Agenda packet — Oakley City Council, April 23, 2024 (part 2 of 2)

5675107596LD.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
LOT 5

REAL PROPERTY in the City of Oakley, County of Contra Costa, State of California, being all of Lot 5 as shown on that map of Subdivision 9188 filed for record on October 7, 2008, in Book 508 of Maps, Page 24, in the Official Records of Contra Costa County, described as follows:

BEGINNING at the southeasterly corner of said Lot 5;
Thence North 89°23'02" West, 299.72 feet;
Thence North 01°01'36" East, 123.16 feet;
Thence northerly, along a non-tangent curve to the right, having a radius of 315.00 feet, whose center bears South 80°15'58" East, through a central angle of 24°49'07" for an arc length of 136.45 feet;
Thence South 88°58'24" East, 47.93 feet;
Thence North 01°01'36" East, 32.95 feet;
Thence South 88°58'24" East, 73.00 feet;
Thence South 01°01'36" West, 32.95 feet;
Thence South 88°58'24" East, 130.01 feet;
Thence South 01°01'36" West, 247.32 feet, to the POINT OF BEGINNING.

Containing 1.71 acres, more or less.

END OF DESCRIPTION
This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.

Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
4-12-24
161

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: April 23, 2024
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director & City Engineer SUBJECT: Adopt a Resolution Approving the Agreement with McDonald’s USA, LLC for “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” for DR 09-20 McDonald’s Restaurant Project Located at 1060 Laurel Road and Authorizing the City Manager for Execute the Agreement
Background and Analysis
On April 11, 2024, the City Council adopted Resolution 44-23 approving the McDonald’s Restaurant project Design Review (DR 09-20) that is located at 1060 Laurel Road (APN 035-510-006). The project will be a quick service restaurant with dine-in and drive-through service.

Condition 20 of the Conditions of Approval require the project to submit and install landscaping, including planting and irrigation within the project right-of-way.

Condition 58 of the Conditions of Approval requires the property owner(s) to enter into an agreement with the City for the maintenance of landscaping within the public rightof-way at the owner’s expense.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community and Economic Development Goals.

Fiscal Impact
There is no fiscal impact associated with the agreement since all inspection, operations, and maintenance costs are the responsibility of the property owner.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” for DR 09-20 McDonald’s Restaurant Project and authorizing the City Manager to sign the agreement on behalf of the City.

Approved and
Forwarded to the
City Council
162

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Attachments

1. Resolution

2. Vicinity Map

3. “Agreement for Property Owner for Provision of Landscaping in the Public Right of Way” for DR 09-20 McDonald’s Restaurant Project located at 1060 Laurel Plaza
163
Resolution No. __-24 Page 1
RESOLUTION NO. __-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY, CALIFORNIA, APPROVING THE AGREEMENT WITH MCDONALD’S USA, LLC (APN 035-510-006) FOR “AGREEMENT OF PROPERTY OWNER FOR

PROVISION OF LANDSCAPING IN THE PUBLIC RIGHT OF WAY PURSUANT TO CONDITIONS OF APPROVAL” FOR DR 09-20 MCDONALD’S
RESTAURANT PROJECT LOCATED AT 1060 LAUREL ROAD AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on April 11, 2024, the City Council adopted Resolution 44-23 approving the McDonald’s Restaurant project Design Review (DR 09-20) with Conditions of Approval and Conditional Use Permit (CUP 03-20) for the property located at 1060 Laurel Road (APN 035-510-006); and
WHEREAS, Condition of Approval No. 58 sets the requirement for the property owners to execute this agreement to maintain right of way landscaping adjacent to the site at the owner’s expense; and
WHEREAS, execution of this agreement will satisfy the requirements of Condition of Approval No. 58; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the City Council of the City of Oakley does hereby approve the “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way Pursuant to Conditions of Approval” for the McDonald’s Restaurant project in the form attached hereto as Exhibit A and authorize the City Manager to execute the agreement.

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

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

_______________________
ATTEST: Anissa Williams, Mayor
164
Resolution No. __-24 Page 2
______
Libby Vreonis, City Clerk Date
165
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Source: Esri, USDA FSA, Maxar, Microsoft, Esri Community Maps Contributors, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
Vicinity Map
McDonald's Restaurant at Laurel Plaza (APN 035-510-006) ¯ 166
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April 12, 2024
HMH 5675.10.7596

Page 1 of 1 ends

5675107596LD.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
LOT 5

Containing 1.71 acres, more or less.

END OF DESCRIPTION
This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.

Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
4-12-24
177

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: April 23, 2024
TO: Joshua McMurray, City Manager
FROM: Daneille Navarro, Assistant City Manager
SUBJECT: Approve the City of Oakley Website Design, Hosting, Implementation & Maintenance Support Services Request for Proposal (RFP) and Authorize the Release of the RFP
Background and Analysis
The City website was redesigned around 2015 and the information, functionality and design are outdated and inefficient, and site navigation is difficult. The Oakley Information Technology Division has drafted a Request for Proposal (RFP) to solicit proposals from qualified vendors for the development of a modern and user-friendly website that will provide digital government services and community engagement as well as future maintenance support services.

The new website hosting platform will be required to be compatible with the City’s existing software and registration programs. The RFP requires a well-designed website for easy user navigation, compliance with the Americans with Disabilities Act, and multi-language translation for an overall positive experience.

Consistency with the Oakley Strategic Plan 27+
The update of the City website will complete the Oakley Strategic Plan 27+ Community and Collaborative Partnerships Goal’s Sub-subobjective: Modernize website to be user friendly, transparent, functional, and reflective of the City’s vision.

Fiscal Impact
There is no fiscal impact to the City to issue the RFP. Staff will review all proposals and present at a subsequent meeting to request the Council to award a contract.

Staff Recommendation
Staff recommends the City Council approve the Request for Proposal and authorize staff to release the document to solicit proposals.

Attachments

1. Request for Proposal (RFP)
Approved and
Forwarded to the
City Council
178

REQUEST FOR PROPOSALS

WEBSITE DESIGN, IMPLEMENTATION, HOSTING
& MAINTENANCE SUPPORT SERVICES
Introduction
The City of Oakley, California (City) is requesting proposals for website design, implementation, hosting, and maintenance support services. Information and requirements for submitting a proposal are included in this request for proposal (RFP).

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

The City of Oakley was incorporated in 1999 and is in Contra Costa County. The City is a “general law” city and is governed by the Council-Manager form of government. The fivemember council is elected based on districts and the Mayor is selected annually by a vote of the City Council.

The City provides the following services: administration, finance, information technology, planning and community development, public works and engineering, police, and recreation.

The City website was redesigned around 2015, and is a WordPress based site with several other programs integrated, including Code Publishing, Government Outreach, Civic Rec, and more.

The City of Oakey seeks the bid of a vendor that can accomplish all the functionality identified in this RFP. Qualified applicants must be equipped to integrate additional programs/technologies as outlined in this document for services currently provided by other vendors.

