Oakley City Council
March 28, 2023

1. The Draft Housing Element Evades State Law
While the Draft Housing Element meets many of the statutory requirements, it is still deficient, at a minimum, in the two following respects that threaten the creation of affordable housing within and throughout the City. Changes are necessary to bring the Draft Housing Element into compliance with Housing Element Law.
a. Issues with Sites Inventory to Meet LI and MI RHNA Allocations The purpose of the Draft Housing Element Sites Inventory is to demonstrate the City has an inventory of land suitable and available for residential development throughout the community to accommodate the City’s RHNA allocation—at each income level. (Government Code § 65583.2(a).) The City’s RHNA allocation requires a total of 1,058 units—comprised of 446 above moderate-income units [42%]; 172 MI units [16%]; 161 LI units [15%]; and 279 very low-income units [26%]. As discussed below, the Draft Housing Element Sites Inventory is deficient in relation to accommodating the City’s LI3 and MI RHNA allocations. i. LI Accommodation Inappropriate Reliance on “Underutilized” Sites
First, to address its LI allocation the Draft Housing Element relies on “underutilized” (i.e., nonvacant) sites to accommodate nearly half—approximately 46%—of its identified LI capacity. (See Table 3-4 [174 units on underutilized sites counted toward LI RHNA], Table 3-5 [88 units on underutilized site counted toward LI RHNA], and Table 3-9 [Sites Inventory capacity of 569 LI units].) However, the Draft Housing Element provides limited analysis and fails to demonstrate the underutilized sites will realistically be converted to accommodate affordable housing. These are sites with existing uses. The City fails to show why the existing uses, many of which are longstanding, will suddenly change within the next RHNA cycle.

This issue is magnified when one understands that several of the underutilized sites were previously identified for “redevelopment” to accommodate the City’s previous—2015-2023— RHNA allocation; and yet those sites have not been redeveloped with more housing, let alone affordable housing. (See City’s 2015-2023 Housing Element, Appendix A [listing Assessor Parcel Number (“APN”) 033-012-007, 033-180-007, and 033-180-015]; see also EIR Addendum for 2015-2023 Housing Element Update, Table 2 [listing APN 033-012-009 and APN 033-012- 008].) Stated another way, even though almost 80% of the Draft Housing Element underutilized capacity had previously been identified for housing on sites in the 2015-2023 Housing Element, the City continued to identify these underutilized sites without analysis of changes (e.g., economic development and market demand trends, changed market conditions, financial feasibility changes, ownership pattern changes, expiration of any existing impediments, recent experiences with converting the existing uses to higher-density affordable residential 3 Here, LI includes very low-income—in line with the presentation of such by the City. 1478
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development) to demonstrate that the sites will change to realistically accommodate affordable housing during this housing cycle. (See Government Code § 65583.2(g)(1).) Without a strong explanation why these longstanding sites would now be ready to convert to housing, the City is simply speculating that these sites will not continue with the current uses.

In fact, it does not appear that the Draft Housing Element even makes known the sites in the Sites Inventory that were previously identified in the 2015-2023 Housing Element (or other past housing elements). Government Code § 65583.2(c) provides heightened requirements for reliance on underutilized sites included in past housing elements. Given that the Draft Housing Element seemingly fails to make known sites included in past housing elements, the public lacks the information to understand the City’s compliance with these heightened requirements.

Second, the Draft Housing Element applies several assumptions without sufficient support in its methodology for estimating capacity on LI sites. (See Draft Housing Element, pp. 3-8-3-9.) There is not support for the assumption that sites in the inventory, across the board, should be “assumed to [be] buil[t] out [for LI units] at 80 percent of the maximum density.”4 While the Draft Housing Element lists two “recently built or approved” affordable housing development projects at densities that near the resultant 24 units per acre5—there is no information on the composition of units within those densities (e.g., completely affordable or not), even though the City seemingly relies on the listed sites being entirely for LI units.6 Furthermore, there is no explanation of how these two isolated projects compare to sites listed in the Sites Inventory. Likewise, there is no support for the assumption that underutilized sites, across the board, should only be discounted by 25% from their development potential. This 25% discount effectively translates to a determination that 75% of the sites listed will in fact be developed to their full potential. The City makes no effort to substantiate this determination.

Given the majority of the underutilized sites are carried over from the 2015-2023 Housing Element, this percentage seems baselessly optimistic. In general, there is no support for the assumption that zones allowing 100% non-residential uses should only be discounted by 25% from their affordable housing development potential. Any such calculation should be site4 Given that the City’s Affordable Housing Overlay (“AHO”) currently allows a maximum density of 24 units per acre, and that several of the sites in the Sites Inventory, which are already subject to the AHO (e.g., APN 033-012- 007, APN 033-012-008, APN 033-012-009, APN 033-180-007) have not been built out at that density (or any density), the City’s 80% assumption (which comes out to the same density of 24 units per acre—i.e., 80% * the proposed maximum density of 30 units per acre) seems not based in reality. 5 Two affordable housing developments are listed—Twin Oaks Senior Residence Mixed Use and Carol Lane Apartments—and one of them has a density below 24 units per acre (i.e., 22.2 units per acre). (See Draft Housing Element, p. 3-9.)
6 The AHO only requires that a development project meet the State Density Bonus affordable set-aside criteria. (See Draft Housing Element, p. 6-10.) This translates to just 10% of the units needing to be set aside for low-income households and just 5% for very low-income households. (See Government Code § 65915(b)(1)(A)-(B).) A far cry from the implied assumption in the Draft Housing Element they will be 100% affordable. 1479
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specific and demonstrate what specific trends, factors, and other evidence led to the assumptions for each site.

In sum, the City’s heavy reliance on the “underutilized” sites is unreasonable and the City fails to legally demonstrate that the Sites Inventory will be able to accommodate its LI RHNA allocation. More sites need to be listed for the City to accommodates its LI RHNA allocation ii. MI Accommodation Inappropriate Concentration of Sites The Draft Housing Element effectively concentrates the sites to address its entire MI allocation in one small area of the City—the Downtown Specific Plan area. (See Draft Housing Element, Figure 3-3, Table 3-6 [listing five sites accommodating 163 MI units7], and Table 3-9 [listing capacity of 197 MI units8]; see also Figure 3-2 [demonstrating the limited size of the Downtown Specific Plan area to the entire City].) This runs counter to the express language of Government Code § 65583.2(a), which requires sites to be identified “throughout the community.” (See also Section 1.b of this Letter, infra [further addressing the lack of distribution of sites throughout the City].)
Furthermore, there is no support or even disclosed assumptions for the capacity accounted for on each of the five Downtown Specific Plan Sites. For example, for DSP-1, the short “Site Description” indicates that there are existing uses on the site, but fails to describe how the existing uses would affect the development of the site for MI housing. Furthermore, the Draft Housing Element, perhaps tellingly, does not identify any previous housing development projects (affordable or not) within the Downtown Specific Plan area. Similar to the above, assumptions should be stated as to how the anticipated capacity was reasonably reached—and those assumptions should be predicated on specific trends, factors, and other evidence for each of the sites.9
7 Table 3-6 identifies 274 units of which it states 163 will be MI and the other 111 will be above moderate-income.

There is no justification provided for this expectation of an approximately 60/40 split of MI to above moderateincome units on these sites within the Downtown Specific Plan area. At least here, compared to the LI sites, there is an acknowledgement that the projects will likely not be completely affordable. 8 Notably, there are various discrepancies in the MI units throughout the Draft Housing Element. This Table 3-9 attributes 178 MI units to the Downtown Specific Plan area sites. As mentioned in the body, Table 3-6 attributes 163 MI units to the Downtown Specific Plan area sites. To confuse matters further, page 3-22 details an allocation of 189 MI units to the Downtown Specific Plan area sites. 9 This also applies to the only other MI accommodating site in the Draft Housing Element, which is listed in Table 3-10. For some reason this site is only listed with an address and an acknowledgment that it is underutilized buried in Appendix B. There does not appear to be any discount owing to its underutilization, similar to for the LI sites. 1480
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In sum, the City’s heavy concentration of MI sites is unreasonable, and the City fails to legally demonstrate that the Sites Inventory will be able to accommodate its MI RHNA allocation. More sites need to be listed for the City to accommodates its MI RHNA allocation. b. Lack of Distribution of LI and MI Sites Throughout the City As discussed above, the Draft Housing Element concentrates its MI accommodating sites in one small area of the City. (See Section 1.a.ii of this Letter, supra.) Furthermore, the Draft Housing Element fails to include any LI accommodating site in the easternmost part10 of the City (e.g., the East Cypress Corridor Specific Plan area)11. (See Draft Housing Element, Figure 3-2 [Sites Inventory Map]; Figure 4-46 [Sites Inventory Income Distribution by Median Income].) While in a vacuum this lapse may be benign, when taken in the context that the majority of housing (of all income levels) is “anticipated to be affordable primarily to above moderateincome households” (see Draft Housing Element, p. 3-2; see also Figure 3-1 [Residential Entitlements] and Table 3-2), this lapse becomes quite concerning. This, of course, runs counter to Government Code § 65583(c)(10)(A), which requires the Draft Housing Element to “affirmatively further fair housing” and foster inclusive communities, of households of varied income levels, dispersed throughout the City. This may have impacts on all components of the assessment of fair housing (e.g., segregation, disparities in access to opportunity).

This concentration of sites also may have an impact on infrastructure and resource availability. While the Draft Housing Element addresses such—it mostly does so at a nonindividual site level and taking into account an overconcentration in one area of the City. (See, e.g., Draft Housing Element, pp. 3-28-3-29.) More information is needed.

In sum, the City’s failure to include sites within the East Cypress Corridor Specific Plan area is alarming, to say the least. Sites need to be listed within the East Cypress Corridor Specific Plan area for the City to comply with its duty to affirmatively further fair housing throughout the City.

2. Including DeNova’s Properties Will Remedy the City’s Noncompliance DeNova has previously submitted a comment letter on the Draft Housing Element to the City on July 11, 2022—which is attached hereto as Exhibit A. In that comment letter, DeNova identified several properties—(1) Large Lot 822 [~10.3 acres]; (2) Large Lot 823 [~14.9 acres]; (3) Large Lot 824 [~16.6 acres]; (4) Custom Lots 818-821 [~4.0 acres]; (5) Parcel L [~12.1 10 The City seems to arbitrarily define the east part of the City. As on page 4-72, it states “eight [of the LI] sites are located in the east part of the City.” While this may be technically true when 50% of the City is necessarily the east part (and 50% the west), Figure 4-46, right above that statement, shows that the easternmost part of the City, which has the greatest capacity to accommodate housing, has no sites. 11 This is even though the Draft Housing Element identifies that the East Cypress Corridor Specific Plan area can avail itself of the AHO. (See Draft Housing Element, p. 6-9.) 1481
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acres]; and (6) Parcel S [~4.3 acres]—that should be included in the Draft Housing Element Sites Inventory to promote additional diversified housing opportunities (the “Properties”). The Properties would be within an existing housing development project and on vacant land already being developed—characteristics strongly indicative of sites that will actually be developed with housing.

Including the Properties in the Sites Inventory would also remedy the abovementioned inadequacies with the Draft Housing Element. The sites can supplement the current sites that address the LI and MI RHNA allocations and would work to appropriately disperse housing of all income levels throughout the City.

The City cannot legally exclude the Properties—comprising in excess of 60 acres of vacant land—from the Sites Inventory given the City’s inability to actually meet its RHNA allocation (as opposed to identifying sites with little prospect of becoming housing during the next cycle).
a. Properties Larger than 10 Acres
In brief, it is our understanding that the City may have rejected some of the Properties given that they are in excess of 10 acres; and Government Code § 65583.2(c)(2)(B) has a rebuttable presumption that sites larger than 10 acres are inadequate to accommodate LI RHNA allocations. However, this 10-acre presumption does not apply in general to inclusion in the Sites Inventory, such as to accommodate the above moderate-income and MI RHNA allocations.

In fact, the Draft Housing Element includes a Site—DSP-1—that is larger than 10 acres (i.e.,

10.7 developable acres and 12.43 total acres) as part of its limited accommodation of MI units.12 (See Draft Housing Element, Table 3-6.) Furthermore, and more to the point, this is only a rebuttable presumption. In fact, HCD’s Housing Element Site Inventory Guidebook—which is to assist jurisdictions with the development of the site inventory analysis—provides various ways to demonstrate feasibility of development of a site for LI housing. (See Housing Element Site Inventory Guidebook, pp. 15-17.) Directly applicable, is “[e]vidence [of] developer interest,” which is precisely what DeNova has offered. (Id., p. 17.) Furthermore, it is possible for the Sites Inventory to only identify boundaries of the Properties that are less than 10 acres—and “then the large site analysis would not be required.” (Id.) In sum, the 10-acre limitation does not hold up in light of HCD’s guidance on the matter.

For all of the foregoing reasons, we respectfully ask that the Properties be added to the Draft Housing Element Sites Inventory in order to rectify the City’s noncompliance with Housing Element Law and realistically accommodate much needed housing for all income levels within and throughout the City. Thank you for your time and attention to this matter. We are available to answer any questions that you may have.
12 Without this site, the Draft Housing Element would categorically fail to accommodate its MI RHNA allocation. 1482
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Sincerely,
Cox, Castle & Nicholson LLP
Andrew B. Sabey
ABS
cc: David Zisser, Assistant Deputy Director of Local Government Relations and Accountability, California Department of Housing & Community Development Shannan West, Housing Accountability Unit Chief, California Department of Housing & Community Development
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EXHIBIT A
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City of Oakley
3231 Main Street
Oakley, CA 94561
Dear Mayor Pope, Vice Mayor Meadows, City Councilmembers and Planning Staff, Thank you so much for the opportunity to review the Oakley Housing Element. There are many opportunities in this document to address the housing needs of Oakley and make a dent in the regional housing crisis while simultaneously combating climate change. Greenbelt Alliance and partner organizations have been working with cities around the region to provide input on Housing Element drafts in advance of the HCD reviewers. Building on the letter we sent with high level housing and climate goals in April, we have a few comments and specific goals and policy recommendations we would like to share with you as we also believe these are issues that HCD will also flag so the earlier you can address them, the more seamless your process will be.

High Level Comments
● Affordable housing overlay: We think the affordable housing overlay is great. ● AFFH: The AFFH section is primarily data from the county level. AFFH should be done at the city level.
● Constraints: The constraints section needs to “remove” constraints, not just state the constraints (Gov. Code § 65583(c)(3)). This section should say how the City’s policies and programs will ameliorate the constraints that are listed. ● Public Participation: Did not consider outreach in a matter that affirmatively furthers fair housing. One in-person workshop and one survey is insufficient. State law requires a diligent effort to reach all economic segments of the population including lower-income households, and HCD will likely require a better effort to do so before it will approve the City’s housing element.

Specific Comments
● Infill housing program: We are concerned that by getting rid of the infill housing program as well as the farmworker housing program, Oakley will not prioritize housing beyond single family homes.
● ADUs: In order to increase the density and diversity of communities, we believe the 40 ADU goal is far too low for the 8 year period that this housing element will be in effect.

We urge you to drastically increase that goal.
● Low income housing in low resource areas. It appears, given Figure 4-46: Sites Inventory Income Distribution by Median Income of Census Tract, that all of your low income sites are in low or extremely low income communities. We recommend that you study alternatives that increase the affordable housing and density in wealthier areas of the city. This will avoid the need to redo the EIR if HCD asks for changes. It is a bit 1491
confusing to understand how the affordable housing overlay will work if the affordable housing is concentrated in low resource communities to begin with. ● Parking Minimums: We urge you to eliminate or significantly reduce parking minimums on new housing developments near bus lines, and special housing developments, and to permit the use of stacked parking spaces. Please commit to these reforms in your Housing Element. Eliminating parking minimums is a highly effective strategy to address both our housing and climate crises.
○ 2 space requirement for manufactured homes. Please consider removing or reducing the 2 space requirement for manufactured homes. There is no reason that a manufactured home should have a higher parking requirement than a 1 bedroom home.
● Nimby opposition should be listed as a constraint. We reviewed the public survey comments, have attended city council meetings and understand that there is a great deal of pushback from community members who do not want more housing. HCD will likely require that NIMBY opposition is listed as a constraint. The City should implement a robust program regarding education of the benefits of new housing and the need for housing.
● Zoning for multifamily housing Action 1.8: Amendments to the downtown specific plan should also include re-zoning to allow for multi-family housing throughout the city’s downtown core - would improve density and allow for more housing near jobs and transit ● Incorporate SLR and wildfire focused policies For example:
○ Create zoning to require communities to be more wildfire resistant by establishing greenbelt zones for carefully landscaped areas inside and around neighborhoods and subdivisions, different from landscape-scale open space buffers and large fuel breaks.
○ Conduct an assessment that identifies housing units and neighborhoods in fire hazard severity zones that do not meet current fire safe building codes and develop retrofit programs that target highest risk areas, taking into consideration the increase in frequency and severity of wildfires due to climate change.

Thank you so much for considering these recommendations. We look forward to continuing to work with you to make the housing element as sustainable and resilient as possible.

Regards,
Zoe Siegel
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From: Jerry Cizek
To: Kenneth Strelo
Subject: Comments - SITE E (Oakley Road & Neroly (SR160)) High Density Low Income 234 Unit Development Date: Monday, July 11, 2022 6:04:19 PM
To Ken Strelo, Planning Department Manager:

My family of 8 OPPOSES the building of High Density Low Income Housing on all three proposed Sites, but in particular for Site E for 234 Units.

Concerns.....

1. Where will they be getting their water supply in a drought and shortage, which is expected to be a continuing problem?

2. Lack of jobs in this area. Unemployment is up in this area already. Schools are over crowded.

Lack of emergency services, spread too thin, roads too narrow to support more traffic, increased crime and unmanageable traffic, especially in light of the new 394 unit multihousing being developed on the other side of SR 160 off Main St. in Antioch.

3. Our Oakley schools already have a low scoring proficiency, are they planning on building more schools to support more high density buildings? Are you planning on bumping up the staff at the police department? There is already higher crime in the existing high density buildings behind Raleys, shootings, stabbing, gang violence etc. So yes, education and crime is a HUGE concern.

4. I hate to have my kids/grandkids have to fight for a decent uncrowded school and safe place to live. I live on Cunha Court and Calle De Oro ( 1 block from the proposed site) and we have experienced a dramatic increase in crime in our neighborhood the last several years with stolen/vandalized cars, stolen mail and vagrants entering our yards late during daylight and night time hours.

5. Already significant commercial traffic increases due to new industrial buildings on Bridgehead (ie. Amazon).

Your very concerned neighbor,
Jerome D. Cizek
50 Cunha Ct
Oakley, CA 94561
Phone: 925-408-1440
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Campaign for Fair Housing Elements
fairhousingelements.org
The City of Oakley
Via email: [email protected]
Cc: [email protected]
August 5, 2022
Re: Oakley’s Draft Housing Element
To the City of Oakley:

The Campaign for Fair Housing Elements and YIMBY Law have reviewed the City’s draft housing element and do not believe it substantially complies with State law. (See Gov. Code §§ 65580 et seq.). While we expect HCD will identify several shortcomings, we wish to highlight a few. .

First, Oakley’s fifth-cycle experience strongly suggests that the City will fall far short of achieving its very-low income allocation of 279 units. Since 2015, only eight such units have been built. (Compare Draft, p.3-2, with id. p.7-1.) The City optimistically assumes that its very-low income opportunity sites will be developed at 80 percent of zoned capacity—but that zoned capacity is only 30 homes per acre, the bare minimum that State law deems feasible for very-low income development. (Id. p.3-9; see Gov. Code § 65583.2(c)(3)(B)(iv).) This 80 percent assumption alone would counsel that the City should rezone these sites for at least 37.5 homes per acre in order to make such development feasible; given that recent experience paces the City for just 2.9% of its very-low income need, the better practice would be to dramatically upzone to over 1,000 homes per acre. More realistically, the City should designate a far greater number of sites to increase capacity. California’s housing shortage is dire, and the City must do its part to address it.
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Next, the City’s constraints analysis (Draft, pp.6-1 to -29) proposes very little in the way of how to address let alone “remove” the constraints as required by State law. (See Gov. Code § 65583(c)(3).) We applaud the City’s use of an affordable housing overlay (Draft, pp.3-8 to -9, 6-10 to -11), but as stated above, the overlay density will fail to accommodate the City’s very-low income need. More concerning, the City is set to retain its “residential design guidelines,” which do not “assist project developers” or ensure residents’ safety but rather “reduce … overall development” in the name of “compatible colors” and “detailed landscaping plan[s].” (Id., pp.6-26 to -27.) Policies like these are why so many Californians must live in tents and vans instead of homes.

