera footage of the property owner admitting he had hosted the fireworks display. The property owner denied speaking to the officer and making such a statement. The camera footage was not available at this hearing; therefore, the hearing officer ordered a continuation of the hearing so that the body worn camera footage could be made available for review by him as well as the property owner.

On September 28, 2022, a continued hearing was held. The hearing officer, Chief of Police and property owner were present. The camera footage was reviewed during the continued hearing. The hearing officer’s decision affirmed the citation and denied the appeal, indicating, “…irrelevant that the officer was talking to “a neighbor” or whether that person admitted to being involved…The Oakley ordinance holds property owners responsible for the use of fireworks on their property, whether or not they personally were involved in setting them off.” On September 29, 2022, a copy of the decision was mailed to the property owner.

On October 19, 2022, the property owner called Code Enforcement to say that his neighbor admitted to discharging the fireworks in the street in front of his home and agreed to take full responsibility. Code Enforcement documented this in their case notes and requested that he have the neighbor contact Code Enforcement to pay the fine.

On October 20, 2022, the property owner called and requested a refund of his deposit and informed Code Enforcement that he wants responsibility to be put on his neighbor. He was informed that he would need to go through the appeal process to present the new information.

On October 24, 2022, the neighbor called Code Enforcement for an update, he was provided an update, and it was suggested he contact the property owner to coordinate since another appeal would have to be submitted for further consideration.

The property owner was informed that he could have the neighbor pay the fine and the case would be closed but he was adamant about having his name removed from the case.

On November 3, 2022, when the property owner was contacted by Code Enforcement, he advised Code Enforcement that he would like to continue with the appeal of the hearing officer’s decision to the City Council and acknowledged he understood the appeal would not be on the calendar until January 2023. 68 On December 15, 2022, staff mailed a Notice of Hearing to the property owner advising of the hearing date, time, and location.

Staff Recommendation
Staff recommends that the City Council review the Hearing Officer’s decision and either confirm or deny the decision.

Attachments

1. Administrative Citation dated July 6, 2022

2. Request for Appeal of Administrative Citation

3. Hearing Officer’s Order to Continue

4. Hearing Officer’s Decision

5. Request for Appeal of Hearing Officer’s Decision

6. Statements from neighbors

7. Notice of Hearing
69 ADMINISTRATIVE CITATION
Mailing Date: July 6, 2022

FLORES DARRELL & ELIDE
4799 BAYSIDE WAY
OAKLEY, CA 94561-3245
Citation No: AC-22-000206
Responsible
Party:

FLORES DARRELL &
ELIDE
Property
Address: 4799 BAYSIDE WAY
Parcel Number: 035-740-035
Case Number: CE-22-0701
To FLORES DARRELL & ELIDE, Date: July 6, 2022
The property listed above has been found to be in violation of the City of Oakley’s Municipal Code. As a result of the inspection on July 1, 2022, an Administrative Citation is being issued. The violation(s) below require immediate action by the property owner/resident. Payment of this Citation does not relieve the burden of correcting the remaining violation(s). This account will be referred to a Third Party Collection Agency upon becoming past due.

ADMINISTRATIVE CITATION
OMC § 4.1.104 - Use, Discharge, Possession, Storage or Sale of Fireworks states:
a. It is unlawful and a public nuisance for any person to use, discharge, possess, store or sell fireworks on public or private property without a written, advance authorization issued by the Chief of Police for supervised public displays of fireworks by a jurisdiction, fair association, amusement park, or other organization.
b. It is unlawful and a public nuisance for a responsible person to allow the use, discharge, possession, storage or sale of fireworks on private property when the responsible person knows or should know of the use, discharge,
possession, storage or sale of fireworks at the property.

CITATION AMOUNT: $1,000.00
Pursuant to Section 1.5.203(d) and 1.5.204 (c) of the Oakley Municipal Code (OMC), each day the violation continues is a separate and distinct offense and subject to additional citations. Fines per each count of the OMC Section violated are as follows: Fines are $1,000 per violation.

RIGHTS OF APPEAL
You have the right to contest this Administrative citation at a public hearing before an Administrative Hearing Officer. To request a hearing, you must pay an advance deposit in the full amount of the fine and submit that amount with the written appeal either by mail to the City Clerk, 3231 Main St, Oakley, CA 94561, or in person to the City Clerk’s office at City Hall, within ten (10) working days from the date of the Administrative citation.