Project Intent
The intent for this project is to accomplish the below tasks:
 Evaluate the current website and provide a transition plan to replace the existing City website (www.ci.oakley.ca.us) with a new website (www.oakleyca.gov) including a Content Management System (CMS).
179

CITY OF OAKLEY REQUEST FOR
PROPOSALS – WEBSITE SERVICES
 Conversion, installation, training, ongoing support, and integration of other Cityowned projects and department websites into the new website.  Replace the current City website with one that offers advanced technology for government organizations.
 Develop a customized, modern website that includes a 100% responsive design so it can be displayed on devices of all sizes and integrates social media technology to engage and inform the community.
 Provide a well-designed, easy to use website that provides a positive user experience.
 An intuitive system for content creation, workflow for approvals and publishing to the website.
 Redesign of the architecture of the City website.
 Replace the existing CMS software.
 Ensure functionality with currently integrated programs and the newly selected ERP software.
 Integrate new branding that is recognizable and utilizes the City’s logo, fonts and color pallet.
 Ensure compliance with Americans with Disabilities Act (ADA) and accessibility consistent with federal, state, and local requirements.  Capability of the website to translate into various languages.  Recover existing key documents from current website and install into new website.  Assist the City with the transition of content from the current website to the new website.
 Provide all hosting and security services for the new website.  DNS for “oakleyca.gov” to be hosted by the City of Oakley – Subdomains will be made available to vendor for publishing pre-prod/prod/backup websites.  Provide training to existing staff members who will serve as administrators.

Deadline for proposals
The deadline for submittal of proposals is 5:00 p.m. on May 24, 2024.

The proposal must be mailed, or hand delivered to the address listed below no later than the deadline. All proposals must be sealed and clearly marked “Website Design Services.” Proposals delivered or post-marked after the posted deadline will not be considered for selection.

Project Goals
The City has determined that its existing website is outdated and inefficient. The design of the website is also outdated, and site navigation is difficult.

Scope of Services
The proposed services must include installation, configuration, start-up services, migration of content, training of City staff on use and maintenance of system, as well as 180

CITY OF OAKLEY REQUEST FOR
PROPOSALS – WEBSITE SERVICES
ongoing technical and service support. The selected bidder will also provide customer configuration and programming services as needed to ensure minimum functional requirements set forth in the RFP.

Part I - Creation of the redesigned website platform
 Cloud based computing resources.
 Management software for a third-party hosted and redesigned website including content management software, conversion, installation, training, and ongoing support.

Part II - Design and Implementation
 Kick-off meeting with City staff.
 Weekly meetings with staff during the design process.  Bi-weekly meetings during the implementation process with additional meetings to be scheduled as needed.
 City staff will approve the designs. Vendor will develop a minimum of two examples of the homepage, and two examples of a subsection of the website using the approved design.
 Staff will review the examples and suggest changes, and after further review provide approval for design completion.
 Staff will coordinate with the vendor to publish a pilot website to City stakeholders, to generate feedback for improvement.
 Staff and the vendor will work together to determine what feedback to incorporate into the design before final acceptance.
 The vendor will make the agreed upon modifications and provide the final redesigned website to the City for acceptance. The City will review the website for accuracy, navigation, completeness, and adherence to the agreed upon design.  Vendor will transfer or archive any reusable content from the existing website to the new website and perform any formatting that must be done to load the content to the new site in a fully usable and consistent manner.  Vendor shall identify any City staff time required in migrating existing content.  City approves the website (with modification if necessary) and the vendor places the website into production.
 The City wishes to retain the existing domain name, however would also like to purchase a new domain name.

Part III - Training
 A minimum of four trainings will be required.
 The selected vendor will provide department training to web authors (approximately 10) to use the content management module for updates and provide training for website administrators.
181

CITY OF OAKLEY REQUEST FOR
PROPOSALS – WEBSITE SERVICES
Part IV - Website Launch
 The selected vendor will provide a recommendation on the launch timeframe including a soft launch with a minimum of one week soft launch before the official launch.
 The selected vendor will provide technical support during the soft launch, and for the first four weeks from launch with weekly check-in calls to address any issues.

Part V - Hosting Requirements
 Responsiveness of the website: website responsiveness should adhere to industry standards and apply to mobile and tablet devices.

Proposal Format
Proposal submissions should contain a thorough description and analysis of the following information presented in the order below.

1. Cover Letter
 Include the name and address of the organization submitting the Proposal and the name, address and phone number and email address of the contact person who will be authorized to make representations for the organization. The cover letter shall clearly identify the project the Vendor is proposing.

2. Executive Summary

3. Project Team
 Description of the team assigned to this project and their roles. It is expected that once the project begins, the team will remain in place. If the team is not available for the duration of the project, please include a statement regarding the length of the commitment.
 Organizational Chart that includes the team members assigned to this project and their roles.
 A brief biography of the team members and their experience working on municipal websites.
 Identify if any subcontractors will be used and their role in the project.

4. Experience and Qualifications
 A general description of the services provided by the vendor and sub-vendors.  A list of projects completed by the firm and team members proposed for this project that best exemplifies the work requested.
 Vendor/sub-vendor samples for similar projects

5. Scope of Work
 A narrative describing the approach and work plan, including any studies for the work.
 If additional services are required for successful implementation, please include those in the proposals with an explanation of all additional services 182

CITY OF OAKLEY REQUEST FOR
PROPOSALS – WEBSITE SERVICES
offered and indicate if pricing is ongoing or one-time and pricing terms and frequency.
 Any suggestions vendor believes would be valuable to include in this re-design and any suggestions for clarifying the scope of work.
 Provide an estimated timeline and schedule for competition of the project.  A signed copy of any addendum to this RFP shall be included in the proposal.

6. Budget Estimate
 A detailed budget estimate in a matrix form including hourly rates and time commitments for all team members and sub-vendors by task for the project.  Indicate the hourly rates that would be applied to any change orders or additional requests.
 Indicate whether each pricing component is one-time or ongoing.  Include payment terms and frequency.
 Denote any proposed tasks that are optional.
 Include similar information for any sub-contractors/sub-vendors.  Provide sample billing invoice.
 Provide an estimate of travel expenses if any.

7. Project Schedule
 Include the timeframe for completion of tasks, including milestone dates for primary deliverables.
 Include discussion of where the project timeline is susceptible to delay if any assumptions are not met.
 The project schedule should include the dates and how often meetings with City staff will occur.

8. Customer Service
 Customer Assistance: support hours, phone, web-based SLA response time, etc.
 Escalation Process: Procedure or process for escalating support issues.  Emergency Situations: Procedure or process for emergency situations including after-hours support.
 System Failures: Please describe the process for dealing with failure of the system.

9. Contract Requirements
 Proof of Insurance: The City will require minimum insurance coverage. The City reserves the right to request additional insurance coverage and amounts.

10.Reliability
 Resiliency: Include information pertaining to a website uptime.  Website should adhere to OWASP standard for Security.  CMS, Modules and HTML Code should be patched on a regular basis and reports delivered or made available on the frequency and status of said patches or updates.
 HTML 5 Code should be primary, no JavaScript, .NET or open-source modules.  Vulnerabilities identified for platform components should be patched within 72 hours and City Contact made aware of those activities.
 All contact information including email address, phone number, titles and City staff names should be obfuscated from Web Crawlers & Code sniffing. 183

CITY OF OAKLEY REQUEST FOR
PROPOSALS – WEBSITE SERVICES
 No email should be included in the Website Hosting package; no ancillary services should be installed on hosting packages that are not actively in use.  Include detailed information on the types of backups along with frequency of backups and detailed information on version control. Historical logs for reviewing changes made, file locking permissions and archiving content.  Describe internet connectivity and resiliency used at the hosting site.  Describe any DDoS mitigation capabilities.

