Oakley City Council
January 28, 2025

AGENDA

REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL

ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY

AND SPECIAL MEETING OF THE OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, January 28, 2025
6:30 PM
Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561.

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

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

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

Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road. Agendas are also posted on the City's Internet Website www.ci.oakley.ca.us.

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

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

If you require special accommodation, please call the City Clerk's office at (925) 625-7000 1 1. OPENING MATTERS

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

1.2 Pledge of Allegiance to the Flag (Nicholas Contreras, O'Hara Park Middle School Student)

1.3 Oakley Youth Advisory Council Presentation (Jeri Tejeda, Administrative Services Director)

2. PUBLIC COMMENTS

3. COUNCILMEMBER COMMENTS

4. CONSENT CALENDAR
before the meeting or contact City staff at the meeting.

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

Information Regarding Public Comment
Members of the public may address the Council on items of interest that are within the City's jurisdiction. In compliance with State law, the council may not take action or have discussion on any item that is not specifically listed on the agenda. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. Public comments on items listed on the agenda will be heard as the Mayor calls the items. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a public speaker card available in the lobby and submit it to the City Clerk seated in the Council Chamber prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comment. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. Online public comments are accepted until 5 p.m. the day of the meeting and can be submitted at https://www.ci.oakley.ca.us/online-public-comment-card/.

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

Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. The public may request to remove an item(s) to provide input by completing a public speaker card and submitting it to the City Clerk prior to the item(s) being called by the Mayor. 2 4.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held January 14, 2025 (Kim Snodgrass, City Clerk)

4.2 Report out of Closed Session Memo (Derek Cole, City Attorney)

4.3 Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Consulting Services Agreement with Sanbell to Provide Construction Support Services for the East Cypress Road Widening at CCWD Canal Crossing Project - Capital Improvement Project Number 310 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.4 Adopt a Resolution of the City Council of the City of Oakley to Request the Metropolitan Transportation Commission (MTC) for the Allocation of Fiscal Year (FY) 2025/26 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.5 Adopt a Resolution Authorizing the Countywide Bicycle Advisory Committee for Purposes of Reviewing and Prioritizing Transportation Development Act Article 3 (TDA) Grant Applications for Fiscal Year (FY) 2025/2026 on Behalf of the City of Oakley (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.6 Fiscal Year (FY) 2024/25 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer)

5. PUBLIC HEARINGS

5.1 Zoning Text Amendments – Carwash Highway Buffers (RZ 02-24) This is a City-initiated application requesting approval of a Rezoning (RZ 02- 24) consisting of zoning text amendments to amend Oakley Municipal Code (“OMC”) subsection 9.1.1238.c.6, a performance standard applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project”). (Ken Strelo, Community Development Director)
Minutes
Memo
Staff Report

1. Resolution

2. Sanbell Proposal
Staff Report

1. Resolution - MTC
Staff Report

1. Resolution - CBAC
Staff Report
3 California Environmental Quality Act (CEQA) Determination: Find the proposed ordinance is exempt from CEQA under 14 Cal. Code Regs./CEQA Guidelines Section 15061(b)(3)

6. REGULAR CALENDAR

6.1 Interview and Appoint Two Applicants to the Planning Commission for 2- Year terms Ending February 28, 2027. (Ken Strelo, Community Development Director)

6.2 Appeal of Hearing Officers Decision Regarding 61 Merganser Ct. (Kim Snodgrass, City Clerk)

6.3 Adopt a Resolution Approving and Establishing a Citywide Governance Policy for Elected Officials(Joshua McMurray, City Manager)

7. REPORTS

7.1 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(b) Requests for Future Agendas
1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Introduce the Ordinance Staff Report

1. Notice of Public Hearing

2. Planning Commission Resolution No. 9-24

3. Draft Ordinance
Staff Report

1. Applications (6 total)

2. Proposed Resolution
Staff Report

1. Administrative Citation, AC-24000457, 7/18/24

2. Request for Appeal of Administrative Citation and Request for Advance Deposit Hardship Waiver, 8/5/24

3. Approval of Hardship Waiver and Notice of Hearing, 8/9/24

4. Administrative Hearing Officer’s Decision, 8/22/24

5. Appeal of Administrative Hearing Officer’s Decision, 9/20/24

6. Notice of Hearing, 09/25/24

7. Notice of Rescheduled Hearing 10/7/24
Staff Report

1. Proposed Resolution
4 7.2 CITY MANAGER
(a) City Manager
(b) 2024 Annual Report

8. WORK SESSION

9. CLOSED SESSIONS

10. ADJOURN
(b) 2024 Annual Report
5 MINUTES OF THE REGULAR JOINT MEETING OF THE OAKLEY CITY

COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE

OAKLEY REDEVELOPMENTAGENCY/OAKLEY PUBLIC FINANCING AUTHORITY HELD JANUARY 14, 2025

1. OPENING MATTERS

1.0 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Shannon Shaw called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561. Vice Mayor Hugh Henderson and Councilmembers George Fuller, Aaron Meadows and Anissa Williams were also present.

1.1 Pledge of Allegiance to the flag
Maddison Leslie led the Pledge of Allegiance to the Flag.

1.2 Special Recognition to the Wright Family for winning the Great Christmas Light Fight
After a short video displaying their light show, Mayor Shaw introduced the Wright family and thanked them for bringing joy to our city.

2. PUBLIC COMMENTS
Public comments were provided by Louis Flores, Liz Elia, Bud Chaddock, JConr B. Ortega, Sharon Kuykendall, Nancy Huffaker, Paul Seger and Barry Margesson.

3. COUNCILMEMBER COMMENTS
Councilmembers Fuller and Williams provided comments.

Item 8.1 was moved before the Consent Calendar.

Mayor Shaw announced that item 8.1 was being continued to the February 11, 2025 meeting, but that Public Comments for the item were received and would be heard at this time.

Public Comments were provided by Robert Fierros, Julie Fierros, Michael Tays, Barry Clyde, and Mark Sargent.
6 CONSENT CALENDAR

4.1 Approve Minutes from the Special City Council Meeting held December 10, 2024 (Kim Snodgrass, City Clerk)

4.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting held December 10, 2024 (Kim Snodgrass, City Clerk)

4.3 Filing of Fiscal Year 2024/25 Annual Reports for the City’s Maintenance and Services Community Facilities Districts and Police Services Special Tax (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.4 Adopt a Resolution Amending the City's Proclamation Policy Requiring Requests be Submitted at least 45 days in Advance of the Date the Document is Needed (Kim Snodgrass, City Clerk)

4.5 Creating Zone 194 within the Oakley Special Police Tax Area consisting of the Burroughs Property project (Subdivision 9557) located at the northeast corner of East Cypress Road and Knightsen Avenue (APNs 032-081-025-2 and 032-081-026-0) (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.6 Adopt a Resolution Appointing Chalo Buckman as Representative to the Contra Costa County Advisory Council on Aging to fill a Vacancy Seat of which term expires 09/30/2025 (Kim Snodgrass, City Clerk)

4.7 Consideration of a Resolution of the Successor Agency to the Oakley Redevelopment Agency, approving the Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2025 through June 2026 (Jeri Tejeda, Administrative Services Director)

4.8 Adopt a Resolution Approving Contract Amendment Number 1 with Park Engineering, Inc. for On-Call Consulting Services Related to Construction Management and Inspection Services for Fiscal Year 2024/25 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.9 Resolutions of the City Council of Oakley (1) Authorizing Execution of a Purchase and Sale Agreement with the County of Contra Costa, (2) Accepting a Grant Deed in Accordance with this Agreement Conveying to the City of Oakley Certain Real Property (035-131-003); and (3) Accepting a Correction Deed (Derek Cole, City Attorney)

4.10 Consideration to Adopt a Resolution Approving an Amendment to the Salary Schedule for Fiscal Year 2024/2025 and Authorizing the Removal of Specific Job Classifications (Jeri Tejeda, Administrative Services Director) 7 4.11 Adopt a Resolution Authorizing the City Manager to Execute a License Agreement of City Property for Cattle Grazing (APN 037-080-023) (Derek Cole, City Attorney)
Councilmember Fuller pulled items 4.1, 4.2 and 4.9.

Councilmember Meadows mentioned he would recuse himself from item 4.9.

Vice Mayor Henderson mentioned he would recuse himself from item 4.11.

It was moved by Councilmember Williams and seconded by Councilmember Meadows to approve the balance of the Consent Calendar. Motion was unanimous and so ordered (5-0) Item 4.1 and 4.2
Councilmember Fuller mentioned the minutes are incomplete and he will vote no.

It was moved by Councilmember Meadows and seconded by Vice Mayor Henderson to Approve items 4.1 and 4.2. Ayes: Henderson, Meadows, Shaw, Williams. Noes: Fuller (4-1) Item 4.9
Councilmember Meadows recused himself.

City Manager Joshua McMurray responded to questions from Councilmembers Fuller and Williams.

It was moved by Councilmember Fuller and seconded by Councilmember Williams to approve item 4.9. Ayes: Fuller, Henderson, Shaw, Williams Recused: Meadows (4-0-1) Item 4.11
Vice Mayor Henderson recused himself.

It was moved by Councilmember Meadows and seconded by Councilmember Williams to approve item 4.11. Ayes: Fuller, Meadows, Shaw, Williams Recused: Henderson (4-0-1)

5. PUBLIC HEARINGS
None

6. REGULAR CALENDAR

6.1 Adopt a Resolution Declaring two (2) Properties as "Surplus" and Direct Staff to Provide the Notices Required by AB 1255 and AB 1486 (Joshua McMurray, City Manager)
8 Councilmember Meadows recused himself.

City Manager Joshua McMurray presented the report.

Mr. McMurray responded to questions from Councilmember Williams.

It was moved by Councilmember Fuller and seconded by Vice Mayor Henderson to approve item 6.1. Ayes: Fuller, Henderson, Shaw, Williams Recused: Meadows (4-0-1)

6.2 Consider a Request by the City of Antioch to enter into an Inter-Agency Agreement for Temporary Police Officer Services and Authorize the City Manager to sign the Agreement (Paul Beard, Chief of Police) Police Chief Paul Beard presented the report.

Chief Beard responded to questions from Councilmembers Williams, Fuller, Meadows and Vice Mayor Henderson.

It was moved by Councilmember Meadows and seconded by Councilmember Williams to approve item 6.2. Motion was unanimous and so ordered. (5-0)

6.3 Strategic Plan Review (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the report.

REPORTS

7.1 CITY MANAGER
(a) City Manager
(b) Business License Update
Mr. McMurray reported there will be a Day of Service on April 12, he mentioned he is still doing research to provide a response to two questions brought up at the previous meeting regarding the Carol Lane Apartments, and he mentioned the December New Business License update is attached to the agenda packet.

7.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
9 Councilmember Meadows reported he attended CCTA, he mentioned the City decorations were great and he thanked staff.

Vice Mayor Henderson reported he attended the CCC Habitat Conservatory Meeting, Ironhouse Sanitary District Meeting, Friday Night Bites, and the Mayors Conference.

Councilmember Williams reported she attended: the Yellow Roof Foundation Ribbon Cutting, the Tri Delta Transit Meeting, the Delta Protection Commission Meeting, the Ribbon Cuttings for Bubble Tea Boba Shop and Rancho Co-op, the Library Sub Committee Meeting and the Opioid Awareness Community Forum. She reported she attended the swearing in for County Supervisor Shanelle Scales-Preston, was appointed the alternate for State Senator Chris Cabaldon for the Contra Costa Central Committee and she attended the Mayors Conference.

