Oakley City Council
January 23, 2024

Scope of Work:

Task 1 – CEQA Noise and Vibration Study
1A. Existing Noise Environment:
 Traffic Noise: Existing noise levels due to nearby transportation noise sources will be quantified. Saxelby Acoustics uses the Federal Highway Administration (FHWA) traffic noise prediction model for the prediction of traffic noise levels. Direct inputs to the traffic model will include traffic data provided by the project traffic consultant, existing posted speed limits, truck count information, and 24-hour traffic split data collected by Saxelby Acoustics.  Community Noise Survey: Saxelby Acoustics will conduct a noise survey within the project site to quantify existing background noise levels from on the project site and at exiting noisesensitive receptors in the project area. The noise survey will consist of short-term noise level measurements and continuous noise level measurements for a minimum period of 24-hours. 1B. Analysis of Transportation Noise Environment:

Saxelby Acoustics will evaluate increased traffic noise levels at existing sensitive receptors in the project vicinity. This task will be performed using traffic volumes provided by the traffic engineer.

We anticipate providing traffic noise levels for existing, existing plus project, cumulative, and cumulative plus project scenarios. However, should additional scenarios be included in the traffic study, we will also evaluate those scenarios. We will also calculate exterior and interior traffic noise levels on the proposed residential uses. If necessary, we will evaluate any required exterior or interior noise control measures needed to achieve compliance with the City of Oakley noise level standards.

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Cindy Gnos, RPM June 5, 2023 www.SaxNoise.com

\\192.168.68.50\Saxelby Acoustics\General\Sax Acoustic Files\Proposals\Environmental - RPM - City of Oakley - Contra Costa County - East Cypress SP Subsequant EIR.docx 1C. Analysis of Stationary Noise Environment:

Saxelby Acoustics will provide an analysis of the noise and vibration impacts associated with construction of the project at existing sensitive receptors in the project vicinity. It is expected that this analysis will follow the assumptions used in the project air quality analysis. 1D. Report Preparation:

Saxelby Acoustics will provide a draft report which details our findings, methodology, and noise reduction measures (if required). The report will be prepared to meet the requirements of the City of Oakley and CEQA. Saxelby Acoustics will provide the technical noise study in a generic technical format, or a RPM specific format if preferred. 1E. Response to Comments:

Saxelby Acoustics will respond to comments on the draft technical report. After comments are received, a final report will be provided.

Fee:

Saxelby Acoustics will conduct the above-described scope of work for a total fee of $10,462.0 including expenses, as outlined below.

Saxelby Acoustics Fee Proposal – East Cypress Specific Plan Subsequent EIR Attendance at additional meetings or performance of additional work which is outside of this proposal will be invoiced based upon hourly rates and expenses, as outlined in the attached fee schedule.

Task Description Fee
1A Existing Noise Environment
Principal Consultant 2 hrs. $ 200 /hr. $400.00
Technical Staff 12 hrs. $ 150 /hr. $1,800.00
Mileage 400 miles $ 0.655 /mile $262.00
1B Analysis of Transportation Noise Environment
Principal Consultant 4 hrs. $ 200 /hr. $800.00
Technical Staff 8 hrs. $ 150 /hr. $1,200.00
1C Analysis of Stationary Noise Environment
Principal Consultant 4 hrs. $ 200 /hr. $800.00
Technical Staff 8 hrs. $ 150 /hr. $1,200.00
1D Report Preparation
Principal Consultant 8 hrs. $ 200 /hr. $1,600.00
Technical Staff 8 hrs. $ 150 /hr. $1,200.00
AdministraƟon 4 hrs. $ 100 /hr. $400.00
1E Response to Comments
Principal Consultant 4 hrs. $ 200 /hr. $800.00
$10,462.00
Task 1 – CEQA Noise and Vibration Study
Quantity Rate
Total for Task 1:
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Cindy Gnos, RPM June 5, 2023 www.SaxNoise.com

\\192.168.68.50\Saxelby Acoustics\General\Sax Acoustic Files\Proposals\Environmental - RPM - City of Oakley - Contra Costa County - East Cypress SP Subsequant EIR.docx Timing:

We will commit to meeting deadlines as required to keep the project schedule. We request two weeks to provide a completed study after receipt of traffic volumes from the traffic engineer.

Saxelby Acoustics maintains automobile, general, workers compensation, and professional liability insurance policies as outlined on the attached fee schedule.

Thank you again for inviting our proposal, and please call or email me if you have any questions.

Sincerely,
Saxelby Acoustics LLC
Luke Saxelby, INCE Bd. Cert.

Principal Consultant
Board Certified, Institute of Noise Control Engineering 1166

Cindy Gnos, RPM June 5, 2023 www.SaxNoise.com

\\192.168.68.50\Saxelby Acoustics\General\Sax Acoustic Files\Proposals\Environmental - RPM - City of Oakley - Contra Costa County - East Cypress SP Subsequant EIR.docx Saxelby Acoustics 2023 Fee Schedule and Consulting Terms Item Rate
Principal Consultant
Regular Rate
Legal Rate (Inspections, depositions, court testimony, expert witness conference, etc.)
$200/hr.
$500/hr.

Technical Staff $150/hr.

Administrative Staff $100/hr.

Mileage Rate IRS Rate ($0.655/mile)
Meals and Lodging $250/day
Sound Level Meter
Basic (daily)
Basic (weekly)
Advanced (daily)
Advanced (weekly)
Very Low Noise (daily)
Very Low Noise (weekly)
Sound Meter – Advanced Outdoor Setup
Very low noise, wind measurement, audio recording, solar panels, environmental protection shroud, etc.
$100/day
$400/week
$150/day
$600/week
$200/day
$800/week
$1,000/week
IIC Tapping Machine $500/day
$2000/week
Sound System for Acoustic Testing $200/day
$800/week
Vibration Sensor with Calibrator $200/day
$800/week
Insurance Coverage
Saxelby Acoustics LLC maintains the following insurance limits:
 Commercial General Liability – $2,000,000 per occurrence / $4,000,000 aggregate  Auto Liability – $1,000,000
 Umbrella Liability – $3,000,000 per occurrence / $3,000,000 aggregate  Worker’s Compensation – Per Statute
 Professional Liability - $1,000,000
Certificates of insurance to our clients can be issued for no additional fee.

Request for Retainers
For new clients, a retainer of up to 50% of the contract is required prior to beginning work on the project. Payment for the balance of the study will be required prior to issuance of signed/stamped report.

Invoicing and Terms of Payment
Saxelby Acoustics reserves the right to submit monthly invoices for services and expenses which have been incurred when the project duration is expected to exceed 30 days. Payment for professional services is due within 30 days of the invoice date, and past due thereafter. Past due invoices will incur interest at the rate of 2% per month on the balance due, unless otherwise agreed upon. We will accept bank transfer (ACH) and credit card payments for no additional fee. Cash payments are not accepted.
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AT TACHMENT B: FEHR & PEERS

SCOPE OF WORK
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100 Pringle Avenue | Suite 600 | Walnut Creek, CA 94596 | T: (925) 930-7100 | F: (925) 933-7090 www.fehrandpeers.com
November 15, 2023
Cindy Gnos
Senior Vice President
Raney Planning and Management
1501 Sports Drive, Suite A
Sacramento, CA 95834
Subject: Proposal – CEQA Transportation Study – East Cypress Corridor Specific Plan Amendments
Dear Cindy:

Fehr & Peers is pleased to submit this proposal to prepare a Transportation Impact Assessment as part of California Environmental Quality Act (CEQA) review for proposed modifications to the East Cypress Corridor Specific Plan in Oakley, California. We understand the Specific Plan’s developer is contemplating two changes to the plan, which include the development of approximately 440 additional single family residential homes and the removal of the Rock Creek Slough Bridge. The Rock Creek Slough Bridge extended Bethel Island Road to the south connecting to Delta Road, providing a second access to the area for the public and emergency vehicles.

The following scope of work outlines tasks to prepare a city standard Transportation Impact Assessment for the project for use within CEQA review. We have developed this draft scope of work based on our understanding of the project and the city’s typical requirements for large development projects (City of Oakley, Traffic Impact Analysis Guidelines, October 2018). Since the East Cypress Corridor Specific Plan’s environmental document was prepared and approved in 2006, how transportation assessments are conducted has substantially changed. These changes include the evaluation of Vehicle Miles Traveled (VMT) as the primary metric for assessing transportation impacts and the need for evacuation analyses for constrained environments.

While VMT is currently used and required within California environmental assessments, most cities, including Oakley, still desire the evaluation of levels of service to understand project effects and provide information to the public. We have included an update to the previously prepared intersection level of service analysis to reflect current conditions as an optional task. 1169
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SCOPE OF WORK
Task 1 – Project initiation/City Scoping Meeting
Fehr & Peers will schedule and attend a meeting (or conference call) with relevant city planning and engineering staff to discuss our draft scope of work and the studies necessary for project CEQA transportation review. We will present our approach and draft scope to city staff, obtain comments, and adjust our approach and scope as necessary.

Task 2 – Vehicle Miles Traveled (VMT)
Consistent with SB 743 requirements, Fehr & Peers will perform a VMT assessment using the guidance published by the Contra Costa County Transportation Authority (CCTA) in July 2020 as the City of Oakley has not yet adopted VMT thresholds, metrics, methods, or standards of significance related to VMT. Using the CCTA Travel Demand Model, we will estimate the VMT outcomes of the proposed project. Both the project’s effect on VMT and the total project generated VMT will be calculated. Total VMT, daily VMT per resident and daily VMT per service population will be assessed. The following six scenarios will be evaluated:

1. Baseline Conditions

2. Baseline with Project Conditions

3. Baseline with Project Conditions, with Rock Creek Slough Bridge

4. Year 2040 Cumulative Conditions

5. Year 2040 Cumulative with Project Conditions

6. Year 2040 Cumulative with Project Conditions, with Rock Creek Slough Bridge For the purposes of this assessment, the “Project” will include the currently proposed changes. As the East Cypress Corridor Specific Plan was previously approved (and has been partially constructed), it will be assumed and included in the baseline scenarios.

Task 3 – Transit, Bicycle and Pedestrian Evaluation & Policy Review Fehr & Peers will evaluate the levels of bus, bicycle, and pedestrian activity forecast to be generated by the proposed project, and the potential impacts of that demand on the area circulation networks. The effects of the project, if any, on local transit routes will be qualitatively assessed. The proposed internal and existing surrounding pedestrian and bicycle networks will be reviewed for safety (compliance with design standards) and adequacy to serve projected levels of travel activity.
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As part of this task, we will review the project’s consistency with transportation related goals from the City of Oakley General Plan and applicable local, State and Federal regulations, programs, and policies. Conflicts will be identified, if any.

Task 4 – Emergency Event Identification and Evacuation Response Due Diligence Our understanding is that the city has not undertaken the establishment of evacuation time standards and thus the project team (in coordination with City staff) will need to develop CEQA thresholds of significance related to a project's effect on emergency evacuation time.

Fehr & Peers will review the City's General Plan Circulation and Safety Elements, and other relevant evacuation planning documents to confirm emergency events that have the most realistic chance of requiring an evacuation of the study area. These potential emergency events could include natural events, such as fires, flooding, and earthquakes, as well as person-made events, like chemical accidents, toxic gas releases, and fire from industrial accidents. We understand that the event of greatest concern in the study area is wildfire.

It is understood that due to the complexities and unique challenges of the study area, and the lack of codified standards and/or formal design guidance for evacuation studies (i.e., required evacuation times), the project team will provide recommendations on the wildfire emergency event(s) that have the most realistic chance of requiring an evacuation of the study area as well as the appropriate response for a wildfire related emergency event (e.g., shelter in place, evacuate to upper floors, evacuate only the building/facility, evacuate to a specified distance, or evacuate study area immediately).

After completion of the previously described work, Fehr & Peers will propose CEQA standards of significance related to a project's effect on evacuation times. It is anticipated that these proposed standards of significance will be presented to City staff for review and comment prior to undertaking Task 5 of this scope of work.

Task 5 – Establishing Project Effect on Evacuation Times Task 5 is based on the following assumptions:
• The study area for the evacuation analysis is generally bounded by East Cypress Road/Main Street, the Marsh Creek Regional Trail, Soundmound Boulevard/Rock Slough and Soundmound Boulevard /Mariner Road. The study area also includes Bethel Island. • The evacuation analysis will consider one baseline evacuation scenario (time of day, evacuation pattern, road closures, type of emergency event, etc.) for each evacuation day 1171
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(one weekday day and one weekend day). The analysis will be performed for the following conditions:
o No Project Conditions
o Plus Project Conditions
o Plus Project Conditions with Rock Creek Slough Bridge • The assessment of the project's impact on evacuation times will be based on data from the 2020 base year and year 2040 versions of the CCTA travel demand model.

Fehr & Peers will complete a quantitative analysis (using the Fehr & Peers EVAC+ tool) of evacuation times for one evacuation scenario. It is anticipated that the wildfire evacuation analysis will require the City of Oakley and surrounding environs to evacuate. The scenario would consider a road closure pattern associated with the evacuation event, such as the full closure of East Cypress Road, as determined by the project team.

Based on the defined evacuation scenario, the first step in the analysis will focus on estimating the number of evacuating vehicle trips for each evacuation scenario. We will utilize the CCTA travel demand model socio-economic data and trip generation information for the evacuation zone to estimate baseline evacuation demand. This data includes a variety of information based on census data, including persons per household, number of employees, auto-ownership information, population, and other factors that could affect the number of vehicles per household used during evacuation. The travel demand will also consider time of day. For example, an evacuation event during the middle of the night would create an evacuation trip for most that would begin at their home and end at either the evacuation center or somewhere external to the study area. Conversely, an event that occurred during the middle of the day (when people are shopping) could delay evacuation movements as people come home first to access their belongings prior to leaving. The number of evacuation trips for the project will be estimated based on the project and Specific Plan descriptions.

The during-evacuation traffic operations analysis will utilize Fehr & Peers' EVAC+ Tool. This tool will be customized to reflect the evacuation roadway network and traffic demand data extracted from the CCTA travel demand model. The tool then references trip tables for areas outside of the study area to form the "background" traffic estimates on the roadways not affected during an evacuation event. Areas affected by the evacuation event are then processed through the EVAC+ Tool trip estimator to estimate the number and sequencing of trips that occur due to the event.

The sub-area extracted network and new trip tables are then input into a Dynamic Traffic Assignment (DTA) model. A DTA model estimates traffic and levels of congestion on 15-minute 1172
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intervals and, as link congestion builds (roads fill with cars), the model dynamically reassigns traffic to less-congested routes, if available. This is a more accurate way of estimating trip assignment and identifying congested locations on the network (versus standard Synchro analysis) that should be considered during an evacuation event. The results of this modeling effort will be used to identify bottlenecks in the City’s and the County's roadway network during the evacuation scenario.

