Oakley City Council
October 28, 2025

AGENDA

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

ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY

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

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

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

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

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

A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, in the Main Lobby of Oakley City Hall.

Agendas may be picked up at Oakley City Hall for no charge. To request information regarding placement on the City's agenda e-mail distribution list, please contact us at (925) 625-7000.

We provide social media options to stay connected to City Hall through Facebook, X, Next Door and Instagram.

If you require special accommodation, please call the City Clerk's office at (925) 625-7000 before the meeting or contact City staff at the meeting.

Please keep cell phones/electronic devices turned off during the meeting. Please be 1 1. OPENING MATTERS

1.1 Call to Order and Roll Call

1.2 Pledge of Allegiance to the Flag (Summer Lake Elementary Student)

1.3 Proclamation Recognizing November as Homelessness Awareness Month (Jenny Robbins, Contra Costa Health)

1.4 Presentation from Contra Costa Health (Jenny Robbins)

1.5 Recognizing Stepz Dance Studio for their performance at the Warriors Halftime Show (Stephanie Nelson, Owner)

2. PUBLIC COMMENTS

3. COUNCILMEMBER COMMENTS

4. CONSENT CALENDAR

4.1 Approve Minutes from the Regular Meeting held October 14, 2025 (Kim advised that City Council meetings are video recorded and attendees may appear on video.

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

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

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

4.2 Approve Minutes from the Special Meeting Held October 21, 2025 (Kim Snodgrass, City Clerk)

4.3 Report out of Closed Session Memo from the Special Meeting held October 21, 2025 (Derek Cole, City Attorney)

4.4 Waive the Second Reading and adopt Ordinance No. 14-25 approving Rezoning (RZ 2025-004), resulting in completing implementation of Policy Action 1.1 of the Housing Element (Ken Strelo, Community Development Director)

4.5 Waive the Second Reading and Adopt Ordinance No. 15-25 Repealing Section 2.1.003 and Amending and Reenacting Section 2.1.005 of the Oakley Municipal Code Concerning the Appointment of Mayor and Vice Mayor (Derek Cole, City Attorney)

4.6 Adopt a Resolution Appointing Andrea Everage to the Contra Costa Transportation Authority Citizens Advisory Committee for a Four-Year Term (Kim Snodgrass, City Clerk)

4.7 Adopting a Resolution Accepting the Subdivision Improvements Associated with Subdivision 8734 Stonewood Unit 2A Located on Grapevine Lane east of O’Hara Avenue (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.8 Adopt a Resolution Approving the Agreement with Oakley Regency, LLC for “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” pursuant to Conditions of Approval in Planning Commission Resolution No. 16-24 for Oakley Shops at Laurel Fields and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.9 Adopt Resolutions Required by CalPERS Confirming the City’s Election to Pay the Required Member Contribution (Jeri Tejeda, Administrative Services Director)
Minutes
Minutes
Memo
Ordinance No. 14-25
Ordinance No. 15-25
Staff Report

1. Application

2. Proposed Resolution
Staff Report

1. Vicinity Map

2. Resolution
Staff Report

1. Resolution

2. Landscape Agreement for Oakley Shops
Staff Report
3 5. PUBLIC HEARINGS

5.1 Adopt a Resolution Amending the Master Fee Schedule to Add Studio 55 Annual Membership Fees and a Home-Based Business Transfer Fee (Jeri Tejeda, Administrative Services Director)

6. REGULAR CALENDAR

6.1 Adopt a Resolution Approving the Fifth Amendment to the Employment Agreement Between the City of Oakley and Joshua McMurray (Derek Cole, City Attorney)

7. REPORTS

7.1 City Manager
(a) City Manager
(b) Business License Update - September
(c) City Council Follow-up: "Blue Sky" Contract for Animal Evacuation Services

7.2 Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (b) Requests for Future Agendas

8. WORK SESSION

9. CLOSED SESSIONS

9.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Schaefers v. BNSF Railway Company (and City of Oakley), Contra Costa Superior Court, Case No. C22-01552

1. Resolution-EPMC Classic Misc Tier 1, June 28, 2010 through June 20, 2013

2. Resolution-EPMC Classic Misc Tier 2, June 28, 2010 through June 20, 2013

3. Resolution-EPMC Classic Misc Tier 1, June 21, 2013

4. Resolution-EPMC Classic Misc Tier 2, June 21, 2013
Staff Report

1. Resolution

2. Master Fee Schedule
Staff Report

1. Resolution Approving Fifth Amendment to Employment Agreement

2. Fifth Amendment to Employment Agreement
(b) September New Business Licenses
(c) Memorandum
Councilmember Reports from October 14, 2025
4 McCallister v. Moeckel (and City of Oakley), Contra Costa Superior Court, Case No. C23-00834
Adler v. City of Oakley Police Officers, US District Court, N. D. Cal. Case No. 4:24-cv-03939-HSG
County of Contra Costa, et al. (and City of Oakley) v. Monsanto Co., et al., Civ. No. C22-02818
Cendejas v. City of Oakley. Contra Costa Sup. Ct. Case No. C24-02585

10. ADJOURN
5 Proclamation
Homelessness Awareness Month
WHEREAS, November is recognized nationally as Homelessness Awareness Month, and Youth Homelessness Outreach Prevention and Education (HOPE) Month; and
WHEREAS, 14,245 individuals accessed homeless services in Contra Costa County in 2024—an increase of 40% from 2020, underscoring systemic housing challenges; and
WHEREAS, homelessness in Contra Costa County is driven primarily by the lack of affordable housing, with 30,812 low-income renter households in Contra Costa County not having access to an affordable home in 2024; and WHEREAS, according to The Opportunity to Change: A Community Needs Assessment for Youth and Young Adult Homelessness, an estimated 13,506 young people are experiencing homelessness in Contra Costa County; and WHEREAS, in 2025 in Contra Costa County, there were only 3,787 temporary and permanent housing beds for persons experiencing homelessness, a stark shortfall compared to the scale of need across our communities; and WHEREAS, Contra Costa County’s 34% increase in temporary and permanent housing beds over the past two years reflects a sustained commitment to expanding shelter and housing solutions; and WHEREAS research shows that criminalizing homelessness worsens the crisis and deepens existing racial inequities; and WHEREAS, since 2020, Contra Costa has seen a 79% increase in households with minor children, a 69% increase in seniors aged 65+, and a 53% increase in Transition Aged Youth (ages 18–24) accessing homeless services; and WHEREAS, the Contra Costa Continuum of Care unites over 50 organizations, jurisdictions, and individuals committed to preventing and ending homelessness through coordinated housing, health, and support services; and WHEREAS, Contra Costa Continuum of Care is committed to promoting evidence-based practices like Harm Reduction and Housing First to achieve permanent housing outcomes for the most vulnerable in our community; and WHEREAS, the Youth Action Board, composed of youth and young adults (YYA) with lived experience of homelessness in Contra Costa County, is actively leading and amplifying the voices of YYA, informing the Contra Costa Continuum of Care, and providing leadership and guidance in collaboration with community stakeholders to end YYA homelessness.

NOW, THEREFORE, BE IT RESOLVED, that I, Shannon Shaw, Mayor of the City of Oakley along with the members of the Oakley City Council do hereby proclaim the month of November 2025 as Homelessness Awareness Month and Youth Homelessness Outreach Prevention, and Education Month.

Dated: October 28, 2025
_____________________
Shannon Shaw, Mayor
6 MINUTES OF THE REGULAR JOINT MEETING OF THE OAKLEY CITY

COUNCIL/OAKLEY CITY COUNCILACTING AS THE SUCCESSOR AGENCY TO THE

OAKLEY REDEVELOPMENT AGENCY/OAKLEY PUBLIC FINANCING AUTHORITY HELD OCTOBER 14, 2025

1. OPENING MATTERS

1.1 Call to Order and Roll Call
Mayor Shannon Shaw called the meeting to order at 6:30 p.m. Vice Mayor Hugh Henderson and Councilmembers George Fuller, Aaron Meadows and Anissa Williams were also present.

1.2 Pledge of Allegiance to the Flag
Mayor Shaw led the Pledge of Allegiance to the Flag.

1.3 Certificate of Recognition to the Rotary Club of Oakley (Shannon Shaw, Mayor)
Mayor Shaw presented the Certificate of Recognition to Rotary Club of Oakley President Robert Greaff.

1.4 Proclamation Recognizing National Community Planning Month (Ken Strelo, Community Development Director)
Mayor Shaw read and presented the proclamation to Community Development Director Ken Strelo and Senior Planner Jose Cortez.

1.5 Proclamation Recognizing Code Enforcement Officer Appreciation Week (Conrad Fromme, Chief Building Official)
Mayor Shaw read and presented the proclamation to Chief Building Official Conrad Fromme, Code Enforcement Officer Ashley Schaefer and Code Enforcement Technicians Lauren Kober and Ralph Freeman.

2. PUBLIC COMMENTS
Public Comments were provided by Lou Florez, Bud Chaddock and Dawn Morrow.

A Public Comment was submitted by Armando David Lopez and will be entered into the public record.
7 Mayor Shaw called for a brief recess.

3. COUNCILMEMBER COMMENTS
Comments were provided by Councilmember Fuller and Councilmember Williams.

4. CONSENT CALENDAR

4.1 Approve Minutes from the Regular Meeting held September 23, 2025 (Kim Snodgrass, City Clerk)

4.2 Approve Minutes from the Special Meeting held September 19, 2025 (Kim Snodgrass, City Clerk)

4.3 Report out of Closed Session Memo from the Special Meeting held September 11, 2025 (Derek Cole, City Attorney)

4.4 Report out of Closed Session Memo from the Special Meeting held September 19, 2025 (Derek Cole, City Attorney)

4.5 Adopt a Resolution Approving the Agreement with Meritage Homes of California, Inc. for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for Subdivision 9615 Machado Property and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.6 Adopt a Resolution Approving the Agreement with Meritage Homes of California, Inc. for “Stormwater Management Facility Operations and Maintenance Agreement, and Right of Entry” for Subdivision 9614 Sellers Avenue Subdivision and Authorizing the City Manager to Execute the Agreement (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.7 Adopt a Resolution Awarding a Construction Contract to FJ&I Engineering, Inc. for the Construction of Fiscal Year 2025/26 Curb, Gutter, & Sidewalk Repair and Reconstruction Project, Capital Improvement Project (CIP) Number 321 (Kevin Rohani, P.E., Public Works Director/City Engineer)

4.8 Creating Zone 200 within the Oakley Special Police Tax Area Consisting of the 5401 Live Oak Avenue Project Located at 5401 Live Oak Avenue (APN 037-090-005-2) (Kevin Rohani, P.E., Public Works Director/City Engineer) Councilmember Fuller pulled items 4.1 and 4.6.