Councilmember Fuller reported he attended the Yellow Roof Foundation Ribbon Cutting.

Mayor Shaw reported she attended the Yellow Roof Foundation Ribbon Cutting, the Tri Delta Transit Meeting, Cal Cities East Bay Board Planning Retreat, and a Cal Cities East Bay Division Holiday Reception; she invited Councilmembers to attend the next meeting.

She mentioned she participated in the Rotary food and toy distribution, she attended the New Officer swearing in, the retirement breakfast for Libby [Vreonis] and the Tri Delta Holiday Party, The Rancho Co-op ribbon cutting and the Library stakeholder meeting, the Opioid Awareness event, the farewell celebration for Federal Glover, the celebration for Shanelle Scales-Preston for all her years of Service and her swearing in event, and the new Brentwood Councilmembers post-election celebration. She mentioned she attended the Mayor’s Conference and the official swearing in for Shanelle Scales-Preston, Diana Burgis and Candace Anderson and the reorganization lunch for County Supervisors. (b) Requests for Future Agendas
Mayor Shaw requested a future agenda item for a Governance Policy now that we have transitioned to districts. Councilmember Williams stated she was in favor of that.

8. WORK SESSIONS

8.1 Cedarwood Estates Preliminary General Plan Amendment (PA 03-24) - Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of a 14.41-acre parcel from Residential Very Low (RV) to Residential Low/Medium (RLM) (Evan Gorman, Associate Planner) Item 8.1 was continued to February 11, 2025.
10 9. CLOSED SESSION

9.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph of subdivision (d)(2) of Section 54956.9: One potential case
Mayor Shaw announced the closed session item.

10. ADJOURN
There being no further business, the meeting was adjourned at 8:40 p.m.

Respectfully submitted.

Kim Snodgrass
City Clerk
11 MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Date: January 15, 2025
To: Mayor and City Councilmembers
From: Derek P. Cole, City Attorney
CC: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
For Consideration at the City Council Meeting of January 28, 2025 Background and Analysis
The City Council considered the following closed session item during its regular meeting held November 12, 2024:

CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph of subdivision (d)(2) of Section 54956.9: One potential case
On motion by Councilmember Meadows and second by Mayor Shaw, the City Council voted unanimously to approve a settlement with former City employee Brent Smith, who filed a government claim with the City on April 9, 2024. The details of the settlement are as reflected in a written settlement agreement the parties have agreed to execute.

Fiscal Impact
None.

Recommendation
Receive and file this report.

Attachments
None.
12 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution approving the proposal from Sanbell, and authorizing the City Manager to execute Amendment Number 2 to the Consulting Services Agreement with Sanbell for additional design services related to the East Cypress Road Widening at Contra Costa Water District (CCWD) Canal Crossing Project – Capital Improvement Project 310 Background and Analysis
The City’s adopted Fiscal Year (FY) 2024/25 Capital Improvement Program (CIP) Budget which designates funding for various infrastructure repair and replacement projects. This is consistent with the City’s goals to improve the quality of the City’s public infrastructure and to enhance the quality of life for our residents.

The improvements to East Cypress Road have been a key part of the City’s CIP program as established by the City Council, and a priority for the community to accommodate the growing needs of the residents of the East Cypress Road corridor.

CIP 310 is the most complex and complicated segment of the East Cypress Road improvement project and covers the area just west of the CCWD canal to the east of Jersey Island Road. This project not only involves the undergrounding of the existing CCWD canal, but also all the roadway and utility infrastructure improvements.

On February 13, 2024, the City Council awarded an engineering design agreement with Sanbell, formerly Bellecci and Associates, Inc. for the engineering design for the widening and improvements of East Cypress Road at the CCWD canal, undergrounding of the canal, and improvements to the intersection of East Cypress Road at Jersey Island Road.

During the past year, the design team of the Public Works engineering staff along with Sanbell engineers and CCWD staff has been working expeditiously on the engineering design for the widening and improvements of East Cypress Road at the CCWD canal, undergrounding of the canal, and widening the intersection of East Cypress Road and the Jersey Island Road intersection. The design for the widening of the East Cypress Road project, across all of its phases, is on the fast track to meet the timeliness and commitments that have been made to the delivery of the improvements.

The scope of CIP 310 evolved over the past year as the design team worked on all the complex details of the project in close coordination with CCWD, and additional design work needed to be done to keep the project schedule on track.

Approved and
Forwarded to the
City Council
13 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US On November 12, 2024, the City Council approved Amendment Number 1 with Sanbell for additional engineering design services for the widening and improvements of East Cypress Road at the CCWD canal, undergrounding of the canal, and improvements to the intersection of East Cypress Road at Jersey Island Road.

This project went through its bidding process and a construction contract was awarded to Sukut Construction, LLC on December 10, 2024. The construction of this project is anticipated to start in spring 2025 and will be completed by fall 2026.

The critical element of this project is the undergrounding of the CCWD canal while keeping the East Cypress Road operational and open to traffic. As a result of extensive coordination with CCWD staff and adhering to the specific requirements that CCWD has for the undergrounding of the canal, further design services are required from Sanbell which is needed to accommodate CCWD requirements and modification to the project that are outside of the scope of contract by Sanbell.

A key new element of this project is to use steel pipe instead of concrete pipe for the canal undergrounding, since the pipe manufacturers informed the staff that they could not produce the concrete pipe that would adhere to project specifications. Use of steel pipes will require the addition of the Cathodic protection system to prevent corrosion of the pipe and many other buried or submerged steel metallic structures. The Cathodic protection system is a common method used in various industries that uses a low electrical current to prevent corrosion of metal structures such as pipelines, tanks, and steel-pier piles. it has been used since the 1930s. Over time, it has proven so effective that it is now required as a standard pipeline protective safety measure.

City staff in coordination with CCWD staff have worked with Sanbell over the past several weeks to finalize the proposal for additional design services that were necessitated for the project bidding and construction.

The Public Works engineering staff will continue to work on the other phases of CIP 310, which includes all the roadway widening and improvements and the installation of all new underground utilities which is anticipated to go into construction in summer 2025.

Consistency with the Oakley Strategic Plan 27+
The approval of this agreement is consistent with the Oakley Strategic Plan under our Community Health and Safety Goal to provide safe streets in our City. East Cypress Road is a critical segment in the Oakley roadway infrastructure network that will serve existing and future communities in the eastern portion of the City. 14 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
The funding for the design of this project has been included in the Capital Improvement budget for FY 2024/25 and is spread between several funding sources, including Traffic Impact Fees, General Capital Projects and Street Rehabilitation funds.

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving Amendment Number 2 to the Consulting Services Agreement with Sanbell, to provide additional design services for East Cypress Road Widening at CCWD Canal Crossing Project – CIP 310 and to authorize the City Manager to execute the contract amendment for a not to exceed additional amount of $322,985.

Attachments
1) Resolution
2) Sanbell Proposal
15 Resolution No. __-25 Page 1
RESOLUTION NO. __-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY
APPROVING THE DESIGN CONTRACT AMENDMENT 2 WITH SANBELL FOR

THE WIDENING AND IMPROVEMENTS TO EAST CYPRESS ROAD AT THE CONTRA COSTA CANAL CROSSING PROJECT, CIP 310
WHEREAS, On February 13, 2024, the City Council approved the design contract with Sanbell, for Capital Improvement Project (CIP) Number 310 East Cypress Road Widening at Contra Costa Water District (CCWD) Canal Crossing Project. A major component of this project is to underground the existing canal to accommodate the ultimate roadway and utility improvements of East Cypress Road; and,
WHEREAS, On November 12, 2024, the City Council approved the contract Amendment Number 1 with Sanbell, for additional design services for this project; and,
WHEREAS, the Public Works engineering staff have been working with the Sanbell engineers on the design of this project in close coordination with CCWD to keep the project moving forward; and,
WHEREAS, the scope of CIP 310 design evolved during the bidding and construction award phase as the design team worked on all the complex details of the project that included additional design, and preparation of Cathodic protection system design; and,
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley approving Amendment 2 of the design agreement for an additional $322,985 with Sanbell associated with CIP Number 310 – East Cypress Road Widening Project at CCWD Canal Crossing and to authorize the City Manager to execute the agreement, with the proposal attached hereto as Exhibit A is made part of this resolution.

PASSED, APROVED AND ADOPTED by the City Council of the City of Oakley at a meeting held on this 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_________________________
Shannon Shaw, Mayor
16 Resolution No. __-25 Page 2
ATTEST:
_______________________
Kim Snodgrass, City Clerk Date
17 December 30, 2024

VIA EMAIL
Ms. Billilee Saengchalern, P.E., T.E.

Engineering Manager-City of Oakley
3231 Main Street
Oakley, CA 94561
Email: [email protected]
Subject: CIP 310 – East Cypress Road Widening at CCWD Canal Crossing Project Additional Services Request
Dear Ms. Saengchalern,
We are writing to you regarding the East Cypress Road (ECR) CIP 310 project to request your consideration for additional services budget. We request additional fees for services not originally in our contract budget:

1. Bid Support including Addendum + Bid Set Revisions + Conformed Set prior to construction

2. Construction Support for Segment 5A from January 2025 through October 2025 a. Review Submittals
b. Respond to RFI
c. Coordination with Structural Engineer for Junction Structure d. Coordination with Structural Engineer for temporary support wall e. Attend Kick-off Meeting with Contractor and attend monthly one meeting.

3. Attending Bi-weekly Meetings with City and Contra Costa Water District from November 2024 through October 2025.

4. Attending Bi-weekly meetings with US Bureau of Reclamation from November 2024 through May 2025.

We have also included

5. Additional bidding and construction support services as well for the Roadway CIP 310 project

6. Additional services needed during 2026-2027 for engineering support during construction.

Please see attached for your review of our proposed budget spreadsheet. We appreciate your time in evaluating our fee request. If you have any questions or comments, please feel free to contact me or Anoop Reddy Admal, PE at 925.685.4569
Sincerely,
Daniel Leary, PE PTOE QSD
18 City of Oakley, CA
East Cypress Road - CIP 310
Additional Services Request #2 - Bid and Construction Support Services Total
$280 $247 $218 $179 $165 $161 $179 $247 LS Fee LS Fee LS Fee LS Fee LS Fee LS Fee 1 Bid Support including Addendums + Bid Set Revisions + Conformed Set 4 24 40 60 128 $24,108 $6,500 $6,500 $0 $1,300 $38,4082 Construction Support for Segment 5A (from Jan 2025-Oct 2025) 12 48 60 84 128 332 $64,452 $8,500 $12,500 $21,500 $0 $4,250 $111,2023 Attending Bi-Weekly Meetings with CCWD (thru Oct 2025) 40 40 $9,880 $0 $0 $9,8804 Attending Meetings with USBR (thru May 2025) 32 32 $7,904 $0 $0 $7,9045 Bidding and Construction Support for Roadway CIP 310 Project (Feb 2025-April 2026) 8 50 70 90 140 358 $64,510 $8,230 $3,500 $1,500 $600 $0 $1,383 $79,7236 Allowance for Additonal CA for 2026 Seg 5A and 2026- 2027 CIP 310) + System Checkout for Corrosion 6 44 80 160 80 370 $69,268 $6,000 $0 $600 $75,868 30 238 140 194 438 220 0 0 1260 $240,122 $8,500 $8,230 $3,500 $26,500 $28,000 $600 $0 $7,533 $322,985 Notes:Distribution of Hours may vary during the performance of the servicesBilling rates will have 3.5% escalation at each calendar year Survey
Tech III
MPB Design
(Signal &
Lighting
Design)
Earth Calc
(Earthwork
Volumes)
JDH
Consultants
(Corrosion
Control)
Gates
(Planting and
Irrigation)
T&S Structural
(Junction
Structure)
Prof. Eng
I Eng II Total
Hours
Prin Eng
II Prin Eng I Eng I Assist Eng I
BMA Structural
Engineering
(Shoring and
Retaining Wall)

EXHIBIT A
Task Task Description Total Fee Other Direct Costs
12/30/2024
10% Sub
Mark Up
Prof Land
Surv Total Bellecci
Labor Costs
19 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E, Public Works Director/City Engineer SUBJECT: Adopt a Resolution of the City Council of the City of Oakley to Request the Metropolitan Transportation Commission (MTC) for the Allocation of Fiscal Year (FY) 2025/26 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding
Background and Analysis
On an annual basis, MTC allocates funding under TDA Article 3 funds to San Francisco Bay Area municipalities for the purposes of funding pedestrian and bicycle facility improvement projects. TDA funds are acquired from statewide retail and gas sale taxes. “Article 3” refers to the portion of the Act involving pedestrian and bicycle projects.