The results of the traffic operations analysis will be illustrated in figures and metrics will be summarized in tables to highlight the key findings, including evacuation travel times and congestion bottlenecks. We anticipate two meetings with the project team as part of this task.

The change in evacuation patterns and times would be compared against a threshold of significance to be as part of Task 4. If significant impacts are identified, mitigation measures will be developed to alleviate the impact. Recommendations will also be developed to aid egress from the project site onto the local roadway network.

It is noted that the quantitative evaluation described in this task is conceptual in nature as the historical wildfire patterns in and around Oakley shows that wildfires are unpredictable in nature and can be sparked by any number of causes. The purpose of the analysis is to assess for one given set of assumptions (which may not reflect an actual fire event in the future) how evacuation times could potentially change after completion of the proposed project. A more formal wildfire evacuation planning effort should be undertaken by the City to more carefully consider various evacuation scenarios and evacuation parameters (e.g., as part of a Safety Element Update analysis in-line with the legislative requirements of SB 99 and AB 747).

Task 6 – Impacts and Mitigation Measures
Using the city’s established standards of significance, mitigation measures will be developed and proposed for all identified significant adverse impacts. If a significant adverse impact relative to VMT is identified, we will outline a Transportation Demand Management Plan (TDM) as a potential mitigation measure. The TDM plan will present the measures necessary and likely travel demand reductions to result.

Task 7 – Documentation
The following documents will be prepared:
• Draft Transportation Impact Analysis
• Final Transportation Impact Analysis
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Task 8 – Meetings
We anticipate attending four meetings (or virtual calls) with the project team and/or city staff throughout the project. We will be available to attend additional meetings on a time-andmaterials basis.

Given the size of the effort and complex nature of the project, we would propose to meet with city staff upon initiation (Task 1) to obtain their review, comment, and final approval of the workscope prior to beginning work or conducting data collection. We will adjust our proposal based on their input and provide Raney with a final scope of work and budget on their approval.

OPTIONAL Task 9.1 – Intersection Level of Service Analysis While intersection levels of service are no longer used within the CEQA review process, the City typically requires them as part of project approvals to understand how developments will affect transportation conditions in the surrounding community. As an optional task, Fehr & Peers will update the intersection LOS analysis from the prior Draft EIR to current conditions. Specifically, peak-hour intersection operations will be evaluated for the following scenarios using the HCM 6th Edition method for vehicles:

1. Existing Conditions - Existing conditions based on traffic counts at the study locations.

2. Existing Conditions with Approved Specific Plan - Existing traffic counts plus traffic expected to be generated by the approved Specific Plan. This scenario does not include the Rock Creek Slough Bridge.

3. Existing with Approved Specific Plan plus Project Conditions – Existing traffic counts plus traffic expected to be generated by the project.

4. Existing with Approved Specific Plan plus Project Conditions with Rock Creek Slough Bridge – Existing traffic counts plus traffic expected to be generated by the project, with the inclusion of the Rock Creek Slough Bridge. This scenario does not include the Rock Creek Slough Bridge.

5. Cumulative Conditions - Forecasts for the cumulative scenario will be based on traffic growth trends as described in the Oakley General Plan EIR and supplemented by a check of traffic forecasts for the study area in the 2040 Contra Costa Countywide travel demand model. This scenario will include development associated with the previously approved Specific Plan.

6. Cumulative with Project Conditions – Cumulative forecasts plus traffic expected to be generated by the project.

7. Cumulative with Project Conditions with Rock Creek Slough Bridge – Cumulative forecasts plus traffic expected to be generated by the project, with the inclusion of the Rock Creek Slough Bridge.
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Pending the confirmation of our scope of work with the city and project team, Fehr & Peers will collect new weekday morning (7:00 to 9:00 AM) and evening (4:00 to 6:00 PM) peak period intersection turning movement counts at the following intersections:

1. Main Street/Empire Avenue

2. Main Street/O’Hara Avenue

3. West Cypress Road/Empire Avenue

4. West Cypress Road/O'Hara Avenue

5. West Cypress Road/Main Street

6. East Cypress Road/Sellers Road

7. East Cypress Road/Jersey Island Road

8. East Cypress Road/Bethel Island Road

9. Laurel Road/Empire Avenue

10. Laurel Road/O'Hara Avenue

11. Laurel Road/Main Street

12. Balfour Road/Byron Highway

13. Main Street/SR 4 Westbound Ramps

14. Main Street/SR 4 Eastbound Ramps

15. Laurel Road/SR 4 Westbound Ramps

16. Laurel Road/SR 4 Eastbound Ramps

17. Sandmound Boulevard/Bethel Island Road

18. Bethel Island Road/ Taylor Road

19. Bethel Island Road/ Stone Road

20. East Cypress Road/Knightsen Avenue

21. Sellers Avenue/Laurel Road

22. Main Street/Delta Road

23. Sellers Avenue/Delta Road

24. Knightsen Avenue/Delta Road

25. Byron Highway/Delta Road

26. Brentwood Boulevard/Lone Tree Way

27. Sellers Avenue/Sunset Road

28. Byron Highway/Sunset Road

29. Sellers Avenue/Chestnut Street

30. Byron Highway/Chestnut Street

31. Sellers Avenue/Balfour Road

32. Sellers Avenue/Brentwood Blvd
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33. Byron Highway/ Point of Timber Road

34. Byron Highway/ SR 4 Northbound Ramps

35. Sellers Avenue/Marsh Creek Road

36. Byron Highway/SR 4 Southbound Ramps

37. Vasco Road/Camino Diablo

38. Byron Highway/Camino Diablo
We will conduct field reconnaissance to verify intersection configurations and traffic control.

Traffic signal timings will be obtained from city staff. Information on transit services, bicycle, and pedestrian facilities within the study area will be collected. All level of service calculations will be conducted using the latest edition of the Transportation Research Board’s Highway Capacity Manual through the Synchro 11.0 analysis software, per city requirements.

All unsignalized study intersections will be evaluated to determine if signal warrants are met under each scenario, utilizing the Peak Hour Traffic Volume Signal Warrant from the California Manual on Uniform Traffic Control Devices (CA MUTCD), most recent edition.

OPTIONAL Task 9.2 – Intersection Improvement Measures
For study locations that exceed the city’s level of service standard, improvement measures will be identified. The previously approved and programed mitigation measures (physical improvements to the local street system) will be verified as still required under the new traffic loads associated with increased levels of traffic. Where necessary, additional improvement measures will be developed and identified.

OPTIONAL Task 9.3 – Intersection LOS Technical Memorandum This task will be documented in a standalone technical memorandum. The following documents will be prepared:
• Draft Intersection LOS and Improvement Measures Technical Memorandum • Final Intersection LOS and Improvement Measures Technical Memorandum

FEE ESTIMATE
We estimate the cost of the above scope of work as presented in the table below, which we propose to conduct on a time and materials not to exceed basis. 1176
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Fee Proposal for the East Cypress Specific Plan Project Fehr & Peers
Principal Project
Manager
Travel
Demand
Modeler
Engineer/
Planner Graphics Support Labor
Hours
Direct
Costs Total
Tasks $320 $175 $230 $165 $180 $150
Task 1: Project initiation/City Scoping Meeting 2 2 2 6 $100 $1,390 Task 2: CEQA Vehicle Miles Traveled 4 12 6 32 7 61 $800 $11,890 Task 3: Transit, Bicycle and Pedestrian Evaluation,
Policy Check 1 2 16 2 3 24 $300 $4,420
Task 4: Emergency Event Identification and
Evacuation Response Due Diligence 4 12 20 40 8 11 95 $1,200 $18,870 Task 5: Establishing Project Effect on Evacuation
Times 12 30 48 160 8 32 290 $3,700 $56,470
Task 6: Impacts and Mitigation Measures 2 2 16 3 23 $300 $4,380 Task 7: Documentation 12 24 60 16 14 126 $1,600 $24,520 Task 8: Meetings 8 8 2 18 $300 $4,560
Total for Tasks 1-8 45 92 74 324 34 74 643 $8,300 $126,500 Optional Task 9.1: Intersection LOS Analysis 12 48 24 180 12 35 311 $20,900 $75,770 Optional Task 9.2: Intersection Improvement
Measures 12 12 60 11 95 $1,200 $18,690
Optional Task 9.3: Intersection LOS Technical
Memorandum 8 12 36 8 8 72 $900 $14,140
Optional Tasks Total 32 72 24 276 20 54 478 $23,000 $108,600 If you have any questions or comments, please contact Bill Burton at (925) 930-7100.

Sincerely,

FEHR & PEERS
Bill Burton, PE
Principal
Bruno Lertora
Transportation Engineer
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Reso. No. -24 Page 1 of 2 January 23, 2024
RESOLUTION NO. -24

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

AN AGREEMENT WITH RANEY PLANNING AND MANAGEMENT
(“CONSULTANT”) FOR THE EAST CYPRESS CORRIDOR SPECIFIC PLAN

SUBSEQUENT ENVIRONMENTAL IMPACT REPORT IN AN AMOUNT NOT TO EXCEED $392,518.00, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND AN APPROPRIATION OF $100,000.00 IN ARPA FUNDS FOR THE FISCAL YEAR 2023/2024 BUDGET
Findings
WHEREAS, on February 1, 2023, the City of Oakley received six separate Builder’s Remedy (SB 35) planning entitlement applications totaling 443 dwelling units over 66.7 acres located in the Summer Lake North development of the East Cypress Corridor Specific Plan area all of which are subject to environmental analysis under the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City of Oakley has been attentive to the feasibility of the future Bethel Island Road extension to the south which would result in a bridge over Rock Slough and connection to Delta Road; and
WHEREAS, the City is interested in seeking more near-term solutions to establishing secondary emergency access to the East Cypress Corridor Specific Plan area, including for residents of Bethel Island; and
WHEREAS, given the Builder’s Remedy applications and an analysis on the feasibility of the Rock Slough Bridge and connection to Delta Road require environmental analysis pursuant to the CEQA, the City requested the services of Raney Planning and Management, Inc (“Raney”), a qualified professional planning consultant, to assist in completing the East Cyress Corridor Specific Plan Subsequent Environmental Impact Report; and
WHEREAS, on December 8, 2023, the City received the final East Cypress Corridor Specific Plan Subsequent Environmental Impact Report Scope of Work from Raney with a Not to Exceed Amount of $392,518.00; and
WHEREAS, Raney provided a breakdown of costs associated with conducting the analysis resulting in a fair share of $289,000.00-$294,000.00 for the Builder’s Remedy applications and $93,518.00-$98,518.00 for the Feasibility of the Rock Slough Bridge; and
WHEREAS, the Builder’s Remedy share would be funded through a developer deposit kept on file with the City of Oakley and managed by City Staff; and 1178
Reso. No. -24 Page 2 of 2 January 23, 2024
WHEREAS, the City’s share would require an appropriation of $100,000.00 for the Fiscal Year 2023/2024 budget, the total of which Staff recommends come from ARPA (American Rescue Plan Act) funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the Agreement for Consulting Services with Raney Planning and Management, Inc. for the “East Cypress Corridor Specific Plan Subsequent Environmental Impact Report” in an Amount not to Exceed $392,518.00 is hereby approved and the City Manager is authorized to execute the Agreement.

BE IT FURTHER RESOLVED by the City Council that an appropriation of $100,000.00 shall be made to the Fiscal Year 2023-2024 budget from the ARPA funding.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 23rd day of January, 2024 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:

Anissa Williams, Mayor
ATTEST:

Libby Vreonis, City Clerk Date
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SHORT FORM

SERVICES AGREEMENT BETWEEN
THE CITY OF OAKLEY AND ________________________
THIS SERVICES AGREEMENT for _______________________ services is entered into by and between the City of Oakley, a municipal corporation in the State of California (hereinafter referred to as "City") and _________________________, a ___________________ (hereinafter referred to as "Contractor") effective as of _______________, 20__ (“Effective Date”).

Section I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached hereto an incorporated herein as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall continue until terminated by either party.

1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the general geographical area of the City. Contractor shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Contractor's profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section

1.1 above and to satisfy Contractor's obligations hereunder.

Section 2. COMPENSATION. City hereby agree to pay Contractor a sum not to exceed the amount described in Exhibit A, attached hereto and incorporated herein. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. These payments shall be the only 1180
Short Form Services Agreement Between the City of Oakley and ________________________

payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit invoices to City each month for services provided.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once per quarter during the term of this Agreement. Invoices shall be on Contractor’s Letterhead (or formal invoice form) and contain the following information:
 The beginning and ending dates of the billing period;  A description of services for which payment is requested;  Amount due;
 The Contractor’s signature.

2.2 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.3 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all amounts due for work satisfactorily completed as of the date of written notice of termination.

2.4 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. RECYCLING REQUIREMENTS. Contractor agrees to comply with all City recycling requirements, and as set forth in the Oakley Municipal Code, including, but not limited to:
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Short Form Services Agreement Between the City of Oakley and ________________________

a. Construction and Demolition. Contractor must contact a customer service representative (CSR) at Oakley Disposal Service, Inc. to arrange for service for any and all construction and demolition work to be performed as part of this project unless Contractor has been approved by the City as a “self-hauler” as defined in Oakley Municipal Code §4.20.308.

The CSR will ask if the drop box contains recycle material and will direct the Contractor to drop the construction and demolition debris, including dirt and cement, to a permitted processing facility. The Contractor must indicate on their order form, by checking the applicable box, that they need documentation to comply with the Oakley Municipal Code. This documentation must be provided to the City within ten (10) days of receipt of said documentation by Contractor.
b. Commercial Self-Haul. Business self-haul materials are accepted at various Oakley Disposal Service, Inc. local facilities for recycling and include, but are not limited to, wood, inerts, metals, tires, greenwaste, plastics, cardboard, mattresses, foam padding, propane tanks, e-waste and appliances. Contractor agrees to drop any and all business self-haul materials at a site designated on the website
www.cccounty.us/depart/cd/recycle/.
c. Road Maintenance and Construction Projects. Contractor agrees to recycle greenwaste, asphalt, concrete and metal from any and all road maintenance and construction projects at Oakley Disposal Service, Inc. designated locations.
d. Office Recyclables. If Contractor has an office, temporary office, or trailer within the City of Oakley, Contractor agrees to recycle all paper, cardboard, bottles, cans, and toner cartridges at Oakley Disposal Service, Inc. designated locations.
e. Special Waste Materials. Contractor shall dispose of inert materials, including, but not limited to, concrete, asphalt and rubber, at Oakley Disposal Service, Inc. designated locations. Shingles and wood waste shall be diverted to the Recycling Center and Transfer Station (RCTS) located at 3700 Loveridge Road, Pittsburg, CA 94565. Scrap metal shall be dropped off at a large-scale scrap metal recycle facility operating within Contra Costa County which may be found at www.cccrecycle.org.
f. Universal Waste. Contractor shall dispose of batteries, mercury containing devices and lamps, and certain consumer electronics at a recycling center designated by Oakley Disposal Service, Inc. 1182
Short Form Services Agreement Between the City of Oakley and ________________________

Section 5. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors.

Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Verification of the required insurance is attached hereto and incorporated herein as Exhibit B.

5.1 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected.

5.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five calendar days after Contractor is notified of the change in coverage.

5.3 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor
hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
1183
Short Form Services Agreement Between the City of Oakley and ________________________

 Terminate this Agreement.

Section 6. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES

6.1. Contractor shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability (including but not limited to loss of use, loss of profits or loss of goodwill arising in any manner from the work) arising out of any personal injury, loss of life, damage to property, or any violation of any federal, state, or municipal law or ordinance, arising out of the performance of this Agreement by Contractor, its officers, employees, agents, volunteers, subcontractors or sub-Contractors, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City.

6.2. In the event that Contractor or any employee, agent, sub-Contractor or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, sub-Contractors or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

6.3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shalt apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

6.4. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

Section 7. STATUS OF CONTRACTOR.

7.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control 1184
Short Form Services Agreement Between the City of Oakley and ________________________

Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement, Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

7.2 Contractor, Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 8. LEGAL REQUIREMENTS.

8.1 Governing Law. The laws of the State of California shall govern this Agreement.

8.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

8.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

8.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition 1185
Short Form Services Agreement Between the City of Oakley and ________________________

to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

8.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.

Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 9. TERMINATION AND MODIFICATION.

9.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30 days written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination.

9.2 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

9.3 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, 1186
Short Form Services Agreement Between the City of Oakley and ________________________

other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

9.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

9.5 Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City may immediately terminate the Agreement.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement,

10.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the 1187
Short Form Services Agreement Between the City of Oakley and ________________________

request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

Section 11 MISCELLANEOUS PROVISIONS.

11.1 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

11.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.3 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.5 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

11.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this 1188
Short Form Services Agreement Between the City of Oakley and ________________________

Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et. Seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

11.7 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any attachment or Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.

11.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.9 Contract Administration. This Agreement shall be administered by the ____________________ ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

11.10 Notices.

Any written notice to Contractor shall be sent to:

Any written notice to City shall be sent to:

City of Oakley
Attn: _______________________
3231 Main St.

Oakley, CA 94561

11.11 Integration. This Agreement, including the attached exhibits, represents the entire and integrated agreement between City and 1189
Short Form Services Agreement Between the City of Oakley and ________________________

Contractor and supersedes all prior negotiations, representations, and agreements, either written or oral.

11.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

11.13 Authorized Signature. Each person and party signing this Agreement warrants that he/she has the authority to execute this Agreement on behalf of the principal and that the party will be bound by such signature.

The parties have executed this Agreement as of the Effective Date.

CITY: CONTRACTOR:

City of Oakley, a municipal corporation Name (STATE) (ENTITY TYPE) In the State of California
Sign:

Joshua McMurray, City Manager Name:

Title:

Attest:

Libby Vreonis, City Clerk
Approved as to Form:

Derek Cole, City Attorney
1190
Short Form Services Agreement Between the City of Oakley and ________________________

EXHIBIT A
Scope of Work/Compensation Schedule
1191
Short Form Services Agreement Between the City of Oakley and ________________________

Exhibit B
Insurance Requirements
Specific Insurance Requirements and Required Policy Limits PROFESSIONAL SERVICES CONTRACTS:

Including, but not limited to architects, engineers, consultants, counselors, attorneys and accountants.

Consultant shall procure and maintain for the duration of its contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

Minimum scope of coverage
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01) covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form number CA 0001 Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects and Engineers coverage shall be endorsed to include contractual liability.

If the Consultant maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. 1192
Short Form Services Agreement Between the City of Oakley and ________________________

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage should be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which Consultant or any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1193
Short Form Services Agreement Between the City of Oakley and ________________________

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
1194
General Government
2023 City of Oakley

ANNUAL REPORT
This Annual Report snapshot gives residents a general
overview of the various service areas and types of work that occurred during the 2023 calendar year. BUDGET
FY 2023-2024
Public Works
Police
Engineering, Capital Projects &
Maintenance
Information Technology
Public Information& Community
Outreach
254 Encroachment permits processed
15 Capital Improvement Projects completed
300 Acres of parks, open space &
landscape zones maintained
1,300 Park Service requests received &
processed
6,248 Street miles swept
4,329 Stormwater inlets inspected
12 Street miles resurfaced
4,735 Sq. ft. of sidewalk replaced
246 Street light repairs/service requests
processed
190 New street lights installed
800 Trees planted
348 Trees pruned
$45K TDA Funds secured for Pedestrian
Crossing Light System on Live Oak Rd. &
O’Hara Ave. at Delta De Anza Trail Crossing
$850K Federal Budget earmark for the
Enrico Cinquini Park rehabilitation
$2M State Budget earmark for the East
Cypress Road Widening Project
City Clerk
Economic Development
General Fund:

Budgeted Revenue
Actual YTD Revenue
Budgeted Expenditures
Actual YTD Expenditures/
Encumbrances
Other Funds:

Budgeted Revenue
Actual YTD Revenue
Budgeted Expenditures
Actual YTD Expenditures/
Encumbrances
YTD Actuals as of 12/31/23
1,361 New Instagram followers
50 weekly Oakley Outreach e-newsletters sent to
subscribers with a 96% desktop users open rate
91,357 visits to the City’s Facebook page/profile
1,242 LinkedIn page views
Maintained 99% network uptime
Enrolled in the Cyber Security & Infrastructure
Agency Cyber Hygiene Program & passed first
scan at 99.5% clean
Implemented:
-An Endpoint Detection & Response Platform
protecting the City from malicious activity on
workstations, servers & devices
-An IT Support ticketing system - 354 tickets
cleared from May ‘23 implementation to year-end
-A Zero Trust Network Access Policy increasing
security & decreasing exposure
Hired 3 Police Services Assistants & 5
Officers
20,048 calls for service:
-2,053 emergency details and/or in-progress
-2,838 urgent
-15,157 non-urgent details/cold calls
1630 records requests processed &
released
Held 84 training classes
3 fatalities with arrests made in 2 cases; 1
remains under investigation
Mid-2023, the Oakley Police
Department became a fully staffed
department allowing the City to fully
staff the Investigations and Traffic
Enforcement units and create the
Special Services Team, which was the
department’s first venture into team
concept special policing.

Received 14 applications for the Retail & Light
Industrial Improvement Program
Held 15 forums & small business workshops
Awarded 7 Certificates of Completion to Small
Business Workshop participants
Engaged 200+ business owners/private investors
Responded to 187 Public Records Act Requests
Processed 140 Resolutions for 4 bodies, 9 City
Council Ordinances & 1,053 passports
Clerked 28 public meetings
Administrative Services
Finance
Earned CSMFO Excellence Award for Budgets
for FY 2023 (3rd consecutive year)
Began the implementation of the new citywide
Enterprise Resource Management System
Human Resources
20 Full Time employees hired
14 Part Time employees hired
11 Employee wellness events held
96% Performance evaluations completed on time
Recreation
28 Community events held
130 Total classes held

70.33% Increase in Oakley Recreation social
media followers
33 Recreation Center rentals
Community Development
Building
105 Home business permits approved
2,044 Building permits issued
91 Single-family dwelling permits issued
Code Enforcement
1,067 New cases opened
Planning
Presented 17 projects to Council in 26 meetings
51 New Residential Rental Inspection Program
registrations totaling 1,377 registered
10 Planning Commission meetings held
$30,414,665
$15,482,218
$30,224,377
$16,198,119
$30,917,856
$16,931,417
$44,969,039
$32,614,462
•
1195
Tyler Enterprise ERP
Implementation
 Finance
 Human Resources Management
 Business Licensing
 Planning & Permitting
 Enterprise Asset Management
A strategic initiative for enhancing city operations,
financial management, and citizen services.
1196
Mission Statement
The City of Oakley's Finance Implementation of Tyler Enterprise ERP is dedicated to bolstering fiscal transparency, ensuring long-term stability, and effectively channeling resources. It represents our commitment to modernize our financial systems and processes, enabling us to make data-driven decisions that will support strategic growth, safeguard community wellbeing, preserve our unique Delta lifestyle, foster collaborative partnerships, maintain fiscal responsibility, and promote a sustainable, inclusive municipal workforce. Aligned with our City's core values and strategic goals, we aspire to shape a prosperous City of Oakley where all can thrive. 1197
Economic
Catalyst
Community Wellbeing AdvocateGuardian of Open
Spaces
Partnership
Facilitator
Steward of Fiscal
Responsibility
Sustainability
Promoter
Alignment: The City’s Strategic Goals
1198
Phase 1: Finance
Tyler
ERP
Data-Driven
Decision
Making
Elevated
Responsiveness
Effective
Communication
Operational
Efficiency
Culture of
Innovation
Improved
Transparency
Better
Informed
Decisions
Employee
Satisfaction
Advanced
Data
Analytics
Enhanced
Citizen July 2023 – July 2024 Engagement
“Multi-Fund Accounting System to handle
every aspect of accounting, budgeting,
procurement and project performance.”
Phase 2: HRM
January 2024 – January
2025
“Comprehensive Human Resource
Management System streamlining all
facets of workforce management, benefits
administration, talent acquisition, and
employee performance metrics.”
1199
Finance Phase: July 11, 2023 – January 11, 2024
PHASES
 Initiate & Plan UP 36% -
Phase COMPLETE
 Assess & Define Phase
UP 44%
 Prepare Solution Phase
UP 15%
TASKS
 Completed Tasks UP
341 Tasks Phases
1200
6 Finance Phase Milestones
August 1, 2023 – January 11, 2024

ALL ANALYSIS

WORKBOOKS

COMPLETE

ALL CODE

WORKBOOKS

COMPLETE

ALL CODES IN

PRODUCTION

INITIATE AND PLAN

PHASE COMPLETE

ASSESS & DEFINE
PHASE IS AT 44%

PREPARE SOLUTION IS
AT 29%
382 CLOSED TASKS FIRST PASS OF
VENDORS & YEAR 1
FY22 BUDGET &

ACTUALS LOADED
1201
HRM Phase: January 11, 2024
PHASES
 Initiate & Plan Phase
66%
 Assess & Define Phase
1%
TASKS
 Completed Tasks UP 29
Tasks Phases
1202
8 HRM Phase Milestones
January 2, 2024 – January 11, 2024

HRM PLANNING

SESSION COMPLETE

SCHEDULE COMPLETE
1203
9 Integrated Timeline Overview
Phases Q3
2023
Q4
2023
Q1
2024
Q2
2024
Q3
2024
Q4
2024
Q1
2025
Q2
2025
Q3
2025
Q4
2025
Q1
2026
Q2
2026
Phase 1:

Finance
(EERP)
Phase 2: HRM
Phase 3:

Business
Licensing
Phase 4:

EP&L
Permitting &
Licensing
Phase 5: EAM
July 2023 – July 2024
January 2024 – January 2025
September 2024 –
March 2025
September 2024 – September 2025
June 2025 – March 2026
1204
Resource Allocation

FINANCE
Accounting
/GL AP Budgeting
Capital
Assets
Cash
Management
Contract
Management
Vendor
Access
Project & Grant
Accounting Purchasing AR GB
Tyler
Cashiering TOTALS
Implementation
Hours 160 40 40 40 20 20 24 32 64 72 32 40 584
5:1 Ratio 800 200 200 200 100 100 120 160 320 360 160 200 2920 6:1 Ratio 960 240 240 240 120 120 144 192 384 432 192 240 3504 7:1 Ratio 1120 280 280 280 140 140 168 224 448 504 224 280 4088 HRM HR/Talent Mgt Payroll w/ Employee Access Time & Attendance TOTALS Implementation Hours 120 192 112 424
5:1 Ratio 600 960 560 2120
6:1 Ratio 720 1152 672 2544
7:1 Ratio 840 1344 784 2968
1205
11 Project Calendar: February 2024
Checks sent to Bank
for validation
All Forms testing
and confirmed
Vendor Conversion
finalized
Close Year 1 FY22 in

TEST & PROD
HRM Analysis Docs
complete
Work on Developer
Deposit
Configuration &
Testing
1206
12 Next Steps…
Policy Endorsement: Fast-track the review and revision of any municipal policies that the ERP implementation depends on.

Resource Commitment: Ensure the allocation of necessary resources, including human capital and technology, is maintained throughout the project lifecycle to avoid delays.

Champion Change: Actively promote the project within the council and to the public to foster a positive reception and smooth adoption. 1207
Thank You
1208
14 Contact Information
Project Manager Phone Email
Holly Sitton Orognen 530.570.5271 [email protected]
1209

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: January 23, 2024
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: 1961 Carpenter Road Preliminary General Plan Amendment (PA 01-23) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 3.66-acre parcel from Commercial (CO) to Residential High (RH)
Summary
This is a work session on a request by AJ Bharath of Primeliv, LLC (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 3.66-acre site from Commercial (CO) to Residential High (RH) for the purposes of applying for the entitlements to develop a 92-unit multifamily residential project. The project site is located at 1961 Carpenter Road and is zoned C (General Commercial) District. APN 034-030-007. This item is to be an advisory hearing only.

Preliminary General Plan Amendment Process
The process of amending the City of Oakley 2020 General Plan ("General Plan") is subject to California Government Code ("GC") Sections 65350 - 65362, which apply to the preparation, adoption and amending of general plans and general plan elements. GC Section 65351 is written as follows:
"During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate."
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA."
The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the Approved and
Forwarded to the
City Council
1210

STAFF REPORT
CITY HALL 2 | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us applicant to the City Council and Planning Commission. The applicant is provided a chance to present the request, their intentions for the land use change, and to further describe their concept. Requiring a conceptual design helps to prevent requests for land use amendments for the sole purpose of increasing allowable density and in turn, property value.

Background and Project Description

EXISTING GENERAL PLAN AND ZONING DESIGNATION
• The General Plan Land Use Designation for the project site is Commercial ("CO") - The Commercial designation allows for a broad range of commercial uses typically found adjacent to residential neighborhoods, downtowns, and freeways. General types of commercial uses include retail and service facilities, and limited office uses. • The site is zoned C (General Commercial) District.