Please abolish them.

Finally, the City’s housing plan (Draft, ch.8) includes no program to protect tenants from displacement, and it further appears that the City will eliminate its fifth-cycle program to “encourage infill development” (Id., p.7-6). What “key programs” (ibid.), then, are going to look out for Oakley’s most vulnerable residents? It is unclear to us from this draft.

We trust that HCD will review the City’s draft thoroughly, and look forward to an improved version before January 31.

Sincerely,
Keith Diggs
Housing Elements Advocacy Manager, YIMBY Law
[email protected]
Campaign for Fair Housing Elements
fairhousingelements.org 2
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From: Mike Moore
To: Kenneth Strelo
Subject: 2023-2031 Draft Housing Element - Environmental Constraints Date: Sunday, July 17, 2022 4:40:46 PM
Dear Ken Strelo,
I believe that an environmental constraint that was included in the January 28, 2015 Housing Element is missing from the updated 2023-2031 Housing Element. Under iv. Toxic and Hazardous wastes on pages 276 – 277 of the 2015 Housing element, there is mention of active oil and gas wells with Oakley City Limits and the resulting impact on housing.

Under the updated June 2022 Housing Element, there is no mention of Toxic and Hazardous wastes under Environmental Constraints on page 217 – 219. Toxic and Hazardous Wastes present significant risks to public safety, particularly oil and gas wells. I found Figure 8-4 from the 2015 General Plan particularly helpful for understanding the impact of oil and gas wells on housing. These two items should be included in the updated Housing Element.

Best Regards,
Mike Moore
Oakley, CA
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The city’s proposal for solving the low income housing problem is to build “affordable” apartments in single family neighborhoods zoned for “affluent, high opportunity communities that have been traditionally closed to denser, more affordable housing.” If that actually happened, those who live in some of the most affluent neighborhoods in our city would move out, lowering the value of those homes. Property taxes would decrease, and taxes on middle and lower-middle income people living in other areas would have to be raised to make up for that loss.

Black, White, Asian, Mexican and other ethnic groups own homes and live in the immediate neighborhood and the surrounding neighborhoods. We are all good neighbors and citizens. We worked very hard to be able to buy a home where we live. We all work together to help maintain low crime neighborhoods. If people want to work hard, they can do well. Putting low income housing units in nice neighborhoods is not going to solve that problem.

Residents are understandably upset and are balking at the possibility of these units being built in and near their neighborhoods. Is there no limit to the abuse and insult the federal government will heap on taxpayers? It's not enough that taxpayers' already foot the bill for those living and benefiting from the present system. They also now have to endure seeing their property values and other benefits they have worked hard to create slowly reduced to having almost no value, plus the increased crime that follows.

Where will the water, sanitation, electricity and utilities come from for the addition of several thousand new residents in the 500+ apartments. We are already seeing severe cut backs in home water and electrical use. Fire, law enforcement, emergency health services, utility services etc.. are all scrambling to keep up with requests for service.

Please reconsider locating hundreds of new apartments in our city. 1497
From: Timothy Phillips
To: Kenneth Strelo
Subject: Neroly Estates & Silverado Crest Community Development Date: Thursday, July 14, 2022 10:59:58 AM
To whom it may concern,
I received notice that there are some upcoming development plans for approximately 400 low income housing communities in these areas of Oakley. As a local business owner myself, I have been operating here in Oakley for the past 3 years. This area in particular has a lot of charm and quality people in this city. I moved here to start my family and contribute to the community as a whole.

These developments are not what our city needs. With the newly added homes around this area the city of Oakley's infrastructure has already become noticeably strained. In the short time I have lived here there seems to be a massive increase in homelessness, as well as greatly increased traffic in areas.

My business depends on the safety and security of our area. Families come to us and we offer services based on the quaintness of our community and should we allow these developments there is no guarantee that won't spill over to our surrounding neighborhoods.

Our local teachers are already strained and complaining about overcrowding and low resources, these types of developments will only further exhaust those. The increase in crime that these types of properties are likely to bring is a major concern. As a business and as a father I personally have started to notice a massive uptick in seeing people out and about who are experiencing some kind of crisis or another that are causing public issues. If you allow these developments to proceed our city will suffer.

Signed,
Timothy Phillips
Silver Crest Homecare- Elderly care facility
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From: Weldon Birch
To: Kenneth Strelo
Cc: [email protected]; [email protected]
Subject: Oakley Planning Div. on Low Income Housing Proposal Date: Tuesday, July 12, 2022 6:54:27 AM
12 July 2022
Attn: City of Oakley, CA
City Council & Oakley Planning Div.

Re: Proposed 234 new Low Income Housing Units
To whom it may concern,
As an Oakley resident, I chose to move to this city because of its somewhat small town footprint.

In the past 10 years since I moved here, I have witnessed the addition of thousands of new homes being built
in the surrounding Oakley City Limits. During that same time, we have experience numerous drought & power
shortages due the demand during the summer months. Our personal water & power bills run well into the
$600-$800 a month range during the summer, sometimes higher. If we are so short of water supply and power generation,
how can we possibly be able to continually add more and more homes and multiple housing units?
The traffic flow on Main St. and the surrounding areas downtown has increased dramatically, especially in the E. Cypress Rd.
& Main St. areas leading to and from the Bethel Island where there are thousands of new homes that have been built
over the past few years. With the new industrial complex’s going in off Bridgehead Rd. there has been a significant increase
in both auto and truck traffic in that area as well as a significant increase in the homeless encampments in our city and the
surrounding cities of Brentwood and Antioch.
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I do not think that adding 234 Low Cost Housing units, whatever that really means, will do anything but increase the traffic
and put more stress on our school systems, community services and add to the ongoing homeless problem and increased crime
that our law enforcement community will have to deal with. Plus, it will surely add to the problem we face with water and power
supply shortages. If people are faced with the financial inequity of needing “Low Cost Housing”, how are they going to cope with
the water and electrical costs that are certainly going to rise for all of us? Antioch has added thousands of high density housing units over the last few years just west of Hwy 160, off E. 18th St. That increased population also puts pressure on Oakley due to the auto and foot traffic caused by that alone in the very same area you are proposing
to build these new units.

As a concerned, tax paying resident, I do not feel that we need any “Low Cost Housing” projects in the proposed area or anywhere else in Oakley.

Thank you for your consideration in this matter,
Weldon Birch
4621 Live Oak Ave.

Oakley, CA 94561
[email protected]
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From: Dollie
To: Kenneth Strelo
Subject: Low income housing
Date: Tuesday, July 12, 2022 3:11:20 PM
Dear Mr Strelo,
I am writing to object to the proposal of 400 low income housing in the sites of E, AB, and CD.

I am concerned that there will be overcrowding, lack of infrastructure especially of schools( is there a plan to build another elementary, middle and high school. Do tax payers have to pay for busses to get those students to other schools in the mean time?)With low income and overcrowding comes more crime. Do you plan on hiring more police, firefighters and city employees ? We are in a drought and have been asked to cut back on our water use, so does the city plan on a larger budget for water processing or will the apartments have their own wells?How does low income housing affect our home values ? What about the traffic that comes with such a large population? The city planners should think long and hard by concentrating such a large project in one area.

Y Sorenson
20 Madeira ct
Sent from my iPhone
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 APPENDIX B | ALL OTHER SITES
Appendix B:

All Other Sites
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 APPENDIX B | ALL OTHER SITES B-1
APPENDIX B: ALL OTHER SITES
APN Acres Address Existing Land Use General Plan Land Use Zoning Min Density Max Density Maximum Dwelling Units
Realistic Dwelling
Units (80% Max)
Income Level
032020014 18.72 4277 KNIGHTSEN AVE Undeveloped, agricultural Agricultural Limited AL 0.1 1 18 14 Above Mod 032010004 10.11 6250 SELLERS AVE Undeveloped, agricultural Agricultural Limited AL 0.1 1 10 8 Above Mod 033170018 1.87 6239 SELLERS AVE Misc. improvements, no structures Residential Very Low AL 0.8 2.3 1 1 Above Mod 041030038 0.99 None LIVE OAK AVE Undeveloped Residential Very Low AL 0.8 2.3 0 1 Above Mod 033180001 9.63 821 E CYPRESS RD Undeveloped, agricultural Residential Low AL 2.3 3.8 9 7 Above Mod Subtotal: AL 41.33 38 31
035212006 14.96 None ROSE AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 65 52 Above Mod 034190002 1.50 None BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 6 5 Above Mod 035220005 13.22 None ROSE AVE Undeveloped Residential Low R-10 2.3 3.8 57 46 Above Mod 034010033 0.39 3980 EMPIRE AVE Undeveloped, gov't owned Residential Low R-10 2.3 3.8 1 1 Above Mod 034190003 6.40 None BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 27 22 Above Mod 034190004 9.29 351 BROWNSTONE RD Undeveloped, gov't owned Residential Low R-10 2.3 3.8 40 32 Above Mod 033100005 7.05 None MAIN ST Undeveloped Residential Low R-10 2.3 3.8 30 25 Above Mod 035212007 11.22 4351 ROSE AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 48 39 Above Mod 035250005 4.29 11 PRIVET CT Rural, undeveloped Residential Very Low R-10 0.8 2.3 18 15 Above Mod 034010034 6.77 3800 EMPIRE AVE Undeveloped Residential Low R-10 2.3 3.8 29 24 Above Mod 034060014 10.04 None CYPRESS AVE Undeveloped, agricultural Residential Low R-10 2.3 3.8 43 35 Above Mod Subtotal: R-10 85.13 364 296
041021011 4.86 None LIVE OAK AVE Undeveloped Residential Very Low R-15 0.8 2.3 14 11 Above Mod 034130004 8.10 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 23 19 Above Mod 034200025* 2.8 275 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 6 5 Above Mod 034181001 5.49 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 15 13 Above Mod 034200017 2.20 265 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 6 5 Above Mod 034170007 3.07 None BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 8 7 Above Mod 034120009 5.72 None OHARA AVE Undeveloped Residential Very Low R-15 0.8 2.3 16 13 Above Mod 034120010 5.41 None OHARA AVE Undeveloped Residential Very Low R-15 0.8 2.3 15 13 Above Mod 034130003 10.63 None OHARA AVE Undeveloped, agricultural Residential Very Low R-15 0.8 2.3 30 25 Above Mod 034170006 10.00 637 BROWNSTONE RD Undeveloped Residential Very Low R-15 0.8 2.3 29 23 Above Mod Subtotal: R-15 58.30 162 134
033130056 4.96 5239 SELLERS AVE Undeveloped Rural Residential R-40 0.2 1 5 4 Above Mod 033130055 5.41 5321 SELLERS AVE Undeveloped Rural Residential R-40 0.2 1 5 5 Above Mod 033130057 11.11 5111 SELLERS AVE Undeveloped, agricultural Rural Residential R-40 0.2 1 12 10 Above Mod 032020006 9.51 4460 FRANKLIN LN Undeveloped, agricultural Rural Residential R-40 0.2 1 10 8 Above Mod Subtotal: R-40 30.98 32 27
035202007 4.14 None ROSE AVE Undeveloped, miscellaneous improvements, no residences
Residential Low/Medium R-6 3.8 5.5 30 24 Above Mod
035202011 1.32 None BIACALANA DR Undeveloped, miscellaneous improvements, no residences
Residential Low/Medium R-6 3.8 5.5 9 8 Above Mod
033030031 5.24 None HONEY LN Undeveloped Residential Low/Medium R-6 3.8 5.5 38 30 Above Mod 034220039 1.33 None BROWNSTONE RD Undeveloped Residential Low/Medium R-6 3.8 5.5 9 8 Above Mod 033110003* 4.83 None MAIN ST Undeveloped Residential Low/Medium R-6 3.8 5.5 26 18 Above Mod 1503
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 B-2 APPENDIX B | ALL OTHER SITES
APPENDIX B: ALL OTHER SITES
APN Acres Address Existing Land Use General Plan Land Use Zoning Min Density Max Density Maximum Dwelling Units
Realistic Dwelling
Units (80% Max)
Income Level
034250007 5.01 None ALMOND AVE Undeveloped Residential Low/Medium R-6 3.8 5.5 36 29 Above Mod 034220040 2.29 None BROWNSTONE RD Undeveloped Residential Low/Medium R-6 3.8 5.5 16 13 Above Mod 033190001 19.67 551 E CYPRESS RD Undeveloped, agricultural Residential Low/Medium R-6 3.8 5.5 142 114 Above Mod 33100004* 4.83 5700 MAIN ST Undeveloped Residential Low Medium R-6 3.8 5.5 55 44 Above Mod Subtotal: R-6 50.92 361 288
035282054 7.652.46 440 W CYPRESS RD One single family home, miscellaneous outbuildings. Improvement to land
value ratio of 0.73. Parcel is divided by
ramp/roadway.

Residential Medium M-9 5.5 9.6 21 16 Moderate
Subtotal: M-9 7.652.46 21 16
Notes: * Sites have mixed zoning, including portions that are commercial. Only the residential portions of these sites have been accounted for in these calculations.

Source: Ascent, 2022; City of Oakley, 2014; Contra Costa County GIS, 2014, East Cypress Specific Plan, 2006; De Novo Planning Group, 2014. 1504
2023–2031
Housing Element Update

ERRATA SHEET FOR THE REVISED HCD REVIEW DRAFT
MARCH 14, 2023
The yellow highlighted text was added to the Draft Housing Element in response to comments received from the Department of Housing and Community Development (HCD) during phone conversations in February 2023.

The green highlighted text was added to the Draft Housing Element in response to comments received from HCD during phone and email conversations in March 2023, and per Planning Commission Resolution No. 6-23.
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 4 | FAIR HOUSING ASSESSMENT 4-47
School, over 50 percent of the student population are eligible for free meals and/or are Hispanic or Black.

TABLE 4-20: FREEDOM HIGH SCHOOL ENROLLMENT BY RACE/ETHNICITY Race
American
Indian/
Alaska Native
Asian Black Hispanic Native Hawaiian/
Pacific Islander White Two or MoreRaces
Students
9 207 257 1,157 14 739 110
Free lunch eligible: 770 1 Directly certified:570 2
Notes:
1 Free lunch students: those eligible to participate in the Free Lunch Program (i.e., those with family incomes below 130 percent of the poverty level or who are directly certified) 2 The number of students reported as categorically eligible to receive free meals to the USDA for the FNS 742. Students are categorically eligible to receive free meals if they belong to a household receiving the selected federal benefits noted above or are migrant, homeless, in foster care, or in Head Start.

Source: Contra Costa Housing Collaborative AFFH analysis, 2022.

Figure 4-22 displays educational index scores for the City of Oakley. The majority of the City has an educational score of 0.25–0.50. A western sliver and eastern portions of the City score less than 0.25 (indicating the least positive educational outcomes). Where Oakley meets Brentwood on the southern City border, a small area has an educational score of 0.50–0.75, the highest in Oakley.

The Oakley Library, which is one of the oldest libraries in the Contra Costa County Library system, currently shares a space with Freedom High School. The Oakley Library currently serves the community by offering computers, free Wi-Fi access, and a variety of materials that support the educational and entertainment needs of the community. The City is currently in the process of developing a plan to construct a new, state-of-the-art library in the middle of the City’s downtown. The City has been working with Contra Costa County on a plan to locate the new library where an old, now unused Sherriff’s Substation exists downtown. The County has entered into an agreement with the City that will give the City the land and split the cost to demolish the existing building. The City has already completed the Historical Evaluation of the building and will bring the Demolition Contract to the City Council at the April 11, 2023, City Council Meeting. The demolition is anticipated to start in May and be complete by the end of June. The City hired Baker Tilly in Summer of 2022 to help with some early analysis, which was presented to the City Council in January of 2023. The City has been engaged with a local non-profit, Friends of the Oakley Library, and they have been in strong support of the project and will take an active role in helping to increase awareness and public input for the new library. The City is currently in the second phase of the project and will soon release Request for Proposals (RFPs) for Architectural Design and Economic Analysis. The downtown is the ideal location to locate the new library as it is more centrally located, close to transportation, shopping, amenities, and the Oakley Elementary School. The new library will be upgraded and modernized to better support the educational needs of existing and future residents of Oakley. Investing in a new library can help to affirmatively further fair housing by increasing access to educational opportunities in an area with relatively low educational index scores.
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REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 6-14 CHAPTER 6 | POTENTIAL HOUSING CONSTRAINTS
Government Code Section 65583 requires that cities with an unmet need for emergency shelters allow these uses by right without a conditional use or other discretionary permit in at least one zone. The identified zone(s) must have sufficient capacity to accommodate the shelter need, and at a minimum provide capacity for at least one year-round shelter.

Recent state law also specifies that parking standards for shelters be based on staffing, not the occupants of the shelter (Government Code Section 65583, per AB 139, 2019).

According to the 2020 point-in-time count, there were 50 people experiencing homelessness in Oakley. In Oakley, emergency shelters are permitted by right on the Civic Center site within the Downtown Core Zone in the Downtown Specific Plan. The Civic Center site includes an undeveloped parcel that is used as the City’s corporation yard. The corporation yard site is planned for development by the Downtown Specific Plan and uses discussed for the site have included various civic and community-serving uses. This 0.99-acre parcel has the capacity to accommodate an emergency shelter and the City is supportive of locating an emergency shelter on the parcel. Development standards on this site allow for maximum building heights of four floors/50 feet and floor area ratios of 1.0 would accommodate a building of 24,000 – 43,124 square feet, which would allow for more than enough space to provide an emergency shelter to accommodate the City’s unmet need of 50 beds of emergency shelter.2 However, it is unclear if the process to approve a shelter on this site would meet the by-right requirements of state law. Therefore, Tthe Housing Plan also includes a programan action to identify a replacement site withwith a different zoning district where emergency shelters will be permitted consistent with that meets the requirements of State law in the event that the corporation yard site is approved for development with a use other than an emergency shelter.

In addition to providing the by-right allowance in the Downtown Core Zone, City of Oakley Zoning Code identifies “transitional shelters and homeless shelters consistent with Section 65008 of the Government Code” as uses allowed in multiple-family zones with a conditional use permit (CUP). State law also includes provisions for low barrier navigation centers (LBNCs) to assist persons experiencing homelessness. A LBNC is a type of shelter defined as a “Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.”
California Government Code Section 65662 (AB 101,2019) requires Low Barrier Navigation Center development to “be a use by-right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses” if it meets specified requirements.

Section 65660 of the Government Code defines “Low Barrier” as best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1) the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; 2) pets; 3) the storage of possessions; 4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. Oakley’s Zoning Code does not specifically address LBNCs. 2 Based on AB 2339 (Bloom, 2022) calling for a minimum of 200 sf per person 1507
OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 6 | POTENTIAL HOUSING CONSTRAINTS 6-25
On- and Off-Site Improvements
When developing land, the City may require the developer to dedicate land, construct, or pay fees to provide necessary on and off-site improvements. Land dedication, site improvements or fees may be required to provide adequate sanitary sewer and water service to a project, to make necessary transportation improvements, and to provide other infrastructure to the project. In addition, the City may require the payment for various offsite improvements as part of project mitigation measures (e.g., payment towards an offsite traffic signal). Developers of new residential projects are also required to construct all onsite streets, sidewalks, curb, gutter, and affected portions of offsite arterials. The cost for site improvements varies from project to project, based on the specific location and existing infrastructure. For infill projects where infrastructure may already be available, there may be a need to upgrade and/or expand the existing improvements to serve new residential development.

Road classifications and standards are found in the City’s General Plan Circulation Element. They are as follows:
 Major Arterial – 4 or more lanes, 120 foot right-of-way  Minor Arterial – 2 lanes, 76 foot right of way
 Collector – 2 lanes, 70-85 foot right–of-way
 Local Street – 2 lanes, 60 foot right-of-way
Arterials and collectors are designated on the General Plan according to existing and projected needs. Developers are responsible for the development of roadways associated with the residential project. City roadways are required to be paved. Curbs/gutters and drainage facilities direct storm and runoff water out of residential developments.

Development of and connection to municipal water and sewer services are required as a condition of approving tract maps. Water service is necessary for a constant supply of potable water. Sewer services are necessary for the sanitary disposal of wastewater. These off-site requirements allow for the development of much higher residential densities.