Questions and Requests for Clarification
All questions and requests for clarification shall be made in writing and sent via email to Danielle Navarro, Assistant City Manager, at [email protected] no later than 5:00 p.m. on May 9, 2024.

Addenda
The City will answer all questions and requests for clarification in the form of an addendum that will be published on the City’s website www.ci.oakley.ca.us. It is the responsibility of the vendor to check for any issued addenda before submitting a response.

Submission and Deadlines
Submissions must be received by 5:00 p.m. on May 24, 2024. Submittals not received on or before the deadline stated above will not be accepted (no exceptions). Proposals submitted in response to this RFP shall be valid for 180 days from the submittal due date.

The City reserves the right to request follow-up information or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date and time included.

Email Submittal (Required)
Submit one electronic file (.pdf preferred) via email to Danielle Navarro, Assistant City Manager, at [email protected]. Indicate in the subject line “RFP – Website Redesign – [Vendor Name].” The City will only accept attachments up to 10MB. The vendor will receive confirmation of receipt of the proposal.

Hardcopy submittal (Optional)
Submit one (1) hardcopy proposal in a sealed envelope and mailed to: Danielle Navarro, Assistant City Manager, City of Oakley, 3231 Main Street, Oakley, CA 94561. Clearly mark the submittal envelope with the “RFP- Website Redesign” and vendor’s name.

Evaluation Criteria & Contract Award
Responses to this RFP will help the City identify the most qualified vendor and will be indicative of the level of the vendor's commitment. The City will evaluate the qualifications, references, overall fit with the City, as well as take into consideration the proposed scope 184

CITY OF OAKLEY REQUEST FOR
PROPOSALS – WEBSITE SERVICES
and pricing submitted to determine the most qualified website vendor. A selection committee will review all proposals received as a part of a documented evaluation process. The City will evaluate proposals according to the following criteria:

1. Responses to the City’s functional requirements

2. Price and quality of the proposed software solution, training, and implementation services plan; and price and quality of the proposed ongoing software maintenance/support services.

3. Experience, demonstrated performance and financial viability of the proposers firm, including experience in public sector and similar organizations.

4. Compatibility with City’s technical architecture, and standards

5. Strategy and responses to technical requirements.

6. Quality, clarity and responsiveness of the proposal in conformance with instructions.

The City has established a proposal review team to evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. Scoring criteria, review, and calculations methodology to be created by the City and the City maintains full discretion regarding the evaluation process. The ultimate consultant selection will be based upon both technical and merit and cost competitiveness. The cost to the City for performing the work shall be important, but not an overriding consideration. Subsequent to selection of a successful proposer, the City will draw up an agreement reflecting the terms and conditions of the proposal plus the City’s standard liability and insurance requirements. The City reserves the right to conduct interviews with prospective consultants to clarify any issues or obtain additional information, as necessary. 185

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: April 23, 2024
TO: Joshua McMurray, City Manager
FROM: Paul Beard, Chief of Police
SUBJECT: Annual Report of Military Equipment Usage- 2023 Background and Analysis
On January 1, 2022, AB 481, which governs the funding, acquisition, and use of military equipment by law enforcement agencies in the state of California, became effective. AB 481 specifically requires all law enforcement agencies in California to obtain the approval of their respective governing bodies before funding, acquiring, or using equipment now defined under AB 481 as “military equipment.” The Oakley Police Department adheres to AB 481 via Oakley Police Policy 707.

AB481 requires, on an annual basis, the police department to seek and obtain City Council approval for future acquisition and funding of new military equipment and provide City Council and the public, a report outlining how the military equipment was used, to ensure the police department is adhering to our policy and the city ordinance.

An annual report has been prepared to share with the City Council, and the general public.

The annual report summarizes the military equipment used by the Oakley Police Department, the inventory of military equipment owned by the Oakley Police Department, purchases of military equipment by the Oakley Police Department and training events using military equipment. The annual report also reports any community concerns regarding military equipment, any critical incidents where military equipment was used and any projected purchases of military equipment.

Within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold “at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report” and the funding/use of equipment. This community engagement meeting is scheduled for May 16, 2024 at the City of Oakley City Hall Council Chambers, 3231 Main Street, Oakley, Ca. 94561. The meeting will start at 6:00PM.

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

Approved and Forwarded to the
City Council
186

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
The total fiscal impact, during 2023, on the City of Oakley to purchase military equipment, and supportive items is as follows:
 DJI Mavic 3 Thermal drone $5,748
 Two Mavic Mini 3 Pro drones ($909 ea.) $1,818
 5,000 rounds of 5.56x45mm 64 grain SP ammunition $4,070 o TOTAL $11,636
Staff Recommendation
The Oakley City Council should provide comments and input to staff on the 2023 Annual Military Equipment Report.

Attachments

1. Oakley Police Department 2023 Annual Military Equipment Report

2. Oakley Police Department Policies regarding Military Equipment 187

OAKLEY POLICE

DEPARTMENT

2023 ANNUAL

MILITARY

EQUIPMENT
REPORT

CHIEF PAUL BEARD

188
1 TABLE OF CONTENTS
Introduction 2
Definitions 3
Summary of Military Equipment 5
Current Inventory of Specialized Firearms and Ammunition 7 (rifles, 40mm launchers, related ammunition)
Unmanned Aerial Vehicles 9
2022 Military Equipment Purchase & Training Use 11
Community Concerns and Complaints 13
Internal Military Equipment Inventory & Audit 14
Projected Military Equipment Acquisition (2023) 15
Anticipated “retirement” of Military Equipment 17
Conclusion 17
189
2 INTRODUCTION
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies such as the Oakley Police Department to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring, or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets Specified standards.

On August 9, 2022, the City of Oakley City Council approved Ordinance 10-22, which approved Oakley Police Department Policy #707: Military Equipment.

As required by Assembly Bill 481 and the Ordinance, annually the Oakley Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy, and Annual Report, and determine whether the Department’s use of military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.

As set forth in the Policy, the Oakley Police Department retains and employs limited military equipment to safeguard its community. Oakley Police Officers, certified instructional staff, and specialized units receive training throughout the year on the use of military equipment approved under the Policy.

This Annual Report outlines the Oakley Police Department’s military equipment inventory and usage, community complaints over use of military equipment, and internal audits from January 1, 2023 through December 31, 2023. The Oakley Police Department will submit its Military Equipment Annual Report to City Council after December 31st of every year in compliance with AB 481. 190
3 DEFINITIONS
Definitions of Military Equipment established by California Government Code §7070. The Oakley Police Department utilizes a limited number of the resources listed (bolded and underlined below):

Military equipment includes but is not limited to the following types of equipment:
• Unmanned, remotely piloted, powered aerial or ground vehicles • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
• Tracked armored vehicles that provide ballistic protection to their occupants • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Weaponized aircraft, vessels, or vehicles or any kind • Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue firearms ➢ ^^^This section relates to our patrol rifles^^^
• Any firearm or firearm accessory that is designed to launch explosive projectiles • Noise-flash diversionary devices and explosive breaching tools 191
4 • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
• Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
• Kinetic energy weapons and munitions (e.g. 40MM launcher, bean bag shotgun, foam tipped projectiles)
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
192
5 SUMMARY OF OAKLEY POLICE MILITARY

EQUIPMENT
Overview:

In regards to the usage of military equipment, as defined by the California Penal Code, the Oakley Police Department currently only uses patrol rifles (Penal Code 30510 & 30515), 40mm launchers, unmanned aerial vehicles (UAV’s) and the support equipment associated with each one of these items.

