Oakley City Council
June 10, 2025

It is projected that average precipitation from 2035 to 2064 will increase to 15.0 inches and would increase slightly to 16.4 inches in 2070 to 2099.Based on the FEMA NRI, total events on record from precipitation changes (e.g. drought) is 1,358 with an annualized frequency of 61.7 events per year. = Medium Probability Extreme precipitation would decrease likelihood for product consumption; thus, decreasing the flow of income for many store as well as shutting down stores during severe storms. As there are major commercial areas throughout downtown Oakley, the magnitude of impacts would be moderate. = Medium Magnitude Downtown Oakley areas can be renovated to floods. For instance, structural changes that may include more durable materials and upgraded drainage systems.= Medium Adaptive Capacity Take Action Create /modify policy, goal, or ordinance
Create new policies regarding existing and proposed development in Downtown Oakley to combat climate-induced impacts.

Zoning and Development Flooding Downtown Oakley Commercial downtown in the city comprises of 80.9 total acres which consists of 41.8 developed acres and 39.1 underdeveloped acres. Commercial downtown is primarily near the intersection of Main Street and O'Hara avenue. = Medium Sensitivity Based on the FEMA NRI, total events on record from severe weather (e.g. riverine flooding) is 2 with an annualized frequency of 0.0 events per year. Based on the City of Oakley Emergency Operations Plan, floods are infrequent but can range from low, moderate, and high severity. = Low Probability Flooding could lead to a loss of property and associated tax revenue, as well as potential loss of businesses. Business interruption losses associated with a flood event include not the inability to operate a business because of damages sustained because of the flood (including inventory, equipment, structure, wages, relocation costs, etc.) but also include temporary living expenses for those individuals displaced from their homes; thus, individuals may relocate out of the area, impacting the economy. = Medium Magnitude Downtown Oakley areas can be renovated to floods. For instance, structural changes that may include more durable materials and upgraded drainage systems.= Medium Adaptive Capacity Take Action Create /modify policy, goal, or ordinance
Create new policies regarding existing and proposed development in Downtown Oakley to combat climate-induced impacts.

Zoning and Development Severe storms and extreme
weather
Downtown Oakley Commercial downtown in the city comprises of 80.9 total acres which consists of 41.8 developed acres and 39.1 underdeveloped acres. Commercial downtown is primarily near the intersection of Main Street and O'Hara avenue. = Medium Sensitivity Based on the FEMA NRI, total events on record from severe weather (e.g. hail) is 30 with an annualized frequency of 1.8 events per year. = Low Probability As flooding is a secondary hazard of severe storms and weather, it could lead to a loss of property and associated tax revenue, as well as potential loss of businesses. Business interruption losses associated with a flood event include not the inability to operate a business because of damages sustained because of the flood (including inventory, equipment, structure, wages, relocation costs, etc.) but also include temporary living expenses for those individuals displaced from their homes; thus, individuals may relocate out of the area, impacting the economy. = Medium Magnitude Downtown Oakley areas can be renovated to floods. For instance, structural changes that may include more durable materials and upgraded drainage systems.= Medium Adaptive Capacity Take Action Create /modify policy, goal, or ordinance
Create new policies regarding existing and proposed development in Downtown Oakley to combat climate-induced impacts.

Zoning and Development Temperature changes -
warming
Downtown Oakley Commercial downtown in the city comprises of 80.9 total acres which consists of 41.8 developed acres and 39.1 underdeveloped acres. Commercial downtown is primarily near the intersection of Main Street and O'Hara avenue. = Medium Sensitivity The city of Oakley could experience an average temperature of 77.9 degrees Fahrenheit during the years 2035 to 2064. Through 2099, this projection is anticipated to increase to an average maximum temperature of 81.3 degrees Fahrenheit. The average number of extreme heat days recorded for the City in the years 1961 to 1990 was four days per year. In the years 2035 to 2064, the city is projected to experience 11 to 31 additional extreme heat days per year. Further, models predict the number of extreme heat days in the city may rise to 33 days per year in the 2070 to 2099 timeline.Based on the FEMA NRI, total events on record from severe weather (e.g. heat wave) is 0.0 with an annualized frequency of 0.0 events per year. = Medium Probability Temperature changes in terms of warming, may impact buildings in Downtown Oakley as it increases energy usage, risk of accidents, and structural damage. In addition, energy efficiency may be reduced. As the city is projected to experience 11 to 31 additional extreme heat days per year from 2035 to 2064, the magnitude of these impacts are moderate. = Medium Magnitude Downtown Oakley areas can be renovated to floods. For instance, structural changes that may include more durable materials and upgraded cooling systems.= Medium Adaptive Capacity Take Action Create /modify policy, goal, or ordinance
Create new policies regarding existing and proposed development in Downtown Oakley to combat climate-induced impacts.

Zoning and Development Wildfire Downtown Oakley Commercial downtown in the city comprises of 80.9 total acres which consists of 41.8 developed acres and 39.1 underdeveloped acres. Commercial downtown is primarily near the intersection of Main Street and O'Hara avenue.Based on the CalFire Very High Fire Hazard Severity Zone (VHFHSZ) Map and City of Oakley General Plan, there are no parcels within the City that are located in a VHFHSZ nor in any high moderate or other fire hazard severity zone.The city is within the boundaries of critical fire weather class 3 which correlates to 9.5 more days per year of moderate, high, and extreme fire hazard. = Low Sensitivity Based on the FEMA NRI, total events on record from wildfire is not applicable with an annualized frequency of 0.0 events per year. Based on the City of Oakley Emergency Operations Plan, wildland fires are infrequent with moderate severity. = Low Probability Wildfires may directly destroy downtown Oakley by burning down the existing infrastructure. However, as no parcels within the City that are located in a VHFHSZ nor in any high moderate or other fire hazard severity zone, the magnitude of impacts is low. = Low Magnitude Downtown Oakley areas can be renovated to floods. For instance, structural changes that may include more durable materials (heat resistant and non-flammable) and upgraded air filtration systems.= Medium Adaptive Capacity Accept Risk
Zoning and Development Sea Level Rise Downtown Oakley Commercial downtown in the city comprises of 80.9 total acres which consists of 41.8 developed acres and 39.1 underdeveloped acres. Commercial downtown is primarily near the intersection of Main Street and O'Hara avenue. = Medium Sensitivity Based on the FEMA NRI, total events on record from sea level rise is not applicable with an annualized frequency of 0.0 events per year. = Low Probability With a 12-inch SLR scenario and 100-yr storm event, the shoreline area is anticipated to experience SLR inundation at a depth of 2- to 45-inches by mid century. Sea level rise would increase the severity of coastal erosion. As sea levels continue to rise, more area is susceptible to potential erosion, or in some cases accretion. This could also lead to costly impacts on structures and infrastructure and loss of land mass; thus, causing a significant economic impact on the region. However, as downtown Oakley is near coastal shorelines, the magnitude of impacts is low. = Low Magnitude Not applicable as asset is not located near the shoreline.

Accept Risk
Sources:City of Oakley General Plan Accept Risk 54
City of Oakley Hazard Mitigation Plan Take Action 35Contra Costa Draft Local Hazard Mitigation Plan Volume 1 and 2City of Oakley Emergency PlanCity of Oakley Parks Master PlanCal-AdaptInfrastructure Breaks Under Extreme Heat | Emerging Issues | Sustainable Business Network and Consultancy | BSRHow you can reduce flood risk on your farm (farmprogress.com)Agricultural land use and flood risk management: Engaging with stakeholders in North Yorkshire - ScienceDirectManaging grapevines during a heat spike | OSU Extension Service (oregonstate.edu)WaterTreatmentPlant (ccwater.com) 233
Low Probability: Very limited historic events recorded. Frequency of hazardous events to occur is periodic with likelihood of future events to occur periodically.

Likelihood of hazardous event(s) to occur once in 20 years.

Medium Probability: Limited, but some available historic events recorded. Frequency of hazardous events to occur is somewhat periodic. Likelihood of hazardous event(s) to occur once in 5 to 20 years.

High Probability: Recent, multiple historic events recorded. Hazardous events occur frequently. Likelihood of hazardous event(s) to occur within 5 years.

Low Magnitude: Minimal destruction to applicable assets with adequate functionality. In addition, minimal injuries and functionality to daily livelihood.

Applicable assets may be easily repaired with available resources within a short duration of time without complications.

Medium Magnitude: Moderate destruction to applicable assets with decreased functionality. Injuries and functionality to daily livelihood are moderately heightened.

Applicable assets may have increased difficulty for repair and functionality due to increased restoration times and complications. Health concerns are also a higher likelihood with strong suggestions for evacuation plans.

High Magnitude: Extreme destruction to applicable assets with little to no functionality. Injuries and functionality to daily livelihood are extremely heightened.

Applicable assets will have significant challenges for repair and elongated periods of construction before functionality can be resumed. Health concerns are at an extreme likelihood with strong coercion for evacuation plans.

Low Adaptive Capacity = Adaptive solutions are innovative and costly, but have opportunity for implementation. Adaptive approaches may require coordination with multiple agencies; thus, may lead to disruptions in service and longer implentation times. Solutions may require change in lifestyle or change in political.

Medium Adaptive Capacity = Impacts/threats can be reduced or mitigated to a certain extent; however, adaptive solutions are only feasible for limited assets. Some assets may face difficulties in adapting in terms of cost and implementation. In addition, required coordination with third party agencies may be necessary for adaptivity measures.

High Adaptive Capacity = Assets can adapt with little to no difficulty. Direct influence on the implementation of strategies or solutions for the asset is apparent. Adaptive solutions are highly feasible for most, if not all assets with affordable costs.

Sensitivity Low = Minor repairs and accommodations required with routine maintenance. Slight inconveniences that could be resolved.

Sensitivity Medium = Temporary loss of functionality and operations closure. Moderate repairs and replacements required outside of routine maintenance. Repairs are more extensive and expensive.

Sensitivity High = Significant impact requiring reconstruction of parts or an entirety of an asset. Extensive rehabilitation of assets outside of routine maintenance and repairs. Major expenses required with long durations of repair and loss of functionality. Loss of services.
234
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/10/2025 Paul Seger Sierra Club
Form a Stakeholder Advisory Group: The final CAP should be revised through an inclusive process that actively involves nonprofits, community groups, local watershed and salmon run advocates, and other interested parties. This collaborative approach will ensure that our collective expertise and local knowledge shape the CAP’s measurable targets and enforcement strategies.

Cumming Group
This is not currently feasible given City resources,
project timeline, and staff capacity. No changes were
made, but the City will take this under advisement.

Resolved
4/10/2025 Paul Seger Sierra Club
Request an Extension of the Public Comment Period: Given the significant gaps and the need for more robust stakeholder input, we respectfully request that the City extend the public comment period. An extension will allow time to form a stakeholder advisory group and will facilitate a more comprehensive, community-driven revision process. We respectfully call on the City Council to:
*Extend the CAP review period by at least 45 days
*Hold a second public workshop, co-hosted with local partners *Invite local environmental groups, watershed councils, and equity advocates into a short-term working group to improve the plan’s content Cumming Group
This is not currently feasible given City resources,
project timeline, and staff capacity. No changes were
made, but the City will take this under advisement.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Availability of mitigation for residents? Cumming Group There are actions within the Plan that emphasize
partnerships and programs to provide resources to
residents to support GHG mitigation.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Has this plan been shared with youth? OYAC? High schools? Cumming Group The City facilitated a General Public Comment period
and two public workshops for all residents and age
groups.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee
Add to historical intro in CAPRO (?)

1. Dupont chemical plant 1956-1998
20 years remediation

2. Zhuc (?)
96 capped and abandoned gas wells
Cumming Group Comment is repeated through a separate comment below which has been addressed there. Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee
School district food services link with local farms to purchase local fruit and produce for student meals Cumming Group
Reference to sustainable food systems has been added
in G-3.3 which lists partnerships with school districts on key topics.

Resolved
4/1/2025 Daniel Muelrath Diablo Water District
(DWD)
For your diesel vehicles have you looked at Renewable Diesel to reduce your GHGs? Cumming Group The City will take this under advisement. Resolved 4/2/2025 Gary Farber N/A
Re: Municipal Electricity:

Report indicates that the city uses both PG&E and MCE electricity (2.2.2 on p. 17). The city should use MCE 100% renewable power as soon as this change can be made.