MTC has not yet released the estimated bid target for Contra Costa TDA Article 3 funds for FY 2025/26, but last year’s total allocation was approximately $1,100,000.00, which was available for municipalities to apply for on their respective projects. Eligible projects may include pedestrian and bicycle crossing improvements, construction of new bicycle facilities, and development of bicycle safety education programs. The main objectives of the TDA grant program are to increase the safety and efficiency of bicycles and pedestrians who travel within a municipality’s transportation network.

MTC requires that each county and city have a Bicycle Advisory Committee (BAC) to review and prioritize TDA Article 3 projects and to participate in the development and review of comprehensive bicycle plans. However, since not every city has the local resources to form and operate its own BAC, MTC allows local agencies to apply for an exemption from TDA Article 3 BAC requirement, if the local agency identifies their respective countywide BAC as its representative body (in place of a local BAC) for the review of the TDA Article 3 funded projects. The City of Oakley has requested that the Contra Costa County BAC represent the City to review the City’s TDA Article 3 grant application.

The City of Oakley has identified a project and is currently preparing a grant application to receive TDA Article 3 funds. The project has the following components:
 Solar powered rapid flashing beacon system at the Norcross Lane crossing fronting Oakley Elementary School. This crossing system is similar to the other solar powered flashing beacons that the City already has in operation at a crosswalk on East Summer Lake Drive at Summer Lake Elementary School.
 Installation of a bulbout at the pedestrian -crossing on Norcross Lane fronting Oakley Elementary School. Bulbouts enhance pedestrian safety by increasing pedestrian visibility, shortening crossing distances, and visually narrowing the roadway which Approved and
Forwarded to the
City Council
20 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US encourage motorists to slow down. This bulbout will be similar to the bulbout and crossing system constructed at the midblock crossing on Duarte Avenue. This bulbout will also accommodate cyclists.
 Additional roadway striping and signage on Norcross Lane near the pedestrian crossing and school parking lot to improve safety for pedestrians and bicyclists.  Upgrade curb ramps to meet Americans with Disabilities Act (ADA) requirements.

Over the years, staff have made an effort to coordinate with various schools in Oakley to determine the needs to improve bicyclist and pedestrian safety. This year, our focus is to review and improve the infrastructure surrounding Oakley Elementary School. Staff will be submitting the City of Oakley’s TDA Article 3 final application by January 30th to the County for submittal to MTC with the support of the City Council.

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

Fiscal Impact
Approval of the resolution would allow the City to submit the final application for MTC’s TDA Article 3 grant to request $60,000.00 to fund the project. A 10 percent local match is required as part of this grant process. If awarded by MTC, the City would allocate approximately $6,000 of local matches to support this project.

Staff Recommendation
Staff recommend that the City Council adopt the resolution authorizing the Public Works Director to submit the grant application for $60,000.00 for TDA Article 3 grant for the Norcross Lane Safety Improvement Project at Oakley Elementary School.

Attachments
Attachment 1. Resolution
Attachment A. Findings
Attachment B. TDA Article 3 Preliminary Application

21 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us 22 Resolution No. __-25 Page 1 of 12
RESOLUTION NO. __-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY TO REQUEST THE ALLOCATION OF FISCAL YEAR 2025/26 FROM THE METROPOLITAN

TRANSPORTATION COMMISSION (MTC)
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the CITY OF OAKLEY desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
THEREFORE, BE IT RESOLVED, that the CITY OF OAKLEY declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and
FUTHUREMORE BE IT RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the CITY OF OAKLEY to carry out the project; and FUTHUREMORE BE IT RESOLVED, that the project has been reviewed by the countywide Bicycle Advisory Committee and has been approved by MTC to use the countywide BAC and the countywide BAC provides for expanded representation of CITY OF OAKLEY and the designated representative is familiar with the bicycle and pedestrian needs of CITY OF OAKLEY; and
FUTHUREMORE BE IT RESOLVED, that the CITY OF OAKLEY attests to the accuracy of and approves the statements in Attachment A to this resolution; and 23 Resolution No. __-25 Page 2 of 12
FUTHUREMORE BE IT RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of CONTRA COSTA COUNTY for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

PASSED, APPROVED AND ADOPTED this 28th day of January 2025 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
24 Resolution No. __-25 Page 3 of 12

ATTACHMENT A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025/26 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings

1. That the CITY OF OAKLEY is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the CITY OF OAKLEY legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the CITY OF OAKLEY has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the CITY OF OAKLEY within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project. 25 Resolution No. __-25 Page 4 of 12

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the CITY OF OAKLEY agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.
26 Resolution No. __-25 Page 5 of 12

ATTACHMENT B
Metropolitan Transportation Commission
Transportation Development Act Article 3 Funds: Bicycle and Pedestrian Projects City of Oakley Application: Norcross Lane Safety Improvement Project at Oakley Elementary School
TDA Article 3 Project Application Form

1. Agency City of Oakley

2. Primary Contact Kevin Rohani, Public Works Director/City Engineer

3. Mailing Address 3231 Main Street, Oakley CA 94561

4. Email Address [email protected] 5. Phone Number 925-625-7003

6. Secondary Contact (in
the event primary is
not available)
Brianne Visaya, Assistant Engineer

7. Mailing address (if
different) N/A⊠

8. Email Address [email protected] 9. Phone Number 915-625-7154

10. Send allocation
instructions to (if
different from above):

Kevin Rohani, [email protected], 925-625-7003
3231 Main Street, Oakley CA 94561

11. Project Title Norcross Lane Safety Improvement Project at Oakley Elementary School

12. Amount requested $50,000.00 (City to provide
10% matching funds)

13. Fiscal Year of
Claim
2025
27 Resolution No. __-25 Page 6 of 12

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

The proposed project scope will include design, site preparation, traffic control, and construction.

The City is positioned to provide a minimum 10% local match. City staff will coordinate with Oakley Elementary and the Oakley Unified School District to construct these improvements.

A detailed description of the project location is provided at the end of this document in Attachment A.

The proposed project will improve safety at Oakley Elementary School in the City of Oakley. Oakley Elementary School teaches 5,059 students. Oakley Elementary School’s students, parents, employees, and bus operations use multi-use trails, sidewalks, crosswalks, and roadways to transport students to and from the elementary school. The proposed safety improvements will be beneficial to multi-users including pedestrians, bicyclists, and ADA accessibility.

The improvements include the installation of bulbouts at a pedestrian crossing in one location on Norcross Lane. Currently, it is difficult for pedestrians to make cautious crossings due to poor visibility to the school when Norcross Lane allows for cars to park on both sides of the street. Adding these bulbouts will aid with visibility for crosswalk users to navigate the area safely. Signage will be installed to clearly state the location of the pedestrian crossing. Trees and foliage surrounding the signs will be appropriately maintained to allow for clear and unobstructed views for pedestrians, cyclists, and motorists. Additional improvements will include modifying the bus drop off zone and school parking lot curb and sidewalk to mitigate tripping hazards and unwarranted pedestrian crossings. These improvements will also follow Americans with Disabilities Act (ADA) Standards for Accessible Design to support our Oakley residents with visual, hearing, or manual impairments. The Oakley Elementary School Parking Lot will have five wheel stops and a curb installed to ensure the sidewalk is clear and prevent parking lot vehicles from protruding into the pedestrian path of travel.

This proposed project will be completed in Summer 2025 during summer break. The school’s summer break session begins the first week of June and ends the end of July. Enhanced safety is vital for our community, especially at our public-school locations, and this project will enhance the quality of life for the students, parents, employees, bus operations, and local neighborhood. 28 Resolution No. __-25 Page 7 of 12
Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community?
Yes⊠ No☐

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No⊠

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation).

Yes☐ No⊠
B. Has the project been approved by the claimant's governing body? If "NO," provide expected date: January 30, 2025
Yes☐ No⊠
C. Has this project previously received TDA Article 3 funding? (If "YES," provide an explanation on a separate page)
Yes☐ No⊠
D. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? Yes⊠ No☐
E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Existing Facility?
Yes⊠ No☐
Project
Phase
TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
Bike/Ped
Plan
ENV
PA&ED
PS&E 5,000 5,000 10,000 Spring 2025
ROW
CON 40,000 40,000 Summer 2025
Total Cost 45,000 5,000 50,000
29 Resolution No. __-25 Page 8 of 12

2. If “NO” above, is the project is exempt from CEQA for another reason? Cite the basis for the exemption. __________________________
Yes☐ No☐
N/A☐
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): December 2025 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☐ No⊠
the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☐ No⊠
If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here:
https://mtc.ca.gov/planning/transportation/complete-streets 30 Resolution No. __-25 Page 9 of 12
2025-2026 Transportation Development Act (TDA) Article
Norcross Lane Safety Improvement Project at Oakley Elementary School

PROJECT DESCRIPTION & PHOTOS
Photo 1. Southeast corner of the Oakley Elementary Parking Lot The southeast corner of the Oakley Elementary School Parking Lot (Photos 1, 2, 4, and 5), as it exists, is not cohesive, not ADA compliant, and pose tripping hazards for its students, parents, and employees. By removing the AC berm, widening this corner, and installing sidewalk with two ADA curb ramps, will connect the two existing crosswalks and providing additional protection for the crosswalk and handicap parking users.

Photo 2. Southeast corner of the Oakley Elementary Parking Lot with Norcross Lane 31 Resolution No. __-25 Page 10 of 12
Photo 3. Bus Drop Off Loading Zone in front of Oakley Elementary School Photo 4. Entrance of the Oakley Elementary School Parking Lot The front of Oakley Elementary School is the location of the Bus Drop Off Loading Zone (Photo 2).