PROPOSED LAND USE DESIGNATION
• The General Plan Land Use Designation proposed by the applicant is Residential High (RH) – This designation provides for rental residential units and affordable units to maximize urban residential space. This designation allows for a typical apartmentstyle building or a condominium complex.

SITE CONDITIONS AND SURROUNDING LAND USES
The subject property is a corner lot, rectangular in shape, with an approximately 335- foot frontage along Carpenter Road, and an approximately 477-foot side property line parallel to Empire Avenue. The section of public right of way along Empire Avenue, parallel to the 477-foot side of the property, is equipped with curb, gutter, and sidewalk. In contrast, the Carpenter Road side, corresponding to the 335-foot frontage, lacks these features. The north-east corner of the property has an existing single-family home on the site that is accessed by a driveway on Carpenter Road.

The home has been on the property since at least 1916, according to USGS map records. The property also has over 25 trees on it and a few accessory structures, including a detached garage adjacent to the home.

The adjacent properties have a variety of existing uses, reflecting the area's diverse zoning designations. To the east, the properties fall under commercial zoning; these properties include a vacant site and a multipurpose property serving as a residence, event venue, and garage door supplier. Almond Grove Elementary School is also to the east, beyond the commercially zoned properties. South of the subject property is a home situated on commercially zoned land, followed by a commercial shopping center located a few hundred feet further. On the western side, two properties are designated as “agricultural preserve”. The properties directly to the north form part of a residential neighborhood consisting of single-family homes. Another parcel, 3300 1211

STAFF REPORT
CITY HALL 3 | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Neroly Road, approximately 550 feet southwest of the project site, is partly designated Residential High (RH).

CONCEPTUAL PLANS
The applicant has provided conceptual plans demonstrating the type of project they have in mind should they move forward with a formal General Plan Amendment and other development entitlements application. For this site, the applicant envisions multiple three-story, walk-up style apartment buildings, as shown in Figure 1. The applicant’s conceptual design depicts a 92-unit development, which would utilize the State’s Density Bonus Law to achieve a density of 25.1 units per gross acre. 10 units in the conceptual plan would be below market-rate. The conceptual plans include a mix of apartment types, ranging from one to three-bedroom units. The conceptual plans include 136 parking spaces surrounding the apartments, with a mix of uncovered parking, carport-based parking, and garages. In the plans provided, the majority of the development is gated and surrounded by fencing. An entrance and two exits are proposed along Empire Avenue, shown in Figure 2.

Figure 1 – Conceptual Elevation
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STAFF REPORT
CITY HALL 4 | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Figure 2 – Conceptual Site Plan

PLANNING COMMISSION PUBLIC HEARING
On December 5, 2023, a work session on this item was held by the Planning Commission at their regularly scheduled meeting. The role of the Planning Commission was to receive the Staff Report from Staff and public testimony from the applicant, public, and any interested parties, and to provide feedback on the preliminary proposal that would then be passed onto the City Council. During the work session, the Planning Commission generally expressed that they were not fundamentally opposed to the idea of a change in land use designation at this site.

They also expressed that while the basic proposal may be acceptable, the multiple hearings required to entitle a project like the one in the conceptual drawings would 1213

STAFF REPORT
CITY HALL 5 | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us be appropriate. An application for the conceptual project would require at least one public hearing with the Planning Commission, and then at least one subsequent public hearing with the City Council due to the necessary General Plan Amendment and Rezone. This typical process would allow the City Council, Planning Commission, and the public to provide input and ensure the eventual use of the property is compatible with the surrounding area. Two members of the public provided public comment and stated they opposed the project, citing a concern for additional traffic and preserving their scenic views.

Analysis
When evaluating amendments to the General Plan's land use designations, it’s important to conduct a comparative review of the land uses and designations of adjacent properties. The adjacent property to the east, shown in Figure 3 along with the subject property, is currently undeveloped and is also designated Commercial in Oakley’s General Plan. When considering how these two adjacent properties should be designated in the General Plan and subsequently developed, having the corner parcel be designated Residential High while the interior parcel remains Commercial may be the least desirable of available options. A commercial use developed on the eastern property could feel distant from Empire Avenue and out of place with the surrounding land uses. It may be more ideal to have the interior, eastern parcel designated as Residential High, leaving the prominent corner for Commercial development. It could also be considered more ideal for both parcels to be designated together as Residential High or to retain their existing Commercial designation. It is noted that the subject property and neighboring property have different owners.

Figure 3 – Subject Property and Neighboring Property
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STAFF REPORT
CITY HALL 6 | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us There is not an overt concern that changing the designation of the subject property would result in too great a variety of land uses in this area. There is precedent in the City for areas that have been developed with diverse land uses. One example is the area around the Courtyard at Cypress Grove development at East Cypress Road and Rubens Way. This area integrates higher density housing with nearby commercial zones, a school, and single-family residences. The applicant’s proposed multifamily development would also likely align with the objectives set forth in the City’s Housing Element. Moreover, due to recent judicial precedent this development could potentially be approved without being considered inappropriate 'spot zoning’.

Consistency with the Oakley Strategic Plan 27+
Holding an advisory hearing is consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”.

Reviewing applications for compliance with Oakley’s development standards ensures thoughtful growth.

Fiscal Impact
There is no fiscal impact. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.

Staff Recommendation
This is an advisory hearing only. There is no process to approve a project because of this work session. The City Council may act in an advisory role to the applicant on whether there is interest in considering an application for the requested project. If the Council shows favorable interest in the preliminary application, it may advise the applicant to submit, and direct Staff to process, a General Plan Amendment application.

Directing staff to process a General Plan Amendment application would not guarantee Staff support or City Council approval of the project.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. General Plan Land Use Map Excerpt

4. Applicant’s Project Description

5. Applicant’s Conceptual Plans

6. Planning Commission Staff Report from December 5, 2023

7. Draft Planning Commission Minutes from December 5, 2023 1215
Vicinity Map
1961 Carpenter Road Preliminary General Plan Amendment (PA 01-23) APN: 034-030-007
1216
NOTICE OF WORK SESSION Notice is hereby given that on January 23, 2024 at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Work Session at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering the item as described below:

Project Name: 1961 Carpenter Road Preliminary General Plan Amendment (PA 01-23) Project Location: The project site is located at 1961 Carpenter Road, which is in the southwestern area of Oakley. APN 034-030-007.

Applicant: Primeliv, LLC, represented by AJ Bharath, 5424 Alexander Valley Lane, Antioch, CA 94531, [email protected]
Request: This is a work session for a request by AJ Bharath of Primeliv, LLC (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 3.66-acre site from Commercial (CO) to Residential High (RH) for the purposes of applying for the entitlements to develop a 92-unit multifamily residential project. The project site is located at 1961 Carpenter Road and is zoned C (General Commercial) District. APN 034-030- 007.This is an advisory hearing only.

How to Review: The Staff Report and its attachments will be available for public review, on or before January 18, 2024 at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the January 23, 2024 City Council agenda and clicking the project title link. (Note: City Hall is closed on the 1st and 3rd Fridays of each month). Interested persons are invited to submit written comments prior to and may testify at the public hearing. Written comments may be submitted to Evan Gorman, Associate Planner at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 1217
1218
1961 Carpenter Road Apartments
Project Description
September 19, 2023
The applicant is requesting preliminary review of a request for a General Plan Amendment and Rezone to allow for multiple family residential on a 3.66 acre parcel at the corner of Carpenter Road and Empire Avenue. There is single-family residential to the north across Carpenter Road, a vacant site the east, a single-family residence on the neighboring parcel to the south, and an undeveloped site across Empire Avenue to the west. Access to Highway 4 is approximately ¾ of a mile away at Laurel Road and the Empire Shopping Center at the Antioch/Brentwood border is ¾ of a mile to the south. Almond Grove Elementary School and two city parks are within walking distance to the east. 1961 Carpenter Road is designated in the current General Plan as Commercial and is zoned C General Commercial. The project site is primarily undeveloped with a single-family home and garage in the northeast corner along Carpenter Road. There is a slight, uniform downslope from north to south.

The provided, conceptual plans demonstrate the type of project that is hoped to be achieved through a General Plan Amendment to Residential High and a rezone to M-17 Multiple Family Residential. The Residential High General Plan land use seeks to provide affordable and rental residential units within typical apartment-style buildings at a density between 9.6 and 16.7 dwelling units per acre. This application depicts a project that utilizes state density bonus law to increase the allowable density by +50% through the provision of 10 very low-income units. As shown, the project includes a total of 92 apartment units at a density of 25.1 dwelling units per gross acre.

Within the site, three-story, walk-up apartment buildings would be arrayed along the east property line and within a looping circulation driveway. Entry to the complex is proposed via an existing curb cut at Empire Avenue. A vehicle entering the site would curve to the right where there will be gated access and a call box for visitors. Six parking stalls are provided outside the gate adjacent to the leasing office and resident amenity space at the ground level of Building One for prospective tenants and guests. In addition to a leasing office and mail room, this space may include resident amenities such as a fitness center and community room.

The architecture is proposed as a transitional style with cast stone piers at the stairs and ground level patios, cement plaster siding painted in warm earth tones, and pitched concrete tile roofs. Resident parking is accessed through gates on either side of the clubhouse facility and arranged along a loop road through the site. There will be one covered carport or private garage stall for each unit in addition to uncovered parking.

The landscape will be designed to provide year-round color, texture, and interest. Plantings will provide evergreen shrubs and trees for screening, flowering plants along the buildings, and trees for shading at the pavement areas.

The proposed transition from underdeveloped, nearly vacant lot to multi-family development will enrich and engage with the surrounding community and provide much needed high-quality housing.

We thank you for your consideration of this proposal and look forward to working with the City of Oakley to reshape this property into a vibrant part of the community. 1219
LAUREL ROAD FREEDOM HIGH SCHOOL 1/4 MILE RADIUS 1/2 MILE RADIUS HIGHWAY ACCESS 1961 CARPENTER ROAD DIAMOND HILLS SPORTS CLUB HIGHWAY 4 ALMOND GROVE ELEMENTARY SCHOOL CARPENTER ROAD MAGNOLIA PARK NOVARINA PARK NEROLY ROAD LONE TREE WAY EMPIRE SHOPPING CENTER

EMPIRE AVENUE NEROLY ROAD

BROWN ROAD
EMPIRE AVENUE PARK RIDGE G0 COVER SHEET AND CONTEXT PLAN NORTH CONTEXT PLAN LCA ARCHITECTS RESTRICTED ARCHITECTURAL DRAWINGS THE INFORMATION, PLANS, DESIGNS, NOTES AND ARRANGEMENTS SHOWN ON THIS DRAWING ARE CONFIDENTIAL AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESSED WRITTEN PERMISSION OF LCA ARCHITECTS. DRAWINGS NOTED AS PRELIMINARY, SCHEMATIC AND / OR CONCEPT CONTAIN INFORMATION THAT IS CONCEPTUAL AND SUBJECT TO VERIFICATION AND/OR CHANGE. THE ARCHITECT MAKES NO CLAIM FOR ACCURACY OF CONCEPTUAL INFORMATION OR OF INFORMATION SUPPLIED BY OTHERS. DATE: SCALE: REVISIONS: PROJECT NO. SHEET OF 09 / 19 / 202323091 WWW . LCA - ARCHITECTS . COM CARL E. CAMPOS DAVID BOGSTAD 590 YGNACIO VALLEY ROAD, SUITE 310 WALNUT CREEK, CALIFORNIA 94596 (925) 944-1626 1970 BROADWAY, SUITE 800 OAKLAND, CALIFORNIA 94612 (510) 272-1060 1961 CARPENTER ROAD

PRELIMINARY APPLICATION

GENERAL PLAN AMENDMENT AND REZONE

OAKLEY, CALIFORNIA BRENTWOOD OAKLEY ANTIOCH OAKLEY

ANTIOCH
BRENTWOOD 1961 CARPENTER ROAD SHEET INDEX PRELIMINARY APPLICATION FOR GENERAL PLAN AMENDMENT AND REZONE ARCHITECTURAL OWNER PROJECT DIRECTORY APPLICANT 1220
10'-1" 10'-4"
5' 10'-1" 24'
24'
15' 64'-10"
9' TYP.
87'-11" 83'-6" 24' 19' TYP. LCA ARCHITECTS RESTRICTED ARCHITECTURAL DRAWINGS THE INFORMATION, PLANS, DESIGNS, NOTES AND ARRANGEMENTS SHOWN ON THIS DRAWING ARE CONFIDENTIAL AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESSED WRITTEN PERMISSION OF LCA ARCHITECTS. DRAWINGS NOTED AS PRELIMINARY, SCHEMATIC AND / OR CONCEPT CONTAIN INFORMATION THAT IS CONCEPTUAL AND SUBJECT TO VERIFICATION AND/OR CHANGE. THE ARCHITECT MAKES NO CLAIM FOR ACCURACY OF CONCEPTUAL INFORMATION OR OF INFORMATION SUPPLIED BY OTHERS. DATE: SCALE: REVISIONS: PROJECT NO. SHEET OF 09 / 19 / 202323091 WWW . LCA - ARCHITECTS . COM CARL E. CAMPOS DAVID BOGSTAD 590 YGNACIO VALLEY ROAD, SUITE 310 WALNUT CREEK, CALIFORNIA 94596 (925) 944-1626 1970 BROADWAY, SUITE 800 OAKLAND, CALIFORNIA 94612 (510) 272-1060 1961 CARPENTER ROAD