A properly filed appeal will result in written notification of the date and time set for your hearing. Failure to appear at your hearing will constitute a failure to exhaust your administrative remedies. Any person who requests an appeal of an administrative citation and is unable to make the advance deposit of the fine required, may file a Waiver of Fine Deposit Application . Applications may be obtained from the City Clerk’s Office at the above address and must be submitted with the appeal request.

RIGHT TO JUDICIAL REVIEW: Any person aggrieved by a decision of the Administrative Hearing Officer on an Administrative citation may obtain review of the decision by filing a petition for review with the Superior Court in Contra Costa County in accordance with the timelines and provisions set forth in the California Government Code Section 530693.4

HOW TO PAY
Attachment 1
70 Payment should be made to: City of Oakley 3231 Main St Oakley, CA 94561.

The total fine amount is $1,000 and must be paid by mail or in person to the City of Oakley by August 5, 2022, which is thirty (30) days from the date of this citation.

Payment may be made by personal check, cashier's check or money order, VISA or Master Card.

Please include the citation number AC-22-000206 on your check or money order.

If the citation is not paid within thirty (30) days or appealed within 10 days from July 6, 2022, you may be subject to the imposition of a twenty-five percent (25%) late payment penalty if the Administrative Fine(s) is not paid by the due date, and interest at the rate of 1.5% per month, compounded monthly, will be added to the fine amount.

FAILURE TO PAY
The City will collect any unpaid Administrative Citation fines or late payment charges by use of all available legal means, including but not limited to those means available for the collection of judgments, special assessment liens on real property and all actions for recovery of money. The city has the authority to collect all costs and attorney fees associated with the filing of such actions.

CONTACT
You may contact Code Enforcement via email at: [email protected] or by calling (925) 625-7031. To better assist you, please reference the Case No. and/or Property Address and provide a brief explanation of your question (ie. Request for Extension, Clarification of Violation).

CITY OF OAKLEY CODE ENFORCEMENT - 3231 MAIN STREET, OAKLEY, CA 94561 71 Finance Department
3231 Main Street
Oakley, CA 94561
Tel (925)625-7000 Fax (925)625-9859
Credit Card Authorization Form
Business Name/Company Name: _________________________________________________________________ Business Address: _____________________________________________________________________________ Cardholder’s Name (as it appears on the credit card):__________________________________________________ Billing Address (if different than business address):___________________________________________________ City:______________________ State:_________________ Zip Code:_________________ Telephone Number: (______)______________________
Amount to be Charged: $ ______________________________
Authorized Signature: ____________________________________ Date:_____________ Card Type: Mastercard Visa
Card #:____________________________ Card ID#:_____________ Expiration Date:________________
CITY STAFF: ONCE YOU HAVE PROCESSED CHARGES THROUGH THE REGISTER, PLEASE ATTACH THE CREDIT CARD RECEIPT AND FORWARD THIS COMPLETED FORM TO THE FINANCE DEPARTMENT AT THE END OF EACH DAY. 72 ATTACHMENT 2
73 74
ATTACHMENT 3
75 ATTACHMENT 4
76 77
ATTACHMENT 5
78 ATTACHMENT 6
79 80
ATTACHMENT 7
81 82

STAFF REPORT
DATE: January 24, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Work Session – Library Initial Feasibility Analysis Background
In April of 2022, the City Council approved a Cooperative Agreement with Contra Costa County that would allow the demolition of the former Contra Costa County Sheriff’s Office substation located at 210 O’Hara Avenue. That demolition work is slated for early this year. The demolition of the structure would mean the City is then deeded the property by the County to find funding for both the construction and eventual ongoing maintenance of a future library building. At that time the City was focused on the parcel the substation sits on, which is half of a larger block bordered by O’Hara Avenue to the west, Acme Street to the north, 2nd Street to the east and Ruby Street to the south.

The other half of the
block is owned by the
City and houses the
Oakley Seniors in the
Senior Center located in
a repurposed 1960’s fire
station. Each parcel is
approximately 27,000
square feet and the entire
City block is 54,000
square feet or 1.24-acres.

The two parcels are shown outlined in yellow.