Councilmember Williams pulled item 4.7.

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

Councilmember Meadows provided a comment.

It was moved by Councilmember Meadows and seconded by Councilmember Williams to approve the minutes. Ayes: Henderson, Meadows, Shaw, Williams; Noes: Fuller (4-1)
Item 4.6
Councilmember Fuller stated he would recuse himself.

It was moved by Councilmember Meadows and seconded by Vice Mayor Henderson to adopt the resolution. Ayes: Henderson, Meadows, Shaw, Williams; Noes: None; Recusal: Fuller (4-0-1)
Item 4.7
Councilmember Williams asked for clarification on the 50/50 cost sharing program; City Manager Joshua McMurray responded.

It was moved by Councilmember Williams and seconded by Councilmember Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)

5. PUBLIC HEARINGS

5.1 Housing Element Rezone - General Plan Amendments and Rezoning (GPA 2025-004, RZ 2025-004) - Adoption of a Resolution Approving General Plan Amendments and Introduction of an Ordinance Approving Rezonings to Implement Policy Action 1.1 of the City Oakley Housing Element 2023-2031 (Ken Strelo, Community Development Director)
Councilmember Meadows stated he would recuse himself.

Community Development Director Ken Strelo presented the report.

Councilmember Fuller and Councilmember Williams asked questions; Mr. Strelo responded.

Mayor Shaw opened the Public Hearing.

There were no Public Comments, so she closed the Public Hearing. 9 Comments were provided by Councilmember Fuller, Mayor Shaw, Councilmember Williams, and Vice Mayor Henderson.

Mayor Shaw asked a question; Mr. Strelo responded.

It was moved by Councilmember Williams and seconded by Vice Mayor Henderson to adopt the Resolution. Ayes: Fuller, Henderson, Shaw, Williams; Noes: None; Recusal:

Meadows (4-0-1)
It was moved by Councilmember Williams and seconded by Vice Mayor Henderson to Introduce the Ordinance Ayes: Fuller, Henderson, Shaw, Williams; Noes: None; Recusal: Meadows (4-0-1)

6. REGULAR CALENDAR

6.1 Strategic Plan 27+ Update (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the report.

Councilmember Williams asked a question; City Manager Joshua McMurray responded.

It was moved by Councilmember Williams and seconded by Councilmember Meadows to accept the Strategic Plan update. Motion was unanimous and so ordered. (5-0)

6.2 Adopt a Resolution Adopting the City of Oakley Comprehensive Emergency Management Plan and Rescinding Resolution No. 126-05 (Danielle Navarro, Assistant City Manager)
Assistant City Manager Danielle Navarro presented the report.

Ms. Navarro introduced Christopher Godley with Aegis Emergency Management.

Mr. Godley provided an overview of the Comprehensive Emergency Management Plan.

Questions were provided by Councilmember Fuller, Councilmember Williams, and Mayor Shaw; Mr. Godley and Assistant Manager Danielle Navarro responded.

Vice Mayor Henderson, Councilmember Meadows, Mayor Shaw, and Councilmember Fuller provided comments.

It was moved by Councilmember Williams and seconded by Vice Mayor Henderson to adopt the City of Oakley Comprehensive Emergency Management Plan and rescind Resolution No. 126-05. Motion was unanimous and so ordered. (5-0) 10 6.3 Introduction and Waiver of First Reading of an Ordinance of the City Council of Oakley Amending Section 2.1.003 of the Oakley Municipal Code Concerning the Appointment of the Mayor and Vice Mayor (Derek Cole, City Attorney)
City Attorney Derek Cole presented the report.

Mayor Shaw, Councilmember Williams, Councilmember Meadows, and Vice Mayor Henderson provided comments, and all stated their preference for option two with an amendment to change the longevity of the Councilmember from one year to 345 days.

It was moved by Vice Mayor Henderson and seconded by Councilmember Williams to introduce the ordinance as amended. Ayes: Henderson, Meadows, Shaw, Williams; Noes: None; Abstentions: Fuller (4-0-1)

6.4 Consider the Adoption of a Censure by the City Council of Councilmember Fuller (Shannon Shaw, Mayor)
City Attorney Derek Cole presented his supplemental report.

Mayor Shannon Shaw presented the Staff Report.

Councilmember Fuller provided his rebuttal.

Public Comments were provided by Michael Dupray, Conan Moats, Donna Chaddock, Michael Tays, Oleksii Chuiko and Marilyn Tiernan.

Public Comments were received by Steven Will, Brian Sanchez, Cyndee Heer and several individuals who did not state their names.

Councilmember Fuller stated he did not have any further comments.

Comments were provided by Councilmember Williams, Vice Mayor Henderson, Councilmember Meadows, and Mayor Shaw.

It was moved by Councilmember Meadows and seconded by Councilmember Williams to adopt the resolution. Ayes: Henderson, Meadows, Shaw, Williams; Noes: Fuller (4-1) Mayor Shaw called for a short break.

Mayor Shaw announced the Closed Session would be continued to a date uncertain.

The Mayor then asked Council for consensus on forgoing reports in order to adjourn the meeting.

7. REPORTS

7.1 CITY MANAGER
11 (a) City Manager
(b) Business License Update
(c) City Council Follow-up: "Blue Sky" Contract for Animal Evacuation Services (Danielle Navarro, Assistant City Manager)

7.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE

SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (b) Requests for Future Agendas

8. WORK SESSIONS

9. CLOSED SESSION

9.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Schaefers v. BNSF Railway Company (and City of Oakley), Contra Costa Superior Court, Case No. C22-01552
McCallister v. Moeckel (and City of Oakley), Contra Costa Superior Court, Case No. C23-00834
Adler v. City of Oakley Police Officers, US District Court, N. D. Cal. Case No. 4:24-cv-03939-HSG
County of Contra Costa, et al. (and City of Oakley) v. Monsanto Co., et al., Civ. No. C22-02818
Cendejas v. City of Oakley. Contra Costa Sup. Ct. Case No. C24-02585

10. ADJOURN
After confirming the Council’s consensus to waive reports, the meeting was adjourned at 9:49 p.m.

Respectfully submitted
Kim Snodgrass
12 3

MINUTES OF THE SPECIAL MEETING OF THE OAKLEY CITY COUNCIL HELD OCTOBER 21, 2025

1. CALL TO ORDER AND ROLL CALL
Mayor Shannon Shaw called the meeting to order at 5:00 p.m. Vice Mayor Hugh Henderson and Councilmembers George Fuller, Aaron Meadows and Anissa Williams were also present.

2. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Shaw led the Pledge of Allegiance to the Flag.

3. PUBLIC COMMENTS
None

4. CLOSED SESSION

4.1 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Shaw and Vice Mayor Henderson Unrepresented employee: City Manager
Mayor Shaw announced the Closed Session item and mentioned the meeting will adjourn after the Closed Session.

5. ADJOURN
There being no further business, the meeting was adjourned at 5:55 p.m.

Respectfully submitted.

Kim Snodgrass
City Clerk
13 MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561 1
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Date: October 22, 2025
To: Mayor and City Councilmembers
From: Derek P. Cole, City Attorney
CC: Joshua McMurray, City Manager
Subject: Closed Session Report-Out Memo
For Consideration at the City Council Meeting of October 28, 2025 Background and Analysis
The City Council considered the following closed session item during its special meeting held October 21, 2025:

Conference with Labor Negotiators
Agency designated representatives: Mayor Shaw and Vice Mayor Henderson Unrepresented employee: City Manager
The City Council received an update from and provided direction to its negotiators.

More specifically, the Council authorized the presentation of a Fifth Amendment to the City Manager’s Employment Agreement for consideration in open session at the October 28, 2025 regular City Council meeting.

The City Council also authorized the payment to the City Manager for any personal legal expenses he has incurred or will incur, up to $25,000, for any independent legal advice to or representation of his interests to the City Council related to the recent workplace investigation and the implementation of and consideration of measures in response to the findings of that investigation. In authorizing this expense, the City Council recognized that the City Attorney’s duties to the City as a municipal organization may limit his ability to address or advise the City Manager regarding any personal interests the City Manager may have or wish to assert in the matter. The City Council also recognized that the payment of such expenses serves a public interest in that it is intended preserve the Council and City Manager’s relationship and promote the long-term retention of the City Manager as a City employee.
14 City of Oakley | 3231 Main Street, Oakley, CA 94561 2 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Fiscal Impact
The Council’s authorization to pay for the City Manager’s legal expenses could create a fiscal impact to the City of up to $25,000, which could be an obligation of the City General Fund, unless any portion of the authorized amount is covered by the City’s employment risk manager under the applicable memorandum of coverage.

Recommendation
Receive and file this report.

Attachments
None.
15 Ordinance No. XX-25 Page 1 of 20
ORDINANCE NO. 14-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPROVING REZONING (RZ 2025-004), RESULTING IN COMPLETING IMPLEMENTATION OF POLICY ACTION 1.1 (REZONE ADEQUATE SITES TO MEET RHNA NEED) OF THE

HOUSING ELEMENT, THROUGH THE AMENDMENT OF OAKLEY MUNICIPAL CODE SECTION 9.1.406 (MULTIPLE FAMILY RESIDENTIAL DISTRICTS), REZONING SEVEN PARCELS FROM M-9 AND M-12 DISTRICT TO M-30 DISTRICT, REZONING ONE PARCEL FROM P-1 (PLANNED UNIT DEVELOPMENT) DISTRICT

TO C (GENERAL COMMERCIAL) DISTRICT, AND APPLYING THE AHO (AFFODABLE HOUSING OVERLAY) DISTRICT TO NINE PARCELS, AND FINDING

THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, this is a City-initiated application requesting approval of a General Plan Amendment (GPA 2025-004) and Rezoning (RZ 2025-004) application to implement Policy Action 1.1 of the City of Oakley Housing Element 2023-2031 (Housing Element).

The proposed project consists of the following requests:
 Approval of amendments to the Oakley General Plan Land Use Element creating a new Land Use Designation (Residential Multiple Family (RMF)) essential for Rezoning of sites to meet the Regional Housing Needs Allocation (RHNA) of the Housing Element.
 Approval of amendments to the General Plan Land Use Designation on seven residentially designated parcels from Residential High (RH) and Residential Medium (RM) to Residential Multiple Family (RMF) (APNs 033-012-007, 033- 012-008, 033-012-009, 033-012-012, 033-180-007, 033-180-015, 035-282- 054).
 Approval of an amendment to the General Plan Land Use Designation on a portion of one parcel from Residential High (RH) to Commercial (CO) (APN 053-071-046).
 Approval of a Zoning Text Amendment to amend Section 9.1.406 (Multiple Family Residential Districts) of the Oakley Municipal Code by adding text related to the proposed M-30 (Multiple Family Residential) District.  Approval of a Rezone to seven parcels from M-9 and M-12 (Multiple Family Residential) District to M-30 District (APNs 033-012-007, 033-012-008, 033- 012-009, 033-012-012, 033-180-007, 033-180-015, 035-282-054).  Approval of a Rezone to one parcel from P-1 (Planned Unit Development) District to C (General Commercial) District (APN 053-071-046). 16 Ordinance No. 14-25 Page 2 of 8
 Approval of a Rezone to nine commercially designated and zoned parcels through application of the AHO (Affordable Housing Overlay) District over their underlying zoning districts (APNs 035-172-004, 035-173-008, 035-182-015, 035-281-007, 035-282-058, 035-282-062, 053-071-041, 053-071-042, 053- 071-046).