Cumming Group This has been addressed through the goals, targets, and actions in the CAP. Resolved
4/1/2025 Daniel Muelrath Diablo Water District
(DWD)
How does this take into account solar already installed or agencies like DWD that are nearly carbon neutral and will be by Dec 21, 2027? Cumming Group Appendix revisions speak to this point: “This also does not include emissions tied to other agencies that
service Oakley, such as Diablo Water District or nearby transit agencies.”
Resolved
4/2/2025 Gary Farber N/A
The report does not address whether there are toxic waste facilities where sea level rise could cause toxins that are below the surface to migrate beyond their current field to areas where the toxins would cause danger to important ecosystems and to human-occupied areas. See the CA DTSC’s Sea Level Rise web page at https://dtsc.ca.gov/climate-change/ Kimley Horn/Cumming
Group Language has been inserted to address this point. Resolved City of Oakley Climate Action Plan
Draft CAP Public Comment Register

COMMENT REGISTER
20235
235
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/5/2026 Dapushka N/A
Stop wasting time, and money on this nonsense! The 15 minute City with a bicycle? Here? Come on? There are areas of this city where streets need resurfacing. Spend money there. Require residents to keep up property. I saw photos of trash 6 feet high built up at the apartment complex on Carol Lane. Like a 3rd world country! It has taken all my strength not to blast it on X. Let whatever farmers you have left be farmers. Let people just be for God's sake! Go to China, and speak to them about the pollution they create that comes to this area via the Jet Stream. Worry about the homeless on narcotics walking around, and sleeping on the streets here. This nonsense Climate business is over.

Cumming Group The City will take this under advisement. Resolved 4/1/2025 Daniel Muelrath Diablo Water District
(DWD) numbering doesn't start at 1.) Cumming Group Numbering has been revised to start at 1. Resolved 4/1/2025 Daniel Muelrath Diablo Water District
(DWD)
Higher sea level (bay / delta) levels will compound the impacts of high precipitation events.

Kimley Horn/Cumming
Group Language has been inserted to address this point. Resolved 4/1/2025 Daniel Muelrath Diablo Water District
(DWD)
The average annual may stay near consistent, but storms are projected to have higher rain intensities.

Kimley Horn/Cumming
Group Language has been inserted to address this point. Resolved 4/6/2025 Zoe Siegel Greenbelt Alliance

6. Important Modifications to Asset Vulnerability Table The Asset Vulnerability and Climate Hazard Risks Table (Table 4, page 28), lists out the risks and where the city plans to take action. The mitigation strategies for precipitation, flooding and sea level rise are all essentially interchangeable (eg, precipitation and SLR cause flooding) and should be in one column.

Additional recommendations include:
● Add a Legend or Clarify Definitions: "Take Action" vs. "Accept Risk" could be interpreted in many ways. A brief legend could define:
○ What qualifies as a "Take Action" level of risk (e.g., high vulnerability + high consequence?)
○ What "Accept Risk" means — does it imply low vulnerability, or just lower priority?
○ Whether "Take Action" implies an existing adaptation plan or a need for one.

Kimley Horn/Cumming
Group Language has been inserted to address this point. Resolved 4/6/2025 Zoe Siegel Greenbelt Alliance
●
Indicate Time Horizon or Trend: Are these risks current, near-term, or longterm (e.g., 2050 vs. 2100)?
○ This would help prioritize adaptation investments based on when impacts are
expected.
● Link to Existing Plans or Actions. Add icons or footnotes indicating whether an asset:
○ Already has a mitigation/adaptation plan.
○ Has funding allocated or an ongoing project.
○ Is under jurisdiction of a specific agency (for accountability or coordination).
● Group or Layer Assets by Type or System
○ Grouping assets by sector (natural, infrastructure, community) could show which
systems are most broadly exposed.
○ For instance:
■ Ecosystems: Legless Lizard Preserve, Big Break, etc.
■ Lifeline Infrastructure: Water, utilities, hospitals, roads. ■ Community Assets: Downtown Oakley, schools, housing.

Kimley Horn/Cumming
Group Language has been inserted to address this point. Resolved 4/10/2025 Paul Seger Sierra Club Establish a “Climate Resilience Impact Fee” fund, based on parcel-level flood, fire, and heat risk data, and supported by CEQA nexus findings. Cumming Group The City will take this under advisement but will not include in the CAP at this time. Resolved 4/10/2025 Paul Seger Sierra Club
Adopt electrification and EV reach codes effective 2026, and promote builder access to CalGreen Tier 2 incentives, federal 45L tax credits, and CEC’s $25M reach code implementation support fund.

Cumming Group The City will take this under advisement but will not include in the CAP at this time. Resolved
4/10/2025 Paul Seger Sierra Club
Better attract public and private investment through a CAP that is enforceable (will make the city more favorable for various funding and grants, less vulnerable to higher insurance risk scoring/exclusion from regional funding consortia etc.)
Cumming Group
Funding section includes Actions that aim to be
enforceable and effectively attract public and private
investment.

Resolved
236
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/10/2025 Paul Seger Sierra Club
The CAP is riddled with vague language like "consider incentives," "explore options," and "support sustainability efforts" without any measurable goals, deadlines, or enforcement
Cumming Group
Before finalizing and publishing, completed a pass to
ensure at least all targets and actions are
measurable/quantifiable/have deadlines to the extent
feasible.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Let’s be an example for Contra Costa Cities Cumming Group Comment has been integrated as a short statement in the Introduction. Resolved 4/10/2025 Paul Seger Sierra Club Require Enforceable Deadlines, Metrics, and City Council Oversight Cumming Group CAP integrates enforceable deadlines and metrics to the extent possible. Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: G-2.1) A non-profit, special districts etc. Cumming Group CBOs are explicitly mentioned in the next item, no further changes needed. Resolved 3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: G-2.1) Coordinate with Co Cumming Group CO could mean community organizations or county but
hard to say without context. With reference to
"jurisdictions" at many levels, no further changes are
needed.

Resolved
4/1/2025 Daniel Muelrath Diablo Water District
(DWD) (Re: G-2.3) DWD should be part of this too. Cumming Group DWD has been added accordingly. Resolved 3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: G-2.3) Define collaboration Cumming Group This item doesn’t mention collaboration but it does
mention partnering, which is further defined it in the
Actions (which were not included in the workshop) so
this comment is integrated.

Resolved
4/2/2025 Gary Farber N/A
(Re: G3.1, also applies to G-3.2): While the State requires local jurisdictions to report local
climate impacts in terms of GHG emissions, the calculations for this metric rely on an array of
assumptions that may or may not be close to reflecting real conditions. And GHG emissions reports are not very informative to the general public as to the specific types and nature of actions being undertaken to diminish climate impacts.

What would be more useful for the community, and policymakers, to track progress is to report existing conditions and changed conditions of specific systems that impact climate. Such reporting could be updated every one to two years, and report actual quantities – so that residents can gain a real understanding of how much progress has occurred, and how much remains to be done (i.e. the “opportunity” for additional progress in addressing the climate crisis).

Example items to monitor, in total community quantities (where “community” includes residential and commercial properties):
. Space Heating, gas systems, gas to heat pump alterations (community and municipal)
. Water Heating, gas systems, gas to heat pump alterations (community and municipal)
. Total vehicles, electric vehicles, plug-in hybrid vehicles (community and municipal)
. EV charging at existing multifamily (MF) communities
Cumming Group The City takes these examples under advisement and will consider them upon implementation. Resolved
4/8/2025 Marti Roach 350 Contra Costa
A dashboard and regular reports to the public are important accountability measures.

These should indicate metrics on actual actions taken that implicitly reduce greenhouse gas
emissions. For example, the quantity of municipal, residential and commercial buildings that transitioned to operating with GHG free appliances. This plan, in general, lacks measurable targets and measurable actions--key to clear action pathways and accountability.

Cumming Group The City takes these examples under advisement and will consider them upon implementation. Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: G-3.3) Do this more than annually! Cumming Group The City will take this under advisement. Resolved 4/6/2025 Zoe Siegel Greenbelt Alliance

5. Secure Additional Funding for Adaptation to Minimize Taxpayer Burden (Goal G-4: Climate Finance)
● Apply for federal/state climate grants: Pursue FEMA, California Adaptation Grants, and Infrastructure Resilience Funds. ● Implement a climate resilience fee: Introduce developer fees for new construction in high-risk areas to fund local adaptation measures. ● Collaborate with regional partners: Work with Contra Costa cities to secure joint
funding for transportation, flood control, and resilience projects.

Cumming Group
The first suggestion (federal/state climate grants) and the third suggestion (collaborating with regional
partners) are already reflected here in the Actions. The second suggestion (climate resilience fee) has been
considered but ultimately not integrated.

Resolved
237
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/8/2025 Marti Roach 350 Contra Costa
Funding. It is commendable that you addressed funding as an action area.

In our experience, the only way a municipality can move forward significantly is to allocate dedicated funds from the general fund or another stable funding stream to anchor the necessary staff time and/or consultant assistance. Grants can supplement, but this effort will fail to reach its timed targets with no committed core funding.

Related to this, your FTE estimates in the goal table are unclear as they do not indicate the time-frame needed for the FTE requirement. What is your baseline estimate of the FTEs needed between now and 2040 to significantly lead this work?
Cumming Group Language/fine tuning in the ROM Cost columns related to FTEs have been added accordingly. Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Monitor federal EPA (funding opportunities) Cumming Group Federal funding is included in Actions that were not
included in the workshop materials, so no action
needed.

Resolved
4/10/2025 Paul Seger Sierra Club There is no dedicated funding plan for implementing their sustainability goals, which makes their entire strategy meaningless. Cumming Group A key action in the CAP is developing a funding strategy. Resolved 4/10/2025 Paul Seger Sierra Club
Oakley’s CAP is filled with language like “explore,” “consider,” and “support.” These are not action verbs. They do not meet the standard of SB 379, AB 1279, or the Governor’s Executive Orders requiring measurable emissions reduction and resilience progress.

Cumming Group Did a pass replacing some of this language with stronger action verbs for enforceability. Resolved
4/1/2025 Mike Moore Diablo Water District
(DWD)
(Re: gas well sites within the East Cypress Corridor Specific Plan) I would like to bring to your attention an issue that would be of direct concern for the City of Oakley but only tangentially concerning the Climate Action Plan.

Cumming Group This falls outside of the scope for this CAP, but will be take under advisement by the City. Resolved
4/8/2025 Marti Roach 350 Contra Costa
Recommended areas for new actions: Note: the first three are from the SPUR Toolbox
on transitioning to zero pollution building equipment.
https://www.spur.org/sites/default/files/2024-
04/SPUR_Fossil_Free_Heat.pdf

1. Develop programs with oversight from building inspectors to allow licensed contractors to permit, inspect, and certify installations of zeroemission appliances.

2. Streamline city permitting and inspections and amend local zoning and planning codes
to reduce barriers to heat pump installation, including restrictions on available space.

3. Ensure that contractors are legally able to offer temporary loaner gas furnaces and
water heaters (or 120V heat pump water heaters) while permanent zeropollution equipment is being installed.

4. Exploring adding incentives for heat pump and induction stove technology in the
permitting process.

5. Partner with MCE, community groups to identify ways to support lowincome households making the transition to heat pump technology.

Cumming Group
Recommended additional actions are all too specific to
heat pumps, so no additional action is needed, but the
City will take these under advisement.

Resolved
4/2/2025 Gary Farber N/A
Replace such terms as “decarbonization”, “decarbonize”, etc. with such terms as “electrification”, “phasing out GHG emissions” and “phasing out fossil fuels”. Science tells us that we need to phase out not only CO2, but also methane (the primary ingredient in natural gas) and other warming gasses
Cumming Group Per 350 Contra Costa’s similar note, several suggested terminology changes have been made accordingly. Resolved 4/8/2025 Marti Roach 350 Contra Costa
Revise to: “Reduce overall energy demand by electrifying municipal buildings and instituting
other energy efficiency measures.”
(decarbonization covers burning fossil fuels and
embodied carbon so is less useful a term)
Cumming Group This comments aligns with a similar comment from GF.

Recommendation has been made with a few tweaks. Resolved 4/8/2025 Marti Roach 350 Contra Costa

1. Add an Action: “When HVAC and water heater systems need replacing, replace with heat pump technology.”

2. Add an Action: “Replace cooktops, when needed, with induction technology.”
Cumming Group B-1.2 Action 2 covers both items, no additional changes are needed. Resolved
238
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/2/2025 Gary Farber N/A
Re: Existing Municipal Buildings:

A) B1.1 is described as phasing out fossil fuels (“decarbonization” in the report’s terminology), but does not mention existing fossil fuel systems! All existing fossil fuels systems should be evaluated for replacement with electric systems, ASAP.

B) To focus resources where they will be most useful, audits should only be required on buildings that are more than 20 years old. This is a reflection of the fact that, in terms of energy efficiency, the state’s building energy code was fairly stringent 20 years ago (although it did not
address building GHG emissions at that time).

C) Rather than ‘significant remodeling’ being a trigger for municipal building audits, any
municipal building that is over 20 years old that has not had an energy audit in over 15 years ought to receive an energy audit ASAP.

D) LED lighting? Most older buildings use fluorescent lighting. LED lighting is modestly more energy-efficient. However, whether switching from fluorescent to LED is practical should be decided after an energy audit that would assess the cost and energy savings of a variety of energy upgrades.