Since that time, the City hired Management Partners (now Baker Tilly after an acquisition), to conduct a feasibility analysis on a potential new Library. The analysis focuses on the entire City block and has several options for the City Council to review and provide direction on. Staff gave the consultant simple parameters in that we wanted options that would include little to no debt service to the City, the desire to look for alternative funding arrangements that would not focus on asking the residents of Oakley for a new tax or assessment. We also wanted to ensure we look at possibly providing space for community groups, like the Oakley Seniors and Veterans of Oakley who have inadequate space in the City right now. In addition, the County Library routinely partners with other County services and a larger space in Oakley could lead to more partnerships. 83
Library Work Session
January 24, 2023

Page 2 of 2 ends

All of the options to be presented have a mixed-use multi-family housing component incorporated into the project. The purpose of the housing component allows the City to utilize a Public Private Partnership (P3) model, which in this case would allow a developer to provide the City a public facility as part of a private development project.

The attached analysis details how that is possible and how variations on the concept reduce or almost eliminate any debt service to the City.

There are many moving parts and some unanswered questions. One of those questions is how the County would view this change in direction as we are now discussing the possibility of adding housing on the parcels (both City and County). At the time the agreement was signed, the City was focused on the single parcel the substation currently sits on, without housing. The analysis, in my opinion, meets the intent of the agreement but does change the current arrangement which would need to be discussed with the County and possibly an amendment to the current agreement could be needed.

There are some decision points that need to be made and Staff would like direction after receiving the presentation from our consultant. Staff will discuss this in more detail at the work session and will guide the Council based on the analysis presented.

In response to a request made by Councilmember Fuller at the January 10th City Council Meeting, Staff has asked for an update on the Library Foundation of Contra Costa (LFCC). Contra Costa County Librarian Alison McKee and Nicole Gemmer, Chair of the LFCC Organizing committee, will be present to provide an update to the City Council.

Recommendation
Staff recommends the City Council provide direction to Staff based on the initial feasibility analysis presented during this work session.

Attachments

1. Initial Feasibility Analysis for Oakley Library Mixed-Use Project

2. Staff Report dated April 26, 2022
84 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 July 1, 2022
Mr. Joshua McMurray
City Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
Dear Mr. McMurray:

Thank you for the opportunity to provide a proposal to help evaluate the feasibility of constructing a new library and potentially a new senior center in Downtown Oakley, consistent with the community and economic development goals of the City’s Strategic Plan. As part of this effort, we understand that City leaders are interested in pursuing a public/private partnership for a mixed-use development, among other potential funding options.

Entering into a public/private partnership to construct public and private facilities is a complex undertaking with many variables to consider. Management Partners has the expertise and skills necessary to provide this assistance, and we would be pleased to do so. Before we discuss our approach, we would like to share some brief information about our firm.

About Management Partners
Management Partners was founded in 1994 with a specific mission to help local government leaders improve their service to the public. Since then, we have worked with cities, counties, towns, and special districts of all sizes across the United States to help them work more effectively and run more efficiently.

We offer a balance of perspectives with a practitioner’s bias and a proven track record of successful consulting engagements. This experience gives us a sensitivity that produces positive outcomes. We are proud to say that as a result of our quality work, many of our clients ask us to complete subsequent assignments.
 We Know Local Government. Our associates have served in local governments, so we have a deep understanding of the operating and political environments in which you work.  We Take a Collaborative Approach. We consider ourselves part of your team and strive to ensure our work supports your overall corporate strategy and goals.  We Have Extensive Experience. Each of our more than 100 associates is an expert in one or more service areas, and our firm has assisted hundreds of jurisdictions in 44 states.  We Have Developed Proven Methodologies. We understand the importance of a holistic approach to improving organizations, using field-tested methods for each aspect of the work.  Our Work Plan is Tailored to Your Needs. Each of our projects is individually tailored to our client’s unique needs, starting with a careful learning process. 85 Mr. Joshua McMurray Page 2
 We Take Pride in the Quality of Our Work. Our internal processes ensure first-rate, complete staff work and adherence to the highest of ethical standards in public service.  We Are Focused on Implementation. As practitioners, our recommendations make practical sense and are able to be implemented.
 We Provide a Full Suite of Services. Management Partners’ services include everything required to support local government leaders, including organization assessments, performance management, process improvement, strategic planning, and financial planning, budgeting and analysis.