PRELIMINARY APPLICATION

GENERAL PLAN AMENDMENT AND REZONE
OAKLEY, CALIFORNIA NORTH A1 CONCEPTUAL SITE PLAN SITE PLAN CONCEPTUAL BUILDING THREE 3-STORY BUILDING FOUR 3-STORY 2BR 2BR 2BR 2BR 1BR 1BR 2BR 2BR 2BR 2BR 1BR 1BR 1BR 1BR 2BR 2BR CARPENTER ROAD EMPIRE AVENUE CONCEPTUAL PROJECT DATA ASSESSOR'S PARCEL NUMBER: 034-030-007 ADDRESS: 1961 CARPENTER ROAD GENERAL PLAN (EXISTING): COMMERCIAL GENERAL PLAN (PROPOSED): RESIDENTIAL HIGH ZONING (EXISTING): C GENERAL COMMERCIAL ZONING (PROPOSED): M-17 MULTIPLE FAMILY RESIDENTIAL GROSS LOT AREA: 3.66 ACRES± PROPOSED BASE DENSITY: 16.7 UNITS PER GROSS ACRE 61.12 UNITS CONCEPTUAL AFFORDABLE UNITS: 10 VERY LOW INCOME UNITS (16.36% OF BASE DENSITY) CONCEPTUAL DENSITY BONUS: +50% (+30.56 UNITS) MAXIMUM UNITS WITH BONUS: 92 UNITS UNIT COUNT ONE BEDROOM UNITS: 40 UNITS (43.5%) TWO BEDROOM UNITS: 46 UNITS (50.0%) THREE BEDROOM UNITS: 6 UNITS (6.5% TOTAL UNITS PROPOSED: 92 UNITS PROPOSED DENSITY: 25.1 DU/AC GROSS LOT AREA REQUIRED PARKING (CITY STANDARD FOR REFERENCE) ONE BEDROOM UNITS (1.5 PER UNIT): 60 SPACES TWO+ BEDROOM UNITS (2 PER UNIT): 92 SPACES GUEST (1 / 4 PER UNIT): 23 SPACES TOTAL REQUIRED (CITY STANDARD): 175 SPACES REQUIRED PARKING (DENSITY BONUS STANDARD) ONE BEDROOM UNITS (1 PER UNIT): 40 SPACES 2 & 3 BEDROOM UNITS (1.5 PER UNIT): 78 SPACES TOTAL PARKING REQUIRED: 118 SPACES PROVIDED PARKING CARPORT COVERED PARKING: 62 SPACES GARAGE COVERED PARKING: 30 SPACES UNCOVERED PARKING: 44 SPACES TOTAL PARKING PROVIDED: 136 SPACES 1.48 PER UNIT TYPICAL CARPORT ENTRY VEHICLE GATE LEASING CLUBHOUSE AMENTIES AT GROUND LEVEL MONUMENT SIGN BUILDING ONE 3-STORY 1BR 1BR 1BR 1BR 2BR 2BR 2BR 3BR 2BR 3BR BUILDING TWO 3-STORY 1BR 1BR EXIT ONLY VEHICLE GATE EXIT ONLY VEHICLE GATE AND EMERGENCY ACCESS TYPICAL SOLID WASTE ENCLOSURE 1221
2'-4" 166'-3"
8'-0" 53'-5" 8'-0" 2'-4" A2 CONCEPTUAL BUILDING PLANS BUILDING TYPE 'B' SCALE: 1" = 10' BUILDING TYPE 'B' 24 UNITS CONCEPTUAL BUILDING PLANS ROOF PLAN TYPICAL FLOOR PLAN 33 33
11 22 LCA ARCHITECTS RESTRICTED ARCHITECTURAL DRAWINGS THE INFORMATION, PLANS, DESIGNS, NOTES AND ARRANGEMENTS SHOWN ON THIS DRAWING ARE CONFIDENTIAL AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESSED WRITTEN PERMISSION OF LCA ARCHITECTS. DRAWINGS NOTED AS PRELIMINARY, SCHEMATIC AND / OR CONCEPT CONTAIN INFORMATION THAT IS CONCEPTUAL AND SUBJECT TO VERIFICATION AND/OR CHANGE. THE ARCHITECT MAKES NO CLAIM FOR ACCURACY OF CONCEPTUAL INFORMATION OR OF INFORMATION SUPPLIED BY OTHERS. DATE: SCALE: REVISIONS: PROJECT NO. SHEET OF 09 / 19 / 202323091 WWW . LCA - ARCHITECTS . COM CARL E. CAMPOS DAVID BOGSTAD 590 YGNACIO VALLEY ROAD, SUITE 310 WALNUT CREEK, CALIFORNIA 94596 (925) 944-1626 1970 BROADWAY, SUITE 800 OAKLAND, CALIFORNIA 94612 (510) 272-1060 1961 CARPENTER ROAD

PRELIMINARY APPLICATION

GENERAL PLAN AMENDMENT AND REZONE

OAKLEY, CALIFORNIA
1222
A3 TYPICAL EXTERIOR ELEVATION 24 UNIT BUILDING 'B' CONCEPTUAL COLORS AND MATERIAL PALETTE 1. BASE COLOR BENJAMIN MOORE SOHO LOFT CSP-10 2. BODY COLOR #1 BENJAMIN MOORE KITTEN WHISKERS 1003 3. BODY COLOR #2 BENJAMIN MOORE TURRET CC-604 7. BORAL ROOFING SAXONY 600 SLATE CHARCOAL BLEND CONCRETE TILE 5. TRIM COLOR #2 BENJAMIN MOORE BAVARIAN CREAM 2146-70 6. ACCENT COLOR BENJAMIN MOORE RUBY DUSK 1267 8. CULTURED STONE OLD COUNTRY FIELDSTONE ECHO RIDGE 4. TRIM COLOR #1 BENJAMIN MOORE WINDY CITY CSP-150 LCA ARCHITECTS RESTRICTED ARCHITECTURAL DRAWINGS THE INFORMATION, PLANS, DESIGNS, NOTES AND ARRANGEMENTS SHOWN ON THIS DRAWING ARE CONFIDENTIAL AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESSED WRITTEN PERMISSION OF LCA ARCHITECTS. DRAWINGS NOTED AS PRELIMINARY, SCHEMATIC AND / OR CONCEPT CONTAIN INFORMATION THAT IS CONCEPTUAL AND SUBJECT TO VERIFICATION AND/OR CHANGE. THE ARCHITECT MAKES NO CLAIM FOR ACCURACY OF CONCEPTUAL INFORMATION OR OF INFORMATION SUPPLIED BY OTHERS. DATE: SCALE: REVISIONS: PROJECT NO. SHEET OF 09 / 19 / 202323091 WWW . LCA - ARCHITECTS . COM CARL E. CAMPOS DAVID BOGSTAD 590 YGNACIO VALLEY ROAD, SUITE 310 WALNUT CREEK, CALIFORNIA 94596 (925) 944-1626 1970 BROADWAY, SUITE 800 OAKLAND, CALIFORNIA 94612 (510) 272-1060 1961 CARPENTER ROAD

PRELIMINARY APPLICATION

GENERAL PLAN AMENDMENT AND REZONE
OAKLEY, CALIFORNIA 24-UNIT BUILDING 'B' FRONT ELEVATION (BUILDING FOUR) 24-UNIT BUILDING 'B' REAR ELEVATION (BUILDING FOUR) 24-UNIT BUILDING 'B' TYPICAL SIDE ELEVATION (BUILDING FOUR) 1223
W.I.C. BEDROOM 11'-4" X 13'-2" (CARPET) BATHROOM (LVT) LIVING 14'-0" X 13'-6" (LVT) DECK/ PATIO DW REF P WH STORAGE W D ENTRY KITCHEN (LVT) DINING (LVT) COATS LIN SINK 3'-0" DR 3'-0" DR 3'-0" DR 3'-0" DR
3'-0" DR
3'-0" DR
2'-4" DR UNIT AREA = 763 SF DECK (PRIVATE OPEN SPACE) = 116 SF UNIT 1 1 BR / 1 BATH PRIVATE STORAGE = 225 CUBIC FEET± REF W D W.I.C. STORAGE DW SINK DECK/ PATIO (HIS)

CLOSET (HERS)
CLOSET

WH LIN P
CLOSET LIN COATS STOR. PRIMARY BEDROOM 12'-1" X 13'-5" (CARPET) BEDROOM 2 10'-9" X 10'-6" (CARPET) MASTER BATH (LVT) LIVING 12'-8" X 13'-5" (LVT) KITCHEN / DINING (LVT) BATH 2 (LVT) ENTRY (LVT) 3'-0" DR
3'-0" DR 2'-0" DR
3'-0" DR
3'-0" DR
3'-0" DR 3'-0" DR 3'-0" DR 3'-0" DR 3'-0" DR 3'-4" POCKET DR PAIR 2'-4" DRS UNIT AREA = 1,096 SF DECK (PRIVATE OPEN SPACE) = 117 SF UNIT 2 2 BR / 2 BATH PRIVATE STORAGE = 225 CUBIC FEET± SCALE: 1/4" = 1'-0" CONCEPTUAL UNIT PLANS A4.1 CONCEPTUAL UNIT PLANS LCA ARCHITECTS RESTRICTED ARCHITECTURAL DRAWINGS THE INFORMATION, PLANS, DESIGNS, NOTES AND ARRANGEMENTS SHOWN ON THIS DRAWING ARE CONFIDENTIAL AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESSED WRITTEN PERMISSION OF LCA ARCHITECTS. DRAWINGS NOTED AS PRELIMINARY, SCHEMATIC AND / OR CONCEPT CONTAIN INFORMATION THAT IS CONCEPTUAL AND SUBJECT TO VERIFICATION AND/OR CHANGE. THE ARCHITECT MAKES NO CLAIM FOR ACCURACY OF CONCEPTUAL INFORMATION OR OF INFORMATION SUPPLIED BY OTHERS. DATE: SCALE: REVISIONS: PROJECT NO. SHEET OF 09 / 19 / 202323091 WWW . LCA - ARCHITECTS . COM CARL E. CAMPOS DAVID BOGSTAD 590 YGNACIO VALLEY ROAD, SUITE 310 WALNUT CREEK, CALIFORNIA 94596 (925) 944-1626 1970 BROADWAY, SUITE 800 OAKLAND, CALIFORNIA 94612 (510) 272-1060 1961 CARPENTER ROAD

PRELIMINARY APPLICATION

GENERAL PLAN AMENDMENT AND REZONE

OAKLEY, CALIFORNIA
1224
REF PRIMARY BEDROOM 12'-1" X 14'-5" (CARPET) W D BEDROOM 2 10'-11" X 10'-1" (CARPET) W.I.C. MASTER BATH (LVT) STORAGE DW SINK LIVING 12'-8" X 14'-5" (LVT) DECK/ PATIO KITCHEN / DINING (LVT) (HIS)

CLOSET (HERS)

CLOSET COATS
WH P
CLOSET LIN BATH 2 (LVT) ENTRY (LVT) 3'-0" DR LIN
3'-0" DR2'-4" DR
3'-0" DR
3'-0" DR
3'-0" DR 3'-0" DR 3'-0" DR 3'-0" DR 3'-0" DR 3'-4" POCKET DR ENTRY KITCHEN LIVING PATIO PRIMARY BEDROOM BEDROOM 2 BATH 2 W.I.C. MASTER BATH WH STORAGE DINING REF SINK W.I.C. CLO. BEDROOM 3 DW LCOATS PANTRY WD LIN. 10'-2" X 10'-2" 10'-6" X 12'-10" 11'-0" X 11'-8" UNIT AREA = 1,046 SF DECK (PRIVATE OPEN SPACE) = 117 SF UNIT 3 2 BR / 2 BATH SIMILAR TO UNIT 2 WITH ALTERNATIVE ENTRY LAYOUT SCALE: 1/4" = 1'-0" CONCEPTUAL UNIT PLANS A4.2 CONCEPTUAL UNIT PLANS PRIVATE STORAGE = 225 CUBIC FEET± LCA ARCHITECTS RESTRICTED ARCHITECTURAL DRAWINGS THE INFORMATION, PLANS, DESIGNS, NOTES AND ARRANGEMENTS SHOWN ON THIS DRAWING ARE CONFIDENTIAL AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESSED WRITTEN PERMISSION OF LCA ARCHITECTS. DRAWINGS NOTED AS PRELIMINARY, SCHEMATIC AND / OR CONCEPT CONTAIN INFORMATION THAT IS CONCEPTUAL AND SUBJECT TO VERIFICATION AND/OR CHANGE. THE ARCHITECT MAKES NO CLAIM FOR ACCURACY OF CONCEPTUAL INFORMATION OR OF INFORMATION SUPPLIED BY OTHERS. DATE: SCALE: REVISIONS: PROJECT NO. SHEET OF 09 / 19 / 202323091 WWW . LCA - ARCHITECTS . COM CARL E. CAMPOS DAVID BOGSTAD 590 YGNACIO VALLEY ROAD, SUITE 310 WALNUT CREEK, CALIFORNIA 94596 (925) 944-1626 1970 BROADWAY, SUITE 800 OAKLAND, CALIFORNIA 94612 (510) 272-1060 1961 CARPENTER ROAD

PRELIMINARY APPLICATION

GENERAL PLAN AMENDMENT AND REZONE
OAKLEY, CALIFORNIA UNIT AREA = 1,376 SF DECK (PRIVATE OPEN SPACE) = 158 SF UNIT 4 3 BR / 2 BATH PRIVATE STORAGE = 203 CUBIC FEET± 1225

STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: December 5, 2023
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: 1961 Carpenter Road Preliminary General Plan Amendment (PA 01-23) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 3.66-acre parcel from Commercial (CO) to Residential High (RH)
Summary
This is a work session on a request by AJ Bharath of Primeliv, LLC (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 3.66-acre site from Commercial (CO) to Residential High (RH) for the purposes of applying for the entitlements to develop a 92-unit multifamily residential project. The project site is located at 1961 Carpenter Road and is zoned C (General Commercial) District. APN 034-030-007. This item is to be an advisory hearing only.

Preliminary General Plan Amendment Process
The process of amending the City of Oakley 2020 General Plan ("General Plan") is subject to California Government Code ("GC") Sections 65350 - 65362, which apply to the preparation, adoption and amending of general plans and general plan elements. GC Section 65351 is written as follows:
"During the preparation or amendment of the general plan, the [City] shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the planning agency deems appropriate."
The application process for a General Plan Land Use Amendment can come with significant costs when factoring in Staff time involved in preparing documents, conducting analysis, holding non-public and public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA."
The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the project as submitted by the Approved and
Forwarded to the
Planning Commission
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US applicant to the Planning Commission and City Council. The applicant is provided a chance to present the request, further describe the concept, and provide insight behind the request. Requiring a conceptual design, helps to prevent requests for land use amendments for the sole purpose of increasing allowable density and in turn, property value.

Background and Project Description

EXISTING GENERAL PLAN AND ZONING DESIGNATION
• The General Plan Land Use Designation for the project site is Commercial ("CO") - The Commercial designation allows for a broad range of commercial uses typically found adjacent to residential neighborhoods, downtowns, and freeways. General types of commercial uses include retail and service facilities, and limited office uses. • The site is zoned C (General Commercial) District.

PROPOSED LAND USE DESIGNATION
• The General Plan Land Use Designation proposed by the applicant is Residential High (RH) – This designation provides for rental residential units and affordable units, to maximize urban residential space. This designation allows for a typical apartment-style building or a condominium complex.