Certainly, any current incandescent lighting should be replaced with LED lighting ASAP, and any current fluorescent lighting should be replaced with LED when the fluorescent lighting has reached the end of its useful life.

Cumming Group
(A) GF has similar comments throughout the report
requesting that “decarbonization” be replaced with
electrification and be more specific about fossil fuels.

This also aligns with 350 Contra Costa’s comments.

Terminology revisionshave been made throughout
accordingly.
(B) New mention of “older buildings” now in B-1.2 action 2 (C) Do not recommend removing the item about
significant remodels being a trigger, but now have new
mention of “older buildings” and have also added a new
mention about “recent” audits
(D) LED lighting is already in the Actions in B-1.1, no action needed
Resolved
4/8/2025 Marti Roach 350 Contra Costa (Re: Goal B-1) Revise to: “Electrify appliances in municipal buildings and assets by 2035.” Cumming Group This aligns with GF’s comments as well; suggestions have been made accordingly. Resolved 4/2/2025 Gary Farber N/A
Re: Existing Residential and Commercial Buildings:

A) Draft calls for adoption of “Energy-Efficient” Appliances. Building energyefficiency is very important, and the report’s inclusion of building energy audits for existing buildings are welcome. However, the State’s building energy code already calls for use of energy-efficient space and water heating systems. Therefore, the emphasis should change from energyefficient appliances to phasing out fossil fuel (e.g. natural gas) appliances within the existing building stock. The city should establish a strong program of education and incentives to help property owners understand the benefits of switching to electric systems, and to provide financial help where necessary.

B) Is financial support necessary for Oakley residents to use clean, renewable electricity? MCE rates are almost identical to PG&E rates as of March 2025.

C) A very important element is missing from the draft plan’s suggested policies regarding existing buildings: Preparing for the upcoming elimination of natural gas water heating and space heating systems, per BAAD regulations. The city needs to help educate property owners about the new regulations, and the need to assess whether their properties are ready for the switch from gas to heat pump water and heat pump space conditioning systems. Furthermore, the city should help those for whom upgrade costs will exceed their financial means.

Cumming Group
(A) Energy efficient appliances for existing housing
stock is already in B-1.2 action 2. Various actions
across B-1 mention educational resources and
incentives, but language has been clarified little more in B 1.2 action 5.
(B) Language re: financial support for low-income
community members should not be removed entirely;
but content has been moved to a later action where it
worked a little better.
(C) B-1.2 action 2 has been tweaked to mention
educational resources.

Resolved
4/8/2025 Marti Roach 350 Contra Costa (Re: B-1.2): Replace with “Existing residential and commercial buildings will be more energy efficient and rely on non-polluting energy by 2040.” Cumming Group As this aligns with GF’s comments as well, have made a revised adjustment accordingly. Resolved 3/20/2025 Unknown March Strategizing
Workshop Attendee
Need building electrification code by City - needs CEC approval. Define collaborate. Cumming Group The City will take this under advisement. No changes made to language. Resolved 239
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/2/2025 Gary Farber N/A
Re: New Municipal Buildings:

A) The 2025 CA building energy code (effective date 1/1/26) will make electric (i.e. heat pump space and water heating the “standard” (Prescriptive) systems for most buildings. For its municipal buildings, Oakley could simply require that all new buildings use electric heating systems (which inexplicably the current draft SAP does not call for). (see item 2A on page 3 of this letter for additional information on new building electrification trends)
B) There is no need to call for “solar ready” construction. The current CA building energy code includes a Prescriptive solar electric mandate for most buildings, and calls for solar ready accommodations when solar electric systems are not installed.

C) At both existing and new municipal buildings, the CAP should establish a goal for these buildings to include solar electric (PV) collectors, whole building battery systems, and EV charging that is tied to the solar/battery system.

Cumming Group
(A) B-1.3 specifically is about establishing energy
efficiency requirements like electric appliances for new buildings. No further action needed.
(B) Have “softened” B-1.3 action 1 accordingly and now
specifically mention alignment with state goals.
(C) B-1.2 last action already includes PV
installation/energy storage incentivization for different building types. EV charging is in a different category so doesn't specifically need a call out here.

Resolved
4/2/2025 Gary Farber N/A
Re: New Residential and Commercial Buildings:

A) The 2025 CA building energy code (effective date 1/1/26) will make electric (i.e. heat pump) space and water heating the “standard” 4 systems for all residential, and most non-residential, buildings. Already, the current 2022 energy code, which (for the first time) contained a residential building Prescriptive requirement for heat pump water heating in some Climate Zones, heat pump space conditioning in other Climate Zones, and heat pump space conditioning for most nonresidential buildings in all Climate Zones, may be spurring the large majority of new buildings in the State that are being built as all-electric. With the State’s building energy code already considered to be fairly stringent in terms of energy efficiency measures (envelope, lighting and mechanical), and with most new buildings now being designed as all-electric (per IOU data referenced in footnote 5), I recommend that the city focus their efforts on phasing out fossil fuel use within the existing building stock, rather than investing time and effort in developing greater “energy-efficiency” requirements for new buildings.

Furthermore, it is well established that building departments in CA often miss errors in energy compliance reports, in construction documents (i.e. not specifying compliant systems and materials), and in the field miss noncompliant construction features. Improving training of building department staff that are tasked with energy code compliance can be very helpful in improving compliance and reducing energy use and GHG emissions.

Cumming Group
(A) B-1.2 already has goals related to existing housing stock retrofits.
(B) Have “softened” the solar-ready note and it now
mentions alignment with state goals.

Resolved
4/2/2025 Gary Farber N/A
B) There is no need to call for “solar ready” construction. The current CA building energy code includes a Prescriptive solar electric mandate for most buildings, and calls for solar ready accommodations when solar electric systems are not installed.

Cumming Group
(A) B-1.2 already has goals related to existing housing stock retrofits.
(B) Have “softened” the solar-ready note and it now
mentions alignment with state goals.

Resolved
240
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/10/2025 Paul Seger Sierra Club
To avoid placing unfunded mandates on homeowners later, the CAP should commit to front-loading climate responsibility at the point of new development—when it is most feasible and cost-effective. We propose the following:

Climate Resilience Impact Fees:

1. New development must contribute to local infrastructure that mitigates its own impact (e.g., stormwater upgrades, urban forestry, cooling infrastructure).

2. Tier fees based on risk zone (e.g., creek-adjacent parcels, heat islands, areas with known poor drainage).

3. Direct revenues to a Climate Resilience Fund, publicly tracked.

Reach Code Requirement for All Permitted Construction by 2026:

1. Require all-electric, solar-ready, EV-ready new builds

2. Offer rebates to developers who build above code via state and federal incentives

3. Include performance compliance deadlines within 18 months of plan approval
Equity Offset Program:

1. Developer contributions must include a small percentage for retrofits and rebates to help low-income homeowners upgrade older buildings (e.g., for electrification, shade installations, floodproofing) Cumming Group
The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
4/10/2025 Paul Seger Sierra Club The plan does not require net-zero energy construction or all-electric building mandates for new projects. Cumming Group Actions already have similar goals accordingly. Resolved Daniel Muelrath (Re: B-1.3) Energy and water Cumming Group Language has been revised accordingly. Resolved 4/8/2025 Marti Roach 350 Contra Costa
The plan does not reference the Bay Area Air District Appliance rules taking effect in
2027, 2029 and 2031. https://www.baaqmd.gov/rules-andcompliance/ruledevelopment/ building-appliances. Targets and Actions should include planning/action supporting the upcoming elimination of natural gas water heating and space heating systems
through education, policies and practices.

Cumming Group Reference has been added to alignment with regional and statewide regulations in B-1.2 and B-1.3. Resolved
4/10/2025 Paul Seger Sierra Club
We urge the City to introduce a Climate Resilience Fee for new developments in vulnerable areas. Such a fee would fund necessary adaptation projects (e.g., levee reinforcement, creek buffer restoration) and ensure that developers share the long-term costs of climate adaptation, rather than shifting these burdens to homeowners.

Cumming Group
The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: Goal B-1) Free or cheap energy is core to economic success Cumming Group The City will take this under advisement. Resolved 3/20/2025 Unknown March Strategizing
Workshop Attendee
Work with contractors (landscape) that use electrical equipment. Non-gas powered equipment, trucks/vehicles that are electric, etc. Cumming Group The City will take this under advisement. Support for vehicle electrification and Evs is included in the CAP. Resolved 4/2/2025 Gary Farber N/A
Re: Landscape Maintenance Equipment: This category does not appear to be included in the draft CAP. Gasoline powered landscape maintenance equipment is a large source of both toxic air pollutants and GHG emissions.

While CA has banned the sale of many types of gasoline powered maintenance equipment, the State has not banned there use. Many local jurisdictions have banned their use – to reduce both air and noise pollution.

Oakley ought to consider phasing out the use of such fossil fuel burning equipment at both municipal operations and throughout the community.

Cumming Group
The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Solar for homes = cheaper Cumming Group The City will take this under advisement. Resolved 4/10/2025 Paul Seger Sierra Club The solar energy targets are weak, relying on "encouragement" rather than mandates for commercial/industrial buildings to install on-site renewables. Cumming Group The City will take these recommendations under
advisement, but will not integrate into the CAP at this time given present resources.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Plan your trips - encourage neighbors to coordinate shopping Cumming Group The City will take this under advisement. Resolved 4/10/2025 Paul Seger Sierra Club There is no serious commitment to public transit expansion—just vague references to "collaboration" Cumming Group Public transit expansion does not fall under the City's jurisdiction, but the City takes this under advisement. Resolved 241
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/2/2025 Gary Farber N/A
Re: Encourage Transition to Electric Vehicles:

A) Private Vehicles: Accommodate Electric Vehicles (EVs) (T-2.1 (p. 40):

There is now fairly wide availability of public charging infrastructure.

However, public chargers are more expensive to use, and less convenient, than chargers located where residents live. Most plug-in hybrids cannot use DC fast chargers. And studies show that routine (rather than occasional) use of fast charging has a negative impact on battery life. The 2025 CalGreen “green building” code (effective date 1/1/26) will require generous charging infrastructure for new multi-family (MF) buildings. However, there are no State
requirements for adding charging infrastructure to existing MF buildings (except for certain alterations and additions).

Low-power overnight EV charging is the most convenient and least expensive way to charge. However, most residents of existing MF communities do not have access to power for charging plug-in vehicles.

Therefore, it is incumbent upon Oakley to provide education and incentives to owners of existing MF communities (excepting dwellings equipped with private garages). Note that BAAD has an incentive program for adding EV charging infrastructure to existing MF communities; however, most landlords may not be aware of EV charging infrastructure incentive programs.

B) Mandate, or encourage, solar electric plus battery systems at new commercial EV charging stations. Offer incentives for retrofitting solar plus batteries at existing commercial EV charging stations. Incorporating solar plus batteries at charging stations reduces the load on the grid, and would allow the charging station to provide some charging even during grid blackouts.

Cumming Group
(A) Point addressed re: multi-family chargers, have
added reference to it in T-2.1 action 4.
(B) The City will take this under advisement.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: Goal T-2) Concerns grid can’t keep up with demand Cumming Group Already have promoting grid resilience embedded
throughout this document, so no further action here is
needed.

Resolved
4/10/2025 Paul Seger Sierra Club The CAP fails to mandate EV charging infrastructure in all new developments. Cumming Group
The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee
Can this be achieved sooner than 2040? Need specific plan and timetable for swapping gas powered city vehicles for Evs Cumming Group "Specific plan" is well-reflected in the actions; current targets have not been changed but the City will take
this under advisement.

Resolved
4/2/2025 Gary Farber N/A
Re: Municipal Fleet fossil fuel phase-out:

Municipal Fleet fossil fuel phase-out: T-2.2 (p. 40) calls for developing a plan for all new municipal vehicles to be ZEVs. However, the SAP provides no timetable, and it is likely that not all EVs or other possible ZEVs will meet necessary criteria in every case. Therefore, we suggest that the city adopt the following plan, to take affect immediately upon adoption:

A) All new city vehicles shall be EVs (or other ZEVs) when available ZEVs meet city criteria.

B) Where available EVs do not meet city criteria, new city vehicles shall be plug-in hybrids where
they meet city criteria; where available plug-in hybrids do not meet city criteria, new city
vehicles shall be “mild” hybrids.

Cumming Group
The plan does provide a timetable (it says transition by 2040) so no additional response to that point is needed.

The plan already says that newly-purchased city
vehicles should be ZEVs so no additional response is
needed.

All fleet vehicles would eventually be ZEV through the
“fleet management plan” that is developed.

Resolved
4/1/2025 Mike Moore Diablo Water District
(DWD)
There should be a
definite plan to transition from internal combustion trucks to fully electric vehicles in the city's fleet...heavy duty electric vehicles are only 6-8 years behind electric and will catch up if the right conditions are met.