The cost for site improvements varies from project to project, based on the specific location and existing infrastructure. For infill projects where infrastructure may already be available, there may be a need to upgrade and/or expand the existing improvements to serve new residential development. On- and off-site improvements in the City of Oakley are consistent with requirements of other cities in the region. While on- and off-site improvements do influence the cost of development, the improvement requirements do not present a constraint to the development of housing in Oakley. These standards have been in place since the City incorporated and have been factored into the cost of development. Housing has continued to develop in Oakley at a faster rate compared to the surrounding region and on- and off-site improvement costs have not hindered projects from moving forward.
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 8 | HOUSING PLAN 8-5
Objective: Comply with State law and accelerate housing production through clear development standards
Responsible Department: Planning
Financing Source: General Fund
Time Frame: December 2023
ACTION 1.6: DENSITY BONUS ORDINANCE
The City shall continue to use the Density Bonus Ordinance and associated incentives to encourage affordable housing, including housing for seniors and other special needs populations. The City shall review and revise the existing Density Bonus Ordinance in conjunction with the update to the AHO ordinance to comply with current State law, and shall monitor changes in State law annually and revise the Ordinance when required by any future revisions to State density bonus law. [Source: 2015-2023 Housing Element, Policy Action 1.3 [sic]]
Objective: Implement Density Bonus Ordinance in compliance with State law Responsible Department: Planning
Financing Source: General Fund
Time Frame: Update Density Bonus Ordinance by January 31, 2024. Review State density bonus law annually and amend ordinance within the timeframe required by new legislation as necessary to maintain compliance with State law ACTION 1.7: MONITOR DEVELOPMENT FEES
The City shall continue to monitor required development fees including in-lieu fees, development impact fees, and processing fees, with the aim of reducing constraints on the development of affordable housing, including, but not limited to, senior housing, housing for farmworkers, emergency/transitional housing, housing for persons with disabilities (including developmental), single room occupancies, and accessory dwelling units. Where fees are established and administered by regional agencies, such as the Regional Transportation Development Impact Fee, Ironhouse Sanitary District Fee, and Diablo Water District Fee, the City will request the administering agency to review and reduce fees if the City has determined that the agency’s fee is constraining residential development, particularly development of affordable housing and/or housing for special needs groups. [Source: 2015-2023 Housing Element, Policy Action 1.3. Note: Action 1.7 has been added back in per comments from HCD.]
Objective: Reduce constraints on the development of affordable housing Responsible Department: Planning
Financing Source: General Fund
Time Frame: Annual monitoring in conjunction with the Annual Progress Report. If fees are determined to be a constraint, the City shall convene a meeting with regional agencies within three months to identify ways to reduce the constraint on development.
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REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-6 CHAPTER 8 | HOUSING PLAN
ACTION 1.887: AMENDMENTS TO THE DOWNTOWN

SPECIFIC PLAN
The City shall review and amend the Downtown Specific Plan to establish a by-right density for residential development, develop objective development standards that facilitate residential and mixed-use development, allow accessory dwelling units and special needs housing types consistent with State law, and remove internal inconsistencies to ensure development standards are clear and consistent. (New) Objective: Accelerate housing production in the downtown by providing clarity and transparency in the application of development standards Responsible Department: Planning
Financing Source: General Fund
Time Frame: December 20245
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REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-8 CHAPTER 8 | HOUSING PLAN
ACTION 2.3: INFRASTRUCTURE DOWNTOWN-SPECIFIC

INVESTMENT PROGRAM
The City will continue to implement the City’s Capital Improvement Program to ensure that infrastructure facilities are adequately maintained and do not contribute to the deterioration of neighborhoods. The City will continue to invest in infrastructure and capital improvements in Downtown Oakley (e.g., storm drain, sidewalks, crosswalks, lighting, parking, future Amtrak station, and library facility) to improve safety, expand transit access, create new amenities, and encourage new private investment in and around Downtown that increases access to opportunity for low resource neighborhoods in Oakley. [Source: 2015-2023 Housing Element, Policy Action 2.3; modified] Objective: Provide adequate infrastructure and encourage revitalization of Downtown Oakley to improve pedestrian safety and expand access to transit, services, and amenities to residents living in low resource neighborhoods in and around Downtown
Responsible Department: Public Works & Engineering
Financing Source: General Fund, Storm Water Fund, Gas Tax Fund, Street Maintenance and Rehabilitation Fund, Measure J
Time Frame: Ongoing Initiate sidewalk repair and replacement projects in Spring 2023.

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

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

Initiate Downtown storm drain improvement project in Summer 2023.

Initiate street resurfacing and repair in Summer 2023.

ACTION 2.4: MONITOR ASSISTED HOUSING UNITS
The City has not identified any assisted housing units at-risk of converting to market-rate in the 10 years from the start of the planning period. However, the City will continue to maintain a database of assisted housing units and regularly monitor assisted housing units to ensure compliance with affordability requirements. The City shall require projects that received government funding and/or were granted a density bonus to provide at least three years notice prior to the conversion of any deed-restricted affordable rental units to market rate. Annual reports, which are submitted by owners and managers of affordable units, will be reviewed to ensure that all deed restrictions and agreements are in compliance. [Source: 2015-2023 Housing Element, Policy Action

2.4; modified]
Objective: Preserve existing deed-restricted affordable units Responsible Department: Planning
Financing Source: General Fund
Time Frame: Annual monitoring
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REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-10 CHAPTER 8 | HOUSING PLAN
ACTION 3.3: HOUSING CHOICE VOUCHER PROGRAM
The City shall continue to support the Housing Authority of Contra Costa County in its continuing administration of the Housing Choice Voucher (HCV) Program to assist very low-income Oakley households. The City shall collaborate with the Housing Authority on an educational campaign to educate landlords about their obligation to accept vouchers under fair housing laws and to encourage landlords in single-family neighborhoods to actively participate in the HCV Program as a way to affirmatively further fair housing. If feasible, the City shall coordinate with the Housing Authority to explore the creation of inventive based program to encourage landlords to accept housing choice vouchers. [Source: New Action]
Objective: Reduce source of income discrimination and improve housing mobility and access to opportunity by increasinge HCV usage in Oakley’s single-family neighborhoods by 10 new vouchers
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Initiate collaboration with the Housing Authority in 2025; ongoing ACTION 3.4: HOUSING FOR EXTREMELY-LOW INCOME

HOUSEHOLDS AND SPECIAL NEEDS GROUPS
The City shall encourage the development of housing units for extremely low-income households (earning 30 percent or less of the median income for Contra Costa County) and for households with special housing needs, including persons with disabilities and developmental disabilities, farmworkers, and persons/families experiencing or at-risk of homelessness. The City shall encourage the development of housing for extremely low income households utilizing a variety of activities such as outreach to housing developers through individual and group meetings, proactively seeking partnerships with housing developers, providing in-kind technical assistance, providing financial assistance or land write-downs when feasible, providing expedited processing, identifying grant and funding opportunities and providing support to developers in seeking funding, and/or offering additional incentives, such as density bonuses and parking reductions above and beyond those offered in the AHO. [Source: 2015-2023 Housing Element, Policy Action 4.3. Note:

Action 3.4 has been added back in per comments from HCD.] Objective: 50 units of extremely low income and/or special needs housing Responsible Department: Planning
Financing Source: General Fund
Time Frame: Outreach to developers of special needs housing in 2024 and bi-annually thereafter; ongoing support of development projects
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 8 | HOUSING PLAN 8-11
ACTION 3.554: REASONABLE ACCOMMODATION

PROCEDURES
To accommodate the housing needs of persons with disabilities and provide a streamlined permit review process, the City shall prepare and adopt a reasonable accommodation ordinance. The City shall update the City’s website to specify the City’s procedures for accommodating requests and to include a dedicated contact or application form specific to reasonable accommodation requests. [Source: 2015-2023 Housing Element, Policy Action 4.5]
Objective: Facilitate access to fair housing for persons with disabilities Responsible Department: Planning/Building
Financing Source: General Fund
Time Frame: Adopt reasonable accommodation ordinance by June 2025 ACTION 3.665: ZONING AMENDMENTS FOR SPECIAL

NEEDS HOUSING
The City shall amend the Zoning Code to ensure compliance with State law and encourage special needs housing as follows:
 Allow transitional and supportive housing in the Agricultural Limited zone.  Allow Low Barrier Navigation Center developments by right in mixed-use zones and nonresidential zones permitting multi-unit uses (Government Code Sections 65660- 65668).
 Ensure parking for emergency shelters is based on the number of employees consistent with Government Code Section 65583(a)(4)).
 Allow for the approval of 100 percent affordable developments that include a percentage of supportive housing units, either 25 percent or 12 units, whichever is greater, without a conditional use permit or other discretionary review in all zoning districts where multifamily and mixed-use development is permitted (Government Code Section 65651(a)).
 Reduce constraints for residential care facilities for more than six persons by ensuring inclusion in all residential zones and providing approval certainty and objectivity for housing for persons with disabilities.
 Add provisions ensuring that manufactured homes on permanent foundations are allowed in the same manner and in the same zones as other single family dwellings, consistent with Government Code Section 65852.3.
 Add a broad and inclusive definition of “family” that complies with fair housing laws.

Objective: Compliance with State law
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Within one year of Housing Element adoption 1513
REVISED HCD REVIEW DRAFT | JANUARY 2023 OAKLEY HOUSING ELEMENT 2023-2031 8-12 CHAPTER 8 | HOUSING PLAN
ACTION 3.776: ADEQUATE EMERGENCY SHELTER SITES
The City currently (2023) allows emergency shelters as a by-right permitted use on the Civic Center site within the Downtown Specific Plan. The City shall identify an additional zoning district where emergency shelters will be allowed as a by-right, permitted use. The zoning district shall be a residential zoning district and shall have adequate available sites (e.g., vacant site or building that can be converted to a shelter) with capacity to accommodate at least 50 beds of emergency shelter. If the City approves development of a use other than an emergency shelter on the remaining undeveloped parcel on the Civic Center site, prior to issuance of any entitlements, the City shall identify a replacement zoning district that has suitable site(s) to accommodate the City’s emergency shelter need. The Zoning Code, or applicable specific plan, shall be updated to permit emergency shelters within the replacement zoning district or applicable specific plan Emergency shelters shall be permitted consistent with the requirements of Government Code Section 65583. [Source: 2015-2023 Housing Element, Policy Action 4.7, modified] Objective: Monitor Sources of Development Financing
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Ongoing/AnnuallyDecember January 2024
ACTION 3.87: INCREASE CAPACITY FOR CIVIC

ENGAGEMENT
The City shall work to increase capacity for civic engagement with an emphasis on building capacity among historically underrepresented populations. This shall include conducting targeted outreach to affordable housing building leaders on opportunities for civic engagement; considering reinitiating the Oakley Leadership Academy to develop civic leadership, and to build a stronger community through well-informed and engaged residents; and continuing to engage with and support the Oakley Youth Advisory Council (OYAC), which is open to youth that live in Oakley or attend school in Oakley between 6th and 12th grade, to build capacity for civic participation and raise awareness of opportunities to participate in City events. [Source: New Program] Objective: To build capacity for civic engagement among historically underrepresented populations
Responsible Department: Planning
Financing Source: General Fund
Time Frame: Conduct targeted outreach to affordable housing building leaders quarterly starting in 2023.

Work with the OYAC in 2023 to identify ways to reach underserved and underrepresented populations in planning processes such as the General Plan and Housing Element.

Consider initiating Leadership Academy in 2024.
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OAKLEY HOUSING ELEMENT 2023-2031 REVISED HCD REVIEW DRAFT | JANUARY 2023 CHAPTER 8 | HOUSING PLAN 8-13
ACTION 3.9: TENANTS’ RIGHTS INFORMATION
The City will partner with fair housing organizations to ensure that resident have information about the California Tenant Protection Act of 2019 (AB 1482). Develop print and online educational materials and make materials availability at City facilities, on the City’s website, and at apartment complexes throughout the City. [Source: New Program] Objective: Disseminate information to community and fair housing organizations Responsible Department: Planning
Financing Source: General Fund
Time Frame: January 2025.
1515
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 29, 2022
Brent Smith, Community Development Director
City of Oakley
3231 Main Street
Oakley, CA 94561
Dear Brent Smith:

RE: City of Oakley 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Oakley’s (City) draft housing element received for review on August 31, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on November 18, 2022, with you, Kenneth Strelo, Planning Manager, and Chelsey Payne and Heidi Gen Huong, the City’s consultants. In addition, HCD considered comments from Campaign for Fair Housing Elements and Yimby Law, and Cox Castle and Nicholson LLP pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (February 15, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly 1516
Brent Smith, Community Development Director

available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact me at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure
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City of Oakley 6th Cycle (2023-2031) Draft Housing Element Page 1 November 29, 2022

APPENDIX

CITY OF OAKLEY
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The review requirement is one of the most important features of the element update. The review of past programs should analyze the City's accomplishments over the previous planning period. This information provides the basis for developing a more effective housing program. A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. Specifically, as part of this analysis, the element should evaluate the effectiveness of programs by quantifying results where possible, compare those results to the objectives projected or planned.

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Enforcement: The analysis must describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity.

Assessment of Fair Housing: The element provides data and analysis regarding the patterns of various socio-economic characteristics across all components of the required analysis (e.g., segregation and integration, access to opportunity, displacement). However, the element should also discuss and analyze patterns and trends over time across census tracks for the various socio-economic characteristics and provide conclusions based on that analysis to better formulate policies and programs and carry out meaningful actions to Affirmatively Furthering Fair Housing (AFFH).
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Local Data and Knowledge and Other Relevant Factors: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. Also, the element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element could incorporate the historical land use and investment practices and other information and demographic trends outlined in the Introduction and community context section of the housing element to help inform the AFFH analysis.

Access to Opportunity: The element identifies Oakley as mostly a lower and moderate resourced community and identifies several areas of disparities including lower education scores and lack of access to transit. As part of the analysis, the element should incorporate local data and knowledge to identify historic trends that influence these patterns. The element could also describe current community development and other efforts the City is undertaking to address these disparities and include programs to address patterns as appropriate.

Disproportionate Housing Needs, Including Displacement: While the element provides some discussion on cost-burdened households, persons experiencing homeless, and displacement, it must include a complete analysis of households in overcrowded conditions and substandard housing. This analysis should utilize local data and knowledge and other relevant factors. For the analysis of overcrowding the analysis should specially address overcrowding for both homeowners and renters. For substandard housing, the element should discuss areas of the City where proportions of housing units needing rehabilitation may be higher than other areas and should utilize local knowledge.

Sites Inventory: The element must include data on the location of regional housing need allocation (RHNA) sites by income group relative to all fair housing components.

The analysis should address the number of units by income group and location, any isolation of the RHNA by income group, magnitude of the impact on existing concentrations of socio- economic characteristics and discuss how the sites improve fair housing conditions. The analysis should be supported by local data and knowledge and other relevant factors and programs should be added or modified as appropriate to promote inclusive and equitable communities. For example, the element could examine the concentration of moderate income RHNA in the Downtown Specific Plan.

Contributing Factors: The element should re-assess and prioritize contributing factors based on a complete analysis.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the total number of households overpaying for housing, it must quantify and analyze the number of lower-income households overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate.
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Housing Conditions: The element identifies the age of the housing stock. However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City’s RHNA may be reduced by the number of new units built, approved, or pending since June 30, 2022; however, the element must demonstrate their availability in the planning period. Availability should address the status, anticipated completion, any barriers to development and other relevant factors such as build out horizons, phasing, and dropout rates to demonstrate the availability or likelihood of development in the planning period.

Sites Inventory: The element lists parcels by various factors such as size, zoning, general plan designation and existing use. However, the description of existing use is generic “e.g., non-vacant” and must include sufficient detail to facilitate an analysis of the potential for addition development on nonvacant sites.

Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Suitability of Nonvacant Sites: The element identifies nonvacant sites to accommodate the regional housing need and outline the general methodology for how sites were considered. To demonstrate the redevelopment potential of the sites in the inventory, the element should relate the factors described in the methodology to the characteristics of each site. In addition, a complete analysis must demonstrate the 1520
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extent to which existing uses may impede additional residential development. The element should summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment and describe other incentives or standards to encourage additional residential development on these sites.

Suitability and Availability of Infrastructure: While element demonstrates sufficient capacity, it must identify if sites identified have access to existing or planned water, sewer, and other dry utilities supply. (Gov. Code, § 65583.2, subd. (b).) Environmental Constraints: While the element generally describes a few environmental conditions within the City (Table H3-1), it must describe how these conditions relate to identified sites including any known environmental constraints within the City that could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) Sites with Zoning for a Variety of Housing Types:

Emergency Shelters: The element identifies one City-Owned site to accommodate the emergency shelter need. The element should describe the process that would be necessary to approve an emergency shelter including decision making criteria for approval of the use of the site.

Manufactured Housing: The housing element must demonstrate the jurisdiction's zoning code allows and permits manufactured housing in the same manner and in the same zone as a conventional or stick-built structures are permitted.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: The element must identify and analyze all relevant land use controls and evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. Specifically, the element should describe and analyze the development standards within the Downtown Specific Plan including whether 100 percent residential development is allowed. The analysis should also describe past or current efforts to remove identified governmental constraints.
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Affordable Housing Overlay: The element relies on sites in the Affordable Housing Overlay (AHO). While some information was provided on how the overlay allows residential the element must include a complete description and analysis of the Overlay, including affordability requirements, development standards, and application processing procedures. The elements must also clarify if the maximum density allowed under the AHO is considered the base density for purposes of calculating density.

On/Off-Site Improvements: While the element describes the on and off-site improvement requirements, it does not analyze those requirements on the cost and supply of housing. In particular, the element states that developers are response for various off-site improvements and infrastructure improvements.

Constraints on Housing for Persons with Disabilities: The analysis must describe and analyze any zoning code definitions of family.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation.

Deliverables should occur early in the planning period to ensure actual housing outcomes. All programs should be evaluated to ensure meaningful and specific actions to assist in implementation and include objectives, quantified as appropriate.

In addition, programs should be revised as follows:
• Action 1.4 (Promote Accessory Dwelling Units (ADU)): The program should describe specific actions the City will take to promote the Pre-Approved ADU plans and How-toGuide. • Action 1.6 (Density Bonus Ordinance): The program should provide specific timing for updating the density bonus ordinance.
• Action 1.7 (Monitor Development Fees): The program should have a specific timing for monitoring, include information on how the city will monitor, and depending on the result, commit to actions to mitigate constraints.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need 1522
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for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Action 1.8 (Amendment to the Downtown Specific Plan): Given the dependence of the Downtown Specific Plan for sites within the inventory, the City should consider accelerating the development of modifications to this plan. Alternatively, rather than all zoning modifications being completed by 2025, the City could phase zoning modifications that must be made to comply with state law or remove constraints to the development earlier in the planning period.

3. The State Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Action 1.3 (Encourage Development of New Affordable Rental Housing) and Action 3.4 (Housing for Extremely-Low Income (ELI) and Special Needs Groups): These program should be revised to include specific actions on how it will implement this program, timeframes for each action, and objectives and metrics to demonstrate how these housing needs will be addressed.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

Action 1.5 (Objective Standards): The program should ensure that when adopted, objective standards should facilitate the development of housing at the densities that will be allowed under the AHO, once amended.

Action 3.6 (Zoning Amendments for Special Needs Housing): The program must specify how it will reduce constraints for residential care facilities for more than six persons. zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses. Permitting procedures should ensure inclusion in all residential zones and approval certainty and objectivity for housing for persons with disabilities. 1523
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5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. In addition, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions should be revised to include specific commitments, milestones, geographic targeting and metrics or numerical outcomes and, as appropriate, must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community revitalization and displacement protection. Given that most of the City is considered a low and moderate resource community, the element could focus on programs that center on place-based strategies for community revitalization, protecting residents from investment-driven displacement, and enhancing housing mobility to encourage the development of more housing choices.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes objectives for new construction and preservation, it must include objectives for rehabilitation.

E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes a general summary of the public participation process, the element must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. Specifically, the element must describe the efforts to circulate the housing element among lower-income households and organizations that represent them and how the City involved such groups and persons in the element throughout the process. In addition, the element while the element summarizes public comments, it should describe how they were considered and incorporated into the element.
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STAFF REPORT
DATE: March 28, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Emergency Management Program Assessment Report Background and Analysis
The Oakley Emergency Operations Plan (EOP) adopted by City Council in 2007, provides a framework for emergency planning, and response policies and procedures.