Although the additional curb behind the curb ramp is painted yellow, this curb is a tripping hazard for students. The proposed project includes removing this curb and matching the sidewalk grade with the existing curb ramp to mitigate the safety concern. 32 Resolution No. __-25 Page 11 of 12
Photo 5. Entrance of the Oakley Elementary School Parking Lot Photo 6. Norcross Lane (North Bound)
Photos 5 and 6 show Norcross Lane during Oakley Elementary School’s pick-up hour. Norcross Lane allows for parking both sides of the roadway for parents and the neighborhood residents.

This allowance makes it difficult for crosswalk users in Photos 7 and 8, to make cautious decisions to cross, when visibility is poor. The addition of the bulbout and the relocation of the MUTCD S1-1 School Crosswalk Sign will alert drivers of the crosswalk and help crosswalk users to safely cross Norcross Lane. Adding saw tooth striping with “Yield Here to Pedestrians” signs will help keep the intersection clear.
33 Resolution No. __-25 Page 12 of 12
Photo 7. Norcross Lane (South Bound)
Bulbouts will reduce crosswalk length and improve pedestrian safety. Bulbouts will also improve visibility with cars parked adjacent to the crosswalk.

Photo 8. Norcross Lane Crosswalk in front of Oakley Elementary School 34 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Authorizing the Countywide Bicycle Advisory Committee for Purposes of Reviewing and Prioritizing Transportation Development Act Article 3 (TDA) Grant Applications for Fiscal Year (FY) 2025/2026 on Behalf of the City of Oakley
Background and Analysis
TDA Article 3 grant program was formed under the Public Utilities Code Section 99200, the purpose of which is to fund projects for the benefit of bicyclists and pedestrians in California.

Each year the Metropolitan Transportation Commission (MTC) informs municipalities of the TDA Article 3 grant and invites all interested agencies to apply for this grant. Eligible projects can include pedestrian and bicycle safety improvements and the development of bicycle safety education programs. The main objective of the TDA Article 3 grant program is to increase the safety and efficiency of pedestrian and bicycle movements and encourage alternative modes of transportation.

MTC requires that each municipality to have a Bicycle Advisory Committee (BAC) to review and prioritize TDA Article 3 projects and to participate in the development and review of comprehensive bicycle plans. However, not every agency has the local resources to form and manage its own BAC. MTC is allowing local agencies to apply for an exemption from the TDA Article 3 BAC requirement if the local agency identifies a countywide BAC as its representative for the review of all TDA Article 3 funded projects.

Each of the members of the Contra Costa County Board of Supervisors has appointed a representative to the BAC, who in turn represents the municipalities within each district. As the City of Oakley falls within County Supervisorial District 3, the County BAC representing District 3 can provide adequate representation of the City of Oakley on the County BAC, for reviewing the City’s submitted TDA Article 3 grant application: thus, allowing the County BAC to serve as the recommended BAC committee for City of Oakley.

Staff believe that the County BAC will provide adequate representation and support for the City of Oakley projects.

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

Approved and
Forwarded to the
City Council
35 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Fiscal Impact
The TDA Article 3 funds are an excellent funding source for bicycle and pedestrian improvement projects and securing such funding which has no local match requirement is very important to the City. The TDA Article 3 grant funding will be put in jeopardy if the City does not formally designate the County BAC as its review committee for TDA Article 3 funds and apply for exemption to the MTC City BAC requirement.

Staff Recommendation
Staff recommend that the City Council adopt the resolution identifying the County BAC as the City’s review body for all projects seeking and utilizing TDA Article 3 funds for FY 2025/2026, thus meeting the criteria for the City to apply for exemption to MTC from its city requirement.

Attachments
Attachment 1. Resolution
36 Resolution No. __-25 Page 1 of 2
RESOLUTION NO. __-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING

THE COUNTYWIDE BICYCLE ADVISORY COMMITTEE FOR PURPOSES OF

REVIEWING AND PRIORITIZING TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 (TDA) GRANT APPLICATIONS FOR FISCAL YEAR (FY) 2025/26 ON

BEHALF OF THE CITY OF OAKLEY
WHEREAS, Article 3 of the Transportation Development ACT (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation agency for the San Francisco bay region, has adopted MTC Resolution No. 4108 entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay Region; and
WHEREAS, MTC’s policies and procedures for the TDA Article 3 funding requires input from local bicycle groups and for the FY 2025/2026 funding cycle permitted such input to be provided by the Countywide Bicycle Advisory Committee (CBAC), for municipalities without a local Bicycle Advisory Committee; and
WHEREAS, the CBAC includes representatives from each Contra Costa County jurisdiction; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oakley that the Countywide Bicycle Advisory Committee is hereby designated to act as the Local Bicycle Advisory Committee as the review body and designates the District 3 representative as the CBAC’s representative for the City of Oakley, for the review and prioritization of Transportation Development Act Article 3 applications for FY 2025/2026.

This designation is limited to the above-stated purpose and does not preclude the City of Oakley forming a local Bicycle Advisory Committee at a future date.

PASSED AND ADOPTED by the City Council of the City of Oakley at a meeting held on the 28th of January 2025 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:
37 Resolution No. __-25 Page 2 of 2
APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
______________________ ___________
Kim Snodgrass, City Clerk Date
38 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Fiscal Year (FY) 2024/25 Second Quarter Report on the Capital Improvement Program
Background and Analysis
This report summarizes the status of the various projects in the City of Oakley Capital Improvement Program (CIP) at the end of the Second Quarter for FY 2024/25.

The City's CIP is a multi-year forecast of capital needs that includes new construction projects and planned improvements to existing facilities. The CIP establishes structure by identifying, prioritizing, approving, and funding capital improvement projects. Since the demand for capital projects typically exceeds the amount of available funds, projects are prioritized based on the City Council’s Strategic Goals.

The following highlights some of the projects and their progress in the Second Quarter of FY 2024/25 (October-December 2024):

1. Oakley Regional Community Park Project
Project # 176
Schedule: Project Master Planning is underway
Budget: $0
Funding Source:

This project transforms a 55-acre site at the end of Sellers Avenue that was given to the City as part of the development agreements with the Emerson, Gilbert, and Burroughs development projects. This site had several deteriorated structures related to a dairy farm that had been closed for decades. The first phase of this project was to demolish and remove the abandoned structures, which were a safety concern, and to clean up the site. This task was accomplished in the summer of 2019. In March of 2021, the City applied for a State Proposition 68 grant to fund the first phase of this project and did not qualify for the grant. The construction of the Oakley Regional Park will span several years as funding is secured through a combination of Grants and local funds. A new Master Planning study of this site was prepared and approved by the City Council in spring 2024. The study outlined the community and City Council preferences on the features that this park would have and will be used to pursue grant funding for the implementation of this park master plan over the coming years.

Approved and
Forwarded to the
City Council
39 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us

2. East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project Project # 247
Schedule: Construction is underway
Budget: $11,180,000
Funding Source: Traffic Impact Fee Fund, Gas Tax, RMRA, Measure J The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic volumes on this road. This project will widen and improve East Cypress Road from Knightsen Avenue to west of Jersey Island Road. The improvements will include a curb, gutter, sidewalk and a median island. The construction of this project is underway, and it is anticipated to be completed by fall 2025.

4. Irrigation Well Installation at City’s Freedom Basin Project Project # 265
Schedule: Construction is underway
Budget: $400,000
Funding Source: Public Facilities and Park Impact Fee Fund This project will install a new irrigation well adjacent to O’Hara Avenue next to the City owned storm drain basin, more commonly known as Freedom basin. This new well will provide the City with an independent, stable, and continuous source of water to irrigate the large field that is used by an assortment of leagues for sporting activities.

The existing well used to irrigate the field is owned and operated by the High School District, and due to its continuous breakdowns, this well is not a reliable source to provide the massive amount of irrigation water needed for this field. It is anticipated that the construction work will be completed by spring 2025.

5. Laurel Road Extension Project (Teton Road to Sellers Avenue) Project # 273
Schedule: Design is underway
Budget: $360,000
Funding Source: Traffic Impact Fee Fund
40 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us This Project will extend Laurel Road from Teton Road to Sellers Avenue, providing an alternate and much needed secondary route for the residents of far east Oakley along East Cypress Road. Currently, the only major access in and out of far east Oakley is via East Cypress Road. This current route along East Cypress Road passes by an elementary and middle school and crosses the Burlington Northern Santa Fe (BNSF) railroad tracks. Traffic volumes have increased over the years and continue to grow with the new housing developments in far east Oakley. Extending Laurel Road from Teton Road to Sellers Avenue will provide much-needed direct access to Highway 4 and job centers in the Bay Area and reduce traffic congestion from East Cypress Road.

This project will construct a new bridge across the BNSF railroad tracks and construct a new 4-lane roadway with curb, gutter, sidewalk, medians, and streetlights. In addition, a new traffic signal will be constructed at the intersection of Laurel Road and Sellers Avenue. The preliminary design of this project is completed. Staff will be working on the Right of Way acquisition process and securing funding for the construction of this project, which is estimated to be nearly $40M.

6. Laurel Road Widening Project (O'Hara Avenue to Cloverbrook Avenue) Project # 280
Schedule: Construction is underway
Budget: $9,227,000
Funding Source: Traffic Impact Fee Fund, ARPA, Streets Rehab Fund, RMRA Laurel Road from O'Hara Avenue to Cloverbrook Avenue is the last section of Laurel Road that needs to be widened and improved. Laurel Road is a major Arterial Road and the City's designated truck route with a direct connection to Highway 4. This section of Laurel Road has not been widened or improved due to the lack of Right of Way and is starting to deteriorate due to the large volume of vehicles that use Laurel Road every day. Staff worked for the past few years with the property owners at the intersection of Laurel Road and O’Hara Avenue and secured the necessary right of way for the roadway widening. The construction of this project is currently underway and anticipated to be completed by fall 2025. This project will complement the new Safeway Shopping Center that is also under construction.

7. Enrico Cinquini Park Construction Project
Project # 281
Schedule: Project bidding is underway
Budget: $5,200,000
Funding Source: Park Impact Fee Fund
41 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us The developer of the Stonewood Subdivision, a collection of 262 lots, was conditioned to construct a new park (Enrico Cinquini Park) at the intersection of Rose Avenue and Carpenter Road. The obligation of the developer is the total amount of their Park Impact Fee ($2.1M), which would not be sufficient to construct this park and its associated facilities and features. As a result, the City will design and construct this park by utilizing the Park Impact Fee obligation of the developer, as well as supplementing it with additional City Park Impact fees. This beautiful and feature packed park for the community will include a new natural turf field, site grading, landscaping and irrigation, a half basketball court, a bocce ball court, a cornhole court, a splashpad water feature, a playground, restroom, and a covered picnic area. The project bidding is currently underway, and construction anticipated to start in spring 2025.

10. East Cypress Road Widening (Jersey Island Road to Bethel Island Road) Project Project # 302
Schedule: Design is underway
Budget: $309,000
Funding Source: East Contra Costa Regional Fee & Finance Authority (ECCRFFA), Traffic Impact Fee Fund: ARPA
The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic volumes on this road. This project will widen and improve East Cypress Road from Jersey Island Road to Bethel Island Road. The improvements will include roadway widening, bicycle lanes, curb and gutter, sidewalks, traffic signals, underground utilities, and median landscaping. The widening will complement the similar improvements that are being constructed on East Cypress Road from Knightsen Avenue to west of Jersey Island Road. The design of this project is underway, and construction is anticipated to start in summer 2025.