Cumming Group
The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
4/10/2025 Paul Seger Sierra Club The CAP...does not require businesses or government buildings to transition fleet vehicles to electric. Cumming Group
The CAP includes actions pertaining to fleet vehicle
transition. Fleet requirements for businesses is left to CARB to address and does not fall under Oakley's
jurisdiction.

Resolved
4/2/2025 Gary Farber N/A
Re: Smart Zoning and Land-use Planning:

Oakley is a classic example of suburban
sprawl type development. I applaud the CAP for addressing the need to encourage more compact
development in locations that will not only decrease dependence on automobiles, and encourage the use of auto alternatives (transit and active transportation), but also create more convenient mixed use, walkable neighborhoods for those that prefer to live in areas that are not so focused on accommodating private motor vehicles.

Cumming Group The City will take this under advisement. Resolved 242
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/6/2025 Zoe Siegel Greenbelt Alliance

1. Strengthen Flood Resilience (Aligns with Goal A-1: Improve City Infrastructure)
● Expand stormwater capture projects: Install rain gardens, infiltration basins, and
green infrastructure in municipal areas to reduce urban flooding. ● Upgrade drainage systems: Conduct flood risk mapping and enhance stormwater
basins to protect residential areas near Marsh Creek and East Cypress Road.
● Coordinate with Contra Costa agencies: Improve levee maintenance and drainage
infrastructure by leveraging partnerships with Contra Costa County and regional
flood control agencies.

Kimley Horn/Cumming
Group Language has been added accordingly. Resolved
4/6/2025 Zoe Siegel Greenbelt Alliance

3. Increase Wildfire Preparedness (Goal A-1.1: Wildfire Management) ● Improve fire buffer zones: Establish vegetation clearing programs near Oakley’s
grassland-urban interface. Mandate defensible space around homes and businesses to lower the risk of total property loss.
● Enhance emergency evacuation plans: Develop fire escape route maps and ensure
clear signage in high-risk zones.
● Incorporate prescribed burns: Work with regional fire departments and Indigenous
groups on controlled burns to reduce wildfire fuel loads.

Kimley Horn/Cumming
Group Language has been added accordingly. Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee Establish a tree/urban forest master plan Kimley Horn/Cumming Group Language has been added accordingly. Resolved 4/6/2025 Zoe Siegel Greenbelt Alliance

2. Improve Heat Resilience to Lower Energy Costs and Increase Livability (Goal A-1.2: Extreme Heat Adaptation by 2030)
● Expand tree canopy: Target low-income and high-heat neighborhoods for shade tree
planting and prioritize drought-resistant, native species. This would also reduce
cooling costs for homeowners and businesses.
● Install shade structures and cooling amenities: Provide splash pads, shaded bus
stops, and public drinking fountains in heat-vulnerable areas. ● Retrofit public buildings as cooling centers: Upgrade community centers with battery
storage and backup power to function as cooling hubs.

Kimley Horn/Cumming
Group Language has been added accordingly. Resolved
3/24/2025 Mike Moore Diablo Water District
(DWD)
Consider adding a new action about exploring water reduction guidelines for new municipal/community-wide buildings, per an earlier DWD note. Cumming Group The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
4/6/2025 Zoe Siegel Greenbelt Alliance

4. Implement Sea Level Rise Protections to Prevent Property Devaluation (Goal A-3: Infrastructure Design for Climate Impacts)
● Enhance coastal defenses: Work with state and federal agencies to monitor sea
level rise projections
● Update building codes: Require elevated foundations and flood-resistant materials
in new developments near flood-prone zones.
● Support wetland restoration: Restore marshland buffers to absorb storm surges
and prevent coastal erosion.

Kimley Horn/Cumming
Group Language has been added accordingly. Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: Goal A-3) Every 5 years feels too long. Maybe every 2? Cumming Group The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee (Re: Goal A-3.3) Should be annual review Cumming Group "Annual" has been added accordingly. Resolved 4/1/2025 Daniel Muelrath Diablo Water District
(DWD) (Re: Goal A-3.3) Mapping and evacuation road routes. Cumming Group Language has been added accordingly. Resolved 243
Date Name/Source Role/Affiliation Comment Resolver Resolution or Response Status 4/10/2025 Paul Seger Sierra Club
The CAP should include legally enforceable deadlines and specific performance measures for key areas—such as flood resilience (and what that means), shoreline and creekbank protection, and riparian habitat restoration. This must include clear metrics for developer contributions to adaptation infrastructure that will mitigate risks such as sea level rise and groundwater contamination.

Cumming Group A recent pass has been done to make Actions are measurable/quantifiable. Resolved
4/1/2025 Daniel Muelrath Diablo Water District
(DWD) This is vague...what does it mean? Kimley Horn/Cumming Group Language has been added accordingly. Resolved 3/20/2025 Unknown March Strategizing
Workshop Attendee

1. Dupont chemical former plant

2. 96 capped and abandoned gas wells Cumming Group The City will take this under advisement, though this does not fall within the scope of the CAP. Resolved 4/10/2025 Paul Seger Sierra Club The CAP lacks policies for mandatory conservation easements, which would ensure that some land is permanently protected. Cumming Group Addressed through Kimley Horn's edits. Resolved 4/1/2025 Daniel Muelrath Diablo Water District
(DWD) (Re: A-4.3) Should apply to stormwater, water, sanitary, etc. Cumming Group Language has been added accordingly. Resolved 4/10/2025 Paul Seger Sierra Club
Oakley has no strategy to prevent farmland destruction, as evidenced by the Bridgehead project and previous rezoning actions that replaced prime agricultural land with warehouses.

Cumming Group
The City will take these recommendations under
advisement, but will not integrate into the CAP at this time.

Resolved
3/20/2025 Unknown March Strategizing
Workshop Attendee
Work with entities doing this work! Contra Costa Resource Conservation District, Land Trusts Cooperative Extension. All of the above if possible. Cumming Group New explicit mentions to parallel organizations have been added accordingly. Resolved 4/1/2025 Daniel Muelrath Diablo Water District
(DWD)
Seems like a miss to not mention Sustainable Coco somewhere in the CAP as they are a huge potential resource. Cumming Group
Have added direct mention under G-2.2 (Develop
guidelines for effective engagement and collaboration
with CBOs)
Resolved
Daniel Muelrath (Re: Table B-1) What about renewable diesel? Cumming Group The City will take this under advisement. Resolved 3/24/2025 Mike Moore Diablo Water District
(DWD)
There are references in Oakley Climate Action Plan to a 2018 Local Hazard Mitigation Plan (LHMP). The City Council of Oakley approved the 2024 Oakley LHMP Annex on February 11, 2025 and the County Board of Supervisors approved the County LHMP Vol 1 at the November 5, 2024 Board Meeting. These are the following CAP pages where I found references to the 2018 LHMP: 66, 70, 71, 73, 80, 81, 82.

KS: This is a comment we also received from DWD. We do need to update the document to reference the currently approved 2024 Hazard Mitigation Plan. Link to County’s main page with Oakley’s annex and County’s plan:

Local Hazard Mitigation Plan | Contra Costa County, CA Official Website Kimley Horn/Cumming
Group Language has been added accordingly. Resolved
4/1/2025 Mike Moore Diablo Water District
(DWD)
DWD has a series of detailed comments throughout Appendices C and D highlighted in purple. @KH team I have provided those PDF comments directly in my email thread.

Kimley Horn/Cumming
Group Language has been added accordingly. Resolved
244
1 City of Oakley
Climate Action Plan
Public Comment Period: Summary of Feedback Addressed
In response to the 100+ comments generated from the City of Oakley’s Public Comment Period between March and April 2025, the project team organized, considered, and in many cases integrated Climate Action Plan (CAP) edits into the final CAP. A summary of major public comment feedback integrated into the final CAP is included below.

Enforceable Language
In response to comments from members to of the public as well as climate organizations such as the Sierra Club and 350 Contra Costa, the final CAP includes changes to language to ensure that Targets and Actions are measurable and quantifiable to the extent feasible (e.g., replacing “Adopt policies” with “Require”).

Buildings and Energy Section Refinement
In accordance with feedback from members of the public as well as local climate organizations such as 350 Contra Costa and the Sierra Club, the final CAP includes a variety of refinements to the Buildings and Energy category. These edits include increased specificity in language by replacing terms like “decarbonization” with “electrification”, adjustments to goals related to older buildings and building retrofits and their relationship to energy efficiency upgrades and appliance replacements, and clarification surrounding EV charging incentives and the transition to an electric municipal fleet.

Climate Vulnerability and Adaptation Iteration
In response to comments from members of the public as well as peer agencies like the Diablo Water District, the final CAP includes adjustments in its references to future precipitation patterns, flooding/storm risk and resilience, wildfire risk, and extreme heat, in alignment with local subject matter experts.

Direct References to Collaborating Entities
In accordance with comments from Oakley’s March public workshop as well as peer agencies like the Diablo Water District, the final CAP includes more direct references to collaborating jurisdictions, entities, and organizations, such as Contra Costa County, Tri Delta Transit, Diablo Water District, and Sustainable Contra Costa.

Date and Cadence Updates
In response to wide-ranging comments regarding CAP enforceability and timeline for goals, the final CAP includes a variety of smaller adjustments to elements such as cadence for recurring activities, estimated completion dates, and other language adjustments.
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247
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249
RESOLUTION NO. -25

A RESOLUTION OF THE CITY OF OAKLEY CITY COUNCIL ADOPTING THE CITY OF OAKLEY CLIMATE ACTION PLAN 2025
WHEREAS, a Climate Action Plan (CAP) is a document that lays out a plan for how an agency will aim to reduce greenhouse gas (GHG) emissions, usually through decarbonization and greening efforts, and bolster infrastructural and community-wide resilience to the impacts of climate change; and
WHEREAS, the State of California has set forth climate goals for continued reduction of GHG emissions and total carbon neutrality by 2045; and WHEREAS, the State’s Climate Change Scoping Plan encourages local governments to adopt goals to reduce GHG emissions consistent with the state’s goals which are 15% below 1990 levels by 2020, 40% below 1990 levels by 2030, and 80% below 1990 levels by 2050; and
WHEREAS, Oakley General Plan Program 6.2.B states, “Adopt and implement a Climate Action Plan by 2025 that complies with State greenhouse gas emission targets;” and
WHEREAS, adopting a CAP that complies with the state’s GHG reduction targets is a crucial next step for the City to meet the state’s GHG emission targets; and WHEREAS, on November 14, 2023, the City Council adopted Resolution 111-23 for the purposes of soliciting Request for Proposals and Qualifications ("RFP”) for the purposes of securing planning consulting services to support the City in completing a Climate Action Plan. The RFP included an amount not to exceed $100,000, all of which was appropriated under Consulting for the Planning Division in the 2023-2024 Fiscal Year General Fund budget; and
WHEREAS, on March 26, 2024, the City of Oakley adopted Resolution 42-24 to formally develop a Climate Action Plan and engaged consultant Cumming Group to manage and execute this process; and
WHEREAS, the City of Oakley held a public workshop on November 18, 2024, focused on introducing the public to the concept of the CAP, the goals of the document, and receiving input on what the public wants to see as part of the document’s adoption and implementation; and
WHEREAS, the City of Oakley held a public Joint Work Session On January 28, 2025, with the City Council and the Planning Commission with the goal of reporting out on the progress on the City of Oakley’s CAP and review of the initial menu of goals, targets, and actions for the plan. The City Council and Planning Commission provided feedback on the four sustainability categories (Governance and Leadership, Buildings 250
Reso. No. -25 Page 2 of 4 June 10, 2025
and Energy, Transportation and Land Use, and Adaptation and Resilience) presented by the Cumming Group and Staff; and
WHEREAS, the City of Oakley held a second public workshop on March 20, 2025, provided the public with a more focused approach where Cumming Group presented the CAP Goals and Targets and asked the public to participate in a Stoplight Poll. The poll allowed the public to provide feedback on the goals and targets that would be outlined in the CAP; and
WHEREAS, The CAP is consistent with the Strategic and Thoughtful Growth Objectives within Oakley’s Strategic Plan 27+, as it furthers the City’s efforts to encourage objective decision-making versus subjective decision-making for application approvals to meet Oakley’s vision and economic goals. This is done by focusing on formal plans and study outcomes; and
WHEREAS, The CAP aligns with the City of Oakley’s Strategic Plan 27+ objectives, specifically the Strategic and Thoughtful Growth objective, by promoting environmental stewardship through goals related to energy efficiency, air quality, and greenhouse gas emissions. The Strategic Plan further recommends adoption and implementation of a Climate Action Plan by 2025 that meets the State’s greenhouse gas reduction targets and supports the broader goals of the Oakley General Plan. The CAP supports the objectives and goals outlined in the Strategic Plan; and WHEREAS, Pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15060(c), the Climate Action Plan is potentially considered a project under CEQA; and
WHEREAS, Pursuant to CEQA Guidelines Section 15061(b)(3) the Climate Action Plan is covered by the “Common Sense” Exemption that excludes projects where “The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”; and WHEREAS, on May 6, 2025, the Planning Commission opened the public hearing at which it received a report from City Staff and the City’s consultant, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission took a vote and adopted Resolution 3-25 to recommend the City Council approve the City of Oakley Climate Action Plan 2025; and WHEREAS, on or before May 30, 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, and outside the library at Freedom High School located at 1050 Neroly Road, and was mailed out to outside agencies, and parties requesting such notice; and
251
Reso. No. -25 Page 3 of 4 June 10, 2025
WHEREAS, on June 10, 2025, the City Council opened the public hearing at which it received a report from City Staff and the City’s consultant, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a vote and adopted this resolution to adopt the City of Oakley Climate Action Plan 2025; and
WHEREAS, if any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the Project, shall continue in full force and effect unless amended or modified by the City; and
WHEREAS, these Findings are based on the City’s General Plan, the City’s Zoning Ordinance, and the information submitted to the City Council at its June 10, 2025 meeting, both written and oral, including oral information provided by the applicant, as reflected in the minutes of such meetings, together with the documents contained in the file for the project (hereinafter the “Record”).