SITE CONDITIONS AND SURROUNDING LAND USES
The subject property is a corner lot, rectangular in shape, with an approximately 335- foot frontage along Carpenter Road, and an approximately 477-foot side property line parallel to Empire Avenue. The section of public right of way along Empire Avenue, parallel to the 477-foot side of the property, is equipped with curb, gutter, and sidewalk. In contrast, the Carpenter Road side, corresponding to the 335-foot frontage, lacks these features. The north-east corner of the property has an existing single-family home on the site that is accessed by a driveway on Carpenter Road.

The home has been on the property since at least 1916, according to USGS map records. The property also has over 25 trees on it and a few accessory structures, including a detached garage adjacent to the home.

The adjacent properties have a variety of existing uses, reflecting the area's diverse zoning designations. To the east, the properties fall under commercial zoning; these properties include a vacant site and a multipurpose property serving as a residence, event venue, and garage door supplier. Almond Grove Elementary School is also to the east, beyond the commercially zoned properties. South of the subject property is a home situated on commercially zoned land, followed by a commercial shopping center located a few hundred feet further. On the western side, two properties are designated as “agricultural preserve”. The properties directly to the north form part of a residential neighborhood consisting of single-family homes. Another parcel, 3300 1227

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Neroly Road, approximately 550 feet southwest of the project site, is partly designated Residential High (RH).

CONCEPTUAL PLANS
The applicant has provided conceptual plans demonstrating the type of project they have in mind should they move forward with a formal General Plan Amendment and other development entitlements application. For this site, the applicant envisions multiple three-story, walk-up style apartment buildings, as shown in Figure 1. The applicant’s conceptual design depicts a 92-unit development, which would utilize the State’s Density Bonus legislation to achieve a density of 25.1 units per gross acre. 10 units in the conceptual plan would be below market-rate. The conceptual plans include a mix of apartment types, ranging from one to three-bedroom units. The conceptual plans include 136 parking spaces surrounding the apartments, with a mix of uncovered parking, carport-based parking, and garages. In the plans provided, the majority of the development is gated and surrounded by fencing. An entrance and two exits are proposed along Empire Avenue, shown in Figure 2.

Figure 1 – Conceptual Elevation
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Figure 2 – Conceptual Site Plan
Analysis
When evaluating amendments to the General Plan's land use designations, it’s important to conduct a comparative review of the land uses and designations of adjacent properties. The adjacent property to the east, shown in Figure 3 along with the subject property, is currently undeveloped and is also designated Commercial in Oakley’s General Plan. When considering how these two adjacent properties should be designated in the General Plan and subsequently developed, having the corner parcel be designated Residential High while the interior parcel remains Commercial may be the least desirable of available options. A commercial use developed on the eastern property could feel distant from Empire Avenue and out of place with the 1229

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US surrounding land uses. It may be more ideal to have the interior, eastern parcel designated as Residential High, leaving the prominent corner for Commercial development. It could also be considered more ideal for both parcels to be designated together as Residential High or to retain their existing Commercial designation.

Figure 3 – Subject Property and Neighboring Property
There is not an overt concern that changing the designation of the subject property would result in too great a variety of land uses in this area. There is precedent in the City for areas that have been developed with diverse land uses. One example is the area around the Courtyard at Cypress Grove development at East Cypress Road and Rubens Way. This area integrates higher density housing with nearby commercial zones, a school, and single-family residences. The applicant’s proposed multifamily development would also likely align with the objectives set forth in the City’s Housing Element. Moreover, due to recent judicial precedent this development could potentially be approved without being considered inappropriate 'spot zoning’.

Consistency with the Oakley Strategic Plan 27+
Holding an advisory hearing is consistent with the goals in the section of the Oakley Strategic Plan 27+ entitled, “Community and Economic Development Goal”.

Reviewing applications for compliance with Oakley’s development standards ensures thoughtful growth.
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
There is no fiscal impact. This is a developer funded account. All Staff time and City of Oakley generated materials are charged to the account.

Staff Recommendation
This is an advisory hearing only. There is no process to approve a project because of this work session. The Planning Commission may act in an advisory role to the City Council. Staff will include the Planning Commission’s consensus direction and minutes from this meeting to the City Council at a future work session.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. General Plan Land Use Map Excerpt

4. Applicant’s Project Description

5. Applicant’s Conceptual Plans
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Minutes of the Regular Meeting of the Oakley Planning Commission held December 5, 2023
1) OPENING MATTERS

1.1 Call to Order and Roll Call of the Oakley Planning Commission Chair Oleksii Chuiko called the meeting to order at 6:30pm in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Chair Diego Verduzco and Commissioners Leonard Price, Jimmy Ramirez and Jeanne Krieg were also present.

1.2 Pledge of Allegiance to the Flag
Commissioner Krieg led the Pledge of Allegiance to the Flag. 2) PUBLIC COMMENTS
Chair Chuiko mentioned one online comment was received from Mr. Willis and he would like to speak, however Mr. Willis was not in attendance. 3) CONSENT CALENDAR

3.1 Approve Minutes from the Planning Commission Meeting held November 7, 2023 (Kim Snodgrass, Deputy City Clerk)
It was moved by Commissioner Krieg and seconded by Commissioner Ramirez to approve the minutes. Motion was unanimous and so ordered. (5-0)

3.2 Approve 2024 Meeting Dates (Kim Snodgrass, Deputy City Clerk) It was moved by Vice Chair Verduzco and seconded by Commissioner Price to approve the 2024 meeting dates. Motion was unanimous and so ordered. (5-0) DRAFT
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4) PUBLIC HEARINGS

4.1 TownePlace Suites (VA 03-22, DR 10-22) (Ken Strelo, Planning Manager and Kevin Valente, Contract Planner, Raney Planning & Management, Inc.) This item was heard after item 7.1.

Planning Manager Ken Strelo introduced Kevin Valente with Raney Planning and Management and mentioned that the City has a contract with Raney Planning and Management to assist with on-call planning services where they can act as project managers and Mr. Valente will be providing a presentation, he also mentioned that Mr. Rod Stinson from Raney is also present and is the CEQA expert if there are any questions.

Kevin Valente, Senior Planner for Raney Planning and Management presented an overview of the proposed project located near Highway 160 near the intersection of Main Street and Bridgehead Road.

Chair Chuiko asked the applicant if he would like to make a few comments.

Priyang Patel with Core Hotels, LLC, mentioned that they have been looking over the past 8 years to bring another hotel to town, he mentioned this would be a Marriott Extended Stay product and they are looking forward to bringing it into town.

Commissioner Ramirez thanked the applicant for being here and mentioned that Big Break is close to the site and asked if there has been any consideration to incorporating native plants into the landscaping plan.

Nizam Ahmed with RYS Architects, Inc., responded that they take great consideration in providing native plants that are drought tolerant.

Commissioner Ramirez asked if he could provide a percent breakdown or what the guiding principle is when building hotels.

Mr. Ahmed responded that about 30% of the site is landscaping.

Commissioner Ramirez asked if they would be open to going above that 30%.

Mr. Strelo mentioned that the City has adopted the state’s water efficient landscape ordinance and part of those requirements are that California native plants with drought tolerant capability are used throughout the landscaping, he also mentioned if the Commission would like specific types of native species, the Commission can make that recommendation and we can work with the applicant to integrate that into the landscape plan.

Commissioner Ramirez thanked Mr. Strelo for that information and mentioned that they can talk offline about the plants, and mentioned he would appreciate if it was above 30%.

Chair Chuiko mentioned he has no comment cards, and asked if someone would like to entertain a motion.

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It was moved by Commission Price and seconded by Commissioner Krieg to approve item 4.1.

Motion was unanimous and so ordered. (5-0)
5) REGULAR CALENDAR
None
6) REPORTS

6.1 Reports from Staff Members
(a) Contra Costa County Office of Emergency Services (OES) Hazard Mitigation Planning Meetings
Mr. Strelo mentioned that he’s passing on a public meeting announcement for three public meetings for Hazard Mitigation Planning, one of which is being held in Oakley on December 6th in the Council Chambers and staff will be present at that meeting to assist the public, he mentioned they will also be attending a meeting the following day to discuss with County Staff.

He mentioned he has flyers if anyone is interested.

6.2 OAKLEY PLANNING COMMISSION
(a) Reports from Commission Members
Commissioner Price reported that the Transplan meeting was cancelled so he has no report.

Commissioner Krieg mentioned that she has a friend that lives in Southern California that was recently appointed to the Planning Commission for their City, and they were comparing notes, she mentioned Oakley staff is doing great.

Commissioner Ramirez thanked whoever is responsible for making it look like a winter wonderland outside City Hall.
(b) Requests for Future Agendas
Commissioner Ramirez would like to have an update on Economic Development.

Mr. Strelo mentioned he would find a time to have Economic Development give an update. 7) WORK SESSIONS

7.1 1961 Carpenter Road Preliminary General Plan Amendment (PA 01-23) - Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 3.66-acre site from Commercial (C) to Residential High (RH) (Evan Gorman, Associate Planner)
item 7.1 was heard before item 4.1.

Associate Planner Evan Gorman presented the staff report and provided an overview of the project and location of the property, he also explained that Work Sessions are held anytime there is a proposed General Plan Amendment, the applicant receives feedback from the DRAFT
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Planning Commission, City Council and the public before heavy investment is put into the full application and associated required documents.

The applicant, Benjamin Johansen gave an overview of the context plan showing where this location is relative to the cities of Oakley, Brentwood, and Antioch, he mentioned he believes this is a strategic location for multi family with a large shopping center to the South and the proximity to schools. He mentioned that this area of Oakley is considered the Higher Resource Area, and this project would introduce new types of housing that would provide for residents of all income levels to live in this area.

Commissioner Krieg asked where the other piece of property is that is zoned high density.

Mr. Johansen pointed out on the map where the location of this other piece of high density property is located.

Mr. Johansen mentioned that this project is an opportunity to reintroduce residential density into this area, he also mentioned that there hasn’t been much commercial development within this commercial land use, and this could be an opportunity to introduce projects that will utilize this land and add value to the city. He also mentioned that the site is laid out with four 3-story buildings with a mixture of 1, 2 and 3 bedroom units.

Chair Chuiko mentioned he has not received any comment cards and asked if anyone in the audience had any comments, there was no response from the audience. Chair Chuiko opened it up for discussion with the Commissioners.

Commissioner Krieg mentioned that it looks like the only way into and out of the facility for Southbound traffic because of the divider is to make a U-turn at Neroly, she asked if there was any thought given to having one exit on Carpenter and one on Empire.

Mr. Johansen responded, that is something they could study.

Chair Chuiko commented that perhaps there could be a study, or a revision made so an exit can exist on Carpenter Rd.

Commissioner Krieg mentioned there is a traffic signal at Carpenter and Empire, if there was an exit on Carpenter, they could make that left on Empire to get to Lone Tree.

Commissioner Price commented, it might be possible to break the median and add a left turn lane so those heading South could turn into the complex.

Chair Chuiko asked if Staff had any comment.

Mr. Gorman responded that he was checking with the audience to see if they had public comment and they do, he suggested that when they get to a stopping point, they could open public comment again.

Chair Chuiko asked if Staff had any comment on the discussion of both exits being on Empire Avenue versus one being on Carpenter Road making it easier for people traveling towards Lone Tree Way.

DRAFT
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Mr. Strelo addressed the Commission and mentioned that what is here is what the potential applicant has put together to give everyone a concept of what could be developed here, what we’re hoping to get is discussion and comments on the base land use and a decision on if this is an appropriate site for this project or a different project for this type of land use, if there is ever an application filed for an official General Plan amendment, that would come with all the required reports and studies.

Mr. Chuiko mentioned we could go back to Public Comments now, but he does not have any comment cards, and suggested they complete a comment card in the lobby and while they are completing the cards, he would continue on and asked if Commissioners had any comments or questions.

Commissioner Ramirez thanked Mr. Johansen for being here and mentioned that as a resident he drives on these streets all the time and it does get dense in that area on Empire Avenue and would like to know how his firm is approaching complete and safe streets.

Mr. Johansen responded that as Mr. Strelo mentioned when an application is presented, we would have that analysis completed and honor the policies that are laid out by Oakley in the General Plan related to complete streets, he mentioned that he doesn’t have a direct answer at this time but will consider it going forward.

Commissioner Krieg asked if the neighboring property is zoned commercial and asked if it makes sense to have houses on the corner.

Chair Chuiko mentioned there are 4 different options to discuss, do we keep those two properties as they are now, do they amend one of them to be residential high as is proposed here, do we amend and change the neighboring property and keep this one commercial or do we change both properties to residential.

Vice Chair Verduzco mentioned he likes the idea of changing this to High residential and leaving the property on the East side as commercial to create a buffer between the event center and the homes.

Commissioner Krieg mentioned she didn’t recognize the event center from the angle on the map.

Chair Chuiko mentioned we will move to Public Comments.

Kim Madrigal commented that there is already a lot of traffic on that road especially during school hours, she also commented that she likes to look out and see Mt. Diablo and doesn’t want to look at an apartment building, a 3 story apartment would be looking into her backyard, her main concern is traffic and congestion.

Dinesh Khurana commented that traffic is a concern for him as Empire Avenue is already congested, he mentioned he’s concerned about how additional students will impact the schools.

He also mentioned that when he purchased his home, he was expecting some kind of commercial use and he’s also concerned about his view of Mt. Diablo.

Chair Chuiko mentioned we will go back to the Work Session and asked if any Commissioners have any comments or questions or can we entertain a potential accommodation for both Staff and City Council.

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Mr. Gorman mentioned that we don’t need an official recommendation tonight, just any feedback and if there is a consensus we can pass on to Council.

Chair Chuiko asked Commissioners if they have any feedback.

Commissioner Krieg mentioned that she shares the concern about the increased density and the number of bodies that will be traveling through this area but doesn’t believe it would be any different if it was developed as a commercial property, a commercial property can be just as tall as a 3-story building, she also mentioned that the view is going to change regardless of what is built there so moving forward we have to decide what is the best use of this property and looking at the map as a whole, there is a lot of commercial property that isn’t being developed and not a lot of high density property and we’ve got people who need that kind of housing.

Chair Chuiko mentioned that regardless of commercial or residential this area is going to be developed and unfortunately along with that comes more traffic and congestion, we live in a very desirable area and a lot of people are moving here. He also mentioned that regardless of the discussion today, this is not a final say, there is a long study that will be done.

Mr. Strelo mentioned what we are looking for is if the Planning Commission feels that this is an application worth looking at further, as Evan stated, a General Plan Amendment comes with a CEQA analysis and a costly upfront application and it can take several months only to get to the decision makers and have them have zero interest in seeing that property change hand so this is the ability to have the public come out and have the Planning Commission give the potential application something to go on, he mentioned we still need to bring this back to the City Council and if at the end of that the applicant submits an application, we will have Public Hearings with both the Planning Commission and the City Council and if this were to become an official application, there will be at least 3 more hearings in front of the Commission and Council.