Specialized Firearms and Ammunition
Authorized Use:

Only members that are POST certified are authorized to use a rifle or 40mm launcher.

Purpose:

Rifles are to be used to address threats with more precision and/or greater distances than a handgun. The rifles have a great degree of accuracy over longer distances than handguns. The rifles are used in tactical and higher risk situations.

The use of rifles is considered deadly force.
40mm launchers can fire several forms of less lethal munitions. The Oakley Police Department only uses the Defense Technologies Exact Impact, kinetic energy round. The Defense Technologies Exact Impact, kinetic energy round is a high speed, lightweight projectile consisting of a plastic body and a crushable foam nose. It is designed to be used against aggressive and non-compliant people at distances between 5-40 yards.

Training:

Prior to the use of the specialized firearms listed within this section, all officers must be certified by POST instructors in the maintenance and operation of such firearms.
193
6 Legal and Procedural Rules:

Use of specialized firearms and ammunition is established under Oakley Police policies #300, #303, #306, and #707. It is the policy of this Department to utilize specialized firearms only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.
194
7 CURRENT INVENTORY OF SPECIALIZED FIREARMS
AND AMMUNITION:

Oakley Police Department inventory of patrol rifles, chambered in .223/5.56x45mm
Our rifles are equipped with flashlights, electronic sighting systems and collapsible stocks. The costs associated with all of this support equipment is factored in below:

RIFLES QUANTITY COST
COLT AR-15 16 $41,664 ($2,604 ea.)
SIG 516 (AR-15 style) 15 $39,060 ($2,604 ea.)
BUSHMASTER AR-15 1 $2,604 ($2,604 ea.)
40mm launchers
Firearms that are capable of firing less lethal 40mm projectiles.

LAUNCHER TYPE QUANTITY COST

LEWIS, MACHINE
& TOOL CO.

Single round
capacity
5 $5,500 ($1,100
ea.)

DEFENSE

TECHNOLOGIES
Multiple round
capacity
2 $4,200 ($2,100
ea.)
Ammunition

BRAND CALIBER TYPE QUANTITY COST
Winchester 5.56x45mm 55 gr. FMJ 24,000 $10,560
Winchester 5.56x45mm 64 gr. SP 9,000 $6,930
Defense
Technologies
40mm Exact Impact
Kinetic Energy
Munition
27 $620
195
8 Expected Life Span:

Colt rifles- 15 years
SIG rifles- 15 years
Bushmaster Rifle- 15 years
Lewis, Machine & Tool 40mm launchers- 15+ years
Defense Technology 40mm launchers- 15 + years
Winchester 5.56x45mm 55 grain FMJ ammunition- No expiration Winchester 223 Remington 64 grain SP ammunition – No expiration Defense Technology 40mm Direct Impact Kinetic Munition- 5 years Fiscal Impact:

Annual maintenance is approximately $50 for each rifle. 196
9 Unmanned Aerial Vehicles
Description, quantity, capabilities, and purchase cost:

The Unmanned Aerial Vehicle (UAV) is a battery powered, remote operated flying device capable of live feeding, and recording, video and audio files. Flight time of approximately 30-45 minutes per battery, depending on weather and flight conditions.

UAV inventory

MAKE MODEL QUANTITY AGE ESTIMATED

LIFESPAN
COST
DJI Mavic
Enterprise
Dual
1 4 Years 5 Years $2,700
DJI Mavic 3
Thermal
1 <1 Year 5 Years $5,748
DJI Mavic Mini
3 Pro
2 <1 Year 5 Years $1,818
($909 ea.)
Purpose:

To be deployed when its technological advantages view would assist officers or incident commanders with the following situations, which include but are not limited to:
• Major collision investigations
• Emergency Life Threatening Situations
• Search for missing persons
• Natural disaster management
• Crime scene photography
• SWAT, tactical or other public safety and life preservation missions. • In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
197
10 Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate Oakley Police Department’s UAV’s approved missions.

Fiscal Impact:

Annual maintenance cost of approximately $0-$1,500.

Training:

All Department UAV operators are licensed by the Federal Aviation Administration for UAV operation. UAV operators train monthly in the use of the UAV’s.

Legal and Procedural Rules:

Use is established under the FAA Regulation 14 CFR Part 107. 198
11 Equipment Purchase and Training Use
2023 Purchases
Military
Equipment
Quantity Cost Date of Purchase
Winchester

5.56x45mm 64 gr.

SP ammunition
5,000 rounds $4,070 3/22/23
2023 Training/ Military Equipment Utilized
Training Military
Equipment
Quantity Date
Basic patrol rifle
course
Patrol rifle 2,000 rounds January 11-12,
2023
Basic patrol rifle
course
Patrol rifle 2,000 rounds January 25-26,
2023
Drone training Drones 2 hours August 31, 2023
Drone training Drones 2 hours September 27,
2023
Annual rifle
training
Patrol rifle 1,623 rounds October 12, 2023
Annual rifle
training
Patrol rifle 2,095 rounds October 13, 2023
Drone training Drones 2 hours November 1, 2023
Basic patrol rifle
course
Patrol rifle 1,000 rounds November 14-15,
2023
Drone training Drones 2 hours November 29,
2023
Basic patrol rifle
course
Patrol rifle 1,000 rounds November 29-30,
2023
199
12 2023 Critical Incident/ Military Equipment Utilized

DATE MILITARY EQUIPMENT INCIDENT
April 15, 2023 Drone Barricaded personWalnut Meadows Drive May 23, 2023 Drone Suspicious subjectRutherford Lane
September 6, 2023 Drone Search for Domestic
Battery suspect
(located)- Gamay Circle
200
13 Community Concerns and Complaints
In some instances, the possession and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions and/or complaints regarding Oakley Police Department’s possession and use of military equipment are addressed.

The Oakley Police Department is committed to full and fair investigations of community complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

In June of 2022, the Oakley Police Department published its Military Equipment policy on its website. Community concerns and complaints can be made via the Department’s tipline- [email protected], in-person at the police department or in the field during police contacts, telephone, emails and social media. 2022 Community Concerns, Complaints & PD Internal Investigations Related to Military Equipment Use
Community Concerns Complaints PD Internal
Investigations
0 0 0
201
14 Internal Inventory & Audit of Military Equipment
Per Oakley Police Department policy 707.3 (c) the Department’s military equipment coordinator, designated as the Operations Division Commander, is required to complete an internal inventory of all military equipment within the possession of the Department at least once annually. An audit of the inventory and use of military equipment was completed on April 15, 2024 by the Operations Division Commander and staff.

This audit focused on the use of military equipment during critical incidents involving Department personnel. The audit confirmed that Department personnel were found to be in compliance with Policy #707 in the use of military equipment.