Since the adoption of the 2007 EOP Oakley began working on an update to this plan in 2018 which has not been formally adopted.

Manmade and natural disasters have presented challenges for local governments in California and across the County in recent history. These have highlighted the importance of organizations having up to date Emergency Operations Plans when the need arises. The City has many areas that are levee protected, we have two train lines running through the City (one active and one inactive) and we have had to evacuate the East Cypress area in the past due to a fire.

As staff work to complete the goals addressed in Strategic Plan 27+ it became apparent that the best course of action was to begin with an Emergency Management Program Assessment. Staff engaged with Aegis Emergency Management to conduct the assessment and provide recommendations for next steps in the development of a new Emergency Management Program.

The Assessment presents 34 recommendations total, 13 of those as potential priority areas below that would provide the most immediate and/or cost-effective program benefit:

1. Transfer the emergency management program from the Police Department to the City Manager’s Office and designated the Assistant City Manager to serve as the Assistant Director of Emergency Services.

2. Expand the responsibility of the position of Assistant Director of Emergency Services to include developing and implement, administering evaluating and maintaining the emergency management program.

3. Revise and see formal Council adoption of the 2018 draft EOP or develop a new plan.
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4. Consider working with the Contra Costa County Sheriff’s Office to install Hi/Lo sirens on law enforcement vehicles.

5. Consider training selected City staff in mass shelter operations via in partnership with the American Red Cross.

6. Incorporate “Know our Zone” public information into community preparedness efforts and provide a link on the City’s website.

7. Updated the information for the East Cypress community to include the relevant evacuation zone designations.

8. Assign a primary and a secondary member of City staff for each EOC position.

9. Request training from Contra Costa OES or send staff to training offered in other jurisdictions.

10.Review and improve EOC supplies and equipment including available computers.

11.Provide City staff with information about their roles as Disaster Service Workers upon being hired and at least every other year subsequently.

12.Consider working with Contra Costa OEs to identify the most relevant community disaster preparedness resources and then make those resources available to City residents.

13.Consider conducting a workshop for senior City Staff in the near-term to develop awareness of City efforts in this area and obtain their input.

As part of this process and in discussing how we best position the City’s Emergency Management Program, we will be assigning the new Assistant City Manager the role of Assistant Director of Emergency Services while rolling the entire program into the City Manager’s Office.

Consistency with the Oakley Strategic Plan 27+
Strategic Plan 27+ includes the Community Health and Safety Goal which highlights several subgoals related to the Emergency Operations Plan including:
 Create an Emergency Disaster & Response Plan
 Develop a communication Plan for emergency responders, Public Works, the public and other key stakeholders.
 Ensure resiliency to power outages.
 Provide and reinforce public and staff training through regular community meetings.
 Implement training, communicate broadly, and see grants for implementation.  Modernize the Oakley emergency Operations Center (EOC). 1526
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 Address streets and main arteries vulnerable to fire, flood, and traffic hazards with improving infrastructure and evacuation plans to provide for safe passage for people including emergency responders.
 Collaborate with neighboring agencies to maximize efficiencies with shared resources.
 Expand the Citizen Emergency Response Training (CERT) Program.

It should be noted that to implement all 34 of the recommendations has an approximate cost between $142,000 and $357,000. Staff is not requesting any direction on program funding at this point and will incorporate any requests into the Fiscal Year 23/24 Budget, which will be in front of the City Council in June for approval.

Recommendation
Staff recommends the City Council receive the report and presentation and provide Staff feedback on the items discussed.

Attachments

1. City of Oakley: Emergency Management Program Assessment 1527
City of Oakley: Emergency
Management ProgramAssessment
February 2023
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City of Oakley Emergency Management Program Assessment
1 February 2023

EXECUTIVE SUMMARY
Local governments in California are increasingly challenged by major emergencies and disasters such as those resulting from climate change-influenced extreme weather and wildfire. This assessment identifies and reviews the current status of the City of Oakley’s key emergency management program elements relative to established state & federal standards/guidance. Recommendations are also provided.

Emergency management is the organizational function charged with creating the framework within which communities reduce vulnerability to hazards and create the capability to respond to, and recover from, disasters. The field undergone a significant evolution driven the growing frequency and complexity of disasters events as well as greater reliance on “brittle” lifeline infrastructure systems. At the same time, residents expect and demand more disaster related services from their local governments.

This assessment is organized around key emergency management program elements adapted from the National Fire Protection Association (NFPA) Standard 1600:

Program Management
Leadership in the Police Department and City Manager’s Office have been able to develop several emergency management program components including the City’s Emergency Operations Plan (EOP) and an Emergency Operations Center (EOC).

However, ongoing demands often preclude staff from dedicating the time and resources needed to maintain a comprehensive emergency management program.

The section of the City’s municipal code that addresses emergency organization and function is relatively current. The code is very similar to those in other cities in Contra Costa County and incorporates most elements suggested by the California Governor’s Office of Emergency Services.

Absent a dedicated emergency management budget, staff time and costs have been supported (as conditions permit) by the Police Department operating budget.

Planning
The 2018 draft of the City’s Emergency Operations Plan provides a brief overview of the threats and hazards facing the City including earthquake, flood, wildfire, hazardous materials release, and power disruptions.

The City does not currently have a Continuity of Operations Plan (COOP) although staff have developed some elements and capabilities to sustain mission critical tasks The City’s current emergency plan was adopted in 2007. A revised draft EOP was developed 2018 but not finalized or formally adopted. The 2018 version contains most of the components suggested by CalOES. Streamlining the EOP and including graphic representations of process and relationships could help City staff and residents to gain a clearer understanding of the City’s approach to emergencies. 1529
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Implementation (Response)
Although the City does not maintain an emergency notification messaging system for City staff, the Nixle system could be used for this purpose. The City does not maintain a public-facing community emergency alert and warning system but can request support from the Contra Costa Community Warning System (CWS).

In August 2019, the City a congregate mass shelter in response to the East Cypress wildfire incident. The City does not maintain dedicated mass care and shelter supplies (ex. cots, water).

The City faces several hazards and threats that could warrant evacuations. The East Contra Costa Fire Protection District has procured an evacuation planning software application called Zonehaven for executing large-scale community evacuations.

Thirteen evacuation zones have been established for the City.

The City maintains a primary Emergency Operations Center (EOC) although its capabilities, systems, and tools were not evaluated as part of this assessment. Senior City staff have informally been assigned EOC positions. Given the relatively modest capacity of the City to provide staff for the EOC, adopting more accessible systems, procedures and tools could greatly support staff efforts.

As is the case with most California cities, Oakley does not maintain a distinct Disaster Recovery plan. Elements of initial (or “near-term”) recovery actions are included in the City’s draft EOP.

Training and exercises
Under State law, "All public employees are hereby declared to be Disaster Service Workers (DSW) subject to such disaster service activities as may be assigned to them by their superiors or by law". Like many smaller local governments, the City does not currently maintain a comprehensive program for conducting initial or sustainment training for staff that may be assigned DSW roles.

Like most smaller jurisdictions, the City does not currently conduct community-level disaster preparedness outreach and education or offer Community Emergency Response Team (CERT) training or manage a CERT program.

With the last three years effectively focused on maintaining function in the face of the COVID-19 pandemic, the two most recent table-top (i.e., discussion) exercises for EOC staff were conducted in 2015 and 2019. The City has not participated in recent countywide exercises conducted by Contra Costa OES.

Program maintenance
The City conducted brief After Action meetings following the most recent EOC exercise as well as the 2019 Cypress Fire event. The 2018 EOP includes brief summaries of lessons learned and summarizes the importance and process for developing After Action Reports (AARs).

Attachments include a summary of emergency management program staff ratios for Bay Area cities, an assessment of the EOP using the CalOES Emergency Plan Review Crosswalk, and a summary list of recommendations.
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GOAL
The goal of this assessment is to identify and review the current status of the City’s key emergency management program elements relative to established state & federal standards/guidance and suggest recommendations for potential areas for improvement.

INTRODUCTION
Background
Incorporated in 1999 and with a population of 43,357, the City of Oakley is a newer and smaller jurisdiction relative to most of its neighbors in Contra Costa County. As is the case with many newer cities in California, Oakley continues to expand with new housing and residents while City services work to keep pace. Absent development of significant commercial properties that could generate sales tax revenue, the Oakley municipal government will remain a relatively lean organization focused on core public services.

The City currently has 89 full-time and 5 to 10 part-time employees.

Local governments in California are increasingly challenged by major emergencies and disasters such as those resulting from climate change-influenced extreme weather and wildfire. The threat of earthquake also poses a significant – and probable – threat to communities throughout the San Francisco Bay Area.1
If not already impacted themselves, local governments have witnessed the experiences of their neighbors, and many are moving to develop and/or expand their capabilities and capacities in this segment of government services. With the increasing number and variety of disasters facing local communities, the potential for developing a more capable and effective emergency management program directly addresses the rising public expectations for City services in disaster response.

In the last few years, the City itself has been challenged by the 2019 East Cypress Fires and the COVID-19 pandemic. It’s not if - but rather when - Oakley will be tested again.

Emergency Management: Overview
Emergency management is the organizational function charged with creating the framework within which communities reduce vulnerability to hazards and create the capability to respond to, and recover from, disasters.2 Emergency management protects communities by coordinating and integrating all activities necessary to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism, or other man-made disasters.
1 Hazard Mitigation Plan, County of Contra Costa, 2018. https://www.contracosta.ca.gov/DocumentCenter/View/48893/Contra-Costa-County-Draft-Local-HazardMitigation-Plan-Volume-1-January-31-2018?bidId= 2 FEMA, Principles of Emergency Management Supplement, 2007. https://training.fema.gov/hiedu/08conf/emergency%20management%20principles%20monograph%20final.doc 1531
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The field of emergency management has undergone a significant evolution in the last 20 years with an expansion in mission, role, organizational complexity, and program functions. This has been driven by several factors:

A. Following 9/11, the federal government developed a tremendous body of regulation, policy, guidance, and practice (ex. the National Incident Management System). Initially intended to address the threat of major terrorism, these efforts have created many actual or implicit mandates and standards for how local government organizes and administers its emergency management function.

B. The increased level of knowledge, skill, and technical abilities required to conduct traditional emergency management preparedness activities such as planning, training and exercising has forced many jurisdictions to develop “in-house” capabilities or partner with neighboring jurisdictions.

C. Recent advances in automation, information technology, and cutting-edge communications has produced an increasingly efficient but often “brittle” society. For example, the shift to “just-in-time” inventories dependent upon overnight shipping have created inherent vulnerabilities (e.g., potential disruptions in hospital pharmaceutical deliveries). Interruptions in communications, transportation, and electrical utilities and other lifelines can produce significant second-level threats to life and safety.

D. The list of potential natural hazards and man-made threats has also expanded greatly in the last 20 years. The true probabilities of hazards such as earthquakes, floods and wildfires are now being appreciated. The threat of terrorism and active-shooter incidents have challenged local communities like nothing before.

The effects of climate change are already producing demonstrable extreme weather effects including extreme peak rainfall intensity, potentially catastrophic wildland fire incidents, significant winter storms, increased extreme heat incidents, and coastal storm surge.

E. At the same time, public expectations for local government services before and after a disaster have also risen dramatically. Residents are increasingly reliant upon collective infrastructure, utility, transportation, and information systems.

Residents increasingly expect and demand more services from their local governments during these events including effective alert & warning, evacuation support, timely public information via social media, and rapid access to resources including shelters and financial assistance.

The State of California3 and federal agencies4 have increasingly advocated for local governments and communities to adopt a culture of preparedness. Local governments are being asked to improve their self-sufficiency by increasing preparedness resources, standing ready to address their own needs following a disaster, and not depending on rapid federal assistance.
3 Listos California. https://www.listoscalifornia.org/about/ 4 U.S. Department of Homeland Security Mission - Strengthen Preparedness and Resilience. https://www.dhs.gov/strengthen-preparedness-and-resilience 1532
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APPROACH
This assessment incorporates objective measures as defined in the following state and federal guidance documents:
• California Standardized Emergency Management System (SEMS)5 • DHS National Incident Management System (NIMS)
• FEMA Comprehensive Preparedness Guide (CPG)-101 (2021 – v3)6 • California Office of Emergency Services (CalOES) Plan Review Crosswalk (2022)7 • California Office of Emergency Services (CalOES) Integrating Access and Functional Needs within the Emergency Planning Process8 The assessment process included research, review of current City emergency plans/procedures, consultation with key City staff and the Contra Costa Office of Emergency Services, as well as preparation of draft and final narrative reports.

The assessment is organized around key emergency management program elements adapted from the National Fire Protection Association (NFPA) Standard 16009. Focus areas for the assessment include:

1. Program Management

2. Planning

3. Implementation (Response)

4. Training and Exercises

5. Program Maintenance
For each area, descriptions and observations are presented as well as recommendations. Extensive footnotes provide links to additional information as well as to potential resources. A consolidated list of recommendations is presented in Attachment 3 (Summary of Recommendations).
5 California Governor’s Office of Emergency Services. Standardized Emergency Management System. https://www.caloes.ca.gov/office-of-the-director/operations/planning-preparedness-prevention/planningpreparedness/standardized-emergency-management-system/ U.S. Department of Homeland Security. National Incident Management System, 3rd edition. https://www.fema.gov/sites/default/files/2020-07/fema_nims_doctrine-2017.pdf 6 FEMA. Comprehensive Preparedness Guide 101, Version 3.0. September 2021. https://www.fema.gov/sites/default/files/documents/fema_cpg-101-v3-developing-maintaining-eops.pdf 7 California Governor’s Office of Emergency Services. Emergency Operations Plan Review Crosswalk. 2022. https://www.caloes.ca.gov/wp-content/uploads/Preparedness/Documents/EOPCrosswalkLocalGovernment.docx 8 California Governor’s Office of Emergency Services. Integrating Access and Functional Needs within the Emergency Planning Process, 2020. https://www.caloes.ca.gov/wp-content/uploads/AFN/Documents/AFN-Library/Cal-OESBest-Practices-for-Stakeholder-Inclusion-June-2020.pdf 9 National Fire Protection Association. Standard on Continuity, Emergency, and Crisis Management (1600). 2019. https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=1600 1533
City of Oakley Emergency Management Program Assessment
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1. PROGRAM MANAGEMENT
Leadership and Commitment
Since its incorporation in 1999, City leadership have successfully focused on establishing and delivering city services such as public safety, public works, urban planning, and recreation with a relatively lean workforce. Even so, leaders in the Police Department and City Manager’s Office have been able to develop several emergency management program components including the City’s Emergency Operations Plan (EOP) and an Emergency Operations Center (EOC).

This assessment itself was undertaken at the initiative of the City Manager with the goal of bringing it forward for consideration by the full City Council. This serves as evidence of the City’s ongoing commitment to safeguard the lives, health, and property of its residents.

Program Administration
Per Title 2, Chapter 5 of the city’s municipal code10, the Chief of Police is designated as the Assistant Director of Emergency Services as serves as the coordinator of the City’s emergency management program. Per the job classification approved by the City Council in 2017, the Police Department Captain “serves as the City’s Emergency Services coordinator; assumes responsibility for overall emergency response training and Emergency Operations Center processes; reviews and amends the Emergency Operations Plan as necessary.”11 However, this Captain position is no longer part of the Department.

Current and previous Chiefs of Police have worked to develop and maintain the program. However, the increasing operational tempo of the Police Department, demands for new services, as well as challenges in maintaining adequate staffing often preclude the Chief and their staff from dedicating the time and resources needed to maintain a comprehensive emergency management program.

Staffing and location of the emergency management function in smaller cities varies considerably across the Bay Area. Some cities have full-time employees assigned while many utilize part-time staff or contractors – see Attachment 1 (Emergency Management Staff Ratios). City staff noted the modest staff resources available to participate in an emergency management program.

Although emergency management programs have traditionally been seen as an extension of public safety and have often resided in law enforcement agencies, these programs have increasingly been moved into or established in the offices of the city or county executive. In the San Francisco Bay area, this shift is evidenced by recent actions taken by the City of San Jose, as well as the counties of Sonoma and San 10 City of Oakley, Municipal Code, Chapter 5 (rev 2018). https://www.codepublishing.com/CA/Oakley/#!/Oakley02/Oakley025.html#2.5 11 City of Oakley, City Council Meeting Agenda for November 14, 2017. https://d3n9y02raazwpg.cloudfront.net/oakley/8c60978c-a889-11e7-b89c-00505691de41-cd570418-cb00-4b7a9e50-80f71e682aee-1510243289.pdf 1534
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Mateo12. This shift supports an enhanced ability to engage and coordinate the efforts of the whole organization while also enabling law enforcement to refocus on its core mission and functions.

Recommendations:

1. Transfer the emergency management program from the Police Department to the City Manager’s Office and designate the Assistant City Manager as the Assistant Director of Emergency Services. Consider formally defining the roles and responsibilities of this position.13

2. Expand the responsibilities of the position of Assistant Director of Emergency Services to include developing, implementing, administering, evaluating, and maintaining the emergency management program. Engage senior City staff in developing the scope and resources needed to support emergency management program activities. Ensure the program aligns with the true capabilities of the City. Ensure that all City staff are informed regarding the City’s emergency preparedness efforts and their potential roles in supporting those efforts.

Laws and Authorities
With the latest revision in 2018, the section of the municipal code that addresses the City’s emergency organization and function is relatively current. The code is very similar to those in other cities in Contra Costa County and incorporates most elements suggested by CalOES14. The code includes key elements recommended or authorized by the State of California15 including:
• Providing a definition of what constitutes a local emergency • Providing for the organization, powers, duties and staff of the emergency organization
• Establishing a Disaster Council, designating key members of the Council, and identifying duties of the Council
• Delineating the responsibilities and authorities of the Director of Emergency Services
12 San Mateo County Executive’s Office. A New Name for an Expanding Mission: Department of Emergency Management, 2021. https://www.smcgov.org/ceo/news/new-name-expanding-mission-department-emergencymanagement 13 City of Los Gatos. Emergency Services Coordinator Job Posting, 2023. https://www.losgatosca.gov/DocumentCenter/View/27820/Emergency-Services-Coordinator-_-TEMP 14 California Governor’s Office of Emergency Services. Disaster Council City Emergency Model, rev. 2021. https://www.caloes.ca.gov/wp-content/uploads/Preparedness/Documents/Disaster-Council-City-EmergencyOrdinance-Model-Revised-12-20-2021.docx 15 Emergency Services Act, California Government Code, § 8610. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=2.&part=&chapt er=7.&article=10.
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• Delineating the authority of the Director to proclaim a local emergency subject to ratification by the City Council16
• Authorizing the procurement of goods and services in an emergency • Authorizing the appointment of standby members of the City Council17 (i.e., Continuity of Government”)
See also “Administration and Finance” below.

Areas of the municipal code that could be addressed include:
1) The sections regarding purchasing in exigent circumstances (2.5.020-026) are more robust than those in most municipal codes. However, the language indicates that these authorities reside with the “City Manager” rather than with the “Director of Emergency Services.” This should not usually present any challenges. However, if the City Manager position is vacant or if the City Manager is unavailable, it is unclear whether these purchasing authorities may be exercised by another city employee. If the purchasing authorities are instead associated with the “Director of Emergency Services”, any individual in that position (filled by succession or appointment) could continue to exercise those authorities.
2) The single and aggregate purchasing limits established for the City Manager under exigent circumstances are the same ($150,000 and $250,000 when countersigned by the Mayor). With recent increases in costs for emergency services (ex. emergency lighting) or goods (ex. fuel), these limits may challenge staff during response to a major emergency or disaster. Most municipal ordinances do not codify exigent purchasing limits.
3) Sections 2.5.012.b and 2.5.022.d-f use the term “Emergency Operations Center [EOC] Director.” The code indicates that the City Manager will designate the EOC Director. However, Section 2.5.012.b indicates that the EOC Director shall designate the order of succession to the Director of Emergency Services and the succession shall be approved by the City Council.
4) The term “EOC Director” is normally a temporary operational title associated with the individual responsible for the administration and operation of an EOC.