The General Plan Amendment and Rezoning serve to further the City’s compliance with its adopted Housing Element and applicable fair housing regulations (“Project”); and WHEREAS, on September 2, 2025, the Planning Commission held a duly noticed public hearing to consider the proposed General Plan Amendment (GPA 2025-004) and Rezone (RZ 2025-004), received the staff report and staff presentation, received comments from the public and interested parties, and deliberated on the project. At the conclusion of its deliberations, the Planning Commission held a vote and adopted Planning Commission Resolution No. 11-25 recommending the City Council approve the project, as revised by the Planning Commission during its deliberations; and
WHEREAS, on or before October 3, 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, to parties requesting such notice, and to all owners of property within 500 feet of the boundaries of all of the parcels subject to the requested actions; and WHEREAS, on October 14, 2025, the City Council held a duly noticed public hearing to consider the proposed General Plan Amendment (GPA 2025-004) and Rezone (RZ 2025- 004), received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter; 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, all legal prerequisites to the adoption of the Ordinance have occurred.

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

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

SECTION 2. Additional Findings.
17 Ordinance No. 14-25 Page 3 of 8
A. On May 9, 2023 the City Council adopted the 6th Cycle Housing Element of the General Plan for the period of 2023-2031 in compliance with State Housing Element law.

B. On May 24, 2023 HCD certified the City of Oakley’s 6th Cycle Housing Element for the period of 2023-2031 in compliance with State Housing Element law.

C. The Objective of Policy Action 1.1 of the Housing Element aims to rezone adequate sites to meet the City’s lower-income RHNA need and to facilitate the development of more housing choices for lower-income households.

Adopting the proposed Rezoning would implement Policy Action 1.1 of the City of Oakley Housing Element.

D. The City Council finds the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to SB 131 SEC. 6. Section 21080.085 does not apply to actions that implement the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. That section provides that CEQA does not apply to an action that implements the schedule of actions in an approved Housing Element pursuant to Government Code §65583(c). The proposed General Plan Amendment and Rezone would implement Housing Element Policy Action 1.1 of the City’s 2023 – 2031 Housing Element, and none of the statutory exclusions apply (the actions do not allow distribution centers or oil and gas infrastructure, and any natural and protected lands as defined in PRC §21067.5 are excluded from the actions).

Accordingly, no further environmental review is required for the actions, and subsequent development under the affected parcels will undergo CEQA review, as applicable.

SECTION 3. Approval of a Zoning Text Amendment to create a new zoning district titled M-30 (Multiple Family Residential) District by amending Section 9.1.406 of the Oakley Municipal Code. Section 9.1.406 of the Oakley Municipal Code titled, “Multiple Family Residential Districts (M-9; M-12; M-17)” is hereby adopted in its entirety, as follows:
“9.1.406 Multiple Family Residential Districts (M-9; M-12; M-17; M-30) a. Purpose and Intent. The purpose of the Multiple Family Residential District is to allow a designated area for multiple family residential district development designed to provide as much compatibility as possible with nearby single-family residential zoning.
b. Permitted Uses. Uses permitted in the M-9, M-12, M-17, and M-30 districts shall be as follows:

1. A detached single-family dwelling on each lot and the accessory structures normally auxiliary to it shall be permitted only in the M-9, M-12, and M-17 zones; 18 Ordinance No. 14-25 Page 4 of 8

2. Accessory dwelling unit per Section 9.1.1102;

3. Duplex;

4. Multiple-family buildings, but not including motels or hotels;

5. Motor court and greenway cluster housing (small lot detached housing with garages accessed off a motor court or alley);

6. Home-based businesses, per Section 9.1.1120;

7. Residential care facilities serving six or fewer persons;

8. Supportive housing;

9. Transitional housing;

10.In the M-30 zone, residential developments that include at least 20 percent lower-income affordable housing shall be a use permitted by-right, as defined in Government Code Section 65583.2(i).
c. Uses Requiring a Conditional Use Permit. In the M-9, M-12, M-17, and M-30 districts, the following uses are permitted on the issuance of a conditional use permit:

1. Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and boarding homes;

2. Assembly uses;

3. Community buildings, clubs and activities of a quasi-public, social, fraternal, or recreational character, such as golf, tennis, and swimming clubs; veterans and fraternal organizations not organized for monetary profit;

4. Day care centers;

5. Public, parochial, and private schools, including nursery schools;

6. Publicly owned buildings and structures, except as provided in Chapters 1, 2, and 9;

7. Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices;

8. Residential care facilities serving seven or more persons; 19 Ordinance No. 14-25 Page 5 of 8

9. Emergency shelters consistent with Section 65008 of the Government Code. d. Uses Requiring a Temporary Use Permit.

None.
e. Lot Requirements.

1. Area, Depth, and Width. No building or other structure permitted in the M-9, M12, M-17, and M-30 districts shall be erected or placed on a lot containing less than the following land area:

Minimum Lot
Requirements
Detached Single
Family Dwelling Duplex
Multiple Family
Building
Lot Area (in square feet) 4,000 8,000 10,000
Lot Width (in feet) N/A N/A N/A
Lot Depth (in feet) N/A N/A N/A

2. Coverage and unit density. No building or structure permitted in the multiple family districts shall cover more than the lot area percentages listed in the following table.

M-9 M-12 M-17 M-30
Maximum
Coverage of Lot
Area Allowed
40 % 40 % 40 % 50 %
Minimum Unit
Density N/A N/A N/A 20 per gross acre
Maximum Unit
Density
9 per gross
acre
12 per gross
acre

16.7 per gross
acre
30 per gross
acre
f. Yard Requirements.

Minimum Yard
Requirements (in feet)
Detached
Single
Family
Dwelling
Duplex
Multiple
Family
Project Site
(M-9; M-12;
M-17; M-30)
Multiple
Family
Individual
Unit
Front Yard 15 20 25 10
Rear Yard 15 20 20 10
20 Ordinance No. 14-25 Page 6 of 8
Aggregate Width of
Side Yard 10 20 20 N/A
i) Accessory uses in rear yards. An accessory building or accessory use may occupy not more than thirty percent (30%) of a required rear yard; ii) Rear yard abutting on a side yard. In all multiple family residential districts, there shall be a rear yard of not less than five feet (5’) wherever the rear yard of a lot or parcel of land abuts on a side yard; and iii) Exception. Development pursuant to any multiple family residential district site plan approved prior to adopting this Ordinance, shall be governed by the yard requirements applicable when the site plan was approved and shall not be subject to the requirements of this subsection.
g. Building Height.

Building Height
Requirements (in feet)
Multiple Family Residential (M-9; M-12; M17; M-30)
Maximum Building
Height
No building permitted in this district shall
exceed thirty-six feet (36’) in height, or three
stories.

Special Height
Requirements and
Exceptions
See Section 9.1.1126
h. Other Regulations.
i) All new development shall be consistent with the City of Oakley Multifamily Objective Design Standards (pending 2025).
ii) Open area requirements. Twenty-five percent (25%) of the area described by the development plan submitted pursuant to subsection 4-A-3.7C shall not be occupied by buildings, structures, or pavement, but shall be landscaped. Twenty-five percent (25%) (open area) shall be planted and maintained with growing plants.
iii) Building relationship requirements. Each building or structure shall be located at least ten feet (10’) from other buildings or structures, except that garages and covered walkways between buildings or structures may be permitted within this ten-foot (10’) distance. A covered walkway shall not be more than ten feet (10’) wide and no more than fifty percent (50%) of the sides of the structures shall be enclosed with any material other than that necessary for roof supports.
21 Ordinance No. 14-25 Page 7 of 8
iv) Refuse and recycling. An area adequate in size and appropriately screened shall be permitted for refuse and recycling containers.” SECTION 4. Approval of a Rezone to seven parcels from M-9 and M-12 (Multiple Family Residential) District to M-30 District (APNs 033-012-007, 033-012-008, 033-012-009, 033-012-012, 033-180-007, 033-180-015, 035-282-054), as depicted in Exhibit “A” of this ordinance.

SECTION 5. Approval of a Rezone to one parcel from P-1 (Planned Unit Development) District to C (General Commercial) District (APN 053-071-046), as depicted in Exhibit “B” of this ordinance.

SECTION 6. Approval of a Rezone to nine commercially designated and zoned parcels through application of the AHO (Affordable Housing Overlay) District over their underlying zoning districts (APNs 035-172-004, 035-173-008, 035-182-015, 035-281-007, 035-282- 058, 035-282-062, 053-071-041, 053-071-042, 053-071-046), as depicted in Exhibit “C” of this ordinance.

SECTION 7. California Environmental Quality Act (CEQA).

The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to SB 131 SEC. 6. Section 21080.085 does not apply to actions that implement the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. That section provides that CEQA does not apply to an action that implements the schedule of actions in an approved Housing Element pursuant to Government Code §65583(c). The proposed General Plan Amendment and Rezone would implement Housing Element Policy Action 1.1 of the City’s 2023 – 2031 Housing Element, and none of the statutory exclusions apply (the actions do not allow distribution centers or oil and gas infrastructure, and any natural and protected lands as defined in PRC §21067.5 are excluded from the actions). Accordingly, no further environmental review is required for the actions, and subsequent development under the affected parcels will undergo CEQA review, as applicable.

SECTION 8. Effective Date and Posting.

This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
22 Ordinance No. 14-25 Page 8 of 8
PASSED AND ADOPTED by the City Council of the City of Oakley on this 28th day of 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Shannon Shaw, Mayor
ATTEST:

Kim Snodgrass, City Clerk Date
I HEREBY CERTIFY that in accordance with Government Code Section 40806, this ordinance is a true and correct copy of a city ordinance. It has been published or posted pursuant to law.