All current military equipment inventory was found to be in good shape and working order.
202
15 Projected Military Equipment Acquisition (2024)
For 2024 (January- December), the Oakley Police Department projects the purchase of additional Military Equipment to consist of SIG 516 (AR-15 style), or Mil-Spec equivalent semi-automatic rifles, 5.56x45mm ammunition and Defense Technologies 40mm Exact Impact munitions. For clarification the rifles that were ordered in 2023 were never delivered due to a backlog, so we are carrying that purchasing decision over to 2024.

The Oakley Police Department staffing has grown significantly. By July 2024 it is expected the Oakley Police Department will have 42 sworn officers from the Chief down to the most junior officer. The purchase of the additional semi-automatic rifles is necessary to make sure every sworn officer has a rifle assigned to him/her.

The semi-automatic rifles are equipped with electronic red dot sighting systems.

Red dot sighting systems tend to make target acquisition easier allowing the individual officers to be more proficient when operating the rifle.

The reason we do not use “pool” rifles (smaller number of rifles used by several officers) is because due to each officer has unique and individual human anatomy.

Pool rifles cannot be relied upon to be correctly sighted/aligned for every officer.

In order to make sure the rifles, and the sighting systems, are properly “fitted” to each individual officer we need to assign each officer with his/her own unique rifle.

The estimated purchase price of nine (9) new rifles is $23,436.00. That pricing includes all of the supporting equipment that is needed for a rifle (holographic sights, flashlights, slings, pouches etc…)
I anticipate spending approximately $6,675 on .223 (5.56x45mm) ammunition in 2024. The breakdown of that anticipated ammunition consists of:
• 12,000 rounds of training ammunition
o OPD will increase their training days this year and will expend more training ammunition than in previous years
• 1,000 rounds of duty ammunition
I further anticipate spending approximately $673 on Defense Technologies 40mm Exact Impact munitions (25 rounds).
203
16 Anticipated 2024 Military Equipment Acquisitions
Military Equipment Projected Purchase
Quantity
Projected Purchase Price
SIG/or Mil-Spec
Equivalent semiautomatic rifles,
chambered in

5.56x45mm
9 $23,436
Winchester .223
(5.56x45mm) 69 gr. BTHP
ammunition
1,000 rounds $987
Winchester .223
(5.56x45mm) 55 gr. FMJ
ammunition
12,000 rounds $5,688
Defense Technologies
40mm Exact Impact
Munition
25 rounds $673
204
17 Anticipated “retirement” of Military Equipment
The Oakley Police Department has been deploying several rifles that were assigned to the Oakley Police Department when the City of Oakley contracted police services with the Contra Costa County Office of the Sheriff. Those rifles were brought online between 2004-2009. It was my intent to replace those rifles during FY2024-2025. With the delay of the purchase of new rifles those rifles will now be “retired” in FY2025-2026. Those rifles number approximately six (6).

Conclusion
This Annual Military Equipment Report reaffirms the Oakley Police Department’s commitment to providing transparency and information to our communities and elected officials in addition to ensuring compliance with California State law. The equipment, resources, and training outlined in this report allow Oakley Police Officers to better serve and protect Oakley, enhance the safety of officers and the community and bring critical incidents to a safe resolution. 205
Policy
707
Oakley Police Department
Policies
Copyright Lexipol, LLC 2023/12/28, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 1
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
206
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2023/12/28, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 2
707.2 POLICY
It is the policy of the Oakley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Oakley Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department, this list is not meant to imply the Oakley Police Department owns/uses each type of the following equipment, but the Oakley Police Department may take into possession any of the listed types of equipment as certain needs arise and by authority of the Chief of Police:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. 207
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2023/12/28, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 3
• Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 208
Oakley Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2023/12/28, All Rights Reserved.

Published with permission by Oakley Police Department
Military Equipment - 4
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
209

STAFF REPORT
4858-8728-9011.1 1
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: April 23, 2024
TO: Joshua McMurray, City Manager
FROM: Derek Cole, City Attorney
SUBJECT: An Ordinance of the City Council of the City of Oakley Amending Section 2.1.010 of the Oakley Municipal Code Concerning the Use of Social Media by Members of the City Council
Background and Analysis
At the previous City Council meeting, the Council received a report regarding the adoption of a social media policy for City Council members. In response to the direction provided at the conclusion of this report, a proposed ordinance is attached.

As previously explained, the social media policy under consideration is one that would apply only to City Council members concerning their usage of their private social media accounts. City Administration and Staff and the Police Department already have social media policies that govern the City’s communication on social media through official channels.

As also previously noted, as concerns private Council member usage of social media, the City has very limited ability to enact enforceable policies. This is because the decision of Council members to communicate on private social media accounts belongs to Council members alone, not the City. For First Amendment reasons, the City generally cannot impose rules that forbid Council members from engaging in any type of speech—even if that speech may be perceived as improper or civilly actionable. The First Amendment rarely permits government to impose “prior restraints” on speech.

To the extent the Council could adopt a social media policy for itself, that policy would have to be confined in the manner addressed in the draft ordinance. The ordinance does not state any commands or impose any consequences. Instead, it makes clear that whenever a council member communicates on a social media platform he or she operates:
• His or her communication may be a public record if the communication relates to official City business;
• The communication could become a Brown Act “meeting” if more than one council member engages with the communication in any manner; • Communications about quasi-judicial matters could expose the council member to claims he or she is prejudicially biased against the parties affected by the matters; and
Approved and
Forwarded to the
City Council
210

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US • Taking adverse actions against individuals who engage with Council member social media accounts—such as “blocking” or deleting comments—could be construed a violation of First Amendment rights.

Rather than attempt to make the above enforceable through punitive consequences— which, as noted, would likely constitute impermissible “prior constraints”—the draft ordinance states the above points effectively as truisms. The ordinance thus does not impose these points as obligations, but instead requires that they be stated and distributed to each councilmember at the start of any term served (whether or not by election or appointment, and regardless of the number terms served). To this end, every councilmember will be required to receive a copy of the ordinance and reminded of the points before each term he or she serves. In my opinion, this is the most we can do in an effort to “enforce” the points noted.

Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with the City’s Sustainable Organization Goal.

Fiscal Impact
None.

Staff Recommendation
The City Council is requested to provide consider the introduction of the proposed ordinance.