Incorporating in code may prevent staff from assuming that title should the primary individual be unavailable. It may be simpler and more appropriate to clarify the line of succession without using the title “EOC Director.” For example, a. “The Director of Emergency Services shall designate the order of succession to that office to take effect in the event the Director is not available to attend meetings or otherwise perform his duties.“; or b. “In the event the Director is unavailable, or otherwise unable to perform his/her duties during an emergency, the authorities and responsibilities of 16 California Governor’s Office of Emergency Services. Emergency Proclamations Guide, 2022. https://www.caloes.ca.gov/wp-content/uploads/2022/11/Cal-OES-Proclamation-Guide-2022-4.pdf 17 Emergency Services Act, California Government Code, § 8638. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8638.&nodeTreePath=3.1.24.33&l awCode=GOV
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the office will be assumed by the following individuals in order of succession: Assistant Director of Emergency Services, Chief of Police, Public Works Director/City Engineer, or other City employee as designated by the City Council.”
5) One authority commonly provided for the Director of Emergency Services but not included in the city’s code is “Delegate duties as necessary.” Delegation can provide the Director with flexibility in developing and managing the emergency organization. Including this as an explicit authority can help ensure clarity among city leadership and staff.
6) Section Sections 2.5.012.f(4) uses the term “City Manager/EOC Director.” Depending on the analysis of the use of the term “EOC Director” as per items 1 and 4 above, this could be clarified as “Director of Emergency Services or designee.”
7) While not strictly necessary, there is no severability clause in the current code.

Recommendation:

3. Review and revise the municipal code as needed.

The 2007 version of the City’s Emergency Operations Plan (EOP) references adoption of the Standardized Emergency Management System (SEMS) by the City. However, the original resolution of adoption by the City Council could not be located via online search.

Although not evaluated as part of this assessment, the City’s preparedness relative to legal authorities and responsibilities can play a significant role during response and recovery. A significant body of knowledge has developed in the last 20 years regarding disasters and the law relative to local governments.18 19 The City maintains a complete set of emergency proclamation templates.

Administration and Finance
The City has not designated a specific budget for the emergency management program. To date, staff time and costs associated with emergency management functions (planning, training, and equipment) have been generally supported via the Police Department operating budget. Contra Costa County does not distribute the federal Emergency Management Performance Grant to cities but does use funds to support cities including providing access to the county’s WebEOC information software application.

Recommendation:

4. Consider developing and designating a specific line item in the City budget for the emergency management program. This could include provision for equipment, supplies, training and contract services.
18 California League of Cities. Avoiding Total Disaster: The Law and Emergencies. 2019. https://www.calcities.org/resource/avoiding-total-disaster-the-law-and-emergencies 19 George Washington University. Research Guide – Disaster Law. https://law.gwu.libguides.com/disasterlaw 1537
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The City has an established Disaster Council in accordance with the California Emergency Services Act20 which was accredited in 201021. However, as is the case in many local governments, the council has not recently met and does not provide direction or support for emergency management program efforts.

The City is a signatory to the California Master Mutual Aid Agreement and has adopted a resolution authorizing the use of Disaster Service Workers (DSWs).22 The City does not participate in the Public Works Mutual Aid Agreement (PWMAA).23 Recommendations:

5. Consider re-establishing the Disaster Council in order to revive interdisciplinary and interjurisdictional relationships and to prioritize emergency management program efforts.

6. Provide a copy of a revised City Emergency Plan to the California Office of Emergency Services via the County of Contra Costa Office of Emergency Services.
20 Emergency Services Act, California Government Code, § 8612. https://law.justia.com/codes/california/2013/code-gov/title-2/division-1/chapter-7/article-10/section-8612/ 21 California Governor’s Office of Emergency Services. Accredited Disaster Councils List. https://www.caloes.ca.gov/wp-content/uploads/Preparedness/Documents/Accredited-Disaster-Councils-List-12- 20-19.pdf Note: the table appears to mis-align the city name with the action dates. 22 Ibid. 23 Los Angeles County Public Works Disaster Services Group. Public Works Mutual Aid Agreement (PWMAA). https://dpw.lacounty.gov/dsg/pwmaa/index.cfm?page=Agencies&cfid=20829028&cftoken=edd40e34de04d079- C9057869-9278-AD92-3B600EC5637C8D7E
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2. PLANNING
Risk Assessment
The 2018 draft of the City’s Emergency Operations Plan provides a brief overview and ranking of the City’s key threats and hazards. This data was drawn from the 2018 Contra Costa Hazard Mitigation Plan.

The Community Health & Safety Chapter of the City’s new 2022 General Plan identifies and addresses many of the primary natural and man-made hazards in the city limits.24 The City does not currently have its own Hazard Mitigation Plan but is participating in the new multi-jurisdictional Hazard Mitigation Plan under development with Contra Costa County. The “Envision Contra Costa 2040” project seeks to evaluate the change in hazards due to climate change as well as potential assessments of community vulnerability.25
The new 2022 Fire Hazard maps published by the California Department of Forestry and Fire Protection (CAL FIRE) indicate that there are no Moderate, High, or Very High Fire Hazard Severity Zones in the City limits considered to be State Responsibility Areas.26 Largely undeveloped sections of the City along the San Joaquin River and northeast of the Contra Costa Canal lie in the FEMA 100-year and 500-year flood zones. These areas are potentially subject to flooding from levee failure and failure of dams outside the County (ex. San Luis Reservoir).27 These areas are also subject to localized flooding due to varying topography. The threat of flooding can be expected to be exacerbated by potential sea level rise due to climate change.

The northeast area of the City includes Non-Project Levees (i.e., not constructed by the U.S. Corps of Engineers) which are managed by the independent Dutch Slough (2137) and Hotchkiss Track (0799) Reclamation Districts.28 The City’s General Plan notes that “While the banks of the Contra Costa Canal provide some protection against Delta flooding, these levees were not designed for flood control purposes, are not certified by the Army Corps of Engineers, and, therefore, their integrity is in question.”29 The California Department of Water Resources purchased most of the Dutch Slough for the current Dutch Slough Tidal Restoration Project.30
24 City of Oakley, General Plan, 2022. https://www.ci.oakley.ca.us/wp-content/uploads/2022/07/Oakley-GeneralPlan_Adopted-2022-01-11.pdf 25 County of Contra Costa. Envision Contra Costa 2040. Vulnerability Assessment. https://cocogis.maps.arcgis.com/apps/MapSeries/index.html?appid=869e23fd058d48dbb1e514ef15841831 26 California Department of Forestry and Fire Protection, State Fire Marshal. State Responsibility Area Fire Hazard Severity Zones, 2022. https://osfm.fire.ca.gov/media/jiapsb0f/fhsz_county_sra_11x17_2022_contracosta_ada.pdf 27 City of Oakley, General Plan, 2022. P.8-11. 28 Contra Costa County. Levees in the Planning Area, Hazard Mitigation Plan, p. 6-19. 2018. https://www.cocosheriff.org/home/showpublisheddocument/514/638035862728170000 29 City of Oakley, General Plan, 2022. p. 2-23. 30 California Department of Water Resources. Dutch Slough Tidal Restoration Project. https://water.ca.gov/Programs/Integrated-Regional-Water-Management/Delta-Ecosystem-EnhancementProgram/Dutch-Slough-Tidal-Restoration-Project 1539
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The Burlington Northern Santa Fe Railway (BNSF) Railway operates regular freight service through The City including the transportation of bulk hazardous materials. A collision or derailment could result in the release of hazardous gases, liquids, flame and/or smoke inside the City.

Recommendation:

7. Utilize the updated hazard analysis from the new Contra Costa Hazard Mitigation Plan for the next EOP update. A more localized evaluation of flood risk may be warranted, and the ranking of the natural hazards could be made specific to the City rather than countywide.

Business Impact Analysis and Continuity of Operations
The City does not currently have a Continuity of Operations Plan (COOP) although staff have developed some elements and capabilities to sustain mission critical tasks (ex. City Clerk). The City’s municipal code addresses the appointment of replacement Councilmembers. Information Systems resilience and cybersecurity were not evaluated as part of this assessment however local governments are increasingly the target of cyberattacks.31 The San Francisco Bay Area UASI provides some cybersecurity support to local jurisdictions32 and there are potentially some federal grants that could support efforts in this area.33
Recommendations:

8. Consider developing and maintaining a basic COOP – a template and tools are available from the San Francisco Urban Areas Security Initiative (UASI)34 as well as others including the City of San Diego.35 FEMA offers a training certificate program for continuity planners.36

9. Coordinate with Contra Costa OES to identify grant opportunities that could support continuity planning and cybersecurity projects. 31 U.S. Cybersecurity and Infrastructure Agency. Resources for State, Local, Tribal, and Territorial (SLTT) Governments. https://www.cisa.gov/uscert/resources/sltt 32 San Francisco Urban Areas Security Initiative, Cybersecurity Program. https://www.bayareauasi.org/programs/cybersecurity 33 FEMA. State and Local Cybersecurity Grant Program. 2022. https://www.fema.gov/grants/preparedness/statelocal-cybersecurity-grant-program 34 San Francisco Urban Areas Security Initiative, Continuity of Operations Plan (COOP) Template, http://www.bayareauasi.org/sites/default/files/resources/COOP%20Plan%20Template.docx and http://www.bayareauasi.org/sites/default/files/resources/COOP%20Handbook.docx 35 City of San Diego, City Continuity of Operations Initiative, https://www.sandiegocounty.gov/content/sdc/oes/emergency_management/oes_sr_CityCOOP.html 36 FEMA. Continuity Excellence Series - Professional and Master Practitioner Continuity Certificate Programs. https://www.fema.gov/emergency-managers/national-preparedness/continuity/excellence-series 1540
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Emergency Operations Plan (EOP) (and supporting plans)
Per CalOES, a local government’s Emergency Operations
Plan (EOP) establishes an emergency management
organization to provide a basis for the jurisdiction’s
coordinated actions before, during, and after a disaster.”37 The City’s current emergency plan was adopted in 2007.38 However, the Police Department led development of a
revised draft EOP in 2018 which was not finalized or formally adopted.39 For the purposes of this assessment, the 2018 draft version of the plan was evaluated.

The EOP contains most of the components suggested by
CalOES in their assessment crosswalk40 - see Attachment 2 (CalOES EOP Crosswalk). However, the current EOP contains a notable amount of explanatory content which is helpful background but often does not provide City-specific information. Given the smaller size of City government, a revised version of the EOP that would contain less theory and explanation and more operational guidance/tools may be more valuable for staff.

A few areas of duplicated information could be eliminated (ex. EOC functions) with some elements shifted into an EOC Handbook (ex. Planning ‘P’). As an EOC Handbook does not require formal adoption like the EOP, this allows for more frequent updates.

Streamlining the EOP and including graphic representations of process and relationships could help City staff and residents to gain a clearer understanding of the City’s approach to emergencies and also allow readers to make greater use of the EOP during an actual response.

With some recently restored staffing, Contra Costa OES may be able to support the City in addressing planning guidance and identifying planning resources. They may also be in a position to support limited review of plans. An East County Planning Group consisting of city, county, public safety, and community organization representatives meets quarterly to assess guidance, share resources, and develop joint emergency management planning products.

Recommendation:

10. Revise and seek formal Council adoption of the 2018 draft EOP or develop a new plan structure that aligns with those of other cities in Contra Costa County.

Participate in the East County Planning Group administered by Contra Costa OES. 37 California Office of Emergency Services. Emergency Plan Review Crosswalk - Local Government Agencies, 2022. https://www.caloes.ca.gov/wpcontent/uploads/Preparedness/Documents/EOPCrosswalk2022DecemberLocalGovernment2022-12-02.docx 38 City of Oakley. Emergency Operations Plan, 2007. https://www.ci.oakley.ca.us/wpcontent/uploads/2015/05/Emergency-Plan-2007.pdf 39 City of Oakley. Emergency Operations Plan DRAFT COPY, 2018. https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/182251/OAKLEY_EOP_2018_V_2.0_OK_FOR_PUBLIC_REL EASE.pdf 40 California Office of Emergency Services. Emergency Plan Review Crosswalk - Local Government Agencies, 2022. https://www.caloes.ca.gov/wpcontent/uploads/Preparedness/Documents/EOPCrosswalk2022DecemberLocalGovernment2022-12-02.docx 1541
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3. IMPLEMENTATION (RESPONSE)
Mitigation programs/projects
Not evaluated as part of this assessment. However, the new generators for City Hall and the Recreation Center are significant investments that will support the City’s Continuity of Operations, EOC and mass shelter capabilities.

Recommendation:

11. Consider partnering with the County and/or neighboring cities and participating in federal hazard mitigation grant programs such as the Building Infrastructure in Resilient Communities (BRIC), Flood Mitigation Assistance (FMA)41and Hazard Mitigation Grant Program (HMGP)42 to address challenges posed by natural hazards.

Crisis Communications and Public Information capabilities The City does not maintain an emergency notification messaging system for City staff.

However, the City’s Nixle system could be used for this purpose as well as the current public-facing information mission.

The City can access the county’s WebEOC software application to support situational awareness and resource tracking between the City’s EOC and the county.

Recommendation:

12. Consider implementing a modest protocol for rapidly notifying and connecting senior City staff such as a Crisis Assessment Team (CAT) – a sample protocol has been provided to the City staff under separate cover. Coordinate with Contra Costa OES to identify and enable City staff to access the county’s WebEOC software application.

Warning and Notifications authorities, systems, procedures and tools The City does not maintain a public-facing community emergency alert and warning system but can request support from the Contra Costa Community Warning System (CWS)43. The City is not an Alerting Authority in the federal Integrated Public Alert and Warning System (IPAWS)44. The City has not conducted large-scale alert & warning operations either in exercises or in support of actual incidents. The County does not maintain outdoor warning sirens in the City.
41 California Office of Emergency Services. Building Resilient Infrastructure and Communities (BRIC) and Flood Mitigation Assistance (FMA) 2021. https://www.grants.ca.gov/grants/building-resilient-infrastructure-andcommunities-bric-and-flood-mitigation-assistance-fma-2021/ 42 California Office of Emergency Services. Hazard Mitigation Grant Program (HMGP). https://www.caloes.ca.gov/office-of-the-director/operations/recovery-directorate/hazard-mitigation/hazardmitigation-grant-program/ 43 Contra Costa Community Warning System. https://www.contracosta.ca.gov/2269/Emergency-Alerts-Resources 44 Federal Emergency Management Agency, Integrated Public Alert and Warning System. https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system 1542
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The City Police Department does maintain the Nixle system which can send texts and emails to City residents who enrolled in the system. Although not a true alert & warning system, Nixle can augment warning messages and support emergency public information.45 46
Contra Costa County and its cities have not yet adopted the practice of using the “European” Hi/Lo sirens to support emergency evacuations – this practice was codified in state law in 202047 and is increasingly used by Bay Area jurisdictions including those in Sonoma, Marin, Napa, and Solano counties.48 Costs for adding the Hi/Lo controller module to existing siren controllers is often very inexpensive.

Recommendation:

13. Consider working with the Contra Costa Sheriff’s Office to install Hi/Lo sirens on law enforcement vehicles in order to provide City police with a more directly managed capability for conducting local evacuations - especially in event of a no-notice emergency (ex. wildfire). Once implemented, incorporate into community preparedness messaging and exercises.

Care & Shelter
Mass Care and Shelter encompasses three functions: emergency sheltering, feeding, and the distribution of emergency supplies (DES). Emergency sheltering is the core and center of mass care. It provides a temporary place to live and direct access to resources for evacuees. Feeding provides snacks and meals to displaced individuals in and out of shelters. The distribution of emergency supplies delivers key survival and recovery items – such as personal protective equipment (PPE) – to residents both in and out of shelters. See figure below.
45 City of Oakley. Nextdoor. https://nextdoor.com/agency-post/ca/oakley/city-of-oakley/sign-up-to-receivecommunity-alerts-124456604/ 46 Nixle – Oakley Police Department messages. http://local.nixle.com/zipcode/94561/ 47 KRON News. California allows hi-lo sirens for evacuations. September 30, 2020. https://www.kron4.com/news/california/california-allows-hi-lo-sirens-for-evacuations/ 48 Solano County Sheriff. Hi-Lo Siren. 2020. https://it-it.facebook.com/SolanoSheriff/videos/hi-losiren/770278626913324/?__so__=watchlist&__rv__=related_videos 1543
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In August 2019, the City utilized its Recreation Center as a no-notice congregate mass shelter in response to the East Cypress wildfire incident. The shelter was opened by City Recreation staff and was augmented by local Red Cross volunteers. The City does not maintain dedicated mass care and shelter supplies (ex. cots, water).

Although the American Red Cross and the County may be able to provide some support to City shelter operations, it is the expectation of the county that each city develop its own capabilities including staff and equipment/supplies. It is important to note, that in a major regional disaster event, the City may be asked to support residents evacuating from other areas.

While there is no established standard for the number of residents that a jurisdiction may need to support in a large-scale disaster, many jurisdictions seek to provide congregate shelter and services for up to 1% of their population. Given the relatively modest size of the City’s resources and the Recreation Center, working to provide resources sufficient to support 100 City residents may be a more practical initial goal. Capabilities would need to include equipment, supplies, procedures, and trained staff.

Recommendations:

14. Consider partnering with neighboring jurisdictions (ex. Antioch and Brentwood) to pursue homeland security grant funding via the county to support developing an East County 50-person mass shelter supplies trailer that could provide immediate “first night” capabilities. A sample inventory has been provided to City staff under separate cover.

15. Consider training selected City staff in mass shelter operations in partnership with the American Red Cross.

16. Consider developing partnership agreements with the Oakley Union Elementary School District and/or Liberty Union High School District to serve as congregate shelter locations. A sample agreement has been provided to City staff under separate cover.

17. Consider developing a basic City shelter guide. Many local governments maintain procedures and tools that could be adapted as a basic City shelter guide49 and a set of shelter management tools is also offered by the San Francisco Urban Area Security Initiative (UASI).50
Animal Care Coordination
The City is served by Contra Costa Animal Services Department (CCAS) under contract.

The affiliated Contra Costa County Animal Response Team (CCCART) is a volunteer group which may set up and staff temporary animal shelters in a time of disaster or 49 Sonoma County Evacuation Shelter Field Guide. 2021.
https://sonomacounty.ca.gov/Main%20County%20Site/Administrative%20Support%20%26%20Fiscal%20Services/E mergency%20Management/Documents/_Documents/Sonoma-County-Evacuation-Shelter-Field-Guide-revised-8- 27-21.pdf 50 San Francisco Bay Area UASI. Care and Shelter Planning Toolkit. https://www.dropbox.com/sh/518yei08hhu3ulv/AACYGG44mCPqPfrFd5Fd6aUla?dl=0 1544
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emergency.51 CCCART is especially effective in evacuations including supporting the evacuation of large animals such as horses.

Recommendation:

18. Coordinate with CCAS and CCCART and identify how the City could utilize their capabilities to provide co-located animal services at the City’s congregate mass shelter or support animal evacuation.

Evacuation Authorities and Protocols
The City faces several hazards and threats that could warrant evacuations - most with little or no notice. These include wildfires, floods, tsunamis, hazardous materials releases, and domestic or international terrorism. In some cases, including but not limited to extreme heat or cold events and public safety power shut offs, sheltering in place may be a more appropriate protective measure.

California’s evacuation laws grant most evacuation-related authority to local governments. However, certain individuals at both the state and local levels have the authority to close and evacuate an area where “a menace to the public health or safety is created by a calamity including flood, storm, fire, earthquake, explosion, accident, or other disaster.”52 These individuals include peace officers, local health officials, California Highway Patrol officers, police officers, sheriffs, marshals, supervising full-time public lifeguards, and supervising full-time public marine safety officers.53 The East Contra Costa Fire Protection District has procured an evacuation planning software application called Zonehaven to guide in developing and executing largescale community evacuations.54 Thirteen evacuation zones have been established for the City of Oakley (see figure below). City residents can look up their evacuation zone at https://knowyourzone.zonehaven.com/. Given the challenges posed by limited roads in the area, the City has also developed evacuation information specific to the East Cypress community which may also support County residents on Bethel Island.55 Recommendations:

19. Incorporate “Know Your Zone” public
information into community preparedness
efforts and provide a link on the City website.56

20. Update the information for the East Cypress
community to include the relevant evacuation
zone designations.
51 Contra Costa County Animal Response Team. http://contracostacart.org/index.html 52 California Penal Code § 409.5. 53 Id. § 409.5. With regard to evacuations, the term “peace officers” includes designated employees of the California Departments of Parks and Recreation, Forestry and Fire Protection, and Fish and Wildlife. 54 East Contra Costa Fire Protection District. Response to Contra Costa County Grand Jury, 2020. https://www.cccourts.org/civil/docs/grandjury/2019-2020/2007/2007-Response-EastContraCostaFireProtectionDistrict.pdf 55 City of Oakley. East Cypress Emergency Evacuation Information, 2020. https://www.ci.oakley.ca.us/evacuation/ 56 City of Danville. Evacuation Zones. https://www.danville.ca.gov/1007/Zonehaven---Evacuation-Zones 1545
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Emergency Operations Center facility, systems, and staffing The City maintains a primary Emergency Operations Center (EOC) at City Hall in the Council chambers. The facility capabilities, systems, and tools were not evaluated as part of this assessment. Senior City staff have informally been assigned EOC positions, however, there has been limited training for these staff.