Commissioner Ramirez mentioned he is much more in line with homes than larger commercial development.

Chair Chuiko thanked the public for being there and mentioned we’d like to hear more from people in the area. He mentioned we will now hear item 4.1. 8) ADJOURN
Chair Chuiko thanked staff and members of the public for a great year and wished everyone a great holiday.

There being no further business, the meeting was adjourned at 7:31p.m.

Respectively Submitted,
Kim Snodgrass
Deputy City Clerk
DRAFT
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STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: January 23, 2024
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
Troy Faulk, Recreation Manager
SUBJECT: General Overview of the Recreation Fee Schedule Background and Analysis
After a recent review of fees related to the Recreation Division, it was noted that the fee schedule in place did not properly represent the fees being charged. The intent of the fees charged for the rental of the recreation center was meant to be a per hour fee and was inadvertently noted on the fee schedule as per day. It was also noted that other fees such as the administrative fee for contract programs or classes and the after-school program were missing from the adopted fee schedule.

Staff have taken this as an opportunity to review all fees Recreation related and evaluate our current costs, compare our rates to surrounding cities as well as recommend the addition of fees that we are currently charging, but missing from the Master Fee Schedule.

Items of discussion at this evening’s work session will include the following:

1. Oakley Recreation Center Rental Fees-evaluate remaining competitive in the rental market while ensuring we continue to cover the costs associated with these rentals including personnel and maintenance of the facility. Current fees can be found on the attached fee schedule.
a. Keep fees the same but update from per day to per hour. b. Consider a small increase for all group fees.
c. Consider a small increase of only some of the group fees.

2. After School Program Fees-Oakley has consistently offered an afterschool program, primarily for middle school aged students. In 2021 this program moved from being held on-site at schools to our recreation center. The program was paused this school year while staff evaluated how to better market the program as well as looking at the cost to cover the program while keeping affordability to the community at the forefront. Enrollment is typically minimal, and attendance has been Approved and
Forwarded to the
City Council
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US limited to only a few students. Staff believes this to be a benefit to the community and is looking for ways to enhance the program. The fee for this program has been charged by session, which usually runs with the school calendar, and equates to $4.00 per day per student. On average the cost to run the program significantly exceeds that of what we charge as a fee.
a. Keep fees the same but change to a monthly fee for consistency. b. Increase fees to charge the cost of the program per student which is approximately $13.50 per hour per student.
c. Increase fees to help off-set the cost of the program to $8.00 per hour per student.

3. Park Rental Fees-similar to the rental of the recreation center, costs to maintain our facilities continue to rise. Our parks and sports field are kept at a high standard and the cost to keep them in their current state is growing. Current fees can be found on the attached fee schedule. a. Keep fees the same.
b. Consider a small increase for all group fees.
c. Consider a small increase of only some of the group fees.

4. Program Fee Split with Contracted Instructors-Most of our programs are led by contracted instructors. Some are held at a City of Oakley facility while others are held at a private facility or virtually. The current contracts with our instructors have 70/30 split on any class held at a City of Oakley facility and an 80/20 split on those held privately or virtually. This split is fairly consistent in surrounding cities. a. Keep the current split of 70/30 and 80/20 and add to the fee schedule.

5. Summer Camp Fee-Summer Camp is a highly attended 5-week program provided during summer break. We have room for 90 students each day and typically have a waiting list just as long. This fee is missing from the master fee schedule and is currently $75 per week for residents and $85 per week for non-residents. The cost to run this program is significantly higher than the fee we are collecting. This cost is also significantly lower than surrounding cities offering a similar program. Again, staff’s desire is to keep the program affordable to all citizens in Oakley while also trying to manage ever increasing costs to do business.
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US a. Keep fees the same and add the $75 per week for residents and the $85 per week for non-residents to the Master Fee Schedule. b. Consider increasing the fee to provide for more cost-recovery of the program.
c. Consider an additional fee to provide options of early drop off and late pick up to offer better hours for working parents.

6. Excessive Cleaning Fee-We currently collect a $500 deposit to cover the cost of excessive cleaning and or repairs needed after a rental. In order to ensure consistency, staff recommends adding a standard hourly rate to the master fee schedule as well as a time and material rate in the rare instance staff is unable to clean or repair an item and we must seek a third party to do this work. This fee would be charged in the event the facility needed additional cleaning due to misuse, excessive spills, or damage caused by a rental.
a. Consider adding a $95 per hour rate and a time and material rate to the Master Fee Schedule

7. Cancellation Fee- We currently charging a $38 cancellation fee and require the cancellation within two weeks of the start of the class. In comparing our fee to others, it seems to be quite high. It is also quite high in proportion to the actual cost of the class. Staff recommends lowering the fee to better align with surrounding cities and reducing the time period from two weeks to 5 days. Staff believes this will allow us to provide better customer service while still covering the administrative costs required to cancel the class.
a. Consider reducing the cancellation fee from $38 to $12.

Staff is seeking direction this evening from council, so that we can bring back a public hearing as required, to adopt any changes proposed to the Master Fee schedule.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with almost all of the SP 27+ goals. Recreation events, programs, and rentals all play a significant role in our community and touch each of the SP 27+ goals in some way.
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
The potential fiscal impact of the recommended action is expected to be a minor increase in revenue related to recreation rentals, classes and programs and intended to have better cost-recovery of the provided service.

Staff Recommendation
Staff recommends that the City Council receive the presentation by Staff and provide direction related to next steps.

Attachments

1. Master Fee Schedule
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Master Fee Schedule Effective
November 25, 2023
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GENERAL ADMINISTRATIVE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Passport Photos $15.00
Passport Execution Fee $35.00
Copying (8 1/2 x 11) $.40 1st page$.25 thereafter
Copying (8 1/2 x 14) $.65 1st page$.50 thereafterCopying (11 x 17 or color copies) $1.00 1st page$.75 thereafter Promotional Items Cost + 10%
Return Check Fee $25/$35 $25 for 1st, $35 for Subsequent Zoning/Subdivision Map Time and Materials Charge
General Plan Copy Time and Materials Charge
Subpoena Services $24 per hour plus $.10 per page
Subpoena Witness Fees $275.00 Per Day plus current IRS rate per mile of travel Research & Information Services Based on Staff Estimate Time and Materials ChargeAdministrative Hearing Time and Materials Charge Administrative Penalty Citation $100.00 For 1st citation in 1 year; $200 and $500 for subsequent citations in 1 year Copy of Meeting on Flash Drive, CD, or DVD Varies, fee is cost of recording media only Recreation Class Cancellation Fee $38 maximum or class fee if cancelled within 2 weeks of the first class Filing Fee for Notice of Intent to Circulate an Initiative Petition $200.00 Deposit is refunded to the filer if, within one year of the date of filing the notice ofintent, the elections official certifies the sufficiency of the petition.

Business License Annual Fee $100.00
$100 plus $10 per full time equivalent employee (pro‐rated by quarter for new licenses)
CASP Annual Fee $4.00 Per SB 1186
Transfer of License or Location $10.00
Lost License/Duplicate License $10.00
EV Vehicle Charging Fee $.30/kwh

SPECIAL PERMITS & LICENSES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Adult Business Permits $1,704.00 Time and Materials Charge Massage Parlor Permits $1,196.00 Time and Materials Charge Masseuse Permits $364.00 Ability to charge are subject to limits by State Law.

Bingo Licenses
New $50.00Renewal $10.00
Public Dance Licenses $406.00Sound Amplification Permit $406.00Taxicab Owner Permit $316.00Taxicab Driver Permit $316.00Tobacco License $458.18 Per License (Resolution 03‐19)

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PLANNING DEPARTMENT SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT VARIANCES:

Planning Commission/City Council Review $2,900.00 Time and Materials Charge Zoning Administrator Review $649.00
CONDITIONAL USE PERMITS:

Planning Commission/City CouncilReview $3,500.00 Time and Materials Charge Zoning Administrator Review $649.00
SIGN PERMITS:

Administrative Approval $81.00Planning Commission Approval $1,500.00 Time and Materials Charge DEVELOPMENT PLANS/DESIGN REVIEWS:

ZoningAdministrator Review – Minor (Building Additions, Re‐Facades, and Re‐Paints) $162.00ZoningAdministrator Review – Major (All Others) $1,215.00 Planning Commission/City Council Review ‐ Minor (ZA referrals, significant painting/facades) $2,400.00 Time and Materials Charge Planning Commission/City Council Review ‐ Major (Tent. Map‐ Homes, New Commercial/Industrial Construction) $4,000.00 Time and Materials Charge SUBDIVISIONS:

Tentative Map for 5 or More Lots (MajorSubdivision) $12,000.00 Plus $100 per lot/unit over 50Tentative Parcel Map for Less than 5 Lots(Minor Subdivision) $5,500.00 Time and Materials Charge Reversion to Acreage $1,900.00 Time and Materials Charge Condo/Conversion tentative map $7,000.00 Plus $100 per lot/unit REZONINGS:

Rezoning $6,500.00 Time and Materials Charge
GENERAL & SPECIFIC PLANS:

Preliminary Review (ʺMeritʺ Review for Applicant) $2,000.00 Time and Materials Charge Formal General Plan and Specific Plan Submittal $10,000.00 Time and Materials Charge APPEALS:

Applicant appeal $1,500.00 Time and Materials Charge
Neighbor/Non‐Applicant Appeal $109.00
PERMIT EXTENSIONS:

Administrative $162.00Public hearing $1,000.00 Time and materials charge TREES:

Application to Destroy, Cut Down or Remove Protected Tree $450.00 Per tree; only charged if not part of a project Appeal of Decision to Destroy, Cut Down or Remove Protected Tree $140.00 Per tree Damage to Protected Tree (Penalty) Per OMC
OTHER FEES:

Zoning Verification Letter $274.31Additional HCP Application Review Fee (for applicable projects) $700.00 Time and Materials Charge Firearm Sales License and Renewals $219.00
Home Occupation Permit $109.00
Short Term Rental Permit $129.00Vendor Permit and Renewal $129.00 DEVELOPMENT AGREEMENTS:

Preliminary Review (ʺMeritʺ Review for Applicant) $500.00 Completion of Review $3,000.00 Time and Materials Charge Construction and Debris Plan Fees (Solid Waste Diversion) $41.00Residential Density Bonus Review $1,400.00 Time and Materials Charge

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PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT ENCROACHMENT PERMIT REVIEW & INSPECTIONS:

SMALL ENCROACHMENT PERMIT CATEGORY All fees include inspection and current USA fee General Encroachment Permit (Curb, Sidewalk, Driveway) $370.00Tree Removal $215.00Debris Box/Storage Container $215.00 Site Access Permit $215.00

LARGE ENCROACHMENT PERMIT CATEGORY
Large Permit <= $10,000 $1,480.00Large Permit > $10,000 Based on Estimate + Bond (see plan check and inspection rates below)
Time and Materials Charge

OTHER ENCROACHMENT
Utility Company or District Project $445.00 Time and Materials ChargeWork Done Without Permits $1,000.00 Plus double inspection and permit feesNo Inspection Notification for Permitted Work $1,000.00 Plus inspection fees MISCELLANEOUS ROAD PERMIT APPLICATIONS:

House Move Review $613.00House Move Inspection $230.00Extra Legal Load $16.00 $16 set by State; or $100/yr + $100 security depositRoad Closure Permit, Ext / Mod (Major Construction Projects) $3,135.00 TEMPORARY ROAD CLOSURES/CONSTRUCTION/SPECIAL EVENTS:

Not For Profit Applicant $60.00For Profit Applicant $799.00 SUBDIVISION MONUMENT CHECKING:
1 ‐ 2 Monuments $575.003 ‐ 5 Monuments $690.006 ‐ 9 Monuments $800.0010 or more new monuments $915.00 Plus $66 per monument over 10Error Resolution / Discussion $1,850.00 Time and Materials Charge MAP CHECKING:

Final Map $6,500.00 Time and Materials Charge Plus $60 per lotParcel Map $3,000.00 Time and Materials Charge Plus $60 per lotBase Map Revision $60.00 Per LotCertificate of Correction Review $1,500.00 Time and Materials ChargeAmended Map Revision $1,500.00 Time and Materials Charge Plus $60 per lot ROAD VACATIONS:

Map Exists $2,302.00 Time and Materials ChargeNo Map Exists $2,302.00 Time and Materials Charge ROAD MISCELLANEOUS:

Road Name Change‐Public Road $1,790.00 Plus $265 for 1 intersection & $64 each additional intersectionAddress Change/Private Road Name Change $1,790.00 PUBLIC IMPROVEMENT PLAN REVIEW:

Plan Review
$10,000 ‐ 25,000 $500.00 Plus 8% of improvements$25,001 ‐ $50,000 $6,000.00 Plus 6% of improvements$50,001 or more $7,500.00 Plus 2% of improvements over $50,000 Landscaping Plan Review (Parks Department) $2,000.00 Plus 2% of improvementsCommercial Site Plan Review $7,500.00 Plus 2% of improvements C.3 Compliance Review $4,200.00 Time and Materials ChargeBridges or Major Structures $15,000.00 Plus 6% of improvements

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PUBLIC WORKS SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT RELATED REVIEW:

Drainage Review (no improvement plans) $2,400.00 Time and Materials Charge Condition of Approval Compliance Check (no improvement plans) $2,000.00 Time and Materials Charge Certificate of Compliance $2,475.00 Time and Materials Charge Lot line adjustment $3,900.00 Time and Materials Charge PUBLIC IMPROVEMENT INSPECTION:
$10,000 ‐ $50,000 $2,000.00 Time and Materials Charge Plus 6.5% of improvements $50,001 ‐ 100,000 $6,000.00 Time and Materials Charge Plus 6.5% of improvements $100,001 or more $15,000.00 Time and Materials Charge Plus 4.5% of improvements over $100,000Commercial Site Plan Inspection $6,500.00 Time and Materials Charge Plus 8% of improvements Bridges or Major Structures $14,000.00 Time and Materials Charge Plus 7% of improvementsLandscaping (Parks Department) $3,500.00 Time and Materials Charge Plus 8% of improvements FLOODPLAIN MANAGEMENT PROGRAM:

Flood Zone Determination ‐ Office Review $80.00 Per lot, $402 max for adjacent lots Flood Zone Determination ‐ Field Visit Review $432.00 Plus $67/lot, $734 max for adjacent lots Floodplain Management Compliance $48.00 Per Parcel
Floodplain Permit Application $2,000.00 Time and Materials ChargeFloodplain Base Map Revision $56.00 Per Lot Floodplain Map Amendments $2,000.00 Time and Materials Charge GRADING:

Plan review:
$100,000 or less $3,000.00 Time and Materials Charge Plus 3% of improvement value $100,001 or more $4,000.00 Time and Materials Charge Plus 1% of amount over $100,000 Inspection:
$100,000 or less $5,000.00 Plus 5% of improvement value$100,001 or more $6,000.00 Time and Materials Charge Plus 4% of amount over $100,000 Stock Pile Permit $3,000.00 Time and Materials Charge

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POLICE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Abandoned Vehicle No ChargeABC Permit Letter $50.00Accident Report ‐ Property Damage Only $12.00 Accident Report ‐ Injury (1‐20/20+ / Extensive) $12.00
Photos to CD $25.00Booking Fee $564.00Citation Sign‐Off Vehicle Inspection – Resident No Charge
Vehicle Inspection – Non‐resident $38.98
Clearance Letter:

Fee for Resident $15.00
Fee for Non‐Resident $42.00
Concealed Weapons Fee:

Initial Fee (Plus State Fingerprinting Processing Fee) $450.00 Plus Current DOJ Fees Renewal Fee (Plus State Fingerprinting Processing Fee) $75.00 Plus Current DOJ Fees Crime Reports $12.00DUI Emergency Response Cost Recovery Actual cost for staff, equipment, lab work.