Attachments

1. Ordinance Enacting Social Media Policy for the City Council 211
Ordinance No. XX-24 Page 1 of 2
ORDINANCE NO. XX-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING SECTION 2.1.010 OF THE OAKLEY MUNICIPAL CODE CONCERNING THE USE

OF SOCIAL MEDIA BY MEMBERS OF THE CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Oakley Municipal Code section 2.1.010 is added as follows:

Section 2.1.010 Use of Social Media
a. It is the practice of members of the City Council to use personal social media, which is any digital platform that allows members to create and share information with other users or audiences.
b. When members of the City Council use their personal social media to discuss City matters, their social media communications may be considered public records subject to public disclosure under the California Public Records Act (California Government Code section 7920 et seq.) or other applicable law. c. When members of the City Council use their personal social media and interact in any manner with other members, their social media communications may be subject to open meeting laws, including the Ralph M. Brown Act (California Government Code section 54950 et seq.).
d. When members of the City Council use their personal social media to discuss any quasi-judicial matters that may or do come before the City Council, their social media communications could reasonably be construed as evidence of bias, prejudgment, or personal interest.
e. If Members of the City Council use publicly accessible personal social media to communicate regarding City business, they may be creating a limited public forum subject to First Amendment speech protections. If such a forum is created, a member taking action, such as removing individual comments or blocking individuals from commenting, may violate those individuals’ First Amendment rights. (Lindke v. Freed, United States Supreme Court Case No. 22-611, decided March 15, 2024.)
f. Members of the City Council shall refrain from using any City-owned or issued devices to use or maintain their private social media accounts. g. Members of the City Council shall be provided a written copy of this section at the beginning of any term they serve or fill, following their election, reelection, or appointment, which copy shall be provided no later than the date of the first regular meeting of their term.
212
Ordinance No. XX-24 Page 2 of 2
SECTION 2. CEQA FINDING.

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

SECTION 3. SEVERABILITY.

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

SECTION 4. EFFECTIVE DATE.

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

SECTION 5. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Oakley.

PASSED AND ADOPTED by the City Council of the City of Oakley this 14th day of May, 2024 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
__
Anissa Williams, Mayor
ATTEST:
____________________________ _________________
Libby Vreonis, City Clerk Date
213
April 16, 2024
Mr. Josh McMurray, City Manager
City of Oakley
3231 Main Street
Oakley, CA 94561
RE: Monthly update - The Oaks Rental Community
Dear Josh:

Per the request of Councilmembers Aaron Meadows and Shannon Shaw, I am submitting the update for the months of March and April 2024. After your review, should you have further questions, please feel free to contact me.

We will provide our next update one week prior to the second regularly scheduled City Council meeting in May.

Sincerely,
Oke Johnson
Executive Vice President
Winn Residential
214

THE OAKS
An Affordable Housing Community
Staff

POSITION NAME CONTACT INFO
_____________________________________________________________________________________________ Onsite Property Manager Karla Aguilar [email protected] or 925-625-1300 Regional Property Manager Katherine Aguirre [email protected] Divisional Vice President Sheyla Batres [email protected] Oke Johnson Executive Vice President [email protected] _____________________________________________________________________________________________ Administrative staff consists of an Assistant Property Manager, Bookkeeper, Community Coordinator and three Occupancy Specialists.

Maintenance staff consists of Maintenance Supervisor (currently open) and six maintenance technicians (two open positions)
We encourage anyone who is interested in the position to apply at: https://www.winncompanies.com/careers _____________________________________________________________________________________________

OPERATIONS
Occupancy & Collections
Physical Economic
Buildings Occupancy Occupancy
Oak Creek 51 & 49 77% 76.20%
The Commons 53 & 59 74% 79.75%
Oak Grove Terrace 65 78% 75.25%
Oak Place 67 80% 93.38%
Oak Forest 81 80% 95.56%
Oak Meadows 69 93% 83.20%
Oak Ridge 73 87% 80.79%
*Physical occupancy = occupancy expressed as a percentage based on occupied units divided by total units *Economic Occupancy = occupancy expressed as a percentage based on charged rent divided by collected rent The staff is working on 25 new applications currently with a goal of each property to be in the mid 90% by June 30.

Administration
Legal
• 18 residents are eviction for nonpayment of rent.
215
Compliance & Recertifications
• 46 annual recertifications completed in March
• 30 annual recertifications completed in April
• 25 annual certifications due in May and 17 have been completed • 37 annual certifications due in June and 20 have been completed Resident Engagement
Resident Meetings
• Meeting in March was discussed in the Ad Hoc presentation in March • Meeting April 19th will be led by the Regional Manager and Divisional Vice President AGENDA
Community Updates - Clubroom renovations, sidewalk repairs, lighting improvements, doors & locks Maintenance - Reporting a service request, Emergencies and how to report, ongoing maintenance schedules
Parking – parking policies and updates
Upcoming Resident Events – Earth Day, Resident Appreciation week, Summer BBQ Resident Services – Reminder about services available to all free of charge Upcoming Meetings – April 23 & May 17
Open Discussion – Comments, questions, suggestions
The minutes from the meetings will be available for all residents in email form and in written form Email Communications
• Email
o Weekly, five emails are sent regarding topics such as:
 Reporting maintenance needs
 Upcoming events & reminders
 Monthly newsletter
 Leasing & Recertification reminders
• Daily “Blast”
o Each night a brief email is sent to residents who have opted in and can be customized to fit a specific need
Resident Event
• April
Earth Day Event to be held 4/22/2024. Complete Sourcing and Solutions has underwritten this event as a sponsor - flyer is attached.

Repairs & Maintenance
Capital Projects - 1st Quarter – Completed
• Landscape– Weed control, tree and shrubbery trimming, dead brush removal, edging and mowing • Lighting - Interior & exterior inspections for photocells & bulbs replacement, timer adjustments for daylight savings, major repairs were coordinated with an outside vendor • Sidewalk Repairs & Replacement – ongoing process for improvement and replacement of broken concrete • Clubroom Improvements – Buildings 59, 65, 67, 81 & 73 – flooring, painting, furniture 216
Capital Projects – 2nd Quarter – Underway
• Heritage Grove area Maintenance
• Spring cleaning of Buildings
• Balcony Inspections
• Building & Unit Inspections – HVAC, Roofs, Windows, Fascia, Stucco • Tree Removal
• Trash Compactor replacement – pending shipping confirmation Day-to-day Maintenance
March Service Request
• 96 new work orders were reported in March
• 295 work orders were completed in March
Keys, Locks & Doors
• Monthly doors and locks inspections have occurred to ensure keys operate properly and doors open and close properly.
• All common area doors were inspected on 4/4/2024 & 4/12/2024 and were in proper working order • An inspection on 4/16/2024 uncovered two exterior doors malfunctioning - Locksmith has been contracted for servicing
Cameras
• All camera systems were inspected on 4/9/24 and all were operational • During inspections a power supply was not working properly and a vendor was called for repairs Gates
• 3/20/2024 - Multiple parts of the gate system were vandalized, repairs were ordered • 3/28/2024 - Multiple repairs were completed and gate was operational • 4/3/2024 - A vehicle hit the entry gate, causing damage, and preventing the gate from operating. • A vendor was contacted and scheduled the repair for 4/17/24 Building & Unit Inspections
• Building & Unit inspections to occur in May, June and part of July Enhanced Resident Service Programming
March
• During the month of March, staff at The Oaks provided ten unique resident service events and eight, so far, in April. Examples include:
o Regular community meetings
o Emergency and Safety Workshops
o Distribution of baked goods from Panera Bread a similar schedule continued in April.

Ongoing enhanced services, free of charge to the residents include:
• After School Programming
This program is open to school age children 5 – 17, five days per week for 3 hours and is free of charge to the resident and children.
217
• Scholarships
Scholarships are available for continuing education, advanced education, and certification programs.

Applications are available in the management office.
• Adult Programming
Programs are open to all residents. Some programming is specific to seniors 55 years or older. The programs are designed to support the needs of the seniors aging in place.