Understanding of the Engagement
Incorporated in 1999, Oakley is the eleventh newest city in California. An agricultural past gave rise to a growing community with landscaped parks, recreational opportunities, shopping centers and planned business and commercial development. Current and new residents alike desire a vibrant community with diverse amenities. A key amenity that the City lacks is a robust library in the downtown area. The current library space shared with the high school (3,000 square feet) is significantly limited in programming, community access, and available space.

In April 2022, leaders in Oakley adopted a five-year Strategic Plan that includes community and economic development goals to align residential, commercial, and industrial growth in part to:
 Develop the downtown area by adding mixed uses;
 Develop or sell City-owned property based on the community benefit; and  Consider constructing a new library as a unifying location for seniors, youth, and veterans, and a potential satellite location for County services.

To further these goals, the City recently entered into a cooperative agreement with Contra Costa County to share the cost of demolishing a vacant Sheriff’s Office substation, adjacent to City-owned property, that could pave the way for a downtown community library and other potential uses. The agreement includes a provision to transfer ownership of the building from the County to Oakley if library funding is secured by the City by July 30, 2024. Together, the parcels comprise a 1.1-acre site that could possibly support a library and a senior center.

City leaders now wish to engage a consulting firm to conduct preliminary site and financing analysis, and associated coordinating activities more fully described below in our proposed plan of work.

Proposed Plan of Work
Based on our experience with public/private partnerships and our understanding of the needs of the City of Oakley, we have prepared the following plan of work.

Activity 1 – Start Project
Management Partners will begin the project by meeting with you, the assigned project manager, and other appropriate staff. The project start-up activity forms the foundation of the relationship between Management Partners’ team and the City’s team. During this initial meeting, we will confirm deliverables and due dates to ensure the project is completed on time and on budget and that our proposed scope of work is aligned precisely to meet your goals. 86 Mr. Joshua McMurray Page 3
We understand that the work associated with this review is in addition to the normal work of the organization. Our goal is to integrate our activities in a manner that is thoughtful and minimizes disruption to the department.

We will have provided a data request prior to this meeting and will review the material collected by staff to identify any other data needs.

Activity 2 – Gather and Review Background Information
Next, Management Partners will gather and review background information, including the following.  Review background material. To develop an informed understanding of the potential opportunities and issues associated with financing and constructing a library, we will review available information on the (unsuccessful) Oakley Library Ballot Measure K, as well as existing agreements with Contra Costa County that may impact library financing and construction. These items will be detailed in the document request referenced in Activity 1.  Conduct interviews. Management Partners will interview appropriate City leaders to learn about available land for residential development, existing development impact fees, and zoning standards for the site.

At the conclusion of this activity, we will summarize the results of our review, and identify any additional information that may be needed to conduct the preliminary analysis outlined in Activity 3.

Activity 3 – Conduct Preliminary Site and Financing Analysis During this activity, we will conduct the following preliminary analysis to evaluate siting and financing options.
 Assess the potential amount of site development and size of library and senior center,  Review affordable housing goals,
 Explore potential funding sources including development impact fees, grants, and public/private partnerships (3P), and
 Determine Surplus Land Act constraints on 3P approach with legal counsel.

The deliverable associated with this activity will be a report for staff and the City Council. The report will include our initial analysis and proposed elements of a request for proposals process to engage a team of development-related experts.

Activity 4 – Prepare a Request for Proposals (RFP) and Coordinate Solicitation Process During this activity, we will perform the tasks outlined below to ensure that the right mix of consultants is engaged to achieve the City’s desired goals.
 Determine consulting team required for detailed analysis that includes the disciplines of architecture, economic development, finance, and real estate development.  Draft an RFP for review by staff and City Council.
 Coordinate the solicitation and review of proposals and the award of a consultant contract.

Activity 5 – Coordinate Detailed Site and Financing Analysis Once the development consulting team is in place, a significant amount of work will be necessary to archive and organize the various analyses and documents that will be produced. During this activity, the Management Partners team will:
 Coordinate the development consulting team’s analyses and assist with the preparation of associated summary reports.
 Facilitate internal stakeholder discussions to determine desired uses within site capacity. 87 Mr. Joshua McMurray Page 4
 Provide expert advice to City leaders on available and practical financing options.  Recommend action planning steps to create the new library and/or mixed-use facility.  Prepare concise information for staff to include in City Council presentations and reports regarding the detailed site and financing analysis.

Our Experience and Qualifications
In addition to the references below, our website, managementpartners.com, has information about our past clients, which include hundreds of jurisdictions in 44 states, and you are welcome to contact any of them about our performance.