Given the relatively modest capacity of the City to staff the EOC, adopting accessible systems, procedures and tools could greatly support staff efforts. Posting a set of postersized status boards in the EOC could both prompt staff to collect the most important information as well as help share that information with others. Similarly, adopting some of the information board on the Contra Costa OES WebEOC system as simple forms could also help staff gather and record the most critical information.

Recommendations:

21. Request an evaluation of the EOC facility and procedures from Contra Costa OES or a contractor.

22. Assign a primary and a secondary member of City staff for each EOC position.

23. Request training from Contra Costa OES or send staff to training offered in other jurisdictions.

24. Consider developing a sister city relationship by which both cities maintain similar EOC structures and procedures so that staff from the unaffected city could potentially support its counterpart.

25. Review and improve EOC supplies and equipment including available computers. Consider printing a set of laminated paper status boards that could be taped up in the EOC during major incidents and used to track and share information.57
57 EOC Flexible Dry-Erase Status Boards and Wall Track System. https://socoemdocs.net/focus-areas/eoc-manualstatus-board-system/ 1546
City of Oakley Emergency Management Program Assessment
19 February 2023
Continuity and Recovery authorities and plans
As is the case with most California cities, Oakley does not maintain a distinct Disaster Recovery plan. Elements of initial (or “near-term”) recovery actions are included in the City’s draft EOP. However, recovery is increasingly proving to be the most complex aspect of a disaster because it begins even as response efforts are continuing and can last years, even decades. Challenges include effective community engagement, competing interests and priorities, redefining roles and responsibilities, integration of equity considerations, extraordinary financial outlays involving state and federal assistance programs, and addressing long-term community vulnerabilities.58 Many jurisdictions, having experienced a significant disaster event, often struggle to participate in post-disaster recovery financial assistance programs such as FEMA Public Assistance.59
Recommendations:

26. Consider developing a simple Disaster Recovery Framework using tools and templates offered by FEMA60 or the San Francisco UASI.61

27. For potential disaster recovery resources, consider exploring the Disaster Recovery Program administered by the National League of Cities as part of their Risk Information Sharing Consortium (RISC).62
58 American Planning Association. Planning for Recovery Management. 2014. https://www.planning.org/publications/document/9139471/ 59 Congressional Research Service. FEMA’s Public Assistance Program: A Primer and Considerations for Congress. https://crsreports.congress.gov/product/pdf/R/R46749 60 FEMA. Pre-Disaster Recovery Planning Guide for Local Governments. 2017. https://www.fema.gov/sites/default/files/2020-07/pre-disaster-recovery-planning-guide-local-governments.pdf 61 San Francisco Urban Areas Security Initiative, Local Government Disaster Recovery Framework (DRF). 2015. http://www.bayareauasi.org/DRF 62 National League of Cities, Disaster Recovery Program, https://www.nlc.org/initiative/the-disaster-recoveryprogram/ 1547
City of Oakley Emergency Management Program Assessment
20 February 2023

4. TRAINING AND EXERCISES
Staff Development Program
Under State law, Title I, Section 3100 of the California Government Code states "All public employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their superiors or by law". This means that City, County, and State employees have a responsibility to help in a disaster.

Education and supporting materials for the DSW concept have been developed by the San Francisco Bay Area Urban Area Security Initiative (UASI)63 and others including videos.64
Like many smaller local governments, the City does not
currently maintain a comprehensive program for
conducting initial or sustainment training for staff that may be assigned Disaster Service Worker roles in functions such as the EOC, mass shelter management, damage
assessment, or continuity of operations. Both the county and the state make training available at hosted locations – some of this training can also be delivered on-site as levels of participation (and potentially funding) allow. For example, the City of Brentwood recently hosted training for participants countywide.

An additional training opportunity that may be of value to City staff is the FEMA Independent Study curriculum.65 Addressing a broad range of emergency management subjects, these online and on demand courses are free. These may enable staff to take initial or refresher training as time permits.

Recommendations:

28. Consider working with Contra Costa OES and/or partner cities to identify the initial and ongoing training needs for City staff in the various functions including EOC operations, public information, shelter management, field damage assessment, and post-earthquake safety assessment.

29. Consider conducting training internally or have City staff participate in training sponsored by Contra Costa OES, the San Francisco Bay Area UASI66 or CalOES.67 63 San Francisco Bay Area Urban Area Security Initiative. Disaster Services Worker Program. https://www.bayareauasi.org/dsw 64 Marin County. Disaster Service Worker Videos. https://www.hr.marincounty.org/find-employee-tools/disasterservice-workers 65 FEMA. Independent Study Program Fact Sheet, 2022. https://training.fema.gov/is/docs/fema_emi_independentstudy-fact-sheet_4-1-2022.pdf 66 San Francisco Bay Area Urban Area Security Initiative. Training and Exercise Program. https://www.bayareauasi.org/programs/training 67California Office of Emergency Services, California Specialized Training Institute. Emergency Management Program. https://www.caloes.ca.gov/office-of-the-director/operations/planning-preparednessprevention/california-specialized-training-institute/emergency-management-program/ 1548
City of Oakley Emergency Management Program Assessment
21 February 2023

30. Provide City staff with information about their roles as Disaster Service Workers upon being hired and at least every other year subsequently – materials are available as part of San Francisco Bay Area UASI program.

Public Education (Community Preparedness)
Like most smaller jurisdictions, the City does not currently conduct community-level disaster preparedness outreach and education.

The City does not currently offer Community
Emergency Response Team (CERT) training or manage
a CERT program. The goal of CERT is to train members
of neighborhoods, community organizations, or
workplaces in basic emergency response skills such as
fire safety, first aid, and light search & rescue. This allows community members to help effectively and
efficiently in an emergency without placing themselves
in unnecessary danger.68 69 Some City staff have
completed online CERT training.

In California CERT volunteers can be registered as Disaster Service Workers (DSWs) which provides some Workers Compensation Insurance protections.70 CERT volunteers have also been utilized in many communities to support other functions such as neighborhood outreach, shelters, special events staff, and even traffic control.71 Recommendations:

31. Consider working with Contra Costa OES to identify the most relevant community disaster preparedness
resources and then make those resources available to
City residents through a combination of linking to the
City’s webpage under “Emergency Services”,
incorporate messaging into ongoing City
communications, or partnering with other agencies
(Contra Costa OES, ECCFPD, or Red Cross) to deliver
preparedness information and community events.

Information could address general preparedness and
evacuation.72
68 FEMA. Community Emergency Response Team (CERT) program. https://community.fema.gov/PreparednessCommunity/s/welcome-to-cert?language=en_US 69 Contra Costa County Emergency Operations Plan, p. 25, 2011. https://www.contracosta.ca.gov/DocumentCenter/View/7352/Emergency-Operations-Plan-2010-11?bidId= 70 City of Walnut Creek. CERT Disaster Service Worker (DSW) Policy. https://www.walnutcreek.org/departments/public-safety/emergency-preparedness/cert-disaster-service-worker-dsw 71 City of Los Angeles. How have you used your CERT volunteers? 2012. https://www.ready.gov/sites/default/files/2019.CERT_.Basic_.PM_FINAL_508c.pdf 72 Contra Costa Office of Emergency Services. Contra Costa County Residents Guide to Wildfire Preparedness & Evacuation. https://www.cocosheriff.org/home/showpublisheddocument/226/637359373655570000 1549
City of Oakley Emergency Management Program Assessment
22 February 2023

32. Consider working with the Contra Costa CERT Coalition to identify opportunities for City residents to receive training and potentially participate in a countywide CERT program.73
Community Exercises
In addition to exercising City staff, conducting periodic community-level evacuation exercises in the East Cypress area could help to ensure residents are aware of and can navigate the emergency access road system. These exercises could be expanded to support community awareness of the hi/lo sirens (if installed) as well as partnering with the County to include Bethel Island residents.

Exercise Design and Evaluation
The two most recent table-top (i.e., discussion) exercises for EOC staff were conducted in 2015 and 2019. The City has not participated in recent countywide exercises conducted by Contra Costa OES.

Contra Costa OES conducts annual exercises addressing specific response functions or hazards. In 2023, the County will conduct a large exercise focusing on the wildfire hazard with tabletop discussions in January and March as well as a functional event in April.

Recommendation:

33. Consider conducting a workshop for senior City staff in the near-term to develop awareness of City efforts in this area and obtain their input. Once staff have completed initial training, consider working with Contra Costa OES to develop an annual exercise for EOC staff or participate in countywide exercises. 73 Contra Costa CERT Coalition. https://sites.google.com/view/contracostacert/home 1550
City of Oakley Emergency Management Program Assessment
23 February 2023

5. PROGRAM MAINTENANCE
Reviews and Corrective Action
The City conducted brief After Action meetings following the most recent table-top (i.e., discussion) EOC exercise as well as the 2019 Cypress Fire event. The current EOP includes brief lessons learned. The EOP also summarizes the importance and process for developing After Action Reports (AARs) following actual emergencies/disasters.

An After Action Report is required whenever the City proclaims a local emergency for which the Governor also proclaims an emergency. The report must be transmitted to the state within 90 days of the close of the incident period.74 Recommendations:

34. Continue to conduct post-incident reviews following major incidents involving City staff or the EOC. Include a link to an After Action Report template in the EOP or EOC Handbook.75 Consider posting a blank poster board in the EOC when activated so that staff can quickly note items that could be considered in a review meeting or an AAR.
74 California Office of Emergency Services. After Action/Corrective Action Reporting. https://www.caloes.ca.gov/office-of-the-director/operations/planning-preparedness-prevention/planningpreparedness/after-action-corrective-action-reporting/ 75 City of Malibu. Emergency Operations Plan, After Action/Corrective Action Report Template, 2019. https://www.malibucity.org/DocumentCenter/View/68/Emergency-Operations-Plan?bidId= 1551
City of Oakley Emergency Management Program Assessment
24 February 2023
ATTACHMENT 1: EMERGENCY MANAGEMENT STAFF RATIOS – SAN

FRANCISCO BAY AREA MEDIUM-SIZED CITIES
City Population Parent Agency
Discipline
Total
Staff
(FTE)
Staff Status Ratio:

Staff to
Population
Berkeley 126,669 Fire 2 Employee 63,334
Brentwood 64,870 Police .25 Contractor -
Cupertino 60,797 Police 1 Employee 60,797
Danville 43,890 Town Manager .5 Contractor -
Healdsburg 11,358 Police 1 Employee 11,358
Martinez 36,819 Police .25 Contractor -
Oakley 43,357 Police 0 Employee -
Petaluma 60,144 Fire 1 Employee 60,144
Richmond 110,000 Fire 1 Employee 110,000
San Pablo 32,725 Police .25 Contractor -
San Rafael 61,983 Fire 1 Employee 61,983
San Ramon 87,097 Police 1 Employee 87,097
Santa Rosa 180,210 Fire 2 Employee 90,105
Average 68,102
1552
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ATTACHMENT 2: CALOES EMERGENCY PLAN REVIEW CROSSWALK -

LOCAL GOVERNMENT AGENCIES (ABRIDGED)
Page
Where
Located
Local
Comments
FOREWORD SECTION – INTRODUCTORY MATERIAL

1. Promulgation Document/Signature Page:
• This is a promulgation statement recognizing and adopting the plan as the jurisdiction’s all-hazards EOP and signed by the senior elected or appointed official. (CPG 101)
• Provide evidence of a dated letter of promulgation or resolution from the governing board. (SEMS)
3 Not
considered a
critical
element,
could
eliminate

2. Approval and Implementation:
• Introduce the plan and outline its applicability. Include a delegation of authority for specific modifications that may be made to the plan without the senior official’s signature. (CPG 101) • Provide a foreword, preface or introduction that explains why the plan was developed and how the plan is to be used. (SEMS) 11 Not
considered a
critical
element,
could
eliminate

3. Plan Concurrence: Provide evidence that the assigned emergency agencies agree with how the plan describes their tasks.

This may be in the form of a letter of concurrence or a sign-off sheet. (SEMS)
-
Not
considered a
critical
element,
could
eliminate

4. Record of Changes:
• Provide a table with fields that track each update or change to the plan. (CPG 101)
• Detail schedules for modifications, revision list, and who has responsibility for ensuring the plan is kept up-to-date. Who maintains the emergency plan? What is the process? (SEMS) 4 Not a critical
element,
most
jurisdictions
now simply
publish new
versions

5. Record of Distribution:
• Provide a table with fields that indicate who received the plan, date of delivery, and number of copies. (CPG 101)
• Include a distribution method that indicates who received the plan and when. (SEMS)
5 Not
considered a
critical
element,
could
eliminate
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Page
Where
Located
Local
Comments

6. Table of Contents:
• Outline the plan’s format, key sections, attachments, charts, etc.

Identify the major chapters and key elements within the EOP. (CPG 101)
• List where significant parts of the plan are located by page number and subsection of the plan. (SEMS)
7 Appendices
not listed (ex.

Standby
Officers)
PART I: BASIC PLAN

7. Purpose: Describe the purpose for developing and maintaining the EOP. (CPG 101) 17

8. Scope: Describe at what times or under what conditions the plan will be activated. (CPG 101) 17

9. Situation Overview:
• Provide an overview of the steps taken by the jurisdiction to prepare for disasters. This section should include the following: A) Hazard Analysis Summary; B) Capability Assessment; and C) Mitigation Overview. (CPG 101)
• Summarize the jurisdictional hazard analysis. Include a description of potential hazards. This could be in a narrative with maps, schematic, or matrix indicating severity potential, affected population estimates, frequency, and geographical
characteristics of the jurisdiction. This and other relevant information should be included to provide a rationale for prioritizing emergency preparedness actions for specific hazards. (SEMS)
22, 19-22

10. Planning Assumptions: Identify assumed facts for planning purposes to make it possible to execute the EOP. (CPG 101) 22

11. Concept of Operations:
• Explain in broad terms the jurisdiction’s intent regarding emergency operations. Provide a clear methodology to realize the goals and objectives to execute the plan. This may include a brief discussion of the activation levels identified by the jurisdiction for its operations center and may touch on direction and control, alert and warning, and continuity matters. (CPG 101)
• Describe the principles and methods used to carry out emergency operations, including the provision of emergency services by government agencies. (Gov. Code § 8560)
11-12, 34
No Concept
of Operations
section –
content
summarized
in different
sections (ex.

EOC
activation
levels)

12. Organization and Assignment of Responsibilities: 25-29 1554
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Page
Where
Located
Local
Comments
• Provide an overview of the key functions the jurisdiction will accomplish during an emergency. Include roles that federal, state, territorial, tribal, local, regional, and private sector agencies will take to support local operations. Pre-designate jurisdictional and/or functional area representatives to the IC or UC whenever possible. (CPG 101)
• Identify the agency roles and responsibilities during disaster situations and include an emergency organization chart. Indicate how the jurisdiction fulfills the five SEMS sections (Management, Plans/Intelligence, Operations, Logistics, and
Finance/Administration). (SEMS)

13. Direction, Control, and Coordination:
• Describe the framework for all direction, control, and coordination activities. Identify who has tactical and operational control of response assets. Discuss multijurisdictional coordination systems and processes. (CPG 101)
• Indicate how the Incident Command System (ICS) will be used in the field. This should include the interface between the field Incident Command Post and the EOC. It should also indicate methods of integrating state and federal field activities into local emergency management operations. (SEMS)
30-33, 37

14. Information Collection, Analysis and Dissemination: Describe the required critical or essential information common to all operations identified during the planning process. (CPG 101)
-

15. Communications:
• Describe the communications and coordination protocols used between response organizations. (CPG 101)
• Indicate how the EOC will coordinate and communicate with field units, operational areas, regions, and other entities. (SEMS) 45 16. Administration, Finance, and Logistics: Describe administrative protocols including documentation, after-action reporting, cost recovery, and resource management. (CPG 101)
52 Concept only

17. Plan development and Maintenance: Describe the process to regularly review and update the EOP. (CPG 101) 11

18. Authorities and References: Provide the legal basis for emergency operations and activities. Describe federal, state, and local laws that specifically apply to the plan. List references used to develop the plan. (CPG 101)
11, 18,
26, 30,
48, 63,
74-78
Limited
specific laws
cited
throughout
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Comments
BASIC PLAN (Additional SEMS Elements)

19. SEMS Coordination Levels: Indicate how the jurisdiction coordinates between the different SEMS levels (field, local, operational areas, region, and state), how information is exchanged, and how and when multi/inter-agency coordination and unified command are used. The Operational Area agreement should also be referenced; and the plan should indicate who performs the Operational Area responsibilities.
30-32

20. Emergency Operations Center Organization: Describe the roles and responsibilities of agencies and departments in the EOC, including who is responsible for ensuring the readiness of the EOC. 35-44

21. Involvement of special districts, private, and nonprofit agencies:

Identify emergency responsibilities of special districts, private, and volunteer agencies, and their roles in the EOC, Incident Command Post, or other emergency facility.
64-67

22. Essential Facilities-Primary and Alternate EOC: Indicate the location of both the primary and alternate EOC and what conditions would cause the alternate EOC to be activated. 35 Needs to
reflect current
locations

23. Essential Facilities-Activation/Deactivation of EOC: Indicate how, when, and by whom, the Emergency Operations Center will be activated and deactivated.
11 Conflates
EOC and EOP

24. Field/EOC Direction and Control Interface: Describe the direction and control relationship between the field responders (ICS) and the EOC. This should include the reporting of pertinent information.
28 Operations
Section role

25. Field Coordination with Department Operations Centers (DOC) and EOCs: Include the use and coordination of DOCs and how they fit into the emergency management organization.
38 Cannot staff
both DOC
and EOC

26. Essential Facilities-Alternate Government Facilities: Indicate an alternate seat of government to serve as government offices for performing day-to-day functions and a facility that could serve as an alternate emergency operations center.
26 Alt seat not
identified

27. Essential Facilities-Americans with Disabilities Act: Identify how assessment and reassessment of emergency shelter facilities; transportation/movement to/from; and programs, services and 59 ADA not
cited, uses
AFN
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Page
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Local
Comments
procedures accommodate the inclusive requirements outlined in the Americans with Disabilities Act.

28. Continuity of Government: Provide persons by position to succeed key government officials and members of the emergency management organization. Indicate the level and duration of authority these individuals would assume. (Gov. Code § 8560) 26 Standby
Officers listed
in appendix
(not
available)

29. Vital Record Retention: Indicate how vital records are to be protected in the event of a disaster. Identify the data storage system, archiving schedules, and who has responsibility for its maintenance.
27 Describes
why but not
how

30. Notification and Mobilization: Describe how resources are mobilized and managed (Gov. Code Sec. 8560). Include methods to contact emergency response personnel during normal and after hours. This may be in the form of an alert list.
-
Suggest as a
separate
document

31. Mutual Aid: Include a general description of mutual aid system and processes. (Gov. Code Sec. 8560) 46, 48

32. Emergency Proclamations: Indicate the purpose and process of emergency proclamations (include samples). 47-48
Samples
maintained
separately

33. Public Information: Include pre-incident and post-incident public awareness, education, and communications plans and protocols. (Gov. Code Sec. 8560)
61-64

34. Recovery Overview: Include a general recovery concept of operations. 51 Concept only

35. Recovery Organization: Provide a description of the recovery organization along with a diagram. -
Broad
overview, no
detail, could
be a
separate
document

36. Recovery Damage Assessment: Describe the damage
assessment organization and responsibilities. -
Mentioned
but not
assigned
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37. Recovery Documentation: Describe the documentation
process. 53
Concept only
- Assigned to
“entire EOC
staff”

38. Recovery After-Action Reports (AAR): Define procedures to submit AAR to Cal OES via Cal EOC. 53 Concept only

39. Recovery Disaster Assistance: Describe the different programs, their purpose, restrictions, and application process. Include Public Assistance, Individual Assistance, and Hazard Mitigation Grant programs.
52 Concept only

40. Standard Operating Procedures (SOP) Development: Ensure emergency response agencies develop and maintain SOPs.

Indicate in the plan the relationship and purpose of SOPs to the plan.
- Concept only

41. Training and Exercises: Describe the training and exercise programs for the jurisdiction, including who has personal responsibility for the programs. Training should include EOP orientation, SEMS training, a full-scale exercise, and other training as deemed necessary.
67 Concept only

APPENDICES (SEMS ELEMENTS)

42. Glossary of Terms: Include a glossary of terms that includes all the terms used throughout the plan. 69-83
Could be
reduced to
include only
most critical

43. References: Identify the references used in developing the plan. - Suggest as a
separate
document

44. Resources: Identify sources for materials and supplies internally and externally. -
Suggest as a
separate
document
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45. Contact List: Include a list of agencies and personnel not internal to the organization, but critical to emergency operations.