Kim Snodgrass, CMC
City Clerk
23 EXHIBIT A
24 M-9 District and M-12 District to M-30 District – (RZ 2025-004) Sites 1-4: Existing Zoning District: M-12 – APNs: 033-012-007, 033-012-008, 033-012-009, 033-012-012
Site 1-4: Proposed Zoning District: M-30 – APNs: 033-012-007, 033-012-008, 033-012-009, 033-012-012
25 Site 5 and 14: Existing Zoning District: M-9 – APNs: 033-180-007, 033-180-015 Site 5 and 14: Proposed Zoning District: M-30 – APNs: 033-180-007, 033-180-015 26 Site 15: Existing Zoning District: M-9 – APN: 035-282-054 Site 15: Proposed Zoning District: M-30 – APN: 035-282-054 27 EXHIBIT B
28 P-1 District to C District – (RZ 2025-004)
Site 11: Existing Zoning District: Planned Unit Development (P-1) – APN: 053-071-046 Site 11: Proposed Zoning District: General Commercial (C) – APN: 053-071-046 29 EXHIBIT C
30 Add AHO (Affordable Housing Overlay) District - (RZ 2025-004) Site 6 and 7: Existing Base Zoning District – APNs: 035-282-058, 035-282-062 Sites 6 and 7: Proposed Affordable Housing Overlay (AHO) – APNs: 035-282-058, 035-282- 062
31 Site 11: Existing Base Zoning District – APN: 053-071-046 Site 11: Proposed Affordable Housing Overlay (AHO) – APN: 053-071-046 32 Site 12 and 13: Existing Base Zoning District – APNs: 035-182-015, 035-281-007 Sites 12 and 13: Proposed Affordable Housing Overlay (AHO) – APNs: 035-182-015, 035-281- 007
33 Sites 16 and 17: Existing Base Zoning District – APNs: 053-071-041, 053-071-042 Sites 16 and 17: Proposed Affordable Housing Overlay (AHO) – APNs: 053-071-041, 053-071- 042
34 Sites 18 and 19: Existing Base Zoning District – APNs: 035-172-004, 035-173-008 Sites 18 and 19: Proposed Affordable Housing Overlay (AHO) – APNs: 035-172-004, 035-173- 008
35 Ordinance No. 15-25 Page 1 of 3
ORDINANCE NO. 15-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY
REPEALING SECTION 2.1.003 AND AMENDING AND REENACTING
SECTION 2.1.005 OF THE OAKLEY MUNICIPAL CODE CONCERNING

THE SELECTION OF MAYOR AND VICE MAYOR
THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Upon the effective date of this Ordinance, Oakley Municipal Code 2.1.003 shall be repealed.

SECTION 2. Upon the effective date of this Ordinance, Oakley Municipal Code 2.1.005 shall be amended and reenacted to read as follows:

2.1.005 Appointment of Mayor and Vice Mayor
a. Each year during the month of December, the City Council shall appoint one of its members as Mayor. The member selected to be Mayor shall be the member who is serving as Vice Mayor, unless the Vice Mayor is unavailable to be appointed as Mayor due to failure to be re-elected, insufficient time to dedicate to the office, or other reasons as provided in this section.
b. Each year during the month of December, the City Council shall appoint one of its members as Vice Mayor. The person selected as Vice Mayor shall have been a member of the Council for at least 345 days prior to the appointment as Vice Mayor. c. Neither the Mayor nor the Vice Mayor serves a term of office, but rather serves in those capacities at the pleasure of the majority of the City Council. d. It is the intent of this section to establish a rotation process so that each Council member shall have the opportunity to become either Vice Mayor or Mayor, or both. e. The City Clerk shall establish and keep a "rotation schedule" regarding the City Council members as follows:
1) The member with the most continuous time of service on the Council who has not previously served as Vice Mayor and is not selected Mayor will be selected as Vice Mayor. The remaining members of the City Council at the time of this appointment shall be placed in the rotation schedule in reverse order of their previous services as Mayor.
2) When the Mayor completes his/her service as Mayor, he or she shall revert to the bottom of the rotation schedule.
3) Subject to compliance with paragraph 5) of this paragraph, when a member is first elected or appointed to the City Council, he or she shall be placed in the rotation schedule at the position of the former member that preceded him or her in office. 36 Ordinance No. 15-25 Page 2 of 3
4) If a member voluntarily declines appointment as either Mayor or Vice Mayor, or is excluded from serving in either position by vote of the City Council under paragraph (f), he or she shall rotate to the bottom of the rotation schedule. 5) No member shall serve as Mayor or Vice Mayor unless he or she has served at least 345 days as a member of the City Council. If a member would be designated to serve as Vice Mayor under the rotation schedule before completing 345 days of service, he or she shall be moved back one place in the rotation schedule and the next highest member who has completed 345 days of service shall be considered for appointment as Vice Mayor under paragraph (a).
6) If at the time of appointment of Mayor or Vice Mayor, no member of the City Council meets the eligibility requirement provided in subparagraph 5) of this paragraph, the Council may select any member of the City Council to serve as Mayor or Vice Mayor under paragraph (a).
f. The City Council may decline to appoint a member to serve as Mayor or as Vice Mayor if a majority of the City Council determines that the person has experienced or exhibited any of the following:
1) A violation of law or City policy, or has been or is being investigated for a violation of law or of policy;
2) Intemperate, rude or disparaging remarks or conduct toward the public, staff or City Council;
3) Lack of leadership or communications skills;
4) Excessive absenteeism as a Council member;
5) Any other conduct that would be considered to be unprofessional or unbecoming of the position of Mayor or Vice Mayor;
6) Determination that the person does not have the available time to assume the additional duties of Mayor or Vice Mayor.
g. This section was reenacted and amended during a calendar year in which the Mayor and Vice Mayor were selected based on the numbers of their councilmember districts. To ensure a transition from a district-based to rankings-based selection system, it is the intention of the City Council that the Vice Mayor who served during calendar year 2025 shall, as provided in paragraph (a), serve as the Mayor for calendar year 2026.

SECTION 3. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
37 Ordinance No. 15-25 Page 3 of 3
SECTION 4. SEVERABILITY.

The City Council of the City of Oakley hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE.

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

SECTION 6. PUBLICATION.

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

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
_____________________ ___________________
Kim Snodgrass, City Clerk Date
38 STAFF REPORT
481
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: October 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kim Snodgrass, City Clerk
SUBJECT: Adopt a Resolution Appointing Andrea Everage to the Contra Costa Transportation Authority Citizens Advisory Committee for a Four-Year Term (October 29, 2025 through October 28, 2029)
Background and Analysis
The Contra Costa Transportation Authority (CCTA) maintains a standing Citizens Advisory Committee (CAC) to provide citizen perspective, participation and involvement in the CCTA’s $3 billion voter-approved Transportation Expenditure Plan and Growth Management Program. The CAC is comprised of 23 members: 20 are appointed by each of the 20 local jurisdictions within Contra Costa (the cities, towns, and the County); three “at-large” members are nominated by community-based stakeholder organizations within Contra Costa and subsequently appointed to the CAC by CCTA.

The Advisory Council meets monthly on the fourth Wednesday of each month at the CCTA Walnut Creek office located at 2999 Oak Road, Suite 100. CAC members are appointed to serve for a four-year term without compensation. Members will, however, receive reimbursement for travel expenses to and from the CAC meetings.

In March 2025, staff began advertising for applications to fill a vacancy using press releases, the City’s website, and social media. One application was received and is attached for the Council’s consideration.

Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with The City’s Community and Collaborative Partnerships Goal.

Fiscal Impact
None.

Approved and
Forwarded to the
City Council
39 STAFF REPORT
4882-2285-8658.1 2
CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Staff Recommendation
Staff recommends the City Council adopt a resolution appointing Andrea Everage to the Contra Costa Transportation Authority Citizens Advisory Committee for a four-year term, effective October 29, 2025, and concluding on October 28, 2029.

Attachments

1. Application

2. Proposed Resolution
40 41
Contra Costa Transportation Authority CAC Application - Page 2 Briefly describe your interest in serving on the Citizens Advisory Committee, citing any relevant volunteer or work experience.

Serving o� t!Je Citizeo's Transportation Advisory Committee is an opportunity to make a meaningful impact in my communi�.'Transportation directly affects quality of life-whether it's commuting, safety, accessibility, or sustainability-and I want to contribute to shaping policies and projects that benefit residents. By serving, I can bring a thoughtful perspective, listen to diverse viewpoints, and help ensure that decisions reflect the needs of all community members.

I also bring a strong history of volunteerism and leadership through my involvement with the Association of Legal Administrators, its local chapters, and local chapters of the Society of Human Resource Management. These experiences have strengthened my ability to collaborate, build consensus, and advocate for practical, forward-thinking solutions.

For me, serving on this committee is both a way to give back and to help ensure that transportation decisions are inclusive, effective, and aligned with the long-term needs of the community.

List and briefly describe any participation in volunteer, community or professional organizations that are relevant to your candidacy for the Citizens Advisory Committee.

As indicated above, I am a member of several professional associations (Association of Legal Administrators [1999]; Society for Human Resource Management [2011]), and have been serving at the local or association level almost since joining. I believe in giving back! I also volunteer at the local food bank (Alameda and CCC/Solano), and for Coastal Cleanup.

What is your particular interest in transportation?
Transportation initiatives are important to me because it is, for many, their primary means of locomotion. It is how I choose to get to work~ from Oakley to Oakland~ and even for recreation going into San Francisco. I am loathe to drive my car into the city due to safety concerns.
42 43
Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY APPOINTING

ANDREA EVERAGE TO THE CONTRA COSTA TRANSPORTATION AUTHORITY CITIZENS ADVISORY COMMITTEE FOR A FOUR-YEAR TERM (OCTOBER 29, 2025 THROUGH OCTOBER 28, 2029)
BE IT RESOLVED by the City Council of the City of Oakley that Andrea Everage is hereby appointed to the Contra Costa Transportation Authority Citizens Advisory Committee for a four-year term (October 29, 2025 through October 28, 2029).

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

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________
Shannon Shaw, Mayor
ATTEST:
___________________ __________________
Kim Snodgrass, City Clerk Date
44 STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: October 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E, Public Works Director/City Engineer SUBJECT: Adopting a Resolution Accepting the Subdivision Improvements Associated with Subdivision 8734 Stonewood Unit 2A Located on Grapevine Lane east of O’Hara Avenue
Background and Analysis
On October 13th, 1992, the Contra Costa County Board of Supervisors adopted Subdivision 7758 conditions of approval which conditionally approved the tentative map for Subdivision 7758, a 26-unit subdivision located within the City of Oakley. A portion of Subdivision 7758 was previously subdivided, so the Subdivision is also referred to as Subdivision 8734.

A final map was approved by the County in 1997 separating the existing house, also referred to as Lot 1 of Subdivision 7758 from the rest of the subdivision, but no other final maps have been approved. A settlement agreement between the City and West Coast Home Builders has extended the life of the tentative map, and the approval of the Subdivision 8836 tentative map (Resolution 82-06) modified the lot layout for the west side of Subdivision 7758.