City of Hayward, California Economic Development Management Services Management Partners was engaged to provide expert consulting assistance for the disposition of surplus property the City acquired from Caltrans for the defunct 238 Freeway Bypass. Our work involved preparing work plans with tasks, deliverables, and timelines; preparing various reports for policy bodies; coordinating the work of third-party consultants to analyze parcels and California Environmental Quality Act (CEQA) review; coordinating research for the City of Hayward staff coordinating committee; and coordinating the transfer of property management for tenants.

Contact: Ms. Kelly McAdoo, City Manager
City of Hayward
777 B Street, 4th Floor
Hayward, CA 94541
(510) 583.4305
[email protected]
Santa Barbara County, California County Library Consulting Services Management Partners was retained by Santa Barbara County to examine the library system and current funding model to identify improvements in sustainability, funding, equity among stakeholders and communities, and improvements in library services for Santa Barbara County residents. Our approach included conducting interviews with a variety of stakeholders, including County Supervisors, elected officials from cities served by the library system, library directors, Library Advisory Committee members, Friends’ Groups members, and others interested in the future of the library; researching case studies from six county library systems with varying service delivery models; and reviewing budgets and numerous other documents. Recommendations focused on improvements to funding and service delivery.

Contact: Mr. George Chapjian, Director
Community Services Department
County of Santa Barbara
123 East Anapamu Street
Santa Barbara, CA 93101
(805) 568-2467
[email protected]
Midpeninsula Regional Open Space District, California Organizational and Workforce Development
This special district owns and operates preserves and undeveloped open space within portions of San Mateo and Santa Clara Counties. In 2014 voters passed a $300 million bond measure to enable the 88 Mr. Joshua McMurray Page 5
District to develop and open more preserves and obtain additional open space. This doubled the District’s capital improvement and acquisitions budget, and also represented a major increase in maintenance and operations responsibilities. Midpeninsula retained Management Partners to develop a plan to overhaul staffing and organizational arrangements in the District to be able to handle the additional responsibilities and expectations created by the passage of the bond measure. This represented a fundamental shift in the operational environment similar to that being confronted by OCERS. Management Partners has continued to assist Midpeninsula as they implement the staffing and operational changes recommended in the initial workforce analysis. The project resulted in the development of several new and substantially revised programs in response to a large bond measure.

Contact: Ms. Ana Ruiz, General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(650) 691-1200
[email protected]
Our Team
We have a strong project team that is well-qualified to complete this work for Oakley. Andy Belknap will serve as project director and will oversee the substantive work of the project. Patrick O’Keeffe will serve as project manager and will be responsible for execution of the project. They will be supported by Steve Mermell, Slater Matzke, Pete Gonda, and Management Partners’ analyst staff. Brief qualifications of each team member are provided below. Additional subject matter experts will be available to assist as the engagement progresses and options are refined.

Andrew Belknap, Senior Vice President
 More than 20 years of local government experience, including service as a city manager, public works director, a variety of interim management positions, and as consultant to California municipalities and special districts.
 Expert in local government financial management; has led numerous projects to address structural fiscal deficits in diverse settings including the cities of San Jose, Fremont, Santa Ana, Santa Cruz, Bakersfield, Sacramento and Tracy, California as well as the Ports of Oakland and West Sacramento.  During 2008 and 2009, Andy served as an expert witness in the City of Vallejo’s bankruptcy proceeding. In 2011 and 2014 he served as project manager for the City of Stockton’s AB 56 process mediation and subsequent chapter 9 bankruptcy and recovery. Between 2015 and 2017 he managed the City of San Bernardino’s bankruptcy and developed the plan of adjustment for the City, which led to fundamental changes in governance and operations.  As a result of bankruptcy recovery and other work, he is expert at developing alternative service delivery arrangements, as well as revenue development, over a broad array of municipal services including law enforcement, fire, EMS, code enforcement, public works, parks and recreation and community development.
 Andy has served well over 200 California and Nevada local governments, many on multiple occasions, including 19 of the largest 20 cities.
 A trained economist, Andy brings a special expertise to fiscal analysis and public finance issues.