NOW, THEREFORE, BE IT RESOLVED THAT, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the approvals:

A. The foregoing recitals are true and correct and are incorporated by reference into this action;
B. The Climate Action Plan conforms to the provisions and standards of the General Plan;
C. The Climate Action Plan is consistent with the balance of the General Plan.

D. The Climate Action Plan is necessary to implement the goals and objectives of the General Plan, specifically General Plan Program 6.2.B that states, “Adopt and implement a Climate Action Plan by 2025 that complies with State greenhouse gas emission targets;
E. The Climate Action Plan is consistent with the Strategic and Thoughtful Growth Objectives within Oakley’s Strategic Plan 27+, as it furthers the City’s efforts to encourage objective decision-making versus subjective decision-making for application approvals to meet Oakley’s vision and economic goals; F. The Climate Action Plan aligns with the City of Oakley’s Strategic Plan 27+ objectives, specifically the Strategic and Thoughtful Growth objective, by promoting environmental stewardship through goals related to energy efficiency, air quality, and greenhouse gas emissions.

G. The Climate Action Plan is consistent with the Strategic Plan’s recommendation 252
Reso. No. -25 Page 4 of 4 June 10, 2025
to adopt and implement a Climate Action Plan by 2025 that meets the State’s greenhouse gas reduction targets and supports the broader goals of the Oakley General Plan;
H. The project complies with Measure J Growth Management requirements.

BE IT FURTHER RESOLVED THAT, on the basis of the above Findings and the Record, the City Council hereby adopts a resolution adopting the City of Oakley Climate Action Plan 2025.

PASSED AND ADOPTED by the Planning Commission of the City of Oakley at a meeting held on the 10th day of June 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:

Shannon Shaw, Mayor Date
ATTEST:

Kim Snodgrass, City Clerk Date
253

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: June 10, 2025
TO: Joshua McMurray, City Manager
FROM: Danielle Navarro, Assistant City Manager
SUBJECT: Waive the First Reading and Introduce an Ordinance Repealing and Reenacting Chapter 2.5 of the Oakley Municipal Code Concerning Emergency Organizations and Functions
Background and Analysis
In 2023, Staff contracted with Aegis Emergency Management to conduct an Emergency Management Program Assessment, which was received by the City Council and presented at the March 28th Council meeting that year. At the meeting, the City Manager reported that the Emergency Management Program would shift from the Police Department to the City Manager’s Office under the new Assistant City Manager and additional items would be brought back to the Council to implement the City’s Emergency Operations Plan.

The Assistant City Manager was hired in April 2023 and has been actively working with the Information Technology Manager to update the City’s technology; updating the 2018 draft of the Emergency Operations Plan (EOP) as recommended by the Assessment and in compliance with new emergency planning legislation; sharing community emergency preparedness information with the community; updating the City’s emergency services webpages; participating in the Multiagency Coordination (MAC) group through the Contra Costa County Office of Emergency Services (County OES), including twice serving as a functional exercise evaluator; and attending emergency operations trainings. Stakeholders, including County OES staff, are currently reviewing the EOP before it is submitted for City Council adoption.

In advance of the adoption of the EOP, staff proposed amendments to Oakley Municipal Code Chapter 2.5, Emergency Organization and Functions at the May 27, 2025 City Council meeting to: 1) implement the 2023 Emergency Management Program Assessment recommendations; 2) reflect position changes as a result of the City’s 2023 reorganization; and 3) increase the purchasing authority in exigent circumstances in line with the current and rising costs of goods and services. At the meeting, the Council gave direction to Staff to make the following two changes to the proposed ordinance:

2.5.012(b) In the event the Director is unavailable to attend meetings or otherwise unable to perform his/her duties during an emergency, the office will be assumed by the following individuals in order of succession: Assistant Director, Chief of Police, Public Works Director/City Engineer, orthen other City employee as designated by the City Council.

Approved and
Forwarded to the
City Council
254
2 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
 2.5.018(a) Each Council member shall nominate one standby member. Standby members must have prior experience having served on an public agency board, commission or council. Consideration shall be given to places of residence and work, so that the greatest possibility of survivorship or availability shall exist.

With the City Council consensus, the nominees shall then be appointed as standby Council members. Following the initial appointment of standby Council members, standby members shall be appointed at the first regular Council meeting following the swearing-in of newly elected or appointed members.

Consistency with the Oakley Strategic Plan 27+
Strategic Plan 27+ includes with the Community Health and Safety Goal several objectives and subobjectives related to Emergency Operations, including:
 Create an Emergency Disaster and Response Plan including resiliency resources.
o Develop a Communication Plan for emergency responders, Public Works, the public and other key stakeholders.
o Provide and reinforce public and staff training through regular community meetings.
o Ensure resiliency to power outages.
o Implement training, communicate broadly, and seek grants for implementation.
o Modernize the Oakley Emergency Operations Center (EOC).  Address streets and main arteries vulnerable to fire, flood, and traffic hazards with improving infrastructure and evacuation plans to provide for safe passage for people including emergency responders.

Fiscal Impact
There is no fiscal impact to introduce the ordinance.

Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance repealing and reenacting Chapter 2.5 of the Oakley Municipal Code concerning emergency organizations and functions.

Attachments

1. Proposed Ordinance
255

ORDINANCE NO. __-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY REPEALING AND REENACTING CHAPTER 2.5 OF THE OAKLEY MUNICIPAL CODE

CONCERNING EMERGENCY ORGANIZATION AND FUNCTIONS
THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Oakley Municipal Code Chapter 2.5 is repealed and reenacted as follows:

CHAPTER 5

EMERGENCY ORGANIZATION AND FUNCTIONS

2.5.002 Purposes.

The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying outexecution of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.

2.5.004 Definitions.

As used in this chapter:
“Assistant Director” shall mean the Assistant Director of Emergency Services. “Director” shall mean the Director of Emergency Services. "Emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. "Exigent circumstances" are shall mean situations in which a disaster or emergency has been proclaimed, and the urgency of the public exigency need for goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation.

2.5.006 Disaster Council Membership.

The Oakley Disaster Council is hereby created and shall consist of the following:
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a. The Mayor, who shall be Chairperson.
b. The Director of Emergency Services, who shall be Vice-Chairperson. c. The Assistant Director of Emergency Services.
d. Such Directors of Emergency Services as are provided for in a current emergency plan of this City, adopted pursuant to this section.
e. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.

2.5.008 Disaster Council Powers and Duties.

It shall be the duty of the Oakley Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson or, in his/her absence from the City or inability to call such meeting, upon call of the Vice-Chairperson.

2.5.010 Director and Assistant Director of Emergency Services. a. There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
b. There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services at the same time as provided for the appointment of standby Council members as set forth in Section 2.5.018(a). The Assistant City Manager shall be the Assistant Director.

2.5.012 Powers and Duties of the Director and Assistant Director of Emergency Services.
a. The Director of Emergency Services is hereby empowered to:
1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. 2) Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.
3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this section.
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4) Direct cooperation between and coordination of services and staff of the emergency organization of this City and resolve questions of authority and responsibility that may arise between them.
5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Secretary of the California Emergency Management Agency, or the existence of a state of war emergency, the Director is empowered to:
a) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
b) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
c) Require emergency services of any City officer or employee and in the event of the proclamation of a State of Emergency in the County in which this City is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
d) Requisition necessary personnel or material of any City department or agency; and
e) Execute all of the ordinary powers of City Manager, all of the special powers conferred upon him/her by this section or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any statute, by any agreement approved by the City Council, and by any other lawful authority, and delegate duties as necessary. b. The Emergency Operations Center Director shall designate the order of succession to that office, to take effect iIn the event the Director is unavailable to attend meetings and or otherwise unable to perform his/her duties during an emergency. Such order of succession shall be approved by the City Council, the office will be assumed by the following individuals in order of succession: Assistant Director, Chief of Police, Public Works Director/City Engineer, then other City employee as designated by the City Council.
c. The Assistant Director shall, under the supervision of the Director and with the assistance of the Disaster Council and Emergency ServiceOperations Center Section 258

Chiefs, develop emergency plans and manage the City’s emergency operation programs of the City; and shall have such other powers and duties as may be assigned by the Director.

2.5.014 Emergency Organization.

All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.5.012(a)(6), be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of Oakley.

2.5.016 Emergency Plan.

The Oakley Disaster Council shall be responsible for the development of the City of Oakley Emergency Operations Plan, which plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.

2.5.018 Standby City Council Members.

Standby members of the City Council are hereby authorized pursuant to the provisions of California Government Code Sections 8635 through 8644. a. Each Council member shall nominate one standby member. Standby members must have prior experience having served on an public agency board, commission or council. Consideration shall be given to places of residence and work, so that the greatest probability of survivorship or availability shall exist. With City Council consensus, the nominees shall then be appointed as standby Council members.

Following the initial appointment of standby Council members, standby members shall be appointed at the first regular Council meeting following the swearing-in of newly elected or appointed members.
b. A standby Council member shall confirm his or her acceptance of the appointment by taking the oath of office set forth in Article XX, Section 3, of the Constitution of the State of California at the time of appointment set forth in subsection (a) of this section. c. Standby Council members must be informed of the duties of a Council member, be provided a copy of Article 15, Chapter 7, Division 1, Title 2 of the California Government Code, keep informed of the business of the City Council to fill the position competently, immediately report for duty during a state of war emergency, a state of emergency or a declared local emergency, and fill the position when the Council member is unavailable during a state of war emergency, a state of emergency or a declared local emergency. d. Standby Council members may become activated during a state of war emergency, a state of emergency or a declared local emergency. No standby member shall become a member of the City Council unless there is a declared emergency described above. 259

The mere vacancy of the regular Council member’s office absent a declared emergency shall not activate the standby member. The standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including standby officers who are serving. Standby Council members shall serve at the pleasure of the governing body appointing them, and may be removed and replaced at any time with or without cause.
e. Upon standby Council members becoming activated, the City Council shall, if necessary, determine offices. In the event that both the Mayor and Vice Mayor shall be unavailable, then the remaining regular members of the Council shall determine the Temporary Presiding Officer. No standby Council member shall become Mayor or Temporary Presiding Officer if any of the regular Council members are available to fill such position, although the standby member shall continue to serve as a member of the governing body until the termination of the emergency, until the regular member becomes available, or until the regular member is replaced pursuant to provisions of State law.
f. The functions and duties of standby members shall be as described in California Government Code Section 8641 and successor legislation.

2.5.020 Expenditures.

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Oakley. This section modifies the City’s normal purchasing practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City will able to acquire the goods and services required to address an immediate threat to life, public health or safety, or to eliminate/reduce an immediate threat of significant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and State purchasing laws.

Where the City is included in a major disaster or emergency declared by the President of the United States, this policy also assures that City procurements comply with Federal regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200 (2 CFR Part 200). a. A proclaimed disaster or emergency exists if the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or the City ManagerDirector of Emergency Services of the City has declared an emergency in the City.
b. "Exigent circumstances" are situations in which a disaster or emergency has been proclaimed, and the public exigency for goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through costeffective measures will not permit competitive solicitation. 260

2.5.022 Delegations of Purchasing Authority in Exigent Circumstances.

If the City ManagerDirector determines that goods and services must be procured before the City Council or its designee(s) is able to assemble and approve purchases, the City ManagerDirector has authority, subject to the limitations set forth in subsections (a) and (b) of this section, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
a. Limits of Single Purchasing Authority. The City ManagerDirector shall have the authority to make individual purchases up to $150250,000 on his or her signature alone.