The second and final phase of subdivision 7758, now referred to as Subdivision 8734, resulted in a 26-lot single family subdivision. The final map for Subdivision 8734 created a 9.29 acre +/- remainder parcel on the west side of the project that was further subdivided as Subdivision 8836.

On May 14, 2007, the City of Oakley City Council adopted the resolutions approving the Subdivision Improvement Agreement (Resolution 57-07), Subdivision Annexation and Assessment Deferral Authorization (Resolution 58-07), and Final Map (Resolution 59-07) for Subdivision 8734. The developer has proceeded with construction of the public infrastructure per the Subdivision Improvement Agreement.

The City of Oakley Public Works and Engineering staff have inspected the Subdivision Improvements and have determined that the Developer has since completed all of the required improvements for Grapevine Lane, Grapevine Court, and Eagle Nest Drive.

At this time, the Developer has requested that the City accept the improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans.

Approved and
Forwarded to the
City Council
45 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety goals under Community Health and Safety Goal to build safe streets and healthy neighborhoods.

Fiscal Impact
Upon acceptance of the improvements, the City will be obligated to maintain the public infrastructure along Grapevine Lane and Eagle Nest Drive.

Staff Recommendation
Staff recommend that the City Council adopt the Resolution accepting the subdivision improvements associated with Stonewood 2A Subdivision and for the City to begin the maintenance of the public infrastructure for this subdivision.

Attachments
Attachment 1. Vicinity Map
Attachment 2. Resolution
46 Frazier Dr
Grapevine Ln
Gra
p
e
vine
Ln
Clo
v
erbro
o
k
A
G
Frazier Dr
Vicinity Map
Subdivision 8734
Stonewood 2A ¯
47 Resolution No.XX-25 Page 1 of 2
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ACCEPTING THE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH SUBDIVISION 8734 STONEWOOD UNIT 2A LOCATED ON GRAPEVINE LANE EAST OF O’HARA AVENUE
WHEREAS, on October 13th, 1992, the Contra Costa County Board of Supervisors adopted Subdivision 7758 conditions of approval which conditionally approved the tentative map for Subdivision 7758, a 26-unit subdivision located within the City of Oakley. A portion of Subdivision 7758 was previously subdivided, so the Subdivision is also referred to as Subdivision 8734; and
WHEREAS, on May 14, 2007, the City of Oakley City Council adopted the resolutions approving the Subdivision Improvement Agreement (Resolution 57-07), Subdivision Annexation and Assessment Deferral Authorization (Resolution 58-07), and Final Map (Resolution 59-07) for Subdivision 8734. The developer proceeded with construction of the public infrastructure per the Subdivision Improvement Agreement; and WHEREAS, the City of Oakley Public Works and Engineering staff have inspected the Subdivision Improvements and have determined that the Developer has since completed all of the required improvements for Grapevine Lane and Eagle Nest Drive. At this time, the Developer has requested that the City accept the improvements for maintenance. The Public Works and Engineering staff has completed a final inspection of all public improvements and has found them to be in substantial compliance with the approved improvement plans; and
WHEREAS, staff recommend that the City Council adopt the Resolution accepting the subdivision improvements associated with Stonewood Unit 2A Subdivision, begin the one-year warranty period, and for the City to begin the maintenance of the public infrastructure for this subdivision;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley as follows:
a) Accept the dedication for Eagle Nest Drive, Grapevine Court, and Grapevine Lane for public use as recorded in Stonewood Unit 2A Subdivision (8734) in Map Book 504, Page 20, and
b) The roadway improvements for Eagle Nest Drive, Grapevine Court, and Grapevine Lane are accepted and begin the maintenance by the City, and c) In accordance with the City Clerk’s Statement on the Subdivision Final Map, this portion of the map related to these roads, avenues, drives, or easements and right of way dedications shown on the map as dedicated to public use are accepted. 48 Resolution No.XX-25 Page 2 of 2
PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of October 2025 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
49 STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: October 28, 2025
TO: Joshua McMurray, City Manager
FROM: Kevin Rohani, P.E., Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving the Agreement with Oakley Regency, LLC for “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” pursuant to Conditions of Approval in Planning Commission Resolution No. 16-24 for Oakley Shops at Laurel Fields and Authorizing the City Manager to Execute the Agreement
Background and Analysis
On July 2, 2024, the Planning Commission adopted Resolution 16-24 approving the Oakley Shops at Laurel Fields Project Design Review (DR 02-24) with Conditions of Approval and Conditional Use Permit (CUP 01-24), Variance (VA 01-24), and Tentative Parcel Map (TPM 01-24) for the property located at 998 Laurel Road (APN 035-220-036 & 035-220-037). Parcel 1 (APN 035-220-036) includes a Safeway grocery store as an anchor with five additional retail buildings. Parcel 2 (APN 035-220- 037) includes a gas station with a convenience store.

Condition 77 of the Conditions of Approval requires the owner to enter into an agreement with the City to maintain landscaping within the project right-of-way fronting the project at the property owner’s expense to a standard acceptable and agreed upon by the City.

Oakley Regency, LLC is the owner of Parcel 1 and will be responsible for the frontage landscape maintenance of both Parcel 1 and 2 within the public right of way per the Covenants, Conditions, & Restrictions for this shopping center.

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

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

Staff Recommendation
Staff recommends that the City Council adopt the resolution approving the “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way” for DR 02-24 Approved and
Forwarded to the
City Council
50 STAFF REPORT
City of Oakley | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Oakley Shops at Laurel Fields Project and authorizing the City Manager to sign the agreement on behalf of the City.

Attachments
1) Resolution
2) “Agreement for Property Owner for Provision of Landscaping in the Public Right of Way” pursuant to Conditions of Approval in Planning Commission Resolution No. 16-24 for Oakley Shops at Laurel Fields and Authorizing the City Manager to Execute the Agreement
51 Resolution No. XX-25 Page 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY,

CALIFORNIA, APPROVING THE AGREEMENT WITH OAKLEY REGENCY, LLC (APN 035-220-037 & 035-220-036) FOR “AGREEMENT OF PROPERTY

OWNER FOR PROVISION OF LANDSCAPING IN THE PUBLIC RIGHT OF WAY PURSUANT TO CONDITIONS OF APPROVAL” FOR OAKLEY SHOPS AT

LAUREL FIELDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT
WHEREAS, on July 2, 2024, the Planning Commission adopted Resolution 16-24 approving the Oakley Shops at Laurel Fields Project Design Review (DR 02-24) with Conditions of Approval and Conditional Use Permit (CUP 01-24), Variance (VA 01-24), and Tentative Parcel Map (TPM 01-24) for the property located at 998 Laurel Road (APN 035-220-037 & 035-220-036); and
WHEREAS, Condition of Approval No. 77 sets the requirement for the property owners to execute this agreement to maintain the right of way landscaping adjacent to the site at the owner’s expense; and
WHEREAS, Oakley Regency, LLC is the owner of Parcel 1 and will be responsible for the frontage landscape maintenance of both Parcel 1 and 2 within the public right of way per the Covenants, Conditions, & Restrictions for this shopping center; and
WHEREAS, execution of this agreement will satisfy the requirements of Condition of Approval No. 77; and
BE IT RESOLVED, by the City Council of the City of Oakley that the “Agreement of Property Owner for Provision of Landscaping in the Public Right of Way Pursuant to Conditions of Approval” for the Oakley Shops at Laurel Fields Project in the form attached hereto as Exhibit A is hereby approved and authorize the City Manager to execute the agreement.

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

AYES:

NOES:

ABSENT:

ABSTENTIONS:
52 Resolution No. XX-25 Page 2
APPROVED:

_______________________
Shannon Shaw, Mayor
ATTEST:
______
Kim Snodgrass, City Clerk Date
53 4876-5650-3788.3

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

City of Oakley
3231 Main Street
Oakley, CA 9461
Record without fee subject to
Government Code 6103
APN 035-220-036 and 035-220-037 Space above this line for Recorder’s Use

AGREEMENT OF PROPERTY OWNER FOR PROVISION OF LANDSCAPING IN

THE PUBLIC RIGHT OF WAY PURSUANT TO CONDITIONS OF APPROVAL IN PLANNING COMMISSION RESOLUTION NO. 16-24 FOR OAKLEY SHOPS AT

LAUREL FIELDS

THIS AGREEMENT OF PROPERTY OWNER FOR PROVISION OF LANDSCAPING IN THE PUBLIC RIGHT OF WAY (this “Landscaping Agreement”) is dated as of October 28, 2025 and evidences the agreement by and between (i) OAKLEY REGENCY, LLC, a Delaware limited liability company (the "Property Owner"), and (ii) the CITY OF OAKLEY, a municipal corporation and general law city of the State of California (the “City”) (collectively “Parties”).

WHEREAS, that certain real property in the City of Oakley, County of Contra Costa, State of California, Assessor’s Parcel Numbers 035-220-036 and 035-220-037, described in the project improvement plans and more particularly described on Exhibit A attached hereto and made a part hereof (the "Project");
WHEREAS, City adopted Resolution No. 116-24, approving MS 24-976, a Parcel Map to create two (2) lots for the Project, subject to the Conditions of Approval described therein as Exhibit A; WHEREAS, the Conditions of Approval requires Property Owner to maintain the landscaped area located in the public right of way and described in Exhibit B, attached hereto and made a part hereof (the "Property"), (i) the City-owned land along the project frontage of Laurel Road and O’Hara Avenue ("Landscape Area");
WHEREAS, this Landscaping Agreement does not affect Property Owner’s landscaping obligations related to the Project and is entered into solely to address the Property Owner's obligations with respect to the Landscape Area, as contemplated and required by the Condition of Approval.
54 4876-5650-3788.3

NOW, THEREFORE, IN CONSIDERATION OF (A) CITY'S APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 16-24 AND (B) THE MUTUAL COVENANTS SET FORTH HEREIN, PARTIES HEREBY AGREE AS FOLLOWS:

Section 1. Obligations of Property Owner.

1.1 This Landscaping Agreement is entered into by and between the Parties pursuant to Condition of Approval No. 77 of Planning Commission Resolution 16-24 of those certain land use entitlements, and other applicable law, to enshrine Property Owner’s obligation to provide private maintenance of certain landscaping within agreed upon areas of the public right of way.

Exhibit B as attached hereto and incorporated herein depicts the Property and clearly illustrates the particular areas of the public right of way that are the subject of this Landscaping Agreement to be maintained by the Property Owner (the “Landscaping Area(s)”).