May be kept under separate cover.
-
Suggest as a
separate
document

46. Supporting Documentation: Include material necessary to selfcertify compliance with SEMS. This should include evidence of training, planning, exercises, and performance.
-
Suggest as a
separate
document
PART II: EMERGENCY SUPPORT FUNCTION ANNEXES
(If Applicable) (CPG 101 ELEMENTS)

47. Functional Support Annexes: Include functional annexes that add specific information and directions to the EOP. These annexes focus on specific responsibilities, tasks, and operational actions that pertain to the performance of emergency support functions to include:
• CA-ESF 1 – Transportation
• CA-ESF 2 – Communications
• CA-ESF 3 – Construction and Engineering
• CA-ESF 4 – Fire and Rescue
• CA-ESF 5 – Management
• CA-ESF 6 – Care and Shelter
• CA-ESF 7 – Resources
• CA-ESF 8 – Public Health and Medical
• CA-ESF 10 – Hazardous Materials
• CA-ESF 11 – Food and Agriculture
• CA-ESF 12 – Utilities
• CA-ESF 13 – Law Enforcement
• CA-ESF 14 - Recovery
• CA-ESF 15 – Public Information
• CA-ESF 17 – Volunteers and Donation Management
• CA-ESF 18 – Cyber Security
N/A
City utilizes
ICS functions.

CA-ESFs are
summarized
on pp. 55-57.

This is not
required as
the City will
usually
interact with
Contra Costa
County which
uses ICS
rather than
state
agencies
which use the
ESFs.

PART III: FUNCTIONAL ANNEXES (SEMS ELEMENTS)

48. Management Section: Include the following activities and responsibilities:
• Overall EOC management
• Public information assignment
• Identification of a media center
• Rumor control
• Public inquires
• Provision for public safety communications and policy • Identification of a Safety Officer
• Facility security
• Agency liaison
• State/Federal field activity coordination
27 Included
here but not
as a separate
annex. This
could be
relocated to
a separate
EOC
Handbook
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49. Operations Section: Include the following activities and responsibilities:
• General warning
• Special population warning
• Authority to activate Emergency Alert System
• Inmate evacuation
• Traffic direction and control
• Debris removal
• Evacuation
• Evacuation and care for pets and livestock
• Access control
• Hazardous materials management
• Coroner operations
• Emergency medical care
• Transportation management
• Crisis counseling for emergency responders
• Urban search and rescue
• Disease prevention and control
• Utility restoration
• Flood operations
• Initial damage assessments
• Safety assessments
• Shelter and feeding operations
• Emergency food and water distribution
27 Included
here but not
as a separate
annex. This
could be
relocated to
a separate
EOC
Handbook

50. Planning/Intelligence Section: Include the following activities and responsibilities:
• Situation status
• Situation analysis
• Information display
• Documentation
• Advance planning
• Technical services
• Action planning
• Demobilization
27 Included
here but not
as a separate
annex. This
could be
relocated to
a separate
EOC
Handbook

51. Logistics Section: Include the following activities and responsibilities:
• Field incident support
• Communications support
• Transportation support
• Personnel
• Supply and procurement
• Resource tracking
• Sanitation services
• Computer support
28 Included
here but not
as a separate
annex. This
could be
relocated to
a separate
EOC
Handbook
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52. Finance/Administration Section: Include the following activities and responsibilities:
• Fiscal management
• Timekeeping
• Purchasing
• Compensation and claims
• Cost recovery
• Travel requests, forms, and claims
28 Included
here but not
as a separate
annex. This
could be
relocated to
a separate
EOC
Handbook
PART IV: SUPPORT ANNEXES (CPG 101 ELEMENTS)

53. Support Functions: Describe critical operational functions and who is responsible for carrying them out. They may include, but are not limited to:
• Continuity of Government/Operations
• Public Alert and Warning
• Protective Actions
• Financial Management
• Mutual aid/Multijurisdictional Coordination
• Private Sector Coordination
• Volunteer and Donations Management
• Worker Safety and Health
N/A
City does not
maintain
functionspecific
annexes
PART V: HAZARD, THREAT, or INCIDENT SPECIFIC ANNEXES (CPG 101

ELEMENTS)

54. Threat Specific Annexes: The EOP should address response activities that are specific to all hazards that pose a threat to the jurisdiction. Describe any emergency response strategies that apply to a specific type of hazard. These may include:
• Avalanche
• Severe Storm
• Earthquake
• Tsunami
• Volcanic Activity
• Tornado
• Floods
• Dam Failure
• Hazardous Materials Incident. Incorporate or reference the Hazardous Materials Area Plan
• Power Disruption (e.g., Public Safety Power Shutoff (PSPS)) • Radiological Incident
• Biological Incident
• Terrorism Incident
• Other hazards, threat, or incidents
N/A
City does not
maintain
threatspecific
annexes
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Where
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Comments

ADDITIONAL SEMS ELEMENTS FOR CONSIDERATION

55. Dams:
• If there are dams in the area, the plan should have or reference inundation maps that indicate what areas could flood, the time the flood wave arrives at specific locations, and the time when the water will recede.
• Include operational information necessary to carry out an evacuation of all potentially flooded areas should be indicated for each dam.
• The information required for each dam should include shelter locations, location of critical facilities such as government center hospitals, nursing homes, schools, day care centers, etc. • Each dam evacuation plan should also indicate other facilities with large concentrations of people with disabilities, persons that lack their own transportation, or persons requiring special assistance.

N/A
This could be
assessed
during EOP
revision
based on
potential
inundation
from dams
outside the
City (ex. San
Luis Reservoir)
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ATTACHMENT 3: SUMMARY OF RECOMMENDATIONS
This table summarizes the program recommendations provided in this assessment.

Potential direct costs are estimated for contractor services and or/materials. Indirect costs reflect potential staff support in developing or maintaining a recommended capability or service.

Those recommendations that are highlighted may provide the most immediate and/or cost effective program benefit,
# Recommendation Estimated
Direct Costs
Estimated Indirect
Costs
1 Transfer the emergency management
program from the Police Department to the
City Manager’s Office and designate the
Assistant City Manager to serve as the
Assistant Director of Emergency Services.
16 staff hours
2 Expand the responsibilities of the position of
Assistant Director of Emergency Services to
include developing, implementing,
administering, evaluating, and maintaining the
emergency management program.

50 to 200 staff
hours/year
3 Review and revise the municipal code as
needed
30 staff hours
4 Consider developing and designating a
specific line item in the City budget for the
emergency management program.
$10,000 – $70,000
annually
20 staff
hours/year
5 Consider re-establishing the Disaster Council in
order to revive interdisciplinary and
interjurisdictional relationships and to prioritize
emergency management program efforts.
20 hours/year
plus staff time to
attend meetings.
6 Provide a copy of a revised City Emergency
Plan to the California Office of Emergency
Services via Contra Costa OES.

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City of Oakley Emergency Management Program Assessment
36 February 2023
7 Utilize the updated hazard analysis from the
new Contra Costa Hazard Mitigation Plan for
the next EOP update.

Note: part of #10
(below)
Note: part of #10
(below)
8 Consider developing and maintaining a basic
COOP.
$20,000 - $30,000 200 staff hours.
20 hours/year to
maintain.
9 Coordinate with Contra Costa OES to identify
grant opportunities for continuity planning and
cybersecurity projects.
20 hours/year
10 Revise and seek formal Council adoption of
the 2018 draft EOP or develop a new plan.
$25,000 - $60,000 50-100 staff hours
to contribute and
review.
11 Consider partnering with the County and/or
neighboring cities and participating in federal
hazard mitigation grant programs.
20 hours/year
12 Consider implementing a modest protocol for
rapidly notifying and connecting senior City
staff such as a Crisis Assessment Team (CAT).
10 hours/year
13 Consider working with the Contra Costa
Sheriff’s Office to install Hi/Lo sirens on law
enforcement vehicles.
$3,000 - $25,000
plus installation in
new vehicles
20 staff hours and
10 hours/year
14 Consider partnering with neighboring
jurisdictions to pursue funding for an East
County 50-person mass shelter supplies trailer.
$20,000 - $35,000 50 staff hours and
15 hours/year
15 Consider training selected City staff in mass
shelter operations via in partnership with the
American Red Cross.
12 hours per staff
member
16 Consider developing partnership agreements
with school district to serve as congregate
shelter locations.
20 staff hours
17 Consider developing a basic City shelter
guide.
$5,000 - $10,000
18 Coordinate with CCCART to provide colocated animal services at the City’s congregate shelter.
8 staff hours
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City of Oakley Emergency Management Program Assessment
37 February 2023
19 Incorporate “Know Your Zone” public
information into community preparedness
efforts and provide a link on the City website.
12 staff hours and
4 staff hours/year
20 Update the information for the East Cypress
community to include the relevant evacuation
zone designations.
8 staff hours
21 Request an evaluation of the EOC facility and
procedures from Contra Costa OES or a
contractor.
$20,000 - $30,000 30 staff hours
22 Assign a primary and a secondary member of
City staff for each EOC position.
15 staff
hours/year
23 Request training from Contra Costa OES or
send staff to training offered in other
jurisdictions.

Could be
combined with
#28 and #29
(below)
10 staff hours and
staff time to
attend
24 Consider developing a sister city relationship
so that staff from the unaffected city could
potentially support its counterpart.
20 staff hours and
8 staff hours/year
25 Review and improve EOC supplies and
equipment including available computers.

Could be
combined with
#21 (above)
30 staff hours
26 Consider developing a simple Disaster
Recovery Framework.
$15,000 - $30,000 50 staff hours
27 For potential disaster recovery resources,
consider exploring the Disaster Recovery
Program under the National League of Cities.
$15,000 - $50,000
annual retainer
4 staff hours/year
28 Consider working with Contra Costa OES
and/or partner cities to train City staff in EOC
operations, public information, shelter
management, field damage assessment, and
post-earthquake safety assessment.
20 staff hours and
staff time to
attend
29 Consider conducting training internally or
have City staff participate in training
sponsored by Contra Costa OES, the San
Francisco Bay Area UASI or CalOES.
30 staff hours and
staff time to
attend
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City of Oakley Emergency Management Program Assessment
38 February 2023
30 Provide City staff with information about their
roles as Disaster Service Workers upon being
hired and at least every other year
subsequently.
10 staff hours and
1 hour per staff
every 2 years
31 Consider working with Contra Costa OES to
identify the most relevant community disaster
preparedness resources and then make those
resources available to City residents.
25 staff hours
32 Consider working with the Contra Costa CERT
Coalition to identify opportunities for City
residents to receive training and potentially
participate in a countywide CERT program.
$4,000 - $7,000 30 staff hours
33 Consider conducting a workshop for senior
City staff in the near-term to develop
awareness of City efforts in this area and
obtain their input.
$5,000 - $10,000 25 hours and staff
time to attend
34 Continue to conduct post-incident reviews
following major incidents involving City staff or
the EOC.
4 staff hours and
staff time to
attend
1566
DATE: March 28, 2023
TO: City Council
FROM: Joshua McMurray, City Manager
SUBJECT: Authorization for the City Manager to Execute a Purchase and Sale Agreement with Kent A. Ipsen for the sale of property located at 3070 Main Street (APN 037-200-010)
______________________________________________________________________ Background and Analysis
The Skipolini’s restaurant is housed within property the City owns. The City has owned the property since 2010, when the former Redevelopment Agency acquired the property at 3070 Main Street for the purposes of redeveloping the property with a restaurant building and restaurant. Since that time, there have been a total of three restaurants that have occupied the space, with the most current restaurant being Skipolini’s.

Skipolini’s assumed the lease from the prior tenant on May 26, 2020. Around that same time, on June 1, 2022, the City amended the lease to include several provisions as follows:
 Extended the term of the lease agreement by 13 years and 2 months to May 31, 2035.
 Allowed for a 28-month deferral of rent (except for a $1 a month payment over those 28 months).
 At the end of the 28-month period, the rent charged would be $5,000 a month through the amended term.
 Required CAM fees to be charged at the end of the 28-month period, with an escalator.

STAFF REPORT
Approved and Forwarded to the City Council
1567
 Allowed for the tenant to purchase the property starting at June 1, 2025, using an appraisal which value would be adjusted, based on the date of sale, using the CPI.

The last bullet point is of the most importance as it relates to this item. It set both a term for when the property could be sold and it also outlined a method for an appraisal, which was set to use the income approach along with current market conditions and existing leases. An appraisal, dated August 6, 2020, set the base value of the property at $525,000. When you adjust with the CPI to April 2023, the value goes up to $579,214.

Also, as consideration for terminating the lease early as a result of the sale, the buyer has indicated they would offer almost half of the remaining lease payments as part of the sale, which equal to $62,500. So, in total, the proposal is for a total of $641,714. There are three main components of the Purchase and Sale Agreement that are being pointed out as the property was developed as part of the larger center and there are some housekeeping items the City needs to take care of as follows:
 The City will complete a lot-line adjustment that shall add portions of APN 037-200-012-5 to the Real Property to ensure the City preserves and maintains rights of way along Main Street, Vintage Parkway, and for the existing parking area; and
 The City and Buyer shall enter into a mutually agreeable license agreement or other agreement, effective as of closing, authorizing any encroachment that the Buyer maintains on the sidewalk fronting Main Street for restaurant purposes; and
 The City and Buyer shall enter into a mutually agreeable easement agreement or other agreement ensuring that Seller may continue to have reasonable access to all utilities and irrigation lines and facilities serving the remaining Seller property within the shopping center in which the Property is located.

Although the current lease sets a date in which the property could be sold, City Staff would like to sell the property in advance of that date. It takes resources to manage this property, as well as others the City owns. In an effort to reduce the time our Economic Development Staff spends on managing the property, which can be used more efficiently in other areas, as well as generate some revenue for other priorities, this proposal accomplishes both of those goals.

Approval of this item would allow the City to formally enter into the attached Purchase and Sale Agreement, thereby formally agreeing to sell the property Kent A. Ipsen. Staff is supportive of this agreement and is recommending approval. The sale of the property will now shift the maintenance and upkeep to the new owner while also allowing for additional investment into the City and our Downtown.
1568
Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Community and Economic Development goal of Strategic and Thoughtful Growth, specifically the sub-objective that points to the City revitalizing and drawing people into the downtown through the sale of City-owned property based on community benefit.

Fiscal Impact
The City stands to generate approximately $641,714 of gross revenue off of the sale of the City owned parcel and building. That revenue is comprised of $579,214, which is deemed to be the value of the Property, as set forth in the Second Amendment to the Lease Agreement and as adjusted by the consumer price index from the effective date of that Amendment, and $62,500 which is deemed to be half of the remaining lease payments due from the Effective Date of this Agreement and the Option Commencement Date.

Staff Recommendation
Staff recommends that the Council adopt the resolution approving the Purchase and Sale Agreement with Kent A. Ipsen for the sale of property located at 3070 Main Street (APN 037-200-010).

Attachments

1. Draft Purchase and Sale Agreement

2. Draft Resolution
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PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (“Agreement”) is made by and between and the City of Oakley, a California municipal corporation (“Seller”), and Skipolini’s, Inc., a California corporation (or its assignee) (“Buyer”). The effective date of this Agreement is March 28, 2023 (“Effective Date”).

In consideration of the respective agreements hereinafter set forth, Seller and Buyer agree as follows:

RECITALS
A. Seller is the owner of the Property as defined in Paragraph 1 below.

B. Buyer is the lessor of the Property under the Second Amendment to Lease Agreement, effectively dated June 1, 2020, following the assignment to Buyer from the original lessee of the Lease Agreement, dated April 1, 2017 (the original and amendments to this lease are collectively referred to as the “Lease Agreement”).

C. Under the Second Amendment to the Lease Agreement, Buyer possesses an option to purchase the Property on and after June 1, 2025 (“Option Commencement Date”) under terms and conditions as that Amendment to the Lease Agreement specifies.

D. Buyer desires to purchase the Property from Seller sooner than the Option Commencement Date, and Seller desires to sell the Property to Buyer before that date, subject to the terms and conditions for the purchase as stated in the Second Amendment to the Lease Agreement, and as more fully described within.

AGREEMENT
NOW, THEREFORE, the parties agree as follows:

1. Property Included in Sale. Seller shall sell and convey to Buyer, and Buyer shall purchase from Seller, subject to the terms and conditions set forth herein, the following:

1.1 The real property located at 3070 Main Street in Oakley, California, which is described in Exhibit “A”, attached hereto, and which is developed with a commercial restaurant building, situated on Assessor’s Parcel Number 037-200-010, and as such real property shall be adjusted pursuant to the lot line adjustment described in Section 5.2(i) of this Agreement (as so adjusted, the “Real Property”).

1.2 All of Seller’s right, title and interest in and to (i) all rights, privileges and easements appurtenant to the Real Property, including without limitation all development rights, permits, entitlements and any rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property (collectively, the “Appurtenances”); (ii) any improvements or fixtures upon the Real Property (collectively, the “Improvements”); (iii) all intangible property and rights, indemnities, claims, demands, actions or awards benefiting the Real Property, including, but not limited to, any causes of action, claims and warranties (collectively, 1570
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the “Intangible Rights”). The Real Property, Appurtenances, Improvements and Intangible Rights are collectively referred to herein as the “Property”.

2. Purchase Price. The purchase price for the Property shall be the sum of $641,714 ("Purchase Price"), of which $579,214 is deemed to be the value of the Property, as set forth in the Second Amendment to the Lease Agreement and as adjusted by the consumer price index from the effective date of that Amendment, and $62,500 is deemed to be half of the remaining lease payments due from the Effective Date of this Agreement and the Option Commencement Date.

3. Opening of Escrow; Deposit.

3.1 Escrow Agent. The parties shall open an escrow through Old Republic Title Company located at 1000 Burnett Avenue, Suite 400, Concord, CA; Attn: Debra Powell ([email protected]) (“Escrow Agent”).

3.2 Deposit. Within five calendar days of the opening of escrow, Buyer will deposit the sum of $1,000.00 into escrow as the deposit for this transaction (“Deposit”). The Deposit shall be credited against the Purchase Price at the Closing (as hereinafter defined). Escrow Agent shall hold the Deposit in an interest bearing account with interest accruing for the benefit of Buyer. The Deposit and all interest accrued thereon, if any, less the Independent Consideration (as hereinafter defined), while in Escrow shall be refundable to Buyer if this Agreement is terminated by Buyer (i) on or before the expiration of the Due Diligence Period for (as hereinafter defined) for any reason; (ii) due to a default by Seller; (iii) due to a failure of any of the Conditions Precedent (as hereinafter defined) or (iv) as otherwise provided in this Agreement.

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

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

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

5. Conditions to Closing. The following conditions are conditions precedent to Buyer’s obligation to purchase the Property (the “Conditions Precedent”):
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5.1 Buyer’s Review and Approval of Title to the Property. Seller shall use reasonable efforts to cause Title Company to deliver to Buyer a preliminary title report on the Property within twenty (10) days after the Effective Date, which preliminary title report shall be issued by Title Company and accompanied by copies of all documents referred to in the report (collectively, the “Preliminary Report”). Buyer shall advise Seller, within thirty (30) days after the Effective Date, what exceptions to title, if any, will be accepted by Buyer. Seller shall have ten (10) days after receipt of Buyer’s objections to give Buyer: (i) notice that such exceptions will be removed on or before the Closing Date; or (ii) notice that Seller elects not to cause such exceptions to be removed. If Seller gives Buyer notice under clause (ii), Buyer shall notify Seller within ten (10) days after Buyer’s receipt of Seller’s notice whether Buyer elects to proceed with the purchase or terminate this Agreement. If Buyer shall fail to give Seller notice of its election within such ten-day period, Buyer shall be deemed to have elected to terminate this Agreement. In the event this Agreement is cancelled pursuant to this 5.1, the Deposit, together with all interest earned thereon, and all other monies delivered to Escrow Holder by Buyer shall immediately be returned to Buyer, and except for any provisions that expressly survive the termination of this Agreement, the parties hereto shall have no further obligations hereunder. Notwithstanding the foregoing provisions, Seller, at its sole cost, on or prior to the Closing, shall cause to be eliminated all liens evidencing monetary encumbrances (other than liens for non-delinquent real estate taxes and assessments, and supplemental taxes and assessments). Failure of Buyer to object to such monetary encumbrances shall in no event be deemed a waiver of Buyer’s right to require Seller to eliminate such monetary encumbrances at Closing.