Examples of enhanced ongoing programming will include:
• Adult computer classes
• Employment development
• Healthy Lifestyle & Living classes
• Art classes
• Advanced Healthcare Directives, Wills & Trusts, Scam Prevention • Financial Literacy classes - reducing monthly costs – cable, cell phones, insurance, RX costs, reduced utility costs through the CARES program, free and reduced eyeglasses, free tax preparations
• Food Security:

Food security exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets dietary needs and food preferences for an active and healthy life. Our programs are based on these fundamentals and include access to free food giveaways.
• Free foods are provided to the seniors on Wednesday and Fridays each week. Families have the same opportunity on Tuesdays of each week. The food is donated from local agencies and religious organizations. Fresh produce, pantry items, bakery items, eggs, canned goods, dry produce are among the many items the residents can choose from and rely upon. • Antioch Unified School District Meal Program provides one daily meal to children who have signed up to participate in this service. This is free of charge to parents. 218
219
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 MEMO
To: City of Oakley
From: Townsend Public Affairs, Inc.

Date: April 9, 2024
Subject: Bill Analysis: AB 1657 (Wicks)
AB 1657 (Wicks) The Affordable Housing Bond Act of 2024.

Bill Information
The official text of AB 1657 can be found here.

Summary
AB 1657 would enact the Affordable Housing Bond Act of 2024, which authorizes the sale of $10 billion in general obligation bonds, upon approval by voters at an undetermined statewide election.

The measure contains an urgency clause, giving it immediate effect if enacted. If approved, the measure directs proceeds of bonds to the following programs:
• $5.25 billion deposited in the Housing Rehabilitation Loan Fund to be used for the Multifamily Housing Program (MHP). At least 10% of assisted units in each development receiving funding must be available for extremely low-income households. • $1.75 billion to be deposited in the Housing Rehabilitation Loan Fund to be used for supportive housing administered through the MHP program. The measure requires HCD to offer capitalized operating subsidy reserves for supportive housing developments receiving funding.
• $1.5 billion to be appropriated by the Legislature to preserve or rehabilitate existing subsidized or unsubsidized rental housing through the following programs: the Portfolio Reinvestment Program, the Energy Efficiency Low-Income Weatherization Program, and a program to be created by the Legislature and administered by HCD that funds acquisition and rehabilitation of unrestricted housing units and attaches long-term affordability restrictions to the units.
• $1 billion to be appropriated by the Legislature to provide homeownership opportunities through the CalHOME Program, which provide grants to local public agencies and nonprofit developers to assist individuals and households through deferred-payment loans; and the My Home down payment assistance program administered by CalHFA. 220
2 • $500 million to be appropriated by the Legislature for the Joe Serna, Jr. Farmworker Housing (Serna) Program and a dedicated program to be created by the Legislature, administered by HCD, and designed for, and in consultation with, tribes to finance housing and housing-related activities that will enable tribes to rebuild and reconstitute their communities.

AB 1657 provides the Legislature can amend any law related to programs funded by the bond for purposes of improving their efficiency and effectiveness of those programs. The bill also allows HCD to disburse any funds made available to housing development projects by the bill during the construction period.

Background
Prior to 1974, the federal government invested heavily in affordable housing construction. When those units began to deteriorate, the Housing Community and Development Act ended most new construction of public housing and the Housing Choice Voucher Program (Section 8) was created in its place. This new program allowed eligible tenants to pay only a portion of their rent (based on their income) and shifted funds from public housing authorities to the private sector. The goal was to eliminate concentrations of low-income people in housing developments. In 1981, the Reagan Administration dismantled federal affordable housing funding. From 1978 to 1983, the funding for low- to moderate-income housing decreased by 77%. In 1970, there were 300,000 more low-cost rental units (6.5 million) than low-income renter households (6.2 million). By 1985, however, the number of low-cost units had fallen to 5.6 million, and the number of low-income renter households had grown to 8.9 million, a disparity of 3.3 million units. Federal investments have not gone back up to pre-1978 levels.

At the state level, California has invested significantly in affordable housing construction and rehabilitation in recent years through the passage of one-time discretionary actions in the budget and the passage of voter-approved bonds.

Only in the last few years have the Legislature and Governor allocated General Fund dollars to affordable housing programs. Beginning in 2019, an unprecedented $8 billion from the General Fund has gone to a variety of affordable housing programs. Additionally, the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1), authorized $3 billion to fund state affordable housing programs and $1 billion for the CalVet program, which provides mortgages to veterans.

All of the funding from the bond will be fully allocated by the end of 2023. Proposition 2 of 2018 authorized the state to issue $2 billion in General Obligations bonds against revenues from the Mental Health Services Act for purposes of funding the No Place Like Home Program (NPLH) NPLH. Those funds supported the construction of over 7,000 supportive housing units and the funds are now exhausted.

These investments, while critical, have not made up for decades of disinvestment at the federal level. Lawmakers argue that significant ongoing investments are necessary to meet the current undersupply of housing affordable to lower-income families.

Status
AB 1657 was introduced in February of 2023, among a host of other proposed statewide bond measures addressing funding issues related to climate resiliency, school facilities, and housing affordability. The bill progressed through the first house policy committee, Appropriations Committee, and Assembly Floor before being held in the Senate Appropriations Committee. 221
3 The Legislature will have until June 27, 2024 to decide the fate of this bond proposal and allow its passage onto the November ballot in order to meet deadlines associated with its printing and distribution from the Secretary of State.

Support
According to the author, “We cannot take our foot off the gas when it comes to our state’s affordable housing investments. Now is the time to double down on our commitment to solving California’s housing shortage. Even in a tight fiscal climate, the staggering need demands that we treat the crisis with the urgency it deserves. The Affordable Housing Bond Act of 2024 needs to be a priority among any bonds issued in the next year.” Entities in Support of AB 1657 include:

California Apartment Association
Friends Committee on Legislation of
California
Western Center on Law and Poverty
Abode Services
Valley Restart Shelter
Greenlining Institute
City of Long Beach
Metropolitan Transportation Commission
Self-Help Enterprises
Mercy Housing California
Non-Profit Housing Association of Northern
California
Housing California
California Housing Consortium
EAH Housing
California Housing Partnership Corporation
Riverside
Congregations Organized for Prophetic
Engagement (COPE)
City of Norwalk
California Faculty Association
City of Pleasanton
Catholic Charities of Santa Clara County
City of Alameda
City of Goleta
Tenderloin Neighborhood Development
Corporation
Legal Aid of Sonoma County
Community HousingWorks
LINC Housing
Hollywood Community Housing Corporation
MidPen Housing Corporation
Council of Community Housing
Organizations
California Climate and Agriculture Network
Resources for Community Development
East Bay Housing Organizations (EBHO)
Habitat for Humanity California
Habitat for Humanity of Greater San
Francisco
Many Mansions
Community Housing Improvement Systems
and Planning Association, Inc. (CHISPA)
Mutual Housing California
Los Angeles County Department of Mental
Health
Turning Point Community Programs
Corporation for Supportive Housing
North Valley Housing Trust
San Francisco Housing Development
Corporation
City of Foster City
Housing Trust of Silicon Valley
Association of Bay Area Governments
Kennedy Commission
Bay Area Community Resources
Devine & Gong, Inc.