The Director shall have the authority to make individual purchases in excess of $150250,000 up to a maximum of $250500,000 when countersigned by the Mayor or in the Mayor’s absence, countersigned by another Council member. b. Limits of Aggregate Purchasing Authority. The City ManagerDirector shall have the authority to make aggregate purchases up to $150500,000 on his or her signature alone. The City ManagerDirector shall have the authority to make aggregate purchases in excess of $150500,000 up to a maximum of $250750,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by another Council member. c. Purchases made during a proclaimed emergency or disaster may be taken from the reserve balance of the General Fund to the extent they exceed previously budgeted items.
d. The Emergency Operations Center Director shall be a designee of the City Manager at any time the City Manager is not available to approve purchases as allowed in this section.
d. If neither the City Manager nor the Director or the Assistant Director is available, the Police Chief, and/or Police Department Watch Commander, have authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary for his or her department to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures, up to a maximum of $75,000.
f. Administrative Procedures.
1) As soon as possible after purchases are made under this section, the City Manager, Emergency Operations Center Director, or department headpurchaser shall submit to the Finance DirectorManager a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated. 2) The Finance DirectorManager will inform the City ManagerDirector and the City Council or its designee(s) of any individual purchase under this section with a 261

contract amount greater than $75,000, and whenever the aggregate of purchases under this section is greater than $150,000.
3) The Finance DirectorManager will obtain the City Manager’s (or Emergency Operations Center Director as the City’s Manager’s designee)Director’s approval prior to any purchase by a department head if the amount is $75,000 or more. 4) If the City Manager/Emergency Operations Center Director or Assistant Director is unavailable, and the delay in getting his/her signature would imperil life, safety or improved property, the Police Chief, and/or Police Department Watch Commander, or his/her designee may approve the emergency purchase of $75,000 or more.
5) The Finance DirectorManager shall have the authority to approve all disaster related purchases under $150250,000. The Mayor’s signature is required for all individual or aggregate purchases over $250,000.
6) The Finance DirectorManager will expedite the verification of funds available and complete the preparation of the purchase order.

2.5.024 Procurement Procedures in Exigent Circumstances.

Upon receipt of requisitions under Section 2.5.022, the Finance DirectorManager shall prepare purchase orders for the emergency equipment, supplies, services or other items in accordance with the requirements of this section. a. Exempt Purchases. Purchases below $2550,000 shall not be required to be formally bid per Section 3.6.010. Purchases greater than $2550,000 may be made following the procedures specified in this section. The signature(s) of the City ManagerDirector of Emergency Services, Finance DirectorManager and/or department headPolice Chief and/or Police Department Watch Commander are still required as provided in Section 2.5.022.
b. Justification of Sole Source or No-Bid Contracts. Where exigent circumstances require immediate procurement from the nearest available source:
1) The Finance DirectorManager shall use the "Justification Form for Emergency Sole Source or No-Bid Purchase."
2) Procurement should be limited to that portion of the work that must be performed immediately, allowing subsequent procurement by competitive proposals of the remainder of the work.
3) "Sole source" or "no-bid" acquisitions shall be necessary for one of the following reasons: placement of emergency protective measures, procurement of a scarce commodities, goods, or services or acquisition or rental of emergency equipment, emergency consulting services, emergency road clearance or other emergency requirements.
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c. Provision for Alternate Bid Solicitation Procedures. The City’s normal requirements for sealed bids shall not apply to acquisitions under Section 2.5.022. However, the Finance DirectorManager shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances.
d. Locations of Postings for Requests for Proposals or Solicitation of Bids. The Finance DirectorManager may waive normal requirements for public posting of requests for proposals or solicitation of bids. Notices soliciting bids or requests for proposals shall be posted at the Emergency Operations Center or Alternate Emergency Operations Center, if the Primary Emergency Operations Center is not being used. e. Length of Time for Posting Requests for Proposals or Solicitation of Bids. The Finance DirectorManager may shorten the normal bid period from ten (10) days to expedite the award of contracts for emergency equipment, goods, or services. The Finance DirectorManager should seek to assure that the shortened bid period allows multiple suppliers to submit bids.
f. Number of Bids Required. Solicited bids that are nonresponsive shall count towards the minimum numbers of bids required when there is a declared emergency or disaster in the jurisdiction. All such no-bids must be documented as to time, date and person or company contacted, with a reason for the no-bid, if possible.

2.5.026 Notification and Ratification.
a. Posting of Contract Awards. Under this section, all contracts awarded that exceed $150,000 shall be presented to the City Council for ratification and thereafter, shall be publicly posted within sixty (60) days of the award.
b. Authority to Cancel Emergency Procurements. As a provision of this chapter, the City has the absolute authority to rescind a contract for nonperformance within twentyfour (24) hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or nonperformance presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
c. Notification Requirement for Emergency Purchases. For any purchase in excess of $150,000, the City ManagerDirector shall report all such purchases to the City Council within thirty (30) days of the onset of the disaster.
d. Requirement for Separate Invoicing. All purchases or rentals made during proclaimed emergency or disaster conditions shall require separate invoicing from routine (non-disaster related) purchases. All invoices shall state the goods, services or equipment provided and shall specify where the goods or services were delivered. All invoices shall specify the locations where the goods or services were used if at all possible.
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e. Auditing of Invoices for Debris Clearance Prior to Payment. All invoices for debris clearance and removal shall be audited by the City prior to payment to the vendor.

Vendors shall be notified of this requirement prior to the awarding of any contract for debris clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide.
f. Limitations of Disaster Purchasing Policy. For the purposes of this section, an emergency or disaster shall be deemed to exist when a condition exists that presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through costeffective measures and a local emergency or disaster has been proclaimed. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through costeffective measures shall follow the City’s regular purchasing provisions.

Notwithstanding the terms of this policy, nothing contained herein shall conflict with Federal procurement regulations as currently defined in 2 CFR Part 200.

2.5.028 Punishment of Violations.

It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
a. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him/her by virtue of this section. b. Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to be given or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof.
c. Wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the State.

SECTION 2. CEQA FINDING.

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

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

SECTION 4. EFFECTIVE DATE AND PUBLICATION.

This ordinance shall take effect and be in force and effect 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 office of the City Clerk 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.

PASSED AND ADOPTED by the City Council of the City of Oakley this ___ day of ___________ 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Shannon Shaw, Mayor
ATTEST:
___________________ _________________
Kim Snodgrass, City Clerk Date
265

STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561 1
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: June 10, 2025
TO: Joshua McMurray, City Manager
FROM: Harumi Murata, Economic Development Analyst
SUBJECT: Adopt a Resolution Approving the Second Amendment to the Lease Agreement with Guanatos Ice Cream (3330 Main Street)
Background and Analysis
The original Lease Agreement with Guanatos Ice Cream was executed on July 1, 2015, as part of the City’s downtown revitalization strategy. Since that time, the lease has been amended on June 1, 2020, to extend the lease term and adjust the rent, incorporating clarifications to the rent structure and utility responsibilities.

Guanatos has since made significant direct investments, exceeding $250,000, in tenant improvements to operate a family-owned ice cream shop that has become a community fixture in downtown Oakley.

Under the proposed Second Amendment, the following terms will apply:
 Term Extension: The lease is to be extended for five years, commencing July 1, 2025, and expiring June 30, 2030.
 Rent Adjustment: Monthly rent shall increase to $4,000, payable in advance on the first day of each month.
 Utilities: Monthly rent will now include electric (PG&E) charges. The building is served by a single electrical meter that makes precise tenant-by-tenant allocation impractical. PG&E use by Guanatos Ice Cream is estimated to range from $2,000 to $2,500/month. Lessee remains responsible for directly paying for water (individually metered) and garbage services.

Guanatos has remained a stable and valued tenant for nearly a decade and has made significant capital improvements to the facility since the inception of the lease. Based on historical estimates, their electricity usage averages $2,000–$2,500/month, which is now incorporated into a predictable flat rent figure. This benefits both parties by avoiding ongoing administrative efforts to allocate PG&E charges each billing cycle and provides budget certainty to the tenant.

In exchange, the City receives continued occupancy of a prominent downtown storefront, supports a local business, and ensures lease terms that reflect market and utility realities while recognizing past investments by the tenant.

Consistency with the Oakley Strategic Plan 27+
The recommendations included in this item align with the following goals and objectives:

The Community and Economic goal and Strategic and Thoughtful Growth (1) attract Approved and
Forwarded to the
City Council
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people downtown to live, work, and play, and (2) develop or sell City-owned properties for the benefit of the community.

Fiscal Impact
Under the new lease terms, the City will receive $48,000 annually in rent revenue, inclusive of electricity costs. All other expenses, including water and garbage services, will continue to be paid directly by the Lessee.

Staff Recommendation
Staff recommends that the City Council adopt a resolution approving a lease amendment that extends the term through June 30, 2030, and establishes a revised monthly rent of $4,000, inclusive of PG&E charges.

Attachments

1. Second Amendment to Lease Agreement

2. Original Lease Agreement and Prior Amendments

3. Resolution
267

SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into this 1st day of July, 2025, by and between the City of Oakley, a municipal corporation ("Lessor"), and Guanatos Ice Cream ("Lessee").

This Amendment modifies the Lease Agreement dated July 1, 2015, and the subsequent Amendments dated June 1, 2020, by and between the parties. All terms, covenants, and obligations of the Lease Agreement and prior amendments not expressly modified by this Amendment shall remain in full force and effect.

I. Term Extension
a. The lease shall be extended for an additional five (5) years, commencing on July 1, 2025, and expiring on June 30, 2030, subject to all existing terms and conditions of the Lease Agreement and prior amendments, except as modified herein.

II. Rent Adjustment
a. Effective July 1, 2025, the monthly rent shall be increased to Four Thousand Dollars ($4,000.00), payable in advance on the first day of each month.

III. Utilities
a. The monthly rent shall include payment for PG&E (electric utility) charges, which are measured through a single meter serving the entire building. b. Lessee shall continue to be responsible for all other utility services, including but not limited to water usage (individually metered to the space) and garbage collection, which shall be paid directly by Lessee to the respective service providers.

IN WITNESS WHEREOF, the parties have executed this Second Amendment to the Lease Agreement as of the date first written above.

LESSOR LESSEE
City of Oakley, A Municipal Corporation Guanatos Ice Cream By: ______________________ By:___________________
Joshua McMurray, Oscar Salazar
City Manager President/Owner
ATTEST:
__________________________
Kim Snodgrass
City Clerk
APPROVED AS TO FORM:
_______________________
Derek P. Cole
City Attorney 268
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Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. X-25

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

THE SECOND AMENDMENT TO THE LEASE AGREEMENT WITH GUANATOS ICE CREAM FOR THE PROPERTY LOCATED AT 3330 MAIN STREET
WHEREAS, the City of Oakley (“City”) entered into a Lease Agreement dated July 1, 2015, with Guanatos Ice Cream (“Lessee”) for the City-owned property located at 3330 Main Street, Oakley, California; and
WHEREAS, the lease was subsequently amended on June 1, 2020, to clarify terms related to rent, utilities, and lease obligations; and
WHEREAS, the Third Amendment to the Lease Agreement extends the lease term for an additional five (5) years, commencing on July 1, 2025, and expiring on June 30, 2030, and sets the monthly rent at $4,000 inclusive of PG&E electric utility charges, while maintaining Lessee’s responsibility for water and garbage services; and WHEREAS, staff has determined that the terms set forth in the Second Amendment are fair and reasonable and serve the City’s economic development objectives by retaining a locally owned small business in the Downtown.

BE IT RESOLVED that the City Council of the City of Oakley hereby approves the lease amendment that extends the term through June 30, 2030, and establishes a revised monthly rent of $4,000, inclusive of PG&E charges.

PASSED AND ADOPTED by the City Council of the City of Oakley this 10th day of June 2025 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
287
May 2025 New In-Town Business Licenses
Full Name Primary Contact Email Address Full Primary Address Active Licenses CLOSET VAULT BY NB [email protected] 4661 PINOT CT
OAKLEY CA 94561-1832

HOME BASED BUSINESS LICENSE
EL TARASCO [email protected] 3685 MAIN ST
OAKLEY CA 94561-5781

BUSINESS LICENSE
GUARDIAN RIDE CARE [email protected] 210 STRATFORD CT OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
JENNY'S BEAUTY GLAM [email protected] 3460 MAIN ST OAKLEY CA 94561

BUSINESS LICENSE
KEY FINANCIAL SOLUTIONS LLC [email protected] 374 PARKFIELD WAY OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
MR ALL IN ONE [email protected] 5207 STRATFORD DR
OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
OAKLEY INVESTMENT GROUP LLC SRI@KEY FINANCIALS.COM 374 PARKFIELD WAY OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
PRECISION SCAFFOLDING SYSTEMS F.RAMIREZ@PRECISIONSCAFFOLDINGSYSTEMS .COM
104 GENOA WAY
OAKLEY CA 94561

HOME BASED BUSINESS LICENSE
8 288

STAFF REPORT

CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: June 10, 2025
TO: Joshua McMurray, City Manager
FROM: Ken Strelo, Community Development Director
SUBJECT: Housing Element Implementation – Work Session to discuss potential Housing Element Rezone and Affordable Housing Overlay sites related to Regional Housing Needs Allocation compliance
Summary
This is a Staff-initiated work session to discuss methods of implementation and receive direction related to Policy Action 1.1 of the City of Oakley 6th Cycle Housing Element 2023-2031 (“Housing Element”) which requires “Rezone of Adequate Sites to Meet Remaining RHNA (Regional Housing Needs Allocation) Need.” The Housing Element was certified by the State Department of Housing and Community Development (“HCD”) on May 24, 2023, which provided the City of Oakley three years from January 31, 2023 to satisfy the City’s RHNA.