1.2 Property Owner shall comply with the requirements of this Landscaping Agreement, including the landscape maintenance requirements described in Section 2. Upon a default by the Property Owner of any material obligation incurred pursuant to this Landscaping Agreement or termination of this Landscaping Agreement by the City, the Property Owner shall be obligated to reimburse City for costs reasonably incurred by the City for the default of the Property Owner as to the Property Owner Maintenance Areas. Such reimbursement to the City shall be in an amount to fully reimburse the City for all costs reasonably incurred by the City resulting from the default by the Property Owner including the costs of the annual landscape maintenance and servicing of the Landscaped Area(s) and administration and collection of reimbursement during the City fiscal year in which the default occurs and in each subsequent City fiscal year. Such costs shall be considered a debt to the City and shall constitute a lien or, in the alternative, a special assessment against the Property. City shall provide Property Owner reasonable written documentation evidence of any such reimbursement required hereunder,.

Section 2. Landscape Maintenance.

The Property Owner shall be required to perform landscape maintenance and servicing within the Landscaping Areas. As used herein, the words "maintenance and servicing" mean and refer to the furnishing of commercially reasonable services and materials for the ordinary and usual maintenance, operation of the landscaping including providing for the growth, health, cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti and costs reasonably incidental thereto.

Property Owner’s obligations are limited to maintenance of the Landscape Area(s) as depicted on Exhibit B and do not include any duty to construct new public improvements beyond those required by the applicable conditions of approval.

Section 3. Default by Property Owner; Termination.

The City shall have the right to terminate this Landscaping Agreement in the event the Property Owner shall have failed to perform the maintenance or the furnishing of services described in Section 2 above within the Landscaped Area(s) or any portion thereof following at least thirty (30) days' prior written notice from the City Engineer to the Property Owner ordering the Property 55 4876-5650-3788.3

Owner to perform the maintenance or furnishing of the services described in such notice as required by this Landscaping Agreement Upon the expiration of such 30-day notice and cure period (as may be extended as set forth above), in the event the Property Owner has not cured the default, the City Engineer shall have the right at any time thereafter, but prior to Property Owner’s cure of such default, to terminate this Landscaping Agreement effective upon the receipt of notice of termination by the Property Owner (as provided in Section 5(b) herein). The City Engineer shall also have the right to terminate this Landscaping Agreement in the event the Property Owner shall have failed to perform the maintenance or furnishing of the services described in Section 2 within the Landscaped Area(s) or any portion thereof which results in hazardous safety situation threatening injury to persons or material damage to property in the good faith, professional opinion of the City Engineer, following at least 48 hours prior written notice to the Property Owner to cure said hazardous safety situation, and the Property Owner has failed to so cure (or to have commenced such cure with diligent efforts to cure) upon the expiration of such 48-hour notice and cure period. Any termination of this Landscaping Agreement may be appealed by the Property Owner to the City Manager, who shall be presented with the facts and circumstances of any alleged default together with any recommendations for the termination of this Landscaping Agreement.

Upon the termination of this Landscaping Agreement by the City Engineer, the City shall thereupon undertake the regular periodic landscape maintenance and seek collection of the annual landscape maintenance amount against the Property in the same manner described above in Section

1.2. Notwithstanding the foregoing, this Landscaping Agreement shall automatically terminate, without further action, (a) upon formal vacation, abandonment, or removal from public use of all Landscape Area(s) by City; (b) if City permanently replaces the Landscape Area(s) with facilities to be maintained by City or another public entity; or (c) upon City’s written determination that ongoing private maintenance of the Landscape Area(s) is no longer required by the applicable conditions of approval. Upon request, City shall provide a written confirmation of termination suitable for recordation.

Section 4. Property Owner's Continuing Responsibilities Where Work Commenced or Permit Obtained.

Notwithstanding any other provision of this Landscaping Agreement, no transfer or conveyance of the property or any portion thereof shall in any way relieve Property Owner of or otherwise affect Property Owner's responsibilities for installation or maintenance of landscaping which may have arisen under the ordinances or regulations of City referred to in this Landscaping Agreement, or other federal, state or City laws, on account of Property Owner having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work.

Section 5. Notices and Communications Between the Parties.

5.1 Any and all notices, demands or communications submitted by either party to another party pursuant to or as required by this Landscaping Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, or by personal delivery and in each case, addressed to the principal office of the Parties, as applicable, as designated below. 56 4876-5650-3788.3

To City:

Public Works Director
3231 Main Street
Oakley, CA 94561
To Property Owner:

Oakley Regency, LLC
c/o Regency Centers
One Independent Drive
Suite 114
Jacksonville,
Florida 32202-5019
Attention: Legal Department
With a copy to:

Oakley Regency, LLC
c/o Regency Centers
1777 Botelho Drive
Suite 200
Walnut Creek, California 94596
Attention: Property Management

5.2 Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender on the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, the date sent by fax and confirmed by First Class United States Mail or two (2) calendar days after it is placed in the United States Mail or personal delivery as heretofore provided.

5.3 Either party may change its address for notice by giving written notice of such change to the other party not less than ten (10) days prior to the effective date of such address change. If a party has not provided an address for notice, any other party may deliver notice to such party at the address shown as the address for the owner of the property in question in the county tax records.

Section 6. Acceptance of Assessment Lien.

The Property Owner for itself and its successors and assigns hereby acknowledges and consents to the collection of any special assessments as may hereafter be assessed by the City under either Section 1(b) or Section 3, at the same time and in the same manner as County of Contra Costa general property taxes are collected against real property and all the laws providing for the collection and enforcement of County of Contra Costa property taxes shall apply to the collection and enforcement of any such assessments. Nothing shall prevent the City from accelerating the foreclosure of any assessment lien and independently pursuing judicial remedies for the 57 4876-5650-3788.3

enforcement of any assessment lien in the manner as may be available to the City pursuant to the Municipal Code or other applicable California law.

Section 7. Term of Agreement.

This Landscaping Agreement shall remain in full force and effect unless terminated pursuant to the provisions of this Landscaping Agreement.

Section 8. City Confirmation.

On request from time-to-time of the Property Owner, the City Engineer shall confirm in writing, addressed as requested by the Property Owner, the existence of this Landscaping Agreement and the existence or non-existence of any defaults hereunder then known to the City Engineer.

Section 9. Non-discrimination.

Property Owner shall not engage in, nor permit its employees, independent contractors, or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.

Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735.

Section 10. Entire Agreement, Amendment and Termination.

This Landscaping Agreement constitutes the entire agreement between the Parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations.

The terms of this Landscaping Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Landscaping Agreement.

This Landscaping Agreement may be amended or terminated only by written agreement, signed by the Parties in interest at the time of such amendment or termination, except as also provided in Section 3, regarding termination.

Section 11. Attorneys’ Fees.

In the event that litigation is brought by any party in connection with this Landscaping Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, reasonably incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The portion of the reasonable costs, salary and expenses of the City Attorney and members of his or her office reasonably allocable to the time spent in connection with that action, shall be considered as “attorneys’ fees” for the purposes of this Landscaping Agreement.

Section 12. Governing Law.

This Landscaping Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Landscaping Agreement, the Parties hereto agree that 58 4876-5650-3788.3

the sole and exclusive venue shall be a court of competent jurisdiction located in Contra Costa County, California. All references in this Landscaping Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided.

Section 13. Indemnification and Hold Harmless.

Property Owner shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including reasonable attorneys' fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims, to the extent arising out of the negligent acts, errors or omissions of Property Owner, its employees, agents or subcontractors in the performance of this Landscaping Agreement.

Section 14. No Third Party Beneficiary Rights.

This Landscaping Agreement is entered into for the sole benefit of City and Property Owner and no other parties are intended to be direct or incidental beneficiaries of this Landscaping Agreement and no third party shall have any right in, under or to this Landscaping Agreement.

Section 15. Headings.

Paragraphs and subparagraph headings contained in this Landscaping Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Landscaping Agreement.

Section 16. Construction.

The Parties have participated jointly in the negotiation and drafting of this Landscaping Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Landscaping Agreement, this Landscaping Agreement shall be construed as if drafted jointly by the Parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Landscaping Agreement.

Section 17. Waiver.

The delay or failure of either party at any time to require performance or compliance by the other of party of its obligations or agreements shall in no way be deemed a waiver of the right to require such performance or compliance. Waiver of any provision of this Landscaping Agreement shall only be effective if the Parties agree to such waiver in writing, signed by an authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event; nor shall any waiver constitute a continuing waiver.
59 4876-5650-3788.3

Section 18. Severability.

Every provision of this Landscaping Agreement is and shall be construed to be a separate and independent covenant. Without limiting the generality of the foregoing, if any provision of this Landscaping Agreement is found to be invalid or unenforceable for any reason, then the remainder of this Landscaping Agreement shall not be affected and shall be enforced to the extent permitted by law and the Parties shall negotiate in good faith for such amendments to this Landscaping Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability.

Section 19. Counterparts.

This Landscaping Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

Section 20. Corporate Authority.

The persons executing this Landscaping Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Landscaping Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Landscaping Agreement.

Section 21. Covenant running with the Land.

It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of Property Owner and shall be deemed to be for the benefit of all persons owning any interest in the Property. In the event of the sale or other transfer of Property Owner’s interest in the Project, Property Owner shall transfer and assign to such purchaser or transferee the obligations of Property Owner under this Landscaping Agreement whereupon Property Owner shall be deemed released from all liability and obligations hereunder arising out of any act, occurrence or omission relating to the Property and/or this Landscaping Agreement occurring after the consummation of such sale or transfer. It is the intent of the Parties hereto that this Landscaping Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the Project, whose respective successive owners and assigns shall thereby be deemed to have consented to and become bound by all the provisions hereof.

Section 22. Recording.

The City Clerk shall cause a copy of this Landscaping Agreement to be recorded with the Office of the County Recorder of Contra Costa County, California, within ten days following the execution of this Landscaping Agreement.
60 4876-5650-3788.3

Section 23. Consent.
[Lender] on behalf of itself and certain other lenders (collectively, the "Lenders''), will consent to this Landscaping Agreement and the rights created hereunder and will subordinate all liens and security interests against the Property securing any and all indebtedness owed to Lenders, to this Landscaping Agreement and to all rights created hereunder as evidenced by the Consent and Subordination attached hereto.
[Signatures Follow On Next Page]
61 4876-5650-3788.3

The Parties have executed this Landscaping Agreement as of the Effective Date.

CITY OF OAKLEY
_____________________________
Joshua McMurray, City Manager
ATTEST:
_____________________________
Kim Snodgrass, City Clerk
APPROVED AS TO FORM:
_____________________________
Derek P. Cole, City Attorney

PROPERTY OWNER

OAKLEY REGENCY, LLC
a Delaware limited liability company
By: Regency Centers, L.P.,
a Delaware limited partnership
Its: Sole Member and Manager
By: Regency Centers Corporation,
a Florida corporation
Its: General Partner
By:

Name:

Title:
62 4876-5650-3788.3
State of California
County of Contra Costa
On_______________, before me, ____________________, Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

Witness my hand and official seal.