11. Public Works Operations Building Remodeling Project Project # 303
Schedule: Construction is underway
Budget: $260,000
Funding Source: Public Facilities Fund, General Capital Project The Public Works Operations Building used to be the suite of the former ACE Hardware Store. Since the City purchased this building, there have not been any major improvements related to the office spaces in the building. With the growth of the Public 42 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Works Department and increased demands for services from the community, this project will remodel the inside of the building to make a better functional workspace for the staff and their operations. The construction of this project is currently underway and anticipated to be completed by spring 2025.

14. East Cypress Road Widening at CCWD Canal Crossing Project Project # 310
Schedule: Construction is underway
Budget: $9,500,000
Funding Source: Traffic Impact Fee, General Capital Project Fund, Gas Tax, and Streets Maintenance and Rehab Fund
CCWD has undertaken the process of replacing the open canal in Oakley from the canal crossing near Main Street and has extended eastwards behind the Cypress Grove, Emerson, Delaney, and Burroughs subdivisions up to east Cypress Road.

CCWD has also undergrounded the remainder of this canal from south of East Cypress Road to its connection point at Rock Slough. The existing canal crosses East Cypress Road and will have to be replaced as part of the City’s East Cypress Road widening project. The City is collaborating with CCWD in all phases of the canal underground project and at East Cypress Road. The City will take the lead in undergrounding the canal and construction of the new and widened roadway. This project will not only underground approximately 600’ of the open canal, but also widen East Cypress Road to City standards to complement and connect to the improvements that are being constructed on this roadway as part of CIP 247. The construction of this project is underway and anticipated to be completed by fall 2026.

15. FY 2024/25 ADA Implementation Project
Project # 314
Schedule: Construction is completed
Budget: $50,000
Funding Source: Gas Tax HUTA
The City of Oakley has adopted the ADA Transition Plan which identified various improvements that are needed on public infrastructure citywide. The implementation of this ADA plan will be phased over the years as funding is allocated. For FY 2024/25, this project replaced several Curb ramps with current State standards. Curb ramps provide pedestrian access between the sidewalk and roadway for people using wheelchairs, strollers, walkers, crutches, handcarts, bicycles, and pedestrians who have trouble stepping up and down high curbs. Curb ramps are crucial to a full transit 43 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us network and to pedestrian safety. This project was successfully completed in winter 2024.

16. Civic Center Amphitheater Sound System Project
Project # 319
Schedule: Construction is completed
Budget: $150,000
Funding Source: Parks Landscaping Assessment Zone 1
This project included the installation of a professional grade sound system at the Amphitheater inside of the Civic Center Plaza to be used for special events and concerts. Guests at recent events have shared the feedback that the current sound system is inadequate and that they have trouble hearing the sound, diminishing their experience. This new system should remedy those problems and provide consistent sound quality at all events throughout the year. This project was successfully completed in fall 2024.

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

Fiscal Impact
Each project listed in this report has a budgeted source of funds which has been approved by the City Council. These sources include Grants, Gas Tax, Measure J Sales Tax, Traffic Impact Fees, General Fund, Main Street Fund, and other Special Use funds. There is no fiscal impact associated with this CIP Update, this report is solely for informational purposes and no funding allocations are requested.

Staff Recommendation
The Oakley City Council should provide comments and input to staff on the CIP report for the Second Quarter of FY 2024/25 and accept the report. 44 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Zoning Text Amendments – Carwash Highway Buffers (RZ 02-24) Summary
This is a City-initiated application requesting approval of a Rezoning (RZ 02-24) consisting of zoning text amendments to amend Oakley Municipal Code (“OMC”) subsection 9.1.1238.c.6, a performance standard applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project”).

Background

ORIGINAL APPLICATION AND ORDINANCE ADOPTION
This Rezoning application originally included proposed amendments to two separate subsections of the OMC as follows:
 Wineries, Tasting Rooms, and Processing of Agricultural Products (OMC subsection 9.1.404.c.9); and
 Carwashes (OMC subsection 9.1.1238).

The original application was considered by the Oakley Planning Commission on May 7, 2024, as part of a duly noticed public hearing. At that meeting, the Planning Commission adopted Planning Commission Resolution No. 9-24 recommending the City Council adopt an ordinance approving the project. The recommendation was in reference to both proposed zoning text amendments.

On July 9, 2024, the City Council held a duly noticed public hearing on the original application, which included the Planning Commission’s recommendation. During that meeting, the City Council received public comments and deliberated on the item resulting in adoption of Ordinance No. 10-24 (adoption occurred on August 13, 2024). This ordinance resulted in removal of the proposed zoning text amendments to the Carwash section, while retaining the proposed zoning text amendments to the Wineries, Tasting Rooms, and Processing of Agricultural Products section. The effective change to the applicable OMC section was to allow wineries, tasting rooms, and processing of agricultural products not only in the R-20 and R-40 District, but Approved and
Forwarded to the
City Council
45 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us also in other residential zoning district when a lot is a minimum 20,000 square feet in size and contains an existing vineyard at the time of the application for such a use.

CITY COUNCIL REQUEST FOR RECONSIDERATION OF CARWASH SECTION At the regular City Council Meeting held on August 13, 2024, under Item 7.2(b) Requests for Future Agendas, Councilmember Meadows requested Staff bring back the Carwash portion of the proposed ordinance. Councilmember Meadows’ request was supported by Councilmember Henderson. Staff has confirmed with the City Attorney that the amendments in the current proposed ordinance have not changed from those considered and recommended for approval by the Planning Commission; and therefore, the item is not required to go back to the Planning Commission for a second recommendation. This item has been duly noticed through publishing, posting, and mailing with the description updated to apply only to the Carwash amendments being reconsidered.

CARWASH SECTION DESCRIPTION (EXISTING)
OMC section 9.1.1238 “Carwashes” is a Special Land Use section that addresses performance and operational standards required for all proposed carwash uses.

Details of the performance standards state there shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition to capping the number of carwashes on a site or within a shopping center, another performance standard requires that a proposed carwash be a minimum of 1,000 feet from any existing carwash as measured between the shortest distance from either the perimeter of the carwash operation or parcel lines.

OMC section 9.1.1240 “Gas Stations” has a similar performance standard that requires a 500-foot buffer between gas station uses; however, that standard also states that the 500-foot buffer does not apply if a gas station is located within 1,000 feet of a highway on/off ramp or is part of a larger master development of at least 45,000 square feet of building floor area. This proposed zoning text amendment proposes to add a similar buffer exclusion for carwashes.

Proposed Ordinance
The proposed ordinance would modify the Carwash section of the municipal code as follows (underline represents added language).
46 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us

CARWASHES
OMC 9.1.1238 Carwashes.
c. Performance Standards.
6) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within one thousand (1,000) feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director. An exception to the one thousand (1,000) foot buffer may be considered if a carwash is located within one thousand (1,000) feet of a highway on/off ramp, subject to the approval of the applicable decision-making body.

Analysis
The main purpose of the proposed zoning text amendment is to encourage further economic development within the City of Oakley.

CARWASHES
Currently, the maximum number of carwashes on a single site or within a single shopping center is capped at one. Additionally, a carwash is required to be 1,000 feet from any other carwash on a different site. As infill development continues within the growing City of Oakley, the applicable performance standard serves to reduce potential over-saturation of carwashes in a given area. Adoption of a buffer exclusion for uses within 1,000 feet of a highway on/off ramp would not change how the municipal code applies to most of the commercial areas in Oakley, such as along Empire Avenue, O’Hara Avenue, Laurel Road, or Cypress Road. The exclusion would apply to the four corners at the intersection of Main Street, Neroly Road and Bridgehead Road, which is an area near Highway 160 and mostly surrounded by other commercial uses. This area is unique in the City as one surrounded by commercial and light industrial development that is not as walkable from nearby residential as many other currently developed and designated commercial areas in Oakley. Adopting this buffer exclusion would open new opportunities for development/redevelopment of this intersection without the potential impact of carwash saturation, which could result in additional economic development in that area of the City and act as a spur for additional development in the immediate area. 47 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Findings
Draft findings can be found in the proposed ordinance.

Consistency with the Oakley Strategic Plan 27+
Approval of this application would be consistent with the Oakley Strategic Plan 27+ Community and Economic Development Goal to inspire and encourage Community and Economic Development through Strategic and thoughtful growth, a business friendly environment, and local employment opportunities.

Environmental Determination
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

Fiscal Impact
No fiscal impact is associated with the preparation of this staff report and accompanying attachments. Costs associated with amending the Zoning Code on City-initiated projects, including staff time associated with this zoning text amendment, are funded through the City’s General Fund.

Staff Recommendation
Staff recommends the City Council waive the first reading and introduce an ordinance amending Oakley Municipal Code subsection 9.1.1238.b.6 and finding the action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

Attachments

1. Notice of Public Hearing

2. Planning Commission Resolution No. 9-24

3. Draft Ordinance
48 NOTICE OF PUBLIC HEARING
Notice is hereby given that on January 28, 2025, at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Public Hearing at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering an application for a project as described below:

Project Name: Zoning Text Amendments – Carwash Highway Buffers (RZ 02-24).

Project Location: In applicable Zoning Districts within the City of Oakley’s jurisdiction.

Applicant: City of Oakley, 3231 Main Street, Oakley, CA 94561.

Request: City-initiated application requesting approval of a Rezoning (RZ 02-24) consisting of zoning text amendments that are proposed to amend OMC Section 9.1.1238.c.6, a performance standard applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project”).

How to Review: The Staff Report and its attachments will be available for public review, on or before January 23, 2025 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 28, 2025 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 Ken Strelo, Community Development Director 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. 49 50
51 Ordinance No. 1 of 3
ORDINANCE NO. -25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING OAKLEY MUNICIPAL CODE SECTION 9.1.1238.b.6 (RZ 02-24) RELATED TO

CARWASHES, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, this is a City-initiated application requesting approval of a Rezoning (RZ 02-24) consisting of zoning text amendments to amend Oakley Municipal Code (“OMC”) subsection 9.1.1238.c.6, a performance standard applicable to Carwashes, by adding an exclusion to the 1,000-foot minimum buffer between carwashes when within 1,000 of a highway on/off ramp (“Project ); and
WHEREAS, on May 7, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Rezone (RZ 02-24), with inclusion of a second zoning text amendment related to Wineries, Tasting Rooms, and Processing of Agricultural Products (OMC subsection 9.1.404.c.9), received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter.

Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 9-24 recommending the City Council adopt the proposed Ordinance; and WHEREAS, on July 9, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance, received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission and discussed the matter. At that meeting, the City Council introduced an ordinance which only included the proposed zoning text amendments related to Wineries, Tasting Rooms, and Processing of Agricultural Products (OMC subsection 9.1.404.c.9); and
WHEREAS, on August 13, 2024, the City Council unanimously adopted Ordinance No. 10-24 amending OMC subsection 9.1.404.c.9 related to Wineries, Tasting Rooms, and Processing of Agricultural Projects; and
WHEREAS, at the regular City Council Meeting held on August 13, 2024, under Item 7.2(b) Requests for Future Agendas, Councilmember Meadows requested Staff bring back the Carwash portion of the proposed ordinance for City Council reconsideration. Council member Meadows’ request was supported by Councilmember Henderson; and
WHEREAS, on or before January 17, 2025, the Notice of Public Hearing for the Project was duly noticed in the East Bay Times, a newspaper of general distribution, was posted at Oakley City Hall located at 3231 Main Street, outside the gym at Delta Vista Middle School located at 4901 Frank Hengel Way, outside the library at Freedom High 52 Ordinance No. 2 of 3
School located at 1050 Neroly Road, and was mailed out to outside agencies and to parties requesting such notice; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. Additional Findings.