Background and Discussion

CERTIFIED HOUSING ELEMENT
The Housing Element is one of the seven mandatory elements of each city’s General Plan, functioning as a locally adopted blueprint of goals, policies, and programs to address existing and projected housing needs. State law requires jurisdictions to update their Housing Element every eight years and obtain certification from the Department of Housing and Community Development (HCD). The Regional Housing Needs Allocation (RHNA) is the state-mandated process that determines the total number of housing units—and the breakdown by income category—that each jurisdiction must plan for in its Housing Element over the eight-year cycle. In the past, the City has satisfied RHNA requirements by applying an Affordable Housing Overlay District (AHO) to enough acreage at state-mandated minimum densities to accommodate the assigned number of affordable housing units.

After the City Council adopted the most recent Housing Element in 2023, and just prior to the HCD’s certification of the Housing Element, a court case (Martinez v. City of Clovis, 2023) set new limits on the practice of using an AHO to satisfy RHNA for affordable units. As a result, HCD was not able to certify the Housing Element as adopted. To address this, the City had to adjust its approach by incorporating an alternative method of meeting its RHNA obligations in the Housing Element.

Subsequently, the City Council re-adopted the Housing Element with the addition of rezoning to the proposed solutions to satisfy RHNA requirements. In practice, rezoning involves creating a new land use designation and zoning district that meet Approved and
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STAFF REPORT
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state requirements, followed by identifying suitable sites and processing the necessary General Plan Land Use Amendments and Zoning changes. HCD approved the alternative method and certified the Housing Element on May 24, 2023, narrowly meeting the May 31, 2023 deadline that would have required the Rezoning process to be completed by January 31, 2024, if missed. Since HCD certified the Housing Element prior to May 31, 2023, the City was given three years from January 31, 2023 to satisfy its RHNA obligations.

REGIONAL HOUSING NEEDS ALLOCATION (RHNA)
The certified Housing Element includes a breakdown of the RHNA required to be accommodated during this 6th Cycle. In summary, the City is required to provide zoning capacity for 1,058 residential units, 440 of which are required to meet LowerIncome requirements. HCD defines units meeting the Lower-Income level as “affordable units.” Affordable units include Low-Income, Very Low-Income, and Extremely Low-Income, or income levels that are between 80% and 51% of the median household income for Low-Income and 50% to 0% of the median household income for Very Low-Income. The Extremely Low-Income category is for incomes earning 30% or less of the median household income, and the number of RHNA units for that category is assumed to make up half of the Very-Low-Income units.

For clarification, the Staff has broken Extremely Low-Income out as a separate category in the table below and adjusted the Very Low-Income units accordingly.

Table 1 shows Oakley’s 2023-2031 RHNA units per income level.

Table 1 – 2023-2031 Housing Element RHNA
Regional Housing Needs Allocation, City of Oakley, 2023-2031 Extremely
LowIncome
Units
Very LowIncome
Units
LowIncome
Units
ModerateIncome
Units
AboveModerateIncome
Units
Total
2023-2031
RHNA 139 140 161 172 446 1,058
For additional reference and background, the Moderate-Income category captures income levels between 81% and 120% of the median household income, and the Above-Moderate-Income level captures everything above 120% of the median household income level. The median household income is derived from the County average. On April 23, 2025, HCD produced the 2025 State Income Limits memorandum, which provides a summary of all of California counties’ income limits. 290

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That memorandum shows Contra Costa County’s median income for a household of four persons is $159,8001.

CALCULATING A SITE’S POTENTIAL RHNA AFFORDABLE UNITS
Oakley’s certified Housing Element includes a list of existing and candidate AHO sites along with their potential RHNA affordable units. The City was able to show a feasible base density of 24 dwelling units per acre (“du/ac”) for AHO sites; however, pursuant to HCD standards, the capacity on sites that are not vacant or that have an underlying commercial zoning is reduced by 25% from the original potential number of units for each of those scenarios. As an example, if a site that could accommodate 40 units at 24 du/ac is also vacant and has an underlying residential zoning, 40 RHNA affordable units can be assumed. If the site has either an existing house or underlying commercial zoning, the RHNA affordable unit capacity would be reduced by 25% to 30 units. If both of those scenarios applied to the site, the RHNA affordable unit capacity for the site would be reduced by 50% to 20 units.

Renewed Guidance from HCD
After certification of the Housing Element and Martinez v. City of Clovis, HCD further analyzed whether an AHO could still be used in specific cases to satisfy RHNA affordable units. The City has received direction from our Housing Element consultants, through discussions with HCD, that the AHO can still apply to commercially zoned sites but cannot be applied to residentially zoned sites for the purpose of meeting the lower-income RHNA rezone obligation. This would mean that while the AHO may still apply to an existing AHO site, at least one of the 25% reductions will automatically apply (underlying commercial zoning), and both would apply for non-vacant AHO sites. Additionally, state law requires the City to meet at least 50% of the lower-income RHNA on sites zoned exclusively residential.

Therefore, the City must accommodate at least 220 units on exclusively residential sites and can only accommodate less than half of the RHNA on commercially zoned sites with the AHO applied. With this new guidance in mind, Staff has analyzed all the existing and candidate AHO sites listed in the Housing Element along with direction received from the City Council during the Housing Element approval process and provided analysis on which sites could remain in the AHO, which are recommended as candidates for rezoning to multifamily residential and recommended to not be pursued as RHNA affordable unit sites.

Pursuant to other HCD guidance, the AHO is being amended separately to accommodate a base density of 20 du/ac and a maximum density of 30 du/ac, along with other amendments. The zoning district that will need to be created to accommodate the rezoning process will have the same density range and similar regulations. This density range will meet HCD’s requirements and increase the 1 https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/income-limits-2025.pdf 291

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chances identified sites are accepted by HCD. Staff will be proposing the new zoning district be titled the “M-30 District,” a version of the City’s existing zoning that is primarily intended for multifamily housing but with the updated density range and other details to satisfy the state requirements for lower-income RHNA sites.

PATHS TO RHNA COMPLIANCE
To help address these new standards per HCD’s guidance, this Staff Report includes an attachment titled, “Existing/Candidate AHO and Candidate Rezone Sites.” That attachment lists all the Existing AHO Sites (sites currently existing with the AHO overlay on them), and Candidate AHO sites (sites that were identified in the Housing Element as potential sites for the AHO). Each of the sites or group of sites has been analyzed for whether they should remain in the AHO, be proposed for the AHO, be proposed for rezoning, or are recommended to not be pursued for either. The analysis also includes a breakdown of potential RHNA affordable units for each of the sites. RHNA affordable unit subtotals for the Existing AHO Sites and Candidate AHO Sites (whether proposed for AHO or rezoning) have also been included in the attachment in each section. A narrative analysis that summarizes the RHNA affordable units pursuant to Staff’s recommendations is also included in the Analysis section below.

The result of this analysis is that to meet state requirements, the City still needs to use the AHO or rezoning on unidentified sites to accommodate an additional 105 RHNA affordable units. In response to this result, Staff has also included a section in the attachment titled “Potential Sites Not Identified in the Housing Element.” In this section Staff searched the City for sites that could be considered for the AHO or rezoning with the goal of selecting sites to encourage multi-family projects that fall within the manageable unit count often sought after by such developers. The three sites identified in this section range from 1.38 acres to 6.52 acres.

Analysis

SITES IDENTIFIED IN THE HOUSING ELEMENT
The Housing Element currently identifies seven Existing AHO Sites (Sites 1-7) and seven Candidate AHO Sites (Sites 8-14). The seven existing AHO Sites include a total of 10.2 acres of land with 1.19 acres recommended to remain in the AHO and

9.01 acres recommended for consideration of the rezoning. The seven Candidate AHO Sites include a total of 15.77 acres of land with 1.48 acres recommended to be added to the AHO, 6.46 acres recommended for consideration of the rezoning, and

7.83 acres recommended not to be pursued either due to previous direction to Staff or a site’s commercial development potential/location. There is also an alternative recommendation for one of the Candidate AHO Sites recommended for consideration of the rezoning to instead be redesignated and rezoned to Commercial and added to the AHO. The “Existing/Candidate AHO and Candidate Rezone Sites” 292

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attachment includes more detailed information and aerial maps showing the location of each site.

Staff’s initial recommendations for Existing and Candidate AHO Sites would result in the following RHNA affordable unit capacity as shown in Table 2 below:

Table 2. Existing and Potential Lower-Income RHNA Units RHNA Method Units
Remain in AHO 14
Recommended to pursue adding to AHO 25
Recommended to pursue Rezoning to M-30 District 296
Total 335
The Housing Element RHNA requires planning for 440 Lower-Income units.

Assuming the above recommendations are adopted, the City would still be short 105 RHNA affordable units. Those 105 units could be accommodated through the following methods:
• Adding AHO to other non-identified commercially zoned and designated sites, assuming a 25% reduction of potential units due to underlying commercial zoning and 50% reduction of potential units if non-vacant. Total acreage required would fall between 5.83 and 8.75 acres.
• Rezoning and re-designating other non-identified residentially zoned and designated sites to M-30 District (new General Plan Land Use designation required for new M-30 District), assuming a 25% reduction of potential units if non-vacant. Total acreage would fall between 4.38 and 5.83 acres. • The City could also use a combination of the above methods to satisfy the additional 105 Lower-Income RHNA units.

POTENTIAL SITES NOT IDENTIFIED IN THE HOUSING ELEMENT
As briefly discussed in the “Paths to RHNA Compliance” section of this Staff Report, Staff searched the City for sites that could be considered for the AHO or rezoning. A total of three sites were analyzed with one site including two contiguous parcels. The results of that analysis resulted in 11.21 acres of land with 8.05 acres recommended for adding the AHO and the remaining 3.16 acres recommended for consideration of rezoning to M-30 District.

Staff’s initial recommendations for Potential Sites Not Identified in the Housing Element would result in the following RHNA capacity as shown in Table 3, below:
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Table 3. Potential Lower-Income RHNA Units (Sites not Identified in Housing Element) RHNA Method Units
Recommended to pursue adding to AHO 102
Recommended to pursue Rezoning to M-30 District 57
Total 159

CONSOLIDATION OF ALL RECOMMENDATIONS
Assuming all Existing and Candidate AHO sites remain in or are added to the AHO or are rezoned to M-30 District (335 Lower-Income RHNA units), and the three sites not identified in the Housing Element are also added to the AHO or rezoned to M-30 District (159 Lower-Income RHNA units), a total of 494 Lower-Income RHNA units could be assumed, exceeding the Housing Element’s Lower-Income RHNA units (440) by 54 units. This could allow for non-action on some of the smaller sites or result in a buffer of capacity. Table 4 provides a consolidated summary of all sites identified in the Housing Element and shows which specific sites would contribute to the 335 Lower-Income RHNA units.

Table 4. Summary of Sites Identified in the Housing Element Site(s) 1-4 5 6 & 7 8 & 9 10 11 12 &
13 14
Zoning* M-12 M-9 C C RB P-1 SP-4 M-9
General
Plan** RH RM CO CO CO RH & CO CD RM
AHO
Applicable No No Yes Yes Yes Not likely Yes No
M-30
Applicable Yes Yes No No No Yes No Yes
Staff
Rec.*** M-30 M-30 AHO No action
No
action M-30 AHO M-30
Potential
LowerIncome
RHNA
Units
124 35 14 51 60 87 25 50
* M-9 and M-12 are Multifamily Residential Districts; C is General Commercial District; RB is Retail Business District; P-1 is Planned Unit Development District; SP-4 is Downtown Specific Plan District.
** RM is Residential Medium; RH is Residential High; CO is Commercial; CD is Commercial Downtown.
*** Staff Rec. is Staff Recommendation
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Table 5 shows a consolidated summary of the three sites not identified in the Housing Element, but that could contribute to making up the difference of 105 LowerIncome RHNA units to satisfy the Housing Element requirements. If all recommendations were applied, a total of 159 additional Lower-Income RHNA units could be captured.

Table 5. Summary of Sites Not Identified in the Housing Element Site 440 W. Cypress Rd.