Signature________________________
Signature of Notary Public
[Acknowledgement]
A Notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
63 4876-5650-3788.3
[Exhibit A]
[CONDITIONS OF APPROVAL]
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 4876-5650-3788.3
[Exhibit B]
[PARCEL MAP AND LANDSCAPING AREA DEPICTION]
99 Vicinity Map
MS 24-976
Safeway
Maxa
¯
2 1
100

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: October 28, 2025
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Adopt Resolutions Required by CalPERS Confirming the City’s Election to Pay the Required Member Contribution
Background and Analysis
California Government Code Section 202691 allows for a contracting agency to pay all or part of a member’s normal contributions to the Public Employees’ Retirement System (CalPERS) on behalf of the employee. This is commonly known as the Employer Paid Member Contribution or EPMC.

The resolutions presented tonight are a requirement of CalPERS. In November 2008 a similar resolution was approved by council for the Classic Miscellaneous Tier 1 CalPERS member contributions for seven of the eight percent contributions.

In June 2010, a Classic Miscellaneous Tier 2 CalPERS member was added and at the same time council changed the employer paid member contribution to six of the eight percent for classic miscellaneous tier 1 members and five of the seven percent of classic miscellaneous tier 2 members. The required CalPERS resolution was not completed at that time.

In June 2013 an additional change was approve by the council, electing to pay all of the member contributions of eight percent and seven percent dependent on the tier of membership. Similar to the previous change, this change did not include the proper resolution in order to comply with CalPERS requirements.

The resolutions do not provide any additional compensation or benefits, but rather provide the proper documentation required by CalPERS to process the EPMC accurately and memorialize what has been occurring since June 2010.

Consistency with the Oakley Strategic Plan 27+
The approval of this resolution is consistent with the SP 27+ Finance and Fiscal Responsibility Goal as well as the Sustainable Organization Goal as ensuring we have the proper documentation in place is essential.

Approved and
Forwarded to the
City Council
101

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US Fiscal Impact
There is no fiscal impact associated with this item.

Staff Recommendation
Staff recommends adopting the resolutions required by CalPERS confirming the City’s election to pay the required member contributions.

Attachments

1. Resolution – EPMC Classic Misc Tier 1, June 28, 2010 through June 20, 2013

2. Resolution – EPMC Classic Misc Tier 2, June 28, 2010 through June 20, 2013

3. Resolution – EPMC Classic Misc Tier 1, June 21, 2013

4. Resolution – EPMC Classic Misc Tier 2, June 21, 2013 102
3 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
103
Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY FOR

EMPLOYER PAID MEMBER CONTRIBUTIONS FOR CALPERS CLASSIC
MISCELLANEOUS TIER 1 MEMBERS
WHEREAS, the City Council of the City of Oakley has the authority to implement Government Code Section 20691; and
WHEREAS, the City Council of the City of Oakley has a written compensation policy which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Oakley of a Resolution to commence said Employer Paid Member Contributions (EPMC):
 This benefit shall apply to all employees of the Classic Miscellaneous Tier 1 membership category
 This benefit shall consist of paying 6% of the normal 8% member contributions as EPMC.
 The effective date of this Resolution shall be 06/28/2010 through 06/20/2013.

BE IT RESOLVED by the City Council of the City of Oakley, elects to pay EPMC, as set forth above.

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

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
104
Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY FOR

EMPLOYER PAID MEMBER CONTRIBUTIONS FOR CALPERS CLASSIC
MISCELLANEOUS TIER 2 MEMBERS
WHEREAS, the City Council of the City of Oakley has the authority to implement Government Code Section 20691; and
WHEREAS, the City Council of the City of Oakley has a written compensation policy which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Oakley of a Resolution to commence said Employer Paid Member Contributions (EPMC):
 This benefit shall apply to all employees of the Classic Miscellaneous Tier 2 membership category
 This benefit shall consist of paying 5% of the normal 7% member contributions as EPMC.
 The effective date of this Resolution shall be 06/28/2010 through 06/20/2013
BE IT RESOLVED by the City Council of the City of Oakley, elects to pay EPMC, as set forth above.

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

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
105
Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY FOR

EMPLOYER PAID MEMBER CONTRIBUTIONS FOR CALPERS CLASSIC
MISCELLANEOUS TIER 1 MEMBERS
WHEREAS, the City Council of the City of Oakley has the authority to implement Government Code Section 20691; and
WHEREAS, the City Council of the City of Oakley has a written compensation policy which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Oakley of a Resolution to commence said Employer Paid Member Contributions (EPMC):
 This benefit shall apply to all employees of the Classic Miscellaneous Tier 1 membership category.
 This benefit shall consist of paying 8% of the normal 8% member contributions as EPMC.
 The effective date of this Resolution shall be June 21, 2013.

BE IT RESOLVED by the City Council of the City of Oakley, elects to pay EPMC, as set forth above.

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

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
106
Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY FOR

EMPLOYER PAID MEMBER CONTRIBUTIONS FOR CALPERS CLASSIC
MISCELLANEOUS TIER 2 MEMBERS
WHEREAS, the City Council of the City of Oakley has the authority to implement Government Code Section 20691; and
WHEREAS, the City Council of the City of Oakley has a written compensation policy which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of Oakley of a Resolution to commence said Employer Paid Member Contributions (EPMC):
 This benefit shall apply to all employees of the Classic Miscellaneous Tier 2 membership category.
 This benefit shall consist of paying 7% of the normal 7% member contributions as EPMC.
 The effective date of this Resolution shall be June 21, 2013.

BE IT RESOLVED by the City Council of the City of Oakley, elects to pay EPMC, as set forth above.

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

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
107

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: October 28, 2025
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Adopt a Resolution Amending the Master Fee Schedule to Add Studio 55 Annual Membership Fees and a Home-Based Business Transfer Fee
Background and Analysis
On August 12, 2025 a work session was held to discuss Studio 55 membership fees and residency requirements. During this work session, staff sought direction on an annual membership fee for those 55 and older, resident versus non-resident fees as well as pro-rating mid-year memberships.

Staff has prepared the amendment to the Master Fee Schedule based on direction provided at the August 12, 2025 work session. The recommendation would be to charge an annual membership fee of $25 for Oakley residents 55 and older and $35 for non-Oakley residents 55 and older. It is also recommended that this fee be prorated by quarters for anyone joining mid-year. The pro-ration would be as follows:

It is important to mention that the Café Costa program for those 60 and older requires that meals be offered at no cost. Anyone wanting to participate in the Café Costa program and are 60 or older, can do so without a membership to Studio 55.

Those choosing not to pay for membership will not be able to participate in any programming, activities or seasonal celebrations as they are specifically for Studio 55 members.

Also included on the amended fee schedule are some clean up items to the planning fees moving Habitat Conservation Fees to the Planning Section. Staff are also recommending adding a Home-Based Business Transfer of Permit or Location Fee.

This fee does not currently exist, and any transfer is charged the full cost of a new Month of Membership Resident Fee Non-Resident Fee
January - March $25.00 $35.00
April - June $18.75 $26.25
July – September $12.50 $17.50
October – December $6.25 $8.75
Approved and
Forwarded to the
City Council
108

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US permit per the current fee schedule. Adding the $10 transfer fee will bring the HomeBased Business Permit in line with Business Licenses and the transfer fee for a business license.

State law requires that changes to the City’s fees be presented to the City Council at a public hearing; and that there be two publications of the meeting notice, so that advance notice is provided to any party that requests to be notified of any proposed fee adjustments, and that the full package of the proposal is made available to the public no less than 10 days prior to the Hearing. In addition, approved changes to City fees may take effect no less than 60 days after approval.

Staff has met the publishing and noticing requirements for the proposed changes herein, and Staff is recommending that any changes approved pursuant to this item become effective on January 1, 2026, which is more than 61 days from the date of this meeting.

Consistency with the Oakley Strategic Plan 27+
The approval of this resolution is consistent with the SP 27+ Finance and Fiscal Responsibility Goal to leverage the City’s financial resources for the long-term benefit of our residents and businesses.

Fiscal Impact
The fiscal impact of the recommended action is not expected to be significant. The membership fee collected will offset the costs of programming and staffing for the recreation division.

Staff Recommendation
After the public hearing adopt a Resolution amending the Master Fee Schedule to add Studio 55 annual membership fees and a home-based business transfer fee.

1. Resolution

2. Master Fee Schedule
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3 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
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Resolution No. XX-25 Page 1 of 2
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADOPTING THE AMENDMENT TO THE MASTER FEE SCHEDULE TO STUDIO 55 ANNUAL

MEMBERSHIP FEES AND A HOME-BASED BUSINESS TRANSFER FEE
WHEREAS, in May 2025 the City of Oakley opened Studio 55 to provide aging services and programming to those 55 and older; and
WHEREAS, during the transition period, Council waived any membership fees for the calendar year 2025; and
WHEREAS, on August 12, 2025 a work session was held to discuss membership fees and residency requirements for Studio 55; and
WHEREAS, the City Council provided direction to staff to charge an annual membership fee for Studio 55 for those 55 and older, include an additional fee for non-residents and to prorate any mid-year memberships; and WHEREAS, the recommended fees are in line with surrounding cities; and WHEREAS, Home-Based Business Permits did not have a transfer fee on the current Master Fee Schedule; and
WHEREAS, to keep consistent with business licenses, staff is recommending adding a transfer of permit or location fee for all home-based businesses; and WHEREAS, the consolidation of all City fees on a single master schedule will assist the public, as well as City staff in readily locating fees and continuing governmental transparency; and
WHEREAS, public comment has been received on the compilation of existing fees into a Master Fee Schedule (Exhibit “A”) and proposed fee modifications contained within the Master Fee Schedule;
BE IT RESOLVED by the City Council of the City of Oakley that the amendment to the master fee schedule is approved as follows:

Add – Annual Membership Fee of $25 for Oakley residents aged 55 and older Add – Annual Membership Fee of $35 for non-Oakley residents aged 55 and older Pro-Rate membership fees by quarters
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Resolution No. XX-25 Page 2 of 2
Add – Home-Based Business Transfer of Permit or Location Fee of $10 The amended Master Fee Schedule will be effective January 1, 2026 PASSED AND ADOPTED by the City Council of the City of Oakley this 28th day of October 2025 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Shannon Shaw, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
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Effective January 1, 2026
Master Fee Schedule
113

GENERAL ADMINISTRATIVE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Administrative Hearing Time and Materials Charge
Administrative Penalty Citation $100.00 For 1st citation in 1 year; $200 and $500 for subsequent citations in 1 year Business License Annual Fee $100.00 $100 plus $10 per full time equivalent employee (pro-rated by quarter for new licenses) Business License Transfer of License or Location $10.00 Business License Lost License/Duplicate License $10.00
CASP Annual Fee* $4.00 *This is a third party fee defined in SB 1186 Copy of Meeting on Flash Drive, CD, or DVD Varies, fee is cost of recording media only Copy or Printing Fee-Copier or Printer $0.25 per page For Public Hearing notices, See Planning Fees Copy or Printing Fee-Plotter $0.75 per page
EV Vehicle Charging Fee $.30/kwh
Filing Fee for Notice of Intent to Circulate an Initiative Petition $200.00 Deposit is refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition.