A. The City Council finds the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

B. Amending OMC subsection 9.1.1238.b.6 related to carwash highway buffers would open new opportunities for development/redevelopment of this intersection without the potential impact of carwash saturation.

SECTION 3. Subsection 9.1.1238.b.6 of the Oakley Municipal Code Section 9.1.1238 titled, “Carwashes” is hereby amended, as follows:
“6) There shall be no more than one carwash located within any shopping center or contiguous commercial properties that have internally shared access. In addition, no new carwash shall be proposed within one thousand (1,000) feet of an existing carwash as measured between the shortest distance from either the perimeter of the carwash operations or parcel lines, subject to the determination by the Community Development Director. An exception to the one thousand (1,000) foot buffer may be considered if a carwash is located within one thousand (1,000) feet of a highway on/off ramp, subject to the approval of the applicable decision-making body.”
SECTION 4. California Environmental Quality Act (CEQA).

This project is exempt from environmental analysis under the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 53 Ordinance No. 3 of 3
15061(b)(3), because it can be seen with certainty that the proposed amendments will not have a significant effect on the environment.

SECTION 5. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.

The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on ________________, 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
_____________________________________
Shannon Shaw, Mayor Date
ATTEST:
_________________________
Kim Snodgrass, City Clerk Date
54 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Interview and Appoint Two Applicants to the Planning Commission for two-year terms Ending February 28, 2027.

Background and Analysis
At the July 13, 2021, City Council Meeting, the City Council adopted Ordinance No. 06-21, which amended and updated the Municipal Code establishing the five-member Planning Commission. The current Planning Commission consists of two two-year term seats which expire February 28, 2025 and three four-year term seats which expire October 11, 2025.

The goal of the City Council is to have all five seats be four-year staggered terms.

One way to shift all seats to staggered four-year terms would be to interview and appoint two Applicants to two-year terms at this meeting and in October of 2025 interview and appoint three Applicants to four-year terms. When the two-year terms expire in 2027, those terms could then switch to four-year terms and would expire in 2031, 2035 etc. and the other three seats would expire in 2029 and every four years after, given the staggering Recruitment for the two expiring seats began November 21, 2024. As of the application deadline at 5:00 PM on December 13, 2024, six applications were received.

Staff recommends the City Council interview and appoint two applicants to the Planning Commission for two-year terms ending February 28, 2027. Applicants were randomly selected to be interviewed in the following order:

1. Cristina Pena Langley

2. Kerry Ann Harvey

3. Yared Oliveros

4. JConr Brown Ortega

5. Pierre Goudie

6. Paschal Iwuh
Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+’s Community and Collaborative Partnerships Goal and specifically supports the Sub-Goal of Community Outreach and Engagement by increasing our communication and engaging our residents.

Approved and
Forwarded to the
City Council
55 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Fiscal Impact
None
Staff Recommendation
Staff recommends the attached Resolution be approved, which formally appoints two Planning Commissioners to two-year terms.

Attachments

1. Applications (6 total)

2. Proposed Resolution
56 57

3. Please describe your education, work and other experiences that would qualify you for the position of Planning Commissioner.

I am meticulous and extremely detail oriented. I have a Bachelor of Science in Elementary Education and a Master of Arts in Curriculum and Instruction. As a public-school teacher, I bring a deep connection to the community and valuable experience working with diverse groups. My skills in problem-solving, collaboration, and long-term planning align with the responsibilities of a planning commissioner. I am committed to advocating for equitable policies that benefit all residents and preserving the unique charm of Oakley while supporting its growth. My leadership and experience in education equip me to contribute thoughtfully to shaping the community's future. I believe all these factors combine to make me an ideal candidate for Planning Commissioner.

4. Please describe the professional preparation or expertise that you would bring to this position, if any.

My career over nearly twenty years has been dedicated to education, equipping me with a unique perspective and valuable skills for this position. As a public-school teacher, I have developed strong problem-solving, collaboration, and communication skills, which are essential for addressing complex community issues. My ability to engage with diverse groups-students, parents, and colleaguesprovides insight into the needs and priorities of Oakley residents. Additionally, my experience has emphasized the importance of long-term planning and equity, ensuring that decisions benefit the entire community. These qualifications position me to contribute meaningfully to Oakley's growth and development while preserving its character and charm. I am confident that my background and experiences will enable me to quickly become a valuable, contributing member of the Planning Commission.

5. What do you believe is the most important role of a Planning Commissioner? I believe the most critical aspect of this role lies in its name: planning. Proactively managing the community's future growth and development is essential, and I am confident I can contribute meaningfully to this effort. Thoughtful and strategic planning allows us to address key issues, such as identifying areas for community expansion, meeting housing needs amid changes in the larger bay area, and ensuring responsible use of community funds for infrastructure and essential services.

6. What do you hope to accomplish in your role as a Planning Commissioner, if selected? My hope in applying for this role is to help strengthen connections within our community. Since moving here in 2016, I've found a deep sense of belonging and truly enjoy being part of Oakley. As our city grows rapidly, I want to contribute by fostering a strong, balanced economic development plan through the Planning Commission. It's important to attract employers while creating a community where people genuinely want to live. By promoting diverse opportunities for both employers and employees, we can enhance quality of life, support economic well-being, and ensure Oakley continues to thrive.
58 7. Having been a resident of Oakley, what do you see as the strengths of the community? Conversely, what are its weaknesses?
As a resident of Oakley, I think the strength of the community is rooted in the small town feel with modern convenience. It feels like an oasis in the bay area, a place to rest and relax away from the hectic feeling as you head further into the bay. There is a noticeable increase in people and development as people start to shift to new locations to balance their work and home lives. This drives towards one of the weaknesses. The increase in development in the area has the potential to change the look and feel of the community to something completely different than what probably drew most of us to this area. We have a significantly smaller land area than the surrounding communities and we must carefully balance development and community planning to ensure we keep the essence of Oakley intact. I want the community to grow and modernize and provide others what it has provided me. I also want to ensure that we don't change Oakley to the point where it is unrecognizable.

8. Are you currently serving as an appointed or elected member of any local or regional government agency that includes any portion of Oakley City limits within its jurisdictional territory?
No, I am not.

9. Have you previously served on any board or commission for Oakley or any other government agency?
No, I am not.

10. Are you or have you been involved in any local, civic or community groups? I currently serve as Vice President of the Delta Vista Middle School Parent Teacher Student Association, Treasurer for the Oakley Union Teachers Association, and a leader for my Girl Scout troop. I also volunteer as a unit leader for a Girl Scout summer camp. After moving frequently throughout my adult life due to the military, I've been seeking a way to become more deeply involved in the community and was excited to find this opportunity. While I never thought I would put down roots, settling in Oakley after my husband's military service has shown me this is a place I want to call home long-term. I'm eager to contribute my time and experience, and this role feels like the perfect way for me to give back to the community that has welcomed me.

11. Please provide any additional relevant comments.

N/A
59 60
61 9. Have you previously served on any board or commission for Oakley or any other government agency?
No.

10. Are you or have you been involved in any local, civic or community groups?

11. Please provide any additional relevant comments.

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72 4. Please describe the professional preparation or expertise that you would bring to this position, if any.

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5. What do you believe is the most Important role of a Planning Commissioner? M A-ll f;. ll..F;,u 0\ "� Giv O A11 o rJ ..S 'fo l litf2- Gl\ '1 LO � Gt L b rJ �'.1 f)n..opoi�o D£\Jfz,LO(T'>vGtJ1A-L. f Ll\-tJS (5V' Prg,1e.v+ for th� 3cow-rh � 1'h,e C:1+<:1 •

6. What do you l:lope to accomplish in your role as a Planning Commissioner, If selected? To .5 e. � e--c- w 1 t\,_ o tb u- V kN "'·, ,., C. ,.._,.,,; ...-, •., <1-f � ":' JJ ,� G11:., Cocu✓ i,tl I Qhsu..re... 1t.o,J 6-"") fJ\&.N•"JfJ dwvlop� ! JtAs fo� -\i.t QaJL \� feJ I J½CJ Lctn be. f ulC-eJ.J-{wt � \I'(\?) L Y'l\.�+ eJ.

7. Having been a resident of Oakley, what do you see as the strengths of the community? Conversely, what are its weaknesses?
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8. Are you currently serving as an appointed or elected member of any local or regional government agency that includes any portion of Oakley City limits within Its jurisdictional territory?
No•
73 74
75 76
77 Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPOINTING TWO MEMBERS TO THE OAKLEY PLANNING COMMISSION FOR 2-YEAR TERMS WHEREAS, on July 13, 2021, the City Council of the City of Oakley adopted Ordinance No. 06-21, which amended provisions of Chapters 3 and 4 of Title 2 of the Oakley Municipal Code concerning the Oakley Planning Commission; and WHEREAS, the City solicited applications for the Planning Commission through a formal application process. The period ran from November 21, 2024 to December 13, 2024. The City received a total of six applications; and WHEREAS, on January 28, 2025, the City Council conducted interviews, ranked the applicants and selected two members to serve two-year terms on the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley hereby appoints the following individuals, with the following terms, to the Oakley Planning Commission:
 Name and Term
 Name and Term
BE IT FURTHER RESOLVED that the City Council of the City of Oakley hereby authorizes City Staff to provide the above-appointed individuals instruction, training materials and assistance prior to the beginning of their terms.

PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:

APPROVED:
____________________
Shannon Shaw, Mayor
ATTEST:
____ ____________________
Kim Snodgrass, City Clerk Date
78 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kim Snodgrass, City Clerk
SUBJECT: Appeal of Administrative Hearing Officer’s Decision Involving Fireworks at 61 Merganser Ct., Oakley, California on July 4, 2024 Citation No: AC-24-000457
Background and Analysis
On July 4, 2024, Oakley Police Sergeant C. Minister was working Fireworks Suppression Detail, partnered with Officer England. At approximately 8:55 p.m., he saw fireworks being lit at the end of Merganser Court. He parked his vehicle in front of the fireworks and watched two minors lighting fireworks in the street, directly in front of 61 Merganser Court. A white adult male was seen in the garage/driveway area. One of the minors called out “Dad” to the male in the garage as the Officer approached on foot.

Officer England notified the male to cease lighting fireworks. The male exited the garage, said he understood, and they would stop lighting fireworks. There was no one else in the area other than the subjects that all appeared to be associated with 61 Merganser Court. Officer England informed the male the City of Oakley would be issuing a citation for the fireworks offense.

On July 18, 2024, Code Enforcement mailed administrative citation, AC-24-000457, to Appellant (Attachment 1), citing a violation of Oakley Municipal Code Section 4.1.104.