N/E Corner of
Neroly Rd. and
Live Oak Ave.
4961 Empire
Avenue
Zoning M-9 C C
General Plan RM CO CO
AHO Applicable No Yes Yes
M-30 Applicable Yes No No
Staff Rec. M-30 AHO AHO
Potential LowerIncome RHNA Units 57 23 79
RHNA capacity is subject to no-net-loss. In the event any of the sites were to be developed during this Housing Element cycle and not include the assumed affordable unit capacity, the overall City RHNA capacity would need to be recalculated. If the recalculation showed the City did not have enough remaining capacity to accommodate the 440 unit lower-income RHNA, additional acreage would need to be added to the AHO or rezoned to the M-30 District to ensure the minimum amount of Lower-Income RHNA capacity would remain. The City would have 180 days to identify and add additional acreage for Lower-Income RHNA capacity. Failure to meet that 180-day deadline could result in the City’s Housing Element being invalid, opening the City up to potential Builder’s Remedy applications. The same can be said if the City fails to act in satisfying the current Lower-Income RHNA units by January 31, 2026. It is recommended the City build in a buffer by ensuring more acreage is adequately added to the AHO or rezoned to M30 District than the absolute minimum required.

Consistency with the Oakley Strategic Plan 27+
Holding a work session on the Housing Element Implementation related to satisfying RHNA is consistent with the City of Oakley Strategic Plan 2022-2027+ (SP27+). Under the Community and Economic Development Goal, it is consistent with the Strategic and Thoughtful Growth Objective which states “Provide affordable housing sites that meet our legislative Regional Housing Needs Allocation (RHNA).” 295

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Fiscal Impact
There is no fiscal impact associated with this work session. Staff time and materials to prepare this report are covered by the General Fund.

Requested City Council Feedback
The purpose of this work session is to facilitate discussion with the City Council on identifying existing and candidate AHO sites and potential sites not identified in the Housing Element for consideration to satisfy the City of Oakley’s Lower-Income RHNA units through the AHO or rezoning to M-30 District. Staff will proceed as directed by the City Council. The next steps for any identified sites will be to notify the property owners of those sites and proceed with the appropriate entitlements. It is noted that state law does not require a property owner’s approval of a City’s action to rezone sites to meet Housing Element RHNA capacity; however, all actions will follow formal public noticing and hearing procedures required for all General Plan Amendments and Rezonings, as required by state law.

Attachments

1. Existing/Candidate AHO and Candidate Rezone Sites
City Clerk’s Reading File
• City of Oakley 6th Cycle Housing Element 2023-2031
Available online at:
https://ca-oakley.civicplus.com/DocumentCenter/View/283/City-of-Oakley2023-to-2031-Housing-Element---Certified-by-HCD-on-May-24-2023-PDF 296
City of Oakley 6th Cycle Housing Element 2023-2031
Existing/Candidate AHO and Candidate Rezone Sites
Sites 1-4 – E. Cypress Rd. and Van Pelt. Ln.
• Existing AHO Sites
• Underlying Zoning District = Multifamily Residential (M-12) District • Underlying General Plan Designation = Residential High (RH) • AHO Appliable = No
• Candidates for Rezone to M-30 = Yes
• Total acres = 7.03
• Potential Units at 24 du/ac = 166
• 25% reduced capacity for non-vacant = (42)
• 25% reduced capacity for underlying commercial = NA
• Potential units counted toward Lower-Income RHNA = 124 • Staff recommendation to consider Rezone to M-30
297
Site 5 – 6381 Sellers Ave.
• Existing AHO Site
• Underlying Zoning District = Multifamily Residential (M-9) District • Underlying General Plan Designation = Residential Medium (RM) • AHO Appliable = No
• Candidate for Rezone to M-30 = Yes
• Total acres = 1.98
• Potential Units at 24 du/ac = 47
• 25% reduced capacity for non-vacant = (12)
• 25% reduced capacity for underlying commercial = NA
• Potential units counted toward Lower-Income RHNA = 35 • Staff recommendation to consider Rezone to M-30
298
Sites 6 and 7 – W. Cypress Rd. & Main St.
• Existing AHO Sites
• Underlying Zoning District = General Commercial (C) District • Underlying General Plan Designation = Commercial (CO) • AHO Appliable = Yes
• Candidates for Rezone to M-30 = No
• Total acres = 1.19
• Potential Units at 24 du/ac = 28
• 25% reduced capacity for non-vacant = (7)
• 25% reduced capacity for underlying commercial = (7)
• Potential units counted toward Lower-Income RHNA = 14 • Staff recommendation to leave in AHO
Subtotal: Existing AHO Sites Subtotal of Lower-Income RHNA Units = 173 • Existing AHO Sites to Remain in AHO = 14
• Existing AHO Sites not Applicable to AHO that could be Rezoned to M-30 = 159 299
Sites 8 and 9 – Bridgehead Rd. and Main St. (adjacent to hotel) • Candidate AHO Sites
• Underlying Zoning District = General Commercial (C) District • Underlying General Plan Designation = Commercial (CO) • AHO Appliable = Yes
• Candidates for Rezone to M-30 = No
• Total acres = 2.84
• Potential Units at 24 du/ac = 68
• 25% reduced capacity for non-vacant = NA
• 25% reduced capacity for underlying commercial = (18) • Potential units counted toward Lower-Income RHNA = 51 (after rounding) • Directed to not pursue during HE adoption hearings
300
Site 10 – 40 Mercedes Ln. (S/W corner of Laurel Rd. and O’Hara Ave.) • Candidate AHO Site
• Underlying Zoning District = Retail Business (RB) District • Underlying General Plan Designation = Commercial (CO) • AHO Appliable = Yes
• Candidates for Rezone to M-30 = No
• Total acres = 4.99
• Potential Units at 24 du/ac = 119
• 25% reduced capacity for non-vacant = (30)
• 25% reduced capacity for underlying commercial = (30) • Potential units counted toward Lower-Income RHNA = 60 (after rounding) • Staff recommendation to not pursue due to commercial development potential/location
301
Site 11 – 3300 Neroly Rd. (S/W corner of Neroly Rd. and Empire Ave.) • Candidate AHO Site
• Underlying Zoning District = Planned Unit Development (P-1) District • Underlying General Plan Designation = Residential High (RH) and Commercial (CO)
• AHO Applicable = Not likely
• Candidate for Rezone to M-30 = Yes
• Total acres = 3.66
• Potential Units at 24 du/ac = 87
• 25% reduced capacity for non-vacant = NA
• 25% reduced capacity for underlying commercial = NA
• Potential units counted toward Lower-Income RHNA = 87 • Staff recommendation to consider Rezone to M-30
Alternative for Site 11
• Amend the GP and Zoning to Commercial
• Apply the AHO
• Potential Units at 24 du/ac = 87
• 25% reduced capacity for underlying commercial = (22) • Potential units counted toward Lower-Income RHNA = 65 • Staff recommendation to amend GP and Rezone to Commercial and apply AHO
302
Sites 12 and 13 – Main St. and Rose Ave. (S/W and S/E corners) • Candidate AHO Site
• Underlying Zoning District = Downtown Specific Plan (DSP) District • Underlying General Plan Designation = Commercial Downtown (CD) • AHO Appliable = Yes
• Candidates for Rezone to M-30 = No
• Total acres = 1.48
• Potential Units at 24 du/ac = 34
• 25% reduced capacity for non-vacant = NA
• 25% reduced capacity for underlying commercial = (9)
• Potential units counted toward Lower-Income RHNA = 25 • Staff recommendation to consider adding AHO
303
Site 14 – 901 E. Cypress Rd. (directly west of Site 5)
• Candidate AHO Site
• Underlying Zoning District = Multifamily Residential (M-9) District • Underlying General Plan Designation = Residential Medium (RM) • AHO Appliable = No
• Candidates for Rezone to M-30 = Yes
• Total acres = 2.8 assumed developable (4.9 total)
• Potential Units at 24 du/ac = 67
• 25% reduced capacity for non-vacant = (17)
• 25% reduced capacity for underlying commercial = NA
• Potential units counted toward Lower-Income RHNA = 50 • Staff recommendation to consider Rezone to M-30
Subtotal: Candidate AHO Sites Subtotal of Lower-Income RHNA Units = 162 • Candidate AHO Sites Recommended for AHO = 25
• Candidate AHO Sites not Applicable to AHO that could be Rezoned to M-30 = 137
• (Candidate AHO Sites Recommended not to pursue = 111) 304
Total Existing and Potential Lower-Income RHNA Units
RHNA Method Units
Remain in AHO 14
Recommended to pursue adding to AHO 25
Recommended to pursue Rezoning to M-30 District 296
Total 335
Summary of Sites Identified in the Housing Element
Site(s) 1-4 5 6 & 7 8 & 9 10 11 12 &
13 14
Zoning* M-12 M-9 C C RB P-1 SP-4 M-9
General
Plan** RH RM CO CO CO RH & CO CD RM
AHO
Applicable No No Yes Yes Yes Not likely Yes No
M-30
Applicable Yes Yes No No No Yes No Yes
Staff
Rec.*** M-30 M-30 AHO No action
No
action M-30 AHO M-30
Potential
LowerIncome
RHNA
Units
124 35 14 51 60 87 25 50
Analysis:

The HE RHNA requires planning for 440 Lower-Income units. Assuming the above recommendations are adopted, the City would still be short 105 units. Those 105 units could be accommodated through the following methods:
• Adding AHO to other non-identified Commercially zoned and designated sites, assuming a 25% reduction of potential units due to Commercial status and 50% reduction of potential units if non-vacant. Total acreage required would fall between 5.83 and 8.75 acres.
• Rezoning and re-designating other non-identified Residentially zoned and designated sites to M-30 (new GP designation required for new M-30 District), assuming a 25% reduction of potential units if non-vacant. Total acreage would fall between 4.38 and 5.83 acres.
• The City could also use a combination of the above methods to satisfy the additional 105 Lower-Income RHNA units.
305
Potential Sites Not Identified in the Housing Element
440 W. Cypress Rd.
• Underlying Zoning District = Multifamily Residential (M-9) District • Underlying General Plan Designation = Residential Medium (RM) • AHO Appliable = No
• Candidates for Rezone to M-30 = Yes
• Total acres = 3.16
• Potential Units at 24 du/ac = 76
• 25% reduced capacity for non-vacant = (19)
• 25% reduced capacity for underlying commercial = NA
• Potential units counted toward Lower-Income RHNA = 57 • Staff recommendation to consider Rezone to M-30
306
N/E Corner of Neroly Rd. and Live Oak Ave. (2 parcels)
• Underlying Zoning District = General Commercial (C) District • Underlying General Plan Designation = Commercial (CO) • AHO Appliable = Yes
• Candidates for Rezone to M-30 = No
• Total acres = 1.53 (0.75 and 0.78)
• Potential Units at 24 du/ac = 37
• 25% reduced capacity for non-vacant = (5) 0.75 acre parcel only • 25% reduced capacity for underlying commercial = (9) both parcels • Potential units counted toward Lower-Income RHNA = 23 • Staff recommendation to consider adding AHO
307
4961 Empire Ave. (S/W Corner of Empire Ave. and Oakley Rd.) • Underlying Zoning District = General Commercial (C) District • Underlying General Plan Designation = Commercial (CO) • AHO Appliable = Yes
• Candidates for Rezone to M-30 = No
• Total acres = 6.522
• Potential Units at 24 du/ac = 157
• 25% reduced capacity for non-vacant = (39)
• 25% reduced capacity for underlying commercial = (39) • Potential units counted toward Lower-Income RHNA = 79 • Staff recommendation to consider adding AHO
Analysis:

The three sites identified above could potentially accommodate a total of 159 LowerIncome RHNA units. Assuming all Existing and Candidate AHO sites remain in or are added to the AHO or are Rezoned to M-30 (335 Lower-Income RHNA units), and the three sites not identified in the Housing Element are also added to the AHO or Rezoned to M-30 (159 Lower-Income RHNA units), a total of 494 Lower-Income RHNA units could be assumed, exceeding the Housing Element’s Lower-Income RHNA units (440) by 54 units. This could allow for non-action on some of the smaller sites or result in a buffer of capacity. RHNA capacity is subject to no-net-loss. In the event any of the sites were to be developed during this Housing Element cycle, the RHNA capacity would 308
need to be recalculated, and additional acreage would need to be added to the AHO or Rezoned to M-30 to ensure the minimum amount of RHNA capacity remains. If the option to add Site 11 to the AHO is used, then RHNA total would equal 472 (exceed 440 by 32 units).

Potential Lower-Income RHNA Units (Sites not Identified in Housing Element) RHNA Method Units
Recommended to pursue adding to AHO 102
Recommended to pursue Rezoning to M-30 District 57
Total 159
Summary of Sites Not Identified in the Housing Element
Site 440 W. Cypress Rd.

N/E Corner of
Neroly Rd. and
Live Oak Ave.
4961 Empire
Avenue
Zoning M-9 C C
General Plan RM CO CO
AHO Applicable No Yes Yes
M-30 Applicable Yes No No
Staff Rec. M-30 AHO AHO
Potential LowerIncome RHNA Units 57 23 79
309