5.2 Seller Conditions to Closing. As conditions to Closing, the parties hereto shall require that prior to the conveyance of title to the Property, Seller and Buyer shall do all of the following:
(i) Seller shall, at Seller’s expense, effectuatea lot-line adjustment, as reflected on the Site Plan attached hereto as Exhibit “B” and incorporated by reference herein, that shall add portions of APN 037-200-012-5 to the Real Property to cause the Property to consist of approximately [insert amount] square feet, as may be adjusted upward or downward following the preparation of engineering documents and drawings, and shall ensure that Seller preserves and maintains rights of way along Main Street, Vintage Parkway, and for the existing parking area; and
(ii) Seller shall prepare, at Seller’s expense, and Seller and Buyer shall enter into a mutually agreeable license agreement or other agreement, effective as of the Closing, authorizing any encroachment that Buyer maintains on the sidewalk fronting Main Street for restaurant purposes; and
(iii) Seller shall prepare, at Seller’s expense, and Seller and Buyer shall enter into a mutually agreeable easement agreement or other agreement ensuring that Seller may continue to have reasonable access to all utilities and irrigation lines and facilities serving the remaining Seller property within the shopping center in which the Property is located.

5.3 Due Diligence Investigations. During that period which shall commence on the Effective Date and terminate at 5:00 p.m., Pacific Time, on the date that is sixty (60) days thereafter (the “Due Diligence Period”), Buyer, through its employees, agents and consultants, shall be entitled to enter the Real Property to conduct, at Buyer’s sole cost and expense, a full 1572
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inspection of the Property, including, without limitation, a physical inspection of the condition of the Real Property, an inspection and examination of the soils and the environmental condition of the Real Property, including, without limitation, a Phase I and Phase II (if required) Environmental Site Assessment of the Real Property, and an inspection of the condition of title to the Property. Not later than five (5) business days after the Effective Date, Seller shall furnish to Buyer, to the extent such materials are presently in Seller’s possession or control, the following materials: (i) copies of all site plans and floor plans concerning the Property; (ii) any existing title insurance policies for the Property; (iii) the most recent existing survey of the Property; (iv) copies of any environmental, hydrology, toxic material or soil reports or environmental impact studies on the condition of the Property or any part thereof; (v) any existing appraisals; (vi) proof of existing liability insurance and commercial property insurance; (vii) copies of any existing appraisals; (viii) copies of any leases or other documents related to income sources in place with respect to the Property; (ix) copies of any warranties or other agreements affecting possession of the Property or the improvements located thereon and (x) any other additional and available due diligence materials with respect to the Property (collectively, the “Due Diligence Materials”).

Buyer shall promptly repair any damage caused to the Real Property as a result of Buyer’s entry on the Real Property and shall restore the Real Property after any such entry to the same material condition at the time immediately preceding such entry by Buyer. Buyer shall indemnify, defend and hold harmless Seller from and against any and all obligations, liabilities, claims, damages, costs, expenses and fees (including reasonable attorneys’ and experts’ fees and costs) arising from any entry, examinations, inspections, tests or restoration conducted by Buyer on the Real Property. Notwithstanding the foregoing, Buyer shall not be obligated to defend or indemnify Seller or to repair any damage caused in whole or part by any one or more of the following: (a) the discovery of hazardous materials; (b) a pre-existing condition in, on or about the Property; (c) the spread of hazardous materials already present on the Property despite the use of reasonable care; or (d) the negligence or willful misconduct of Seller or its agents.

5.4 Buyer’s Approval of Condition of the Property; Right to Terminate. On or before the expiration of the Due Diligence Period, Buyer shall deliver notice to Seller specifying Buyer’s approval or disapproval, in Buyer’s sole and absolute discretion, based on its investigation of the Property, the Due Diligence Materials and the Preliminary Report. In the event that any of the conditions of the Property are unacceptable to Buyer for any reason, Buyer may deliver a written notice of disapproval electing to terminate this Agreement and, except as otherwise provided herein, the parties hereto shall have no further rights or obligations under this Agreement, and the Deposit, together with all interest earned thereon, less the Independent Consideration, shall be immediately returned to Buyer. Notwithstanding the foregoing, if at any time before the expiration of the Due Diligence Period, or after Buyer’s approval of its due diligence investigations in accordance with this Section 5.4 (but prior to Closing), the Escrow Agent shall deliver to Buyer an amended Title Report, Buyer shall have until the later of (i) ten (10) business days from its receipt of such amended Title Report (and copies of any additional documents referred to therein as additional exceptions) or (ii) the expiration of the Due Diligence Period, to approve any additional matters referred to therein, and Buyer’s disapproval of the same shall have the same effect as a written notice of disapproval delivered on or before the expiration of the Due Diligence Period.

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

6.2 Closing Date. Escrow shall close within 90 days of the opening of Escrow (the date of closing being hereinafter referred to as the “Closing Date”).

6.3 Delivery of Documents. At or before the Closing Date (except to the extent otherwise specifically provided below), Seller shall deliver to Buyer the following:
(i) The grant deed for the Property, duly executed and acknowledged by Seller;
(ii) A general bill of sale and assignment conveying title and interest to Seller’s interest in the Property (other than the Real Property) to Buyer, substantially in the form attached hereto as Exhibit C;
(iii) Non-foreign certificates with respect to federal tax and California tax in form and substance reasonably satisfactory to Buyer; (iv) A Natural Hazard Zone Disclosure Report; and
(v) Such other documents or records as may be required under applicable law or as specified by the Title Company to ensure completion of all transactions described hereby.

6.4 Apportionment. The following are to be apportioned as of the Closing Date, as follows:
(i) Real Estate Taxes and Assessments. Real property taxes and assessments on the Real Property shall be prorated as of the Closing Date (on the basis of actual days elapsed and a 360-day year) based upon the latest available bills. Buyer shall assume responsibility for all real estate taxes and assessments on the Property from the Closing Date forward. If any of the prorations or adjustments required under this Section 6.4(i) cannot be definitively calculated on the Closing Date, then they shall be estimated at the Closing and definitively calculated as soon as practicable after the Closing Date. As soon as the necessary information is available, Seller and Buyer shall conduct a post-Closing review to determine the accuracy of all prorations and adjustments. Within thirty (30) days after the completion of such determination, either party owing the other party a sum of money based on such subsequent prorations, adjustments or post-Closing review shall pay said sum to the other party. The obligations of Seller and Buyer under this Section shall survive the Closing for one (1) year. (ii) Closing Costs. Buyer shall pay the recording fees, any County of Contra Costa transfer tax and the premium for the Title Policy and escrow fees and such other 1574
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costs and charges of the escrow for the sale not otherwise provided for in this paragraph or elsewhere in this Agreement.

7. Party Representations; Default.

7.1 Seller Representations and Warranties. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing as follows:
(i) Seller has full power and authority and has taken all action necessary to execute this Agreement and to fulfill all its obligations hereunder and that this Agreement has been duly executed and delivered by Seller and constitutes the legal, valid and binding obligations of Seller in accordance with its terms.
(ii) Seller represents that the Property is free of contamination and hazardous materials. The Property is not in violation of any federal, state or local law, ordinance or regulation relating to hazardous substances, industrial hygiene or the environmental conditions on, under or about the Property including, but not limited to, soil and ground water condition. (iii) To Seller’s knowledge, there are no violations of any applicable law, ordinance, rule, regulation, or requirement of any governmental agency, body, or subdivision affecting or relating to the Property.
(iv) To Seller’s knowledge, there is no suit, action, arbitration, legal, administrative or other proceeding or inquiry, pending or threatened against or relating to Seller which would affect Seller’s ability to perform its obligations under this Agreement. (v) To Seller’s knowledge, there are no encumbrances or liens against the Property, including, but not limited to, actual or impending mechanics’ liens against the Property, unexpired leases, options, mortgages or deeds of trust, other than those set forth in the Title Report
(vi) No third party is entitled to occupancy of any portion of the Property.
(vii) Except as expressly provided herein, there is no agreement affecting or restricting the Property, including its usage and development, and Seller has not granted to any person or entity any ground lease, site control lease or similar agreement regarding the Property or any option to purchase or lease all or any portion of the Property or any right of first refusal or right of first offer to purchase or lease all or any portion of the Property, and no third parties have any such options or rights.
(viii) There are no pending or, to Seller’s knowledge, threatened requests, applications or proceedings to alter or restrict the zoning or other use restrictions or any taking, condemnation or eminent domain proceedings applicable to the Property. The Property is a legal conforming use and the current and anticipated use of the Property complies with the zoning requirements for the Property.
(ix) Seller has disclosed to Buyer any and all known conditions with 1575
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respect to the Property which are reasonably likely to have an adverse effect on the Property or may adversely affect the health or safety of any occupant of the Property.

7.2 Buyer Representations and Warranties. Buyer hereby represents and warrants to Seller as of the Effective Date and as of the Closing as follows:
(i) Buyer has full power and authority and has taken all action necessary to execute this Agreement and to fulfill all its obligations hereunder and this Agreement has been duly executed and delivered by Buyer and constitutes the legal, valid and binding obligations of Buyer in accordance with its terms.
(ii) To Buyer’s knowledge, there is no suit, action, arbitration, legal, administrative or other proceeding or inquiry, pending or threatened against or relating to Buyer which would affect Buyer’s ability to perform its obligations under this Agreement.

7.3 Breaches of Representations and Warranties; Indemnity. The foregoing representations and warranties shall survive the Closing for a period of two (2) years and shall not merge into the Grant Deed. Buyer’s obligation to proceed with the Closing shall be conditioned upon the accuracies of the representations and warranties of Seller. If, prior to the Closing, Seller discloses to Buyer or Buyer otherwise discovers that the foregoing representations and warranties of Seller are inaccurate, Buyer shall have the right to terminate this Agreement by providing Seller with written notice within five (5) business days of its receipt of such disclosure, in which event the Deposit and all accrued interest thereon shall be promptly refunded to Buyer, and the parties hereto shall have no further obligation to each other except as otherwise provided herein. In the event that Buyer discovers after the Closing that any of the foregoing representations and warranties were false or misleading in any material respect when made, then Buyer shall be permitted to pursue any and all rights and remedies available to Buyer at law or in equity. Seller shall indemnify, defend (with counsel reasonably acceptable to Buyer), protect and hold harmless Buyer, and its members, managers, employees, agents, representatives, successors and assigns harmless from and against any claims, losses, damages, actions, causes of action, assessments, liabilities, obligations, costs or expenses, including reasonable legal fees and expenses, as incurred, payable promptly upon written request, to the extent arising or resulting from (i) any inaccuracy of Seller’s representations and warranties or breach or non-fulfillment covenants under this Agreement and/or (ii) the Property prior to the Closing, except to the extent directly resulting from Buyer’s use or operation of the Property pursuant to the Lease Agreement.

7.4 DEFAULT BY BUYER; LIQUIDATED DAMAGES. If the Closing and the consummation of the transaction contemplated by this Agreement do not occur solely as a result of a default by Buyer, then Seller, as its full and complete liquidated damages and its sole and exclusive remedy for Buyer’s default, shall be entitled to retain the Deposit. Seller agrees to waive all other remedies against Buyer, which Seller might otherwise have in law or at equity by reason of such default by Buyer; provided, however, the foregoing shall not limit those obligations of Buyer which expressly survive the termination of this Agreement as expressly provided hereunder. THE PARTIES HAVE AGREED THAT SELLER’S ACTUAL

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

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

BELOW, THE PARTIES ACKNOWLEDGE THAT THE AMOUNT OF THE DEPOSIT 1576
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HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES’ REASONABLE ESTIMATE OF SELLER’S DAMAGES AND AS SELLER’S

EXCLUSIVE REMEDY AGAINST BUYER, AND THAT PAYMENT OF SUCH

AMOUNT TO SELLER AS LIQUIDATED DAMAGES IS NOT INTENDED AS A

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

Seller’s Initials Buyer’s Initials

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

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

Buyer, moreover, acknowledges that Buyer has entered into this Agreement with the intention of relying upon its own investigation of the physical, environmental, economic and legal condition of the Property, including, without limitation, the compliance of the Property with laws and governmental regulations and the operation of the Property, and that, except for the representations and warranties of Seller expressly set forth herein, Buyer is not relying on any representations and warranties made by Seller or anyone acting or claiming to act on Seller’s behalf concerning the Property except as expressly provided herein. Buyer further acknowledges that it has not received from Seller any accounting, tax, legal, architectural, engineering, property management or other advice with respect to this transaction and is relying upon the advice of its own accounting, tax, legal, architectural, engineering, property management and other advisors. Subject to the representations and warranties of Seller set forth herein, Buyer shall purchase the Property in its “As-Is” condition on the Closing Date and assumes the risk that adverse physical, environmental, 1577
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economic or legal conditions may not have been revealed by its investigations and Seller shall have no liability for any subsequently discovered defects, whether latent or patent.

9. Merger. Upon the closing, the Lease Agreement shall be deemed under the Doctrine of Merger to have terminated, and the Lease Agreement shall thereupon be of no further effect or binding on the Buyer or Seller.

10. Miscellaneous.

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

Joshua McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, California 94561
[email protected]
If to Buyer:

Kent A. Ipsen
Skipolini’s, Inc.
1535 Giammona Drive
Walnut Creek, CA 94596
[email protected]
Seller and Buyer shall each have the right from time to time to change the place notice is to be given under this section by written notice thereof to the other party.

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

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

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

10.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

10.5 Merger of Prior Agreements. This Agreement and the exhibits hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof.

10.6 Negotiated Agreement. Seller and Buyer acknowledge that this Agreement has been negotiated and that each party has had an opportunity to have the Agreement reviewed 1578
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by legal counsel. Accordingly, notwithstanding the fact that this Agreement was prepared by Seller’s counsel, the doctrine that ambiguities in an agreement shall be construed against the drafting party shall not be employed in connection with this Agreement.

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

10.8 Time of the Essence. Seller and Buyer agree that time is of the essence of this Agreement. If either party fails to perform an obligation contained herein by the date such performance is required, it shall not be deemed to be unreasonable for the other party to pursue its remedies hereunder, including termination of this Agreement.

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

10.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page hereto delivered electronically or by facsimile (including without limitation transmission by .pdf or other fixed image form) shall be binding to the same extent as an original signature page.

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

10.12 Cooperation with Exchange. In the event that at Closing, either party hereto is under contract with a “qualified intermediary” for the purpose of effecting a tax-deferred exchange in accordance with Section 1031 of the Code and the applicable regulations promulgated thereunder, the other party hereto shall reasonably cooperate with such exchange and perform any acts reasonably necessary to assist in such exchange; provided that (i) neither party hereunder shall be required to accept title to any property other than the Property, and (ii) neither party hereto shall be required to expend any additional amounts of money above those amounts 1579
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required pursuant to this Agreement or extend the Closing Date. Each party hereto shall indemnify and hold the other party harmless from and against expenses, costs and damages of any kind (including reasonable attorneys’ and experts’ fees) suffered either by reason of the performance of, or failure to perform, any acts of cooperation necessitated by this Section 10.12. [Signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

SELLER:

CITY OF OAKLEY
_____________________________________
Joshua McMurray
City Manager
BUYER:

SKIPOLINI’S, Inc.
____________________________________
Kent A. Ipsen
President
APPROVED AS TO FORM:

By: ____________________________
Derek Cole, City Attorney
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EXHIBIT A
[PROPERTY DESCRIPTION]
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EXHIBIT B

SITE PLAN
[SITE PLAN APPEARS ON FOLLOWING PAGE]
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EXHIBIT C

BILL OF SALE AND GENERAL ASSIGNMENT
This BILL OF SALE AND GENERAL ASSIGNMENT (this “Assignment”) is made and entered into pursuant to that certain Purchase and Sale Agreement (the “Purchase Agreement”), dated as of March 28, 2023, by and between the City of Oakley, a California municipal corporation (“Seller”), and Skipolini’s, Inc., a California corporation (or its assignee) (“Buyer”), with respect to Seller’s conveyance of that certain real property located at 3070 Main Street in Oakley, California, situated on Assessor’s Parcel Number 037-200-010, and as more particularly described in the Purchase Agreement (the “Real Property”).

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller hereby exclusively sells, transfers, conveys and assigns to Buyer, all of Seller’s right, title and interest in and to any and all (i) rights, privileges and easements appurtenant to the Real Property, including without limitation all development rights, permits, entitlements and any rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (ii) any improvements or fixtures upon the Real Property; and (iii) all intangible property and rights, indemnities, claims, demands, actions or awards benefiting the Real Property, including, but not limited to, any causes of action, claims and warranties. Buyer hereby accepts such sale, transfer, conveyance and assignment and agrees to assume any obligations thereunder to the extent arising or accruing from and after the conveyance by Seller to Buyer of the Real Property (the “Closing”).

This Assignment shall be conditioned upon and effective upon the conveyance of fee title to the Real Property from Seller to Buyer. The parties hereto shall cooperate, take such additional actions and execute, acknowledge where required, and deliver, such additional documents or instruments as may be reasonably necessary under the circumstances to effectuate the intent of the parties hereto pursuant to this Assignment. The Assignment shall be governed by and construed in accordance with the laws of the State of California. The terms hereof shall survive the Closing. This Assignment may be executed in multiple counterparts (including signed copies delivered to a party by electronic transmission), each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Any signature page hereto delivered electronically or by facsimile (including without limitation transmission by .pdf or other fixed image form) shall be binding to the same extent as an original signature page. [Signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the date first above written.

SELLER:

CITY OF OAKLEY
_____________________________________
Joshua McMurray
City Manager
BUYER:

SKIPOLINI’S, Inc.
____________________________________
Kent A. Ipsen
President
APPROVED AS TO FORM:

By: ____________________________
Derek Cole, City Attorney
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RESOLUTION NO. XX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY

AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT WITH KENT A. IPSEN FOR THE SALE OF PROPERTY LOCATED AT 3070 MAIN STREET (APN 037-200-010)
BE IT RESOLVED by the City Council of the City of Oakley that the City Manager is hereby authorized and directed to sign on behalf of the City that certain Purchase and Sales Agreement between the City and with Kent A. Ipsen for the sale of property located at 3070 Main Street (APN 037-200-010).

The foregoing resolution was introduced at a regular meeting of the Oakley City held on the 28th day of March 2023, by Councilmember _________________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon voice vote carried and the resolution adopted by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________________
Aaron Meadows, Mayor Date
ATTEST:
__________________________ _
Libby Vreonis, City Clerk Date
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City Council Presentation
Oakley Police Department
March 28, 2023
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Oakley Police Department
Structuring

OVERVIEW VISION
CHALLENGES “OVER HIRES”

MUTUAL AID DISPATCH
1588

OVERVIEW
• STAFFING LEVELS
• CANDIDATES IN QUEUE
• PD STRUCTURE
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VISION
• FULL SERVICE PD
• LACKING OF STAFFING ISSUES
• EXPLANATION OF ADDITIONAL SERVICES
1590

CHALLENGES
• WORK SPACE CONCERNS
• SPECIAL OPS SERGEANT
• FLEET
• EQUIPMENT
• TRAINERS
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“OVER HIRE” PROPOSAL
• “OVER HIRE” TIMELINES
• MOVE A POSITION FROM THE ‘24-’25 FY
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MUTUAL AID
• EXPLANATION
• LEMA DOCUMENT
• DEPARTMENT POLICY
• MUTUAL AID STATS
1593

DISPATCH PROJECT
• WHAT IS THE REASON
• CONSULTING PROCESS
• HOW DOES BRENTWOOD PD FACTOR IN
• COST FACTORS
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Questions & Feedback
Chief of Police, Paul Beard
[email protected]
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