On August 5, 2024, Appellant timely submitted a Request for Appeal of Administrative Citation for AC-24-000457 along with a hardship waiver for the hearing deposit (Attachment 2). The hardship waiver was approved, and a Notice of Hearing was mailed to Appellant informing her of an administrative hearing scheduled for August 22, 2024 at 10:45 a.m. (Attachment 3).

On August 22, 2024, the administrative hearing was held. The Administrative Hearing Officer’s Decision (Attachment 4), a copy of which was mailed to Appellant, affirmed the citation. The decision also provided Appellant could file a written appeal of the Administrative Hearing Officer’s Decision with the City Clerk by 12:00 p.m. on September 23, 2024, to have the matter heard before the City Council.

On September 20, 2024 Appellant filed a written appeal (Attachment 5) with the City Clerk’s Office. The appeal was submitted timely.

Approved and
Forwarded to the
City Council
79 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US On September 25, 2024, a Notice of Hearing (Attachment 6) was e-mailed and mailed to Appellant advising of this hearing date, time, and location.

On September 27, 2024, Appellant stated that she could not make the scheduled hearing date.

On October 1, 2024, a new date was agreed upon.

On October 8, 2024, a Notice of Rescheduled Hearing (Attachment 7) was mailed to appellant with the new hearing date, time and location.

Consistency with the Oakley Strategic Plan 27+
This matter is consistent with the Oakley Strategic Plan 27+ Community Health and Safety Goal to have safe and healthy neighborhoods.

Fiscal Impact
Police time was utilized to respond to the fireworks.

Staff Recommendation
Staff recommends that the City Council review the written record and any oral argument (at its discretion), affirm or deny the Administrative Hearing Officer’s Decision, and announce its decision.

Attachments

1. Administrative Citation, AC-24000457, 7/18/24

2. Request for Appeal of Administrative Citation and Request for Advance Deposit Hardship Waiver, 8/5/24

3. Approval of Hardship Waiver and Notice of Hearing, 8/9/24

4. Administrative Hearing Officer’s Decision, 8/22/24

5. Appeal of Administrative Hearing Officer’s Decision, 9/20/24

6. Notice of Hearing, 09/25/24

7. Notice of Rescheduled Hearing 10/7/24
80 81
, p y p y y y g
17, 2024, which is thirty (30) days from the date of this citation.

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

Please include the citation number AC-24-000457 on your check or money order.

If the citation is not paid within thirty (30) days or appealed within 10 days from July 18, 2024, you may be subject to the imposition of a twenty-five percent (25%) late payment penalty if the Administrative Fine(s) is not paid by the due date, and interest at the rate of 1.5% per month, compounded monthly, will be added to the fine amount.

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

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

CITY OF OAKLEY CODE ENFORCEMENT - 3231 MAIN STREET, OAKLEY, CA 94561

82 Finance Department
3231 Main Street
Oakley, CA 94561
Tel (925)625-7000 Fax (925)625-9859
Credit Card Authorization Form
Business Name/Company Name: _________________________________________________________________ Business Address: _____________________________________________________________________________ Cardholder’s Name (as it appears on the credit card):__________________________________________________ Billing Address (if different than business address):___________________________________________________ City:______________________ State:_________________ Zip Code:_________________ Telephone Number: (______)______________________
Amount to be Charged: $ ______________________________
Authorized Signature: ____________________________________ Date:_____________ Card Type: Mastercard Visa
Card #:____________________________ Card ID#:_____________ Expiration Date:________________
CITY STAFF: ONCE YOU HAVE PROCESSED CHARGES THROUGH THE REGISTER, PLEASE ATTACH THE CREDIT CARD RECEIPT AND FORWARD THIS COMPLETED FORM TO THE FINANCE DEPARTMENT AT THE END OF EACH DAY. 83 84
85 Attachment 3

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us August 9, 2024
Re: Decision Regarding Request for Advance Deposit Hardship Waiver and Notice of Hearing
Administrative Citation # AC-24-000457
Property location: 61 Merganser Ct.

Appellant/Citee: Sara Comer
Dear Sara Comer,
Your request for an advance deposit hardship waiver in association with your request for appeal of administrative citation # AC-24-000457 has been reviewed and approved.

You are hereby notified that a hearing will be held before William R. Galstan, Esq., an administrative hearing officer, at City Hall in the Administrative Services building located at 3231 Main Street, Oakley, CA 94561 on August 22, 2024 at 10:45 a.m. You may, by arrangement with the undersigned, obtain another time or date for the hearing.

At the hearing, you will be given the opportunity to testify and to present evidence relevant to the code violation specified in the administrative citation or to financial hardship. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.

Please read the attachment regarding Hearing Procedures.

If the administrative citation is upheld by the administrative hearing officer, the fine shall be due and payable to the City of Oakley within ten (10) working days after the date the administrative hearing officer’s decision is issued.

Failure to appear without contacting the undersigned at least 24 hours prior to the scheduled hearing time will result in forfeiture of your appeal and all paid fine amount.

If you have any questions, please contact me at (925) 625-7048 or [email protected]
______________________
Kim Snodgrass, Deputy City Clerk
City of Oakley
86 87
88 Attachment 5
Administrative Citation Hearing Appeal September 20, 2024 Citation #AC-24-000457
Appellant Sara Nino
Violation in question: OMC Sec. 4.1.104, use, discharge, possession etc. of fireworks.

This is my second attempt to appeal a citation violation that was sent to the home I am renting at 61 Merganser ct, Oakley. I surprisingly received a citation in the mail for possession of fireworks, taken place on 4th of July evening. I immediately contacted the police department and was advised to write an appeal if I was not home during this violation, in which I did. Not only did I write the appeal, but I spoke to my neighbors to see if they had cameras, I have gone out of my way to ask the police department if they have a description of the male they are referring to so that I can help them locate the individual if they live in my neighborhood and I also provided evidence in written form proving that myself and my children were at their grandmothers home overnight when this incident occurred. I even attached a copy of my rental agreement to show the police department that I do live here alone with my 3 children.

In the written response it states that two officers witnessed a violation in front of my home this evening and an adult male was inside the garage of the home. This obviously isn’t myself because I am a female but also not possible because I keep the remote to the garage with me as it stays in my vehicle at all times, and had someone broke into my garage, I would have known when I returned the following day. The response also states that children were also present and addressed this person as “dad” and they agreed to stop the fireworks. Just out of precaution (which still would not make sense because my 3 children were with me) I asked their father, my ex husband if he came by my home, and he stated he did not. Maybe he had done this out of spite due to our divorce, however he stated he did not come to my home and I have included a copy of this message in our parenting app for you to view.

So far a very vague description was given as to someone they saw at or near my rental, and there was no citation given, no name given, no pictures or video taken and I have nothing to go off of other than the officers word. I don’t even know the nationality or what the person looks like. What I do know is I was more than willing to help the officers locate the offender if they were willing to provide this to me, but they do not have it. I was also told that the officers stopped hundreds of people this evening, so my only assumption is that something was written down incorrectly or it was another person in the neighborhood in the court my where I live. I was told by multiple neighbors that were home this evening that there were crowds of people in our entire neighborhood watching and setting off fireworks until 1am, running back and fourth from our court to the street. We live across the street from a manmade lake and crowds travel to our neighborhood to not only set off fireworks but to watch them as well. I was not aware this was a popular area for this when I moved in. 89 The information and evidence I am providing should be admissible as it is valid and proves my innocence. I have provided a written letter from the grandmother that I was at her home, I have provided a copy of my lease and I have now provided a copy of a message to my children’s father asking him, now that the officer is stating they heard a child call “dad”. I am a single mom of 3 children and I would not put myself in a position to receive a fine/citation because I simply cannot afford it. I am a small business owner, family photographer and already live month to month. I am only asking for what is right and that the officers check their cameras or information they went off of this evening as it appears to be a mix up. I am writing this appeal because it is very difficult for me to take time off of work and I have already invested so much time into this. This has caused me a lot of stress and the owners of the home, which also puts me in a very bad position of losing my rental.

The citation is written to the owner of the home, but I am responding because I currently rent here and feel like it is the right thing to do. I have complied and helped with this as much as I can with the information I have been given and will continue to do so. I really hope that a second look can be taken at this citation and my evidence is not taken lightly as I feel like I
have beyond a reasonable doubt proved as much as I possibly can that this was not me. I am not the male they are referring to and I do understand that mistakes happen, even unintentionally. The citation should be given to the male offender they saw this evening, not myself. I respect the Oakley police department and I appreciate what they do to make our neighborhood safe, I do not take this lightly at all.

Evidence: text message. I will also re attach the rental agreement and the letter to confirm where we were this evening.
90 Attachment 6
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us September 25, 2024
Sara Comer
61 Merganser Ct.

Oakley, CA 94561

NOTICE OF HEARING
Re: Appeal of Administrative Hearing Officer’s Decision Administrative Citation # AC-24-000457 issued by the City of Oakley 07/18/2024
61 Merganser Ct. (APN 037-490-034), Oakley, California 94561 Ms. Comer,
In response to your request for an appeal of the Administrative Hearing Officer’s Decision, you are hereby notified that an appeal hearing will be held on Tuesday, November 12, 2024, beginning at 6:30 p.m. or soon thereafter before the Oakley City Council during the Regular City Council Meeting in the Oakley City Council Chambers located at 3231 Main Street, Oakley, CA 94561. Please confirm your attendance upon receipt of this Notice by contacting the undersigned at (925) 625-7048 or [email protected].

Enclosed is a copy of Oakley Municipal Code Section 1.5.212 for your reference.
___________________________
Kim Snodgrass, Deputy City Clerk
City of Oakley
Cc: Joshua McMurray, City Manager
Libby Vreonis, City Clerk
Ken Strelo, Community Development Director
91 OAKLEY
------------�---
Anissa Williams
Mayor
Shannon Shaw
Vice Mayor
Hugh Henderson
Councilmember
Dr. George Fuller
Council member
Aaron Meadows
Councilmember
October 7, 2024
Sara Comer
61 Merganser Ct.

Oakley, CA 94561

CALIFORNIA

NOTICE OF RESCHEDULED HEARING
Re: Appeal of Administrative Hearing Officer's Decision Administrative Citation # AC-24-000457 issued by the City of Oakley 07/18/2024
61 Merganser Ct. (APN 037-490-034), Oakley, California 94561 Ms. Comer,
In response to your request for an appeal of the Administrative Hearing Officer's Decision, you are hereby notified that an appeal hearing will be held on Tuesday, January 28, 2025, beginning at 6:30 p.m. or soon thereafter before the Oakley City Council during the Regular City Council Meeting in the Oakley City Council Chambers located at 3231 Main Street, Oakley, CA 94561. Please confirm your attendance upon receipt of this Notice by contacting the undersigned at (925) 625-7048 or [email protected]. Enclosed is a copy of Oakley Municipal Code Section 1.5.212 for your reference.
��
Kim Snodgrass, Deputy City Clerk
City of Oakley
Cc: Joshua McMurray, City Manager
Libby Vreonis, City Clerk
Ken Strelo, Community Development Director
City of Oakley I 3231 Main Street, Oakley, CA 94561
0 (925) 625-7000 I F (925) 625-9859 I www.cioakleyca.us Attachment 7
92 1.5.212 City Council Review.