Housing Authority of the County of Alameda
Community Land Trust Association of West
Marin
Empowering Pacific Islander Communities
Kitchens for Good
Evolve California
Housing Alliance
American Institute of Architects, Los
Angeles Chapter
Enterprise Community Investments, Inc.

Wakeland Housing and Development
Corporation
Santa Clara Methodist Retirement
Foundation
Alta Housing
Bay Area Local Initiatives Support
Corporation
Lift To Rise
222
4 Housing Action Coalition
ACLU California Action
East Palo Alto Community Alliance and
Neighborhood Development Organization
The San Francisco Housing Accelerator
Fund
Ascencia
Imagine LA
People's Budget Orange County
Housing Is a Human Right OC
The Kelsey
National Alliance to End Homelessness
Inland SoCal Housing Collective
CRP Affordable Housing and Community
Development
Jonathan Rose Companies
City of Redlands
Monterey County Renters United
FSY Architects, INC
CDR
Housing Land Trust of the North Bay
City Housing, INC.

A. Robbins Group
Behavioral Health and Recovery Services
Brighter Future Initiative
California Association of Local Housing
Finance Agencies (CAL-ALHPFA)
Change and New Beginnings
Colesworthy Real Estate Services
Curtis Development
Excelerate Housing Group
Gunkel Architecture INC.

Housing Authority of The City of San Luis
Obispo
Housing Claremont
Housing El Dorado
King and I Outreach Ministry
Lived Experience Advisers
Myall Consulting
Orange County Housing Trust
Strive Real Estate LLC
The Armony Companies
Ventura Social Services Task Force
Zen Development Consultants LLC
Opposition
The California Association of Realtors is the only entity registered in opposition. The organization maintains an oppose unless amended position, unless projects containing 1-4 units are exempted.
223
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 MEMO
To: City of Oakley
From: Townsend Public Affairs, Inc.

Date: April 9, 2024
Subject: Bill Analysis: AB 1033 (Ting)
AB 1033 (Ting) Accessory dwelling units: local ordinances: separate sale or conveyance.

Bill Information
The official text of AB 1033 can be found here.

Summary
AB 1033 allows cities and counties that have a local accessory dwelling unit (ADU) ordinance to allow ADUs to be sold separately or conveyed from the primary residence as condominiums.

Specifically, AB 1033:
• Authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU or ADUs as condominiums. Provides that any such ordinance must include all of the following requirements:
• The condominiums must be created pursuant to the Davis-Stirling Common Interest Development Act.
• The condominiums must be created in conformance with all applicable objective requirements of the Subdivision Map Act and all objective requirements of a local subdivision ordinance.
• Before recordation of the condominium map, a safety inspection of the ADU must be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
• Prior to the recordation of the condominium map, that written evidence of each lienholders consent, as specified, be provided to the county recorder. • The county recorder must record each lienholder's consent. 224
2 • Local agencies must include a notice to consumers outlining the requirements specified in d) and e) in any ADU submittal checklist, building permit approval, condominium map approval, or other information describing the requirements and approval process for an ADU.
• If an ADU is established as a condominium, the local government must require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
• Allows a local agency, special district, or water corporation to require an applicant to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, upon separate conveyance of the ADU. • Provides that an ADU must only be separately conveyed pursuant to these requirements or pursuant to the provisions for property built or developed by a qualified nonprofit corporation.

Background
California’s high — and rising — land costs necessitate dense housing construction for a project to be financially viable and for the housing to ultimately be affordable to lower-income households.

Yet, recent trends in California show that new housing has not commensurately increased in density. In a 2016 analysis, the Legislative Analyst’s Office (LAO) found that the housing density of a typical neighborhood in California’s coastal metropolitan areas increased only by four percent during the 2000s. In addition, the pattern of development in California has changed in ways that limit new housing opportunities. A 2016 analysis by BuildZoom found that new development has shifted from moderate but widespread density to pockets of high-density housing near downtown cores surrounded by vast swaths of low-density single-family housing. Specifically, construction of moderately-dense housing (two to 49 units) in California peaked in the 1960s and 1970s and has slowed in recent decades.

Recently, there has been a national trend to allow for more "gentle density" (e.g., ADUs, duplexes, four-plexes, townhomes, and other moderately dense developments that were common before the imposition of zoning). In recent years, the Legislature has taken a more active role in facilitating such gentle density. In 2016, AB 2299 (Bloom, Chapter 735, Statutes of 2016) and SB 1069 (Wieckowski Chapter 720, Statutes of 2016), permitted ADUs by right on all residentiallyzoned parcels in the state. By permitting an ADU as a second unit on all single-family lots, these laws effectively doubled their allowed density.

Prior to the Legislature requiring ministerial approval of ADUs in 2017, ADUs were less than one percent of permitted new construction. Now they are approximately 10%, at over 9,600 completed units in 2022. Additionally, because ADUs are typically smaller than the average home in a community, they tend to be more affordable than other market-rate units. A survey of ADU owners found that, in the Bay Area, ADUs rents were affordable to households making the median income.

Status
AB 1033 was chaptered into law during the 2023 Legislative Session and became effective January 1, 2024.

Support
225
3 According to the author, “The lack of home ownership opportunities in most California communities for working families is contributing to the State’s growing population of renters and driving families out of state so that they can buy a home. Many neighborhoods have become defacto gated communities, with median home prices of $700K to $1M keeping out all but a small percentage of Californians from ever dreaming of home ownership, reducing the state’s population and harming our economy. The absence of available homes for purchase at rates affordable to moderate-income working families bars wealth-building and housing stability for Californians harmed by historic discriminatory housing policies. By repealing the current law prohibiting the separate conveyance of ADUs, AB 1033 allows cities and counties the freedom to pursue homeownership programs and to create a path to wealth-building for families.” Entities in Support of AB 1033 include:

Bay Area Council (co-source)
Casita Coalition (co- source)
Abodu
Bequall
California Black Chamber of Commerce
California Community Builders
California State Association of Counties
City of San Jose
Community Build, Inc.

Coresgb, LLC
Council of Infill Builders
Decor Revolution
East Bay for Everyone
East Bay YIMBY
Facebook, Inc.

Farmworkers Institute of Education and
Leadership Development
Grow the Richmond
Ho9 Development
How to ADU
HPP Cares
Inland SoCal Housing Collective
Inspired ADUs
Jesse Miranda Center for Hispanic
League of California Cities Latino Caucus
LISC San Diego
Mayor of City & County of San Francisco
London Breed
Mayor of City of Oakland Sheng Thao
Meta
Mountain View YIMBY
Napa-Solano for Everyone
National Association of Hispanic Realtors
National Diversity Coalition
New California Coalition
Northern Neighbors SF
Oak Impact Group
Peninsula for Everyone
People for Housing - Orange County
Plus Home Construction
Progress Noe Valley
Rebuilding Green
Samara Living
San Francisco Bay Area Planning and
Urban Research Association
San Francisco YIMBY
San Luis Obispo YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
The Two Hundred
The Unity Council
Unidosus
Ventura County YIMBY
Villa
YIMBY Action
One individual
Opposition
Entities opposed to AB 1033 include:

California Association of Realtors
City of Eastvale
Community Associations Institute - California Legislative Action Committee 226
4 227

Oakley City CouncilApril 23, 2024

Oakley City Council
April 23, 2024