His blend of quantitative skills, coupled with a practitioner’s understanding of public services and management systems, adds value to all types of organizational and policy analysis. 89 Mr. Joshua McMurray Page 6
 Working with a detailed long term fiscal model Andy and Management Partners have developed a tool for modeling “revenue loss” and other eligible funding uses, as specified in the American Rescue Plan (ARPA) legislation and Treasury rules. The model can run a multitude of scenarios and be used in workshops considering alternative uses for ARPA funding.

Patrick O’Keeffe, Special Advisor
 39 years of public sector management experience.
 Provides expert advice to public sector clients in a variety of disciplines, particularly focusing on economic development and real estate. He also serves as facilitator for policy level groups and team meetings and workshops.
 He has a strong understanding of policy issues as well as methods of effectively assisting groups to achieve consensus on critical issues.  Extensive expertise in redevelopment, economic development, capital improvement programs, public-private partnerships, real estate management and financial analysis.  Began his career with the City of Concord Redevelopment Agency where he served as project manager of public facility projects and public/private economic development partnerships.  He then served as director of the Community Development Department/Redevelopment Agency for the City of El Cerrito.
 Served for 12 years as director of economic development and housing for the City of Emeryville, and was then appointed city manager.

Steve Mermell, Special Advisor
 More than 30 years of local government experience, including service as a city manager, assistant city manager, finance director, as well as a variety of other management positions.
 Expert in local government financial management; developed and implemented strategies to address structural budget deficits.

Developed a funding plan to address a $150 million unfunded pension liability. During the 2009 financial crisis, managed the refinancing of $270 million in auction-rate certificates.
 Successfully obtained voter approval for measures related to an increase in local sales tax, cannabis regulation and taxation, a special tax to support library operations, and continuation of annual transfers from power utility fund to the city’s general fund.  As assistant city manager restructured the Pasadena Public Health Department; eliminated millions of dollars of annual losses by shifting clinical programs to non-profit partners while improving service delivery. As city manager oversaw departments’ responses to the COVID-19 pandemic.

Slater Matzke, Special Advisor
 More than 20 years of experience in the public and private sectors with an emphasis on economic development and management support.  Assistance to cities includes organizational capacity building, crossdepartment collaboration, and making operations more efficient and results-oriented.
 Began his career assisting growth-stage businesses with resource acquisition, operational support, and real estate deals, before moving 90 Mr. Joshua McMurray Page 7
into advising state and local governments on economic development initiatives.  Specializes in public-private partnerships and managing projects through the design, strategy, and implementation phases.
 Private sector experience fosters strong connections with the development community, supports complex deals, and enables leverage of private sector interests to maximize community benefits.

Pete Gonda, Senior Manager
 More than 20 years of experience in municipal government, with an emphasis on analytics, budgeting, procurement management, contracts and performance measurement.
 Holds professional procurement certification as a Certified Public Procurement Officer (CPPO).
 Served as purchasing officer for the City of Sunnyvale, California for nine years, where he managed an award-winning centralized purchasing division with $42 million in annual operational spending. Bid and awarded $80 million in capital projects under a federally funded local economic stimulus program at a 30% savings and implemented continuous process improvements for a variety of services.  Served as a senior management analyst in Sunnyvale’s Finance Department, where his responsibilities included intergovernmental relations, policy analysis and revenue/expense management, including cost of service studies and related activities.  Also worked in Sunnyvale’s Department of Public Safety, the City of San Jose’s Office of Economic Development, and the City of Saratoga’s City Manager’s Office.  Since joining Management Partners in 2017, Pete has helped more than 20 jurisdictions in 7 states to improve their procurement functions. Additionally, Pete has assisted with many engagements including finance and public works department assessments; budget and funding analyses/strategies; citywide innovation and efficiency studies; strategic planning sessions; and homelessness operational plans.
 Developed/conducted requests for proposals processes for various clients’ land use studies, engineering design services, and operational outsourcing.

Hours and Cost
Management Partners anticipates devoting 180 hours of our staff time to complete the plan of work described above. The total cost of this project is $40,000, which includes all fees and expenses. The ultimate test of a quality project is that the client is pleased with the results, and we are committed to achieving that goal.

Please let me know if we can provide any additional information.

Sincerely,
Jerry Newfarmer
President and CEO
91 Mr. Joshua McMurray Page 8
Accepted for the City of Oakley by:

Name: _______________________________
Title: _______________________________
Date: _______________________________
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Oakley City CouncilJanuary 24, 2023

Oakley City Council
January 24, 2023