False Alarm Response (more than 2 in 30 days) $100.00 After 2 alarms in 30 days Livescan Applicant Fingerprinting $21.00 Plus Current DOJ Fees Gun Storage Services pursuant to Court Order:

Administrative Processing Fee Per Incident $12.00
Storage Fee (per month or any fraction thereof) per Gun $5.00 Parties and Nuisances – Subsequent Calls for Service Hourly Charge; $415 minimum Review of Local Criminal History $44.00Rotational Tow Application Fees $350.00 Special Event Permit –No ABC Liquor License Letter Required $411.00 Special Event – Non‐Profit Organization (with or without ABC letter) $411.00 Second Hand Dealer License/Pawns $165.00 Plus Current DOJ Fees Solicitor/Peddler Permits $245.00Subpoena Duces Tecum (Per EC 1563) $24 per hour plus $.10 per page Per EC 1563 Production of Documents Only $15.00
Appearance Request (officer/records) $275.00
Vehicle Abatement $492.00
Vehicle Repossession Fee (VIN Verification charge individuals only) $70.00 Stored Vehicle Release – Recovered Stolen Vehicle No Charge Stored Vehicle Release $100

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OTHER INSPECTION FEES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Inspections Outside of Normal Business Hours $69.25 Per Hour (Minimum of 2 Hours) RE‐Inspection Fees Assessed Under Provisions of Section 305.8 $69.25 Per HourInspections for Which no Fee is Specifically Indicated $69.25 Per Hour Additional Plan Review Required by Changes, Additions & Revisions to Plans $78.50 Per Hour For Use Outside Consultants for Plan Checking & Inspections or Both Time and Materials Charge Energy Compliance Fees
25% of the Building Fee Applicable to all Structures with Heaters or any Conditioned Space
Access Compliance Fees
25% of the Building Fee Applicable on all Buildings Except Residential Use Buildings with Fewer Than four (4) Dwelling Units

ADDITIONAL FEE OR DEPOSIT COMMENT
The work listed in this supplement shall be valued based on the gross square footage of the work, or where noted, as a lump sum. Where actual costs are higher, those costs shall be used for the valuation.

Residential Addition $ 94.80 Sq. Ft.

Residential Remodel (to existing floor area) By ValueResidential Use Conversion from Garage By Value Sun room with 60% glazing, cabanas, other similar structures if conditioned space and Integrated with main Structure $18.65 Sq. Ft.Patio Cover By Value Deck $13.56 Sq.Ft.Deck ‐ With Cover By ValueRetaining Wall By Value Freestanding Fence By Value
Portable Doughboy Pools or Portable Spa (Electrical Only) $156.16 Includes Applicable City Fees Portable Doughboy Pools or Portable Spa With Gazebo or Decking By Value Remodel or Tenant Improvement Work in Commercial Buildings By Value Re‐Roofing‐Single Family or Duplex $178.80 Includes Applicable City Fees Commercial Building Re‐Roof By Value
Pre Fabricated Home on Permanent Foundation (Use minimum Electrical, Mechanical, and Plumbing Inspection Fees) By Value Moved Building By Value
$2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.000

SCHEDULE OF CONSTRUCTION PERMIT FEES
$1.00 to $2,000.00 $69.25

TOTAL VALUATION FEE

BUILDING FEES
$100,000.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00

BUILDING VALUATION DATA SUPPLEMENT
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $1,000,001.00 and UP $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof

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ELECTRICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 25% of the Building Permit Fee, $69.25 minimum Shell Building 25% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 20% of the Building Permit Fee, $69.25 minimum Electrical Permit $69.25 minimum. See * note.

MECHANICAL INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 10% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 15% of the Building Permit Fee, $69.25 minimum New Commercial Building 15% of the Building Permit Fee, $69.25 minimum Shell Building 15% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 10% of the Building Permit Fee, $69.25 minimum Mechanical Permit $69 25 minimum. See * note below

PLUMBING INSPECTION FEES ADDITIONAL FEE OR DEPOSIT COMMENT New Dwelling 15% of the Building Permit Fee
Addition or Alteration to Dwelling Unit 20% of the Building Permit Fee, $69.25 minimum New Commercial Building 20% of the Building Permit Fee, $69.25 minimum Shell Building 20% of the Building Permit Fee, $69.25 minimum Commercial Alterations & Tenant Improvements 15% of the Building Permit Fee, $69.25 minimum Plumbing Permit $69 25 minimum. See * note below

MISCELLANEOUS FEES FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Re inspections (When return trips to the site by an inspector are necessary) $69.25 Per HourOwner‐requested inspection of an existing building $69.25/$207.75 Per Hour with a 1 Hour Minimum. If Overtime is required the rate shall be $207.75 per hour with a 1 Hour Minimum
Inspection for Change of Occupancy $80.00 Per Hour with a 1 Hour Minimum Investigation of work without permit. When a Stop Work Notice is issued for work being performed without permits or performed beyond the scope of existing permits, a special investigation and inspection shall be made before permits may be issued for such work.

An investigation fee shall be charged equal to two times the amount of all permits fees required by this ordinance, with a minimum of $125.00. The fee is additive to the permit fees. This provision shall not apply to emergency work when it can be proven to the satisfaction of Building Official that such work was urgently necessary, that it was not practical to obtain a permit before the work was commenced, and that a permit was applied for as soon as practical.
*An electrical permit is required for all electrical work regulated by the Electrical Code. Fees for work not included in items 1‐5 above shall be calculated using Building Fees and based on the contract amount of the electrical work. Where such electrical work is performed in conjunction with a building permit, the fee may be added to that permit, and a separate electrical permit is required. * A plumbing permit is required for all plumbing work regulated by the Plumbing Code. Fees for work not included in Items 1‐5 above shall be calculated using Building Fees and based on the contract amount of the plumbing work. Where such plumbing work is performed in conjunction a building permit, the fee may be added to that permit, and a separate plumbing permit is not required. *A mechanical permit is required for all mechanical work regulated by the Mechanical Code. Fees for work not included in Items 1‐5 above shall be calculated using Building Fees and based on the contract amount of the mechanical work. Where such mechanical work is performed in conjunction a building permit, the fee may be added to that permit, and a separate mechanical permit is not required.

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PERMIT PROCESSING AND ISSUANCE PROGRAM FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Plan Review‐Applicable when plans are required beyond a plot or site plan. 65% of Building Permit Fee Permit Review and ProcessingApplicable when review for compliance can be determined through a plot or site plan, or references to a master plan previously reviewed and approved by the department.
25% of Building Permit Fee. (Subsequent houses also). $78.50 per hour minimum.

Additional ProcessingApplicable when additional plan review is required due to: 1) incomplete or unacceptable follow‐through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) revisions submitted during construction to reflect field changes. $78.50 Per Hour Plan Scanning:
8 1/2 x 11 $0.13 Per Sheet
11 x 17 to 12 x 18 $0.25 Per Sheet17 x 22 to 18 x 24 $0.81 Per Sheet24 x 34 to 24 x 36 $1.62 Per Sheet36 x 44 to 36 x 48 $2.97 Per Sheet Large Format Scanning $0.27 Per Square Foot

CONSTRUCTION INSPECTION PROGRAM ADDITIONAL FEE OR DEPOSIT COMMENT Building Permit The Building Permit fee shall be as set forth in the Fee Schedule (Table No. 1‐A) Energy Compliance
25% of Building Permit or processing fees. Applicable on all structures with heated or air conditioned space.

Accessibility
25% of Building Permit or processing fees. Applicable on all building permits except residential use buildings with fewer than 4 dwelling units.

State of California Earthquake Assessment Fee
Residential: .10 per each $1,000 building Valuation
Commercial: .21 per each $1,000 building Valuation
ADMINISTRATION AND OVERHEAD COSTS; ACTUAL COSTS
Actual costs include the Cityʹs administrative and overhead costs.

Section 2: VALUATIONCity of Oakley administrative and overhead costs are equal to 27% of all Construction Permit Fees. The Cityʹs administrative and overhead costs shall be included in the total amount charged for all Building Inspection Department services in a manner prescribed by the Building Inspection Department.

The determination of value or valuation under any provisions of the City Building Code shall be made by the Building Official. The total valuation to be used with the Fee Schedule shall be determined using the Building Valuation Data contained in the Building Standards magazine, published by the International Conference of Building Officials, Whittier, California. The data in the March‐April issue of each year shall be used for the ensuing fiscal year. Work not listed in the Building Valuation Data shall be valued per the Building Valuation Data Supplement.

The valuation to be used in computing Construction Permit Fees shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, beating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment.For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included.

The valuation of grading, retaining walls, paving and other site work, and any demolition work, shall be included unless such work was included in other permits issued by the Building Inspection Department.

The valuation data is used to establish consistent criteria for calculating permit fees, and the calculated total valuation does not necessarily reflect actual costs. The County Assessor does not rely on these costs, but performs independent assessments of the permitted work.

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CODE ENFORCEMENT FIXED FEE ADDITIONAL FEE OR DEPOSIT COMMENT Annual Rental Registration & Inspection fee $108.00
Fee for property not inhabited by tenants or vacant and not listed for rent on January 1st of each calendar year will be prorated on a monthly basis Re‐Inspection Fee $112.00Non Compliance for Failure to Register & Pay Fee/Code Enforcement Violations:

First Citation $100.00
Second Citation $200.00
Third Citation $500.00
Administrative Penalty Citation for Building and Safety Codes First Citation $130.00Second Violation of the Same Ordinance Within One Year $700.00 Each Additional Violation of the Same Year Within One Year of First $1,300.00 Rental Property Owners failing to register and pay the annual fee by January 31st of the calendar year or within 30 days of renting the property will be issued an Administrative Citation.

Administrative Citations are in addition to the Rental Registration and Inspection Fee and any other citations issued for Building and/or Code Enforcement violations.

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User Groups:

Group 1: Oakley Resident, Oakley Based Businesses and Oakley Based Non ProfitsGroup 2: Non‐Resident and Non‐Oakley Based Non ProfitsGroup 3: Community PartnerGroup 4: Private Business, Group or Organizations FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Sports Area $7.00 per hour $17.00 per hour As Outlined in Individual Agreement $40.00 per hour Creekside and Nunn Wilson Park Group Picnic Areas (up to 100 people) $100.00 per day $125.00 per day As Outlined in Individual Agreement $200.00 per day Crockett and Summer Lake Park Group Picnic Areas (under 50 people) $75.00 per day $100.00 per day As Outlined in Individual Agreement $150.00 per day FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Oakley Recreation Building Studio 1 Only available for parties with 50or less people Monday ‐Thursday $55.00 per day $75.00 per day As Outlined in Individual Agreement $100.00 per day Recreation Center Great Room Add on Kitchen to full room rental or side A for $100
M‐Th $150.00 per day
F‐Su $225.00 per day
M‐TH $175.00 per day
F‐Su $250.00 per day
As Outlined in Individual Agreement
M‐TH $225.00 per day
F‐Su $300.00 per day
Recreation Center Side A or Side B Add on Kitchen to full room rentalor side A for $100 M‐Th $75.00 per day
F‐Su $115.00 per day
M‐TH $100.00 per day
F‐Su $135.00 per day
As Outlined in Individual Agreement
M‐TH $125.00 per day
F‐Su $150.00 per day
Kitchen Available Monday ‐ Friday $45 per hour $50 per hour As Outlined in Individual Agreement $50 per hour Temporary Use Permit $100 application fee + $500 depositSpecial Event/Road Closure Permit (if required) $50 application fee*Park Rental Fee $250 per day *Additional fees may apply based on the nature of your event A $150 damage deposit is due at the time of application to reserve any park or sports area.

RECREATION CENTER FEES
Recreation Center Deposit $250, insurance required on all rentals. *Large events and events serving alcohol will require $500 deposit and security

CIVIC CENTER PARK STAGE & AMPITHEATER

PICNIC AREA AND SPORTS FIELDS

PARKS & RECREATION

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RESIDENTIAL CUSTOMERS MONTHLY FEE
32 Gallon Trash Service $49.64
64 Gallon Trash Service $69.42
96 Gallon Trash Service $78.76
32 Gallon Senior‐Low Income Trash Service $42.14Additional Recycling Container $15.59Additional Green Waste Container $15.59

RESIDENTIAL CUSTOMERS FEE COMMERCIAL CUSTOMERS FEE
Account reinstatement Fee $20.00 Account reinstatement Fee $75.00 Go‐Back Service Fee $35.00 Go‐Back Service Fee $35.00
Same Day Service Fee $55.00 Same Day Service Fee
Cart Service (per cart) $40.00
Bin Service (per bin) $115.00
Admin Fee (Payment w/live Rep) $2.00 Admin Fee (Payment w/live Rep) $2.00 Overloaded/Contaminated Container Overloaded/Contaminated Container 1) First offense ‐ Phone call ‐      1) First offense ‐ Phone call ‐ 2) Second offense ‐ Phone call and warning letter ‐      2) Second offense ‐ Phone call and warning letter ‐3) Third offense ‐ Letter and fee $50.00 3) Third offense ‐ Letter and fee ‐ a) Cart Fee $75.00b) Bin Fee $150.00
MT. DIABLO RESOURCE RECOVERY /SANITATION AND REFUSE FEES

MISCELLANEOUS FEES AND CHARGES

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