If the Citee is dissatisfied with decision of the Hearing Officer, he or she may request review of the matter by the City Council. Such request shall be made on a form provided by the City and filed with the City Clerk on or before the fine due date indicated on the Hearing Officer's decision. The Citee may file with the City Council any written argument or explanation that the Citee wishes the City Council to consider. The Council may review the matter based upon the written record presented to it, or at its discretion may allow oral argument to be made by the parties. The City Council shall announce its decision on the review of the matter at the meeting where the matter is considered, or at such a meeting to which the matter may be continued by the Council. The City Clerk shall send a notice to the Citee indicating the decision made by the City Council and the time and procedure for seeking judicial review of the decision. 93 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 28, 2025
TO: Joshua McMurray, City Manager
FROM: Danielle Navarro, Assistant City Manager
SUBJECT: Adopt a Resolution Approving and Establishing a Citywide Governance Policy for Elected Officials
Background and Analysis
On December 14, 2021, the City Council adopted Ordinance No. 10-21, adopting a by-district system for the election of the five members of the City Council commencing with the November 2022 General Election with Districts 2 and 4.

The City Council Policy Book adopted in January 2023 following the November 2022 election notes that: “To more effectively implement the City of Oakley’s Strategic Plan it is agreed that Councilmembers and Staff will be representatives of the City and lead by example in how they conduct City business. We also will hold each other accountable peer to peer in the City’s best interest to align our shared goals. We will communicate and lead with professionalism to build trust and teamwork that is necessary to work on behalf as the City as a whole.”
With the City Council’s acceptance of the results of the November 5, 2024 Consolidated General Municipal Election in Oakley at its December 10, 2024 special meeting, all five Councilmembers are now elected by district. The Oakley Strategic Plan 27+ (Plan) describes Oakley as “one community oriented around action” (page 2) and sets citywide goals. In accordance with the Council’s January 2023 direction, Staff brings the Plan to the Council in odd years following an election to discuss and provide direction to Staff. The City Council discussed the Plan at its January 14, 2025 meeting and did not direct staff to make updates at this time. During the agendized Council Follow Up section of the January 14th meeting, Mayor Shaw requested (and Councilmember Williams seconded) that with the Council now elected by district, Staff draft a governance policy through which the Council can continue to effectively govern.

Staff is proposing twelve principles to establish a Citywide Governance Policy for Elected Officials to govern Oakley as “one community” given that Councilmembers are now elected by district. The proposed governance principles below are designed to maintain citywide (at-large) governance:

1. The City Council will govern on a citywide basis and ensure decisions are made based on the needs and interests of the entire community.

2. The City Council wishes to remain united in its customer service to the community and provide an excellent quality of life for all.

Approved and
Forwarded to the
City Council
94 STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US

3. All members of the City Council will help all members of the community regardless of which district residents reside in or from which districts the City Councilmembers are elected.

4. Professional management in a City Manager/City Council form of government will continue.

5. Commissions and board appointments will continue to be made at large, with each Councilmember able to nominate appointees from anywhere in the City irrespective of election districts.

6. Information, issues and interests within each district necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.

7. Financial, operational, project, and other information will be presented on a citywide basis and not segregated by election district.

8. City Council fiscal management, best practices, and City systems will continue to reflect services provided to all residents and businesses citywide.

9. Resources (including staffing, services and capital projects) will continue to be allocated and prioritized based on data and long-term strategic planning efforts with citywide considerations of service levels and financial capacity without giving preference or showing favoritism to any district.

10.Current practices of inviting all Councilmembers to events and activities will remain in effect.

11.The City Council will follow the current practice of the Mayor speaking at events on behalf of the City Council and if not available, the Vice Mayor or other Councilmembers who are available will speak on behalf of the City Council.

12.City Councilmembers upon election, re-election, or appointment, will certify, in writing, their receipt and understanding of this Citywide Governance Policy.

While community members may initially think the roles of Councilmembers have changed due to the shift to district-based elections, the roles of the City Council/City Manager in policy creation and program administration remain the same. Staff will maintain citywide messaging on communication platforms with the exception of continuing to utilize the NextDoor specific neighborhoods notification feature when the message is not of citywide importance (such as a temporary no-parking period when a residential neighborhood’s street is being resurfaced).

Consistency with the Oakley Strategic Plan 27+
The proposed Citywide Governance Policy for Elected Officials reflects the intention of the implementation of the Oakley Strategic Plan 27+, which set citywide goals and priority objectives and collective values.
95 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Fiscal Impact
There is no fiscal impact to adopt the proposed resolution approving and establishing a Citywide Governance Policy for Elected Officials.

Staff Recommendation
Staff recommends the City Council review the proposed governance principles and adopt the proposed resolution approving and establishing a Citywide Governance Policy for Elected Officials.

Attachments

1. Proposed Resolution
96 Resolution No. XX-24 Page 1 of 2
RESOLUTION NO. X-25

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

AND ESTABLISHING A CITYWIDE GOVERNANCE POLICY FOR ELECTED

OFFICIALS
WHEREAS, on December 14, 2021, the City Council adopted Ordinance No. 10-21, adopting a by-district system for election the five members of the City Council commencing in the November 2022 General Election with Districts 2 and 4; and WHEREAS, with the City Council’s acceptance of the November 5, 2024 Consolidated General Municipal Election in Oakley at its December 10, 2024 special meeting, all five Councilmembers are now elected by district; and
WHEREAS, the City Council Policy Book adopted in January 2023 notes that “[t]o more effectively implement the City of Oakley’s Strategic Plan it is agreed that Councilmembers and Staff will be representatives of the City and lead by example in how they conduct City business. We also will hold each other accountable peer to peer in the City’s best interest to align our shared goals. We will communicate and lead with professionalism to build trust and teamwork that is necessary to work on behalf as the City as a whole[;]” and WHEREAS, the Oakley Strategic Plan 2022-2027+ adopted in April 2022 describes Oakley as “one community oriented around action,” and
WHEREAS, at the January 14, 2025 City Council meeting, the Council requested Staff to draft a governance policy to recommend to the City Council a policy through which the Council can continue to effectively govern now that Councilmembers are elected by district; and
WHEREAS, at the January 28, 2025 City Council meeting, staff presented proposed citywide governance principles for the Council to consider and approve to establish a Citywide Governance Policy for Elected Officials.

BE IT RESOLVED by the City Council of the City of Oakley that the governance principles below are hereby approved and thereby establish a Citywide Governance Policy for Elected Officials:

1. The City Council will govern on a citywide basis and ensure decisions are made based on the needs and interests of the entire community.

2. The City Council wishes to remain united in its customer service to the community and provide an excellent quality of life for all.

3. All members of the City Council will help all members of the community regardless of which district residents reside in or from which districts the City Councilmembers are elected.

4. Professional management in a City Manager/City Council form of government will continue.
97 Resolution No. XX-24 Page 2 of 2

5. Commissions and board appointments will continue to be made at large, with each Councilmember able to nominate appointees from anywhere in the City irrespective of election districts.

6. Information, issues and interests within each district necessary for the City Council to govern on a citywide basis will be shared with all City Councilmembers.

7. Financial, operational, project, and other information will be presented on a citywide basis and not segregated by election district.

8. City Council fiscal management, best practices, and City systems will continue to reflect services provided to all residents and businesses citywide.

9. Resources (including staffing, services and capital projects) will continue to be allocated and prioritized based on data and long-term strategic planning efforts with citywide considerations of service levels and financial capacity without giving preference or showing favoritism to any district.

10.Current practices of inviting all Councilmembers to events and activities will remain in effect.

11.The City Council will follow the current practice of the Mayor speaking at events on behalf of the City Council and if not available, the Vice Mayor or other Councilmembers who are available will speak on behalf of the City Council.

12.City Councilmembers upon election, re-election, or appointment will certify, in writing, their receipt and understanding of this Citywide Governance Policy.

PASSED, APPROVED AND ADOPTED this 28th day of January 2025 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
98 General Government
2024 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 2024 calendar year. BUDGET
FY 2024-2025
Public Works
Police
Engineering, Capital Projects &
Maintenance
Information Technology
Public Information/Community Outreach
270 Encroachment permits processed
13 Capital Improvement Projects completed
300 Acres of parks, open space &
landscape zones maintained
1,482 Park Service requests received &
processed
6,432 Street miles swept
Inspected
4,329 Sstormwater inlets
4,374 Square feet of sidewalk replaced
Processed 275 Street light repairs/service
requests
Installed 25 new street lights
150 Trees planted & 525 trees pruned
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 12/31/24
1,165 New Instagram followers
50 weekly Oakley Outreach e-newsletters sent to
subscribers (49% user open rate)
75,060 Visits to the City’s Facebook page
1,364 LinkedIn page views
Created a City YouTube channel
Hired an in-house IT Manager to more effectively
manage and implement IT projects & daily
operations
Fully restored City operations within 2 weeks of
the February 2024 cyberattack
Implemented vulnerability scanning &
penetration testing software
Reached a 100% clean status with the Cyber
Security & Infrastructure Agency Cyber Hygiene
Program (99.5% clean at initial scan)
Hired 1 Police Services Assistant & 3 Police
Officers
19,668 calls for service:
-2,220 emergency details and/or in-progress
-3,352 urgent
-14,096 non-urgent details/cold calls
1,862 records requests processed &
released
Held 248 training classes
1 traffic fatality (no arrest made)
We reached several milestones
& had several firsts for Oakley
in 2024!
10 Retail & Light Industrial Revitalization & 30
Small Business Recovery Grants awarded
Facilitated 9 small business workshops &
awarded 7 Certificates of Completion
Collaborated with 47 organizations on initiatives
to foster broader stakeholder engagement in
development efforts
Responded to 230 Public Records Act Requests
Processed 165 City Council, 20 Planning
Commission, 2 Successor Agency & 1 Public
Financing Authority Resolutions; 14 City
Council Ordinances & 900 passports
Clerked 34 public meetings
Administrative Services
Finance
Implemented new financial software
Presented the Annual Comprehensive Financial
Report (ACFR) to the City Council in December
Sent out a Budget in Brief to residents
Human Resources
Hired 13 Full Time & 18 Part Time employees
4 Promotions
93% Retention Rate
24 Employee wellness events held
Implemented onboarding software
Recreation
25 Community events held
129 Total classes held

31.4% Increase in Oakley Recreation social
media followers
104 Recreation Center rentals
Community Development
Building
1,834 Building permits issued
113 Single-family dwelling permits issued
Code Enforcement
1,221 Open cases (165 New cases opened)
46 New Residential Rental Inspection Program
registrations (1,423 total registered)
Planning
Approved 83 Home Business permits
Held 12 Planning Commission meetings & 1
joint meeting with the Council (approved 12
items & recommended 7 for Council approval)
$32,136,950
$13,416,705
$34,764,908
$18,035,379
$47,390,521
$21,688,452
$49,623,229
$29,770,990
Sent 3 recruits to the Police Academy
Established in-house instructors in 4
disciplines: Use of Force/Defensive
Tactics, Active Shooter/Building
Search, CPR/First Aid & Firearms
Brought back the Oakley Leadership
Academy (1st time since 2019)
Transitioned to 5 Council Districts
Received 2 gold medals in The Press’
Best of Oakley 2024 17th Annual
Readers’ Choice Winners’ Guide for
Koda Dog Park
Named 1 of the “8 Most Comfortable
Towns in Northern CA for Seniors” by
worldatlas.com 99