General Plan Copy Time and Materials Charge
Passport Photos $15.00
Passport Execution Fee $35.00 This fee is set by the Department of State Promotional Items Cost + 10%
Recreation Class Cancellation Fee $12.00
All refunds and transfers requested five (5) or more days prior to the start of a class/program will incur a processing fee. Requests made less than five (5) days prior to the start of a class/program will not be refunded.

Recreation Contract Class Instructor Administrative Fee 30% /20% 30% when an Oakley facility is used and 20% for all others.

Recreation After School Program $215 per month Holidays will be accounted for by reducing the fee by $10 per holiday Recreation Cleaning Rate $95 per hour Time & Material
Will use the per hour rate when a City employee is able to complete the additional cleaning and will charge time and material if a third party is needed
Recreation Summer Camp Program
$125 per week/Resident
$200 per week/Non-Resident
Must show proof of Oakley residency. Holidays will be accounted for by reducing the price $25 per day for residents and $40 per day for non-residents.

Recreation Summer Camp Extended Hours
$50 per week/Resident
$100 per week/Non-Resident
Must show proof of Oakley residency. Holidays will be accounted for by reducing the price $10 per day for residents and $20 per day for non-residents.

Research & Information Services Based on Staff Estimate Time and Materials Charge Return Check Fee $35/$25 $25 for 1st, $35 for Subsequent Subpoena Services $24 per hour plus $.10 per page
Subpoena Witness Fees $275.00 Per Day plus current IRS rate per mile of travel Zoning/Subdivision Map Time and Materials Charge

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

Bingo Licenses
New $50.00
Renewal $10.00
Public Dance Licenses $406.00
Sound Amplification Permit $406.00
Taxicab Owner Permit $316.00
Taxicab Driver Permit $316.00
Tobacco License $454.18 Per License (Resolution 03-19)

114

PLANNING DIVISION SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT APPEALS:

Applicant appeal $1,500.00 Time and Materials Charge
Neighbor/Non-Applicant Appeal $109.00
CONDITIONAL USE PERMITS:

Planning Commission/City Council Review $3,500.00 Time and Materials Charge Zoning Administrator Review $649.00
DEVELOPMENT AGREEMENTS:

Preliminary Review ("Merit" Review for Applicant) $500.00 Completion of Review $3,000.00 Time and Materials Charge Construction and Debris Plan Fees (Solid Waste Diversion) $41.00 Residential Density Bonus Review $1,400.00 Time and Materials Charge DEVELOPMENT PLANS/DESIGN REVIEWS:

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

GENERAL PLAN AMENDMENTS
Preliminary Review ("Merit" Review for Applicant) $2,000.00 Time and Materials Charge Formal General Plan Amendment $10,000.00 Time and Materials Charge PERMIT EXTENSIONS:

Administrative $162.00
Public hearing $1,000.00 Time and Materials Charge
REZONINGS:

Rezoning/Zoning Text Amendment $6,500.00 Time and Materials Charge SIGN PERMITS:

Administrative Approval $81.00
City Council Approval $1,500.00 Time and Materials Charge SPECIFIC PLANS:

Preliminary Review ("Merit" Review for Applicant) $2,000.00 Time and Materials Charge Specific Plan Submittal or Amendment to Existing Specific Plan $10,000.00 Time and Materials Charge SUBDIVISIONS:

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

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

Planning Commission/City Council Review $2,900.00 Time and Materials Charge Zoning Administrator Review $649.00
OTHER FEES:

Zoning Verification Letter $274.31
Additional HCP Application Review Fee (for applicable projects) $700.00 Time and Materials Charge Firearm Sales License and Renewals $219.00
Home Occupation Permit Home-Based Business Permit $109.00 Home -Based Business Permit-Transfer of Permit or Location $10.00 Short Term Rental Permit $129.00
Vendor Permit and Renewal $129.00
Habitat Conservation Plan-Permanent Impacts (HCP/NCCP)
HCP/NCCP Fee Calculator https://www.cocohcp.org/DocumentCenter/View/1493/PermanentImpacts_Fee-Calculator_2023_PSE Project Specific - Consult with the Planning Division

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Habitat Conservation Plan-Temporary Impacts (HCP/NCCP)
HCP/NCCP Fee Calculator https://www.cocohcp.org/DocumentCenter/View/1495/TemporaryImpacts_Fee-Calculator_2023_PSE Project Specific - Consult with the Planning Division Public Hearing Notices $0.25/ per page plus current postage Temporary Use Permit $100 application fee + $500 deposit

116

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

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

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

OTHER ENCROACHMENT
Utility Company or District Project $445.00
Work Done Without Permits $1,000.00 Plus double inspection and permit fees No Inspection Notification for Permitted Work $1,000.00 Plus inspection fees MAP CHECKING:

Final Map $6,500.00 Time and Materials Charge Plus $60 per lot Parcel Map $3,000.00 Time and Materials Charge Plus $60 per lot Base Map Revision $60.00 Per Lot
Certificate of Correction Review $1,500.00 Time and Materials Charge Amended Map Revision $1,500.00 Time and Materials Charge Plus $60 per lot MISCELLANEOUS ROAD PERMIT APPLICATIONS:

House Move Review $613.00
House Move Inspection $230.00
Extra Legal Load $16.00 $16 set by State; or $100/yr + $100 security deposit Road Closure Permit, Ext / Mod (Major Construction Projects) $3,135.00 PUBLIC IMPROVEMENT PLAN REVIEW:

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

Map Exists $2,302.00 Time and Materials Charge
No Map Exists $2,302.00 Time and Materials Charge
ROAD MISCELLANEOUS:

Road Name Change-Public Road $1,790.00 Plus $265 for 1 intersection & $64 each additional intersection Address Change/Private Road Name Change $1,790.00
SUBDIVISION MONUMENT CHECKING:
1 - 2 Monuments $575.00
3 - 5 Monuments $690.00
6 - 9 Monuments $800.00
10 or more new monuments $915.00 Plus $66 per monument over 10 Error Resolution / Discussion $1,850.00 Time and Materials Charge TEMPORARY ROAD CLOSURES/CONSTRUCTION/SPECIAL EVENTS:

Not For Profit Applicant $60.00
For Profit Applicant $799.00

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

Drainage Review (no improvement plans) $2,400.00 Time and Materials Charge Condition of Approval Annexation Service Fee
CFD No. 2015-2 Annexation Fees - Residential $5,250-$6,500 Based on number of parcels at build out CFD No. 2015-2 Annexation Fees - Commericial or Multi-Family $5,250-$6,250 Based on acres P-6 Annexation Fees - Residential $2,750.00 Based on number of parcels at build out P-6 Annexation Fees - Commericial or Multi-Family $2,750.00 Based on acres Condition of Approval Compliance Check (no improvement plans) $2,000.00 Time and Materials Charge Certificate of Compliance $2,475.00 Time and Materials Charge Lot line adjustment $3,900.00 Time and Materials Charge PUBLIC IMPROVEMENT INSPECTION:
$10,000 - $50,000 $2,000.00 Time and Materials Charge Plus 6.5% of improvements $50,001 - 100,000 $6,000.00 Time and Materials Charge Plus 6.5% of improvements $100,001 or more $15,000.00 Time and Materials Charge Plus 4.5% of improvements over $100,000 Commercial Site Plan Inspection $6,500.00 Time and Materials Charge Plus 8% of improvements Bridges or Major Structures $14,000.00 Time and Materials Charge Plus 7% of improvements Landscaping (Parks Department) $3,500.00 Time and Materials Charge Plus 8% of improvements FLOODPLAIN MANAGEMENT PROGRAM:

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

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

118

POLICE SERVICES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Abandoned Vehicle No Charge
ABC Permit Letter $50.00
Accident Report - Property Damage Only $12.00
Accident Report - Injury (1-20/20+ / Extensive) $12.00
Photos to CD or flash drive $25.00
Booking Fee $564.00 * This fee is charged by CCC, Sheriff Citation Sign-Off $0.00 No Charge
Clearance Letter:

Fee for Resident $15.00
Fee for Non-Resident $42.00
Crime Reports $12.00 * no charge for victims of a crime DUI Emergency Response Cost Recovery Actual cost for staff, equipment, lab work.

False Alarm Response (more than 2 in 30 days) $100.00 After 2 alarms in 30 days Gun Storage Services pursuant to Court Order:

Administrative Processing Fee Per Incident $12.00
Storage Fee (per month or any fraction thereof) per Gun $5.00 Parking Fines
CVC 21113(a), 21211(b), 21458(a)(1), 21458(a)(2), 22500.1, 22500(a), 22500(b), 22500(c), 22500(d), 22500(e), 22500(f), 22500(g), 22500(h), 22500(k), 22502(a), 22502(e), 22505(b), 22514, 22515(a), 4464 $45.00 CVC 22500(i) $260.00
CVC 22500(l), 22507.8(a), 22507.8(b), 22507.8(c), 22511.56(b), 22522, 4461 $285.00 CVC 22509, 22651.5, 24002(a), 4462(b), 5200(a), 5201, 5201(c) 5204, 9853.2, 9853.4(a) CO 46-4.004 $35.00
CVC 2500(j), 4000(a)(1), 9850 $50.00
CVC 22523(a), 22523(b) $108.00
CVC 38010(a), 38020 $75.00
CO 46-4.003 $60.00
CO 46-8.004 $40.00
Parties and Nuisances – Subsequent Calls for Service Hourly Charge; $415 minimum Rotational Tow Application Fees $350.00
Special Event Permit –No ABC Liquor License Letter Required $411.00 Special Event – Non-Profit Organization (with or without ABC letter) Second Hand Dealer License/Pawns $165.00 Plus Current DOJ Fees Solicitor/Peddler Permits $245.00
Subpoena Duces Tecum (Per EC 1563) $24 per hour plus $.10 per page Per EC 1563 Production of Documents Only $15.00
Appearance Request (officer/records) $275.00
Vehicle Abatement $492.00
Vehicle Repossession Fee $20.00 *per state law can only charge $15 plus a $5 admin fee Stored Vehicle Release – Recovered Stolen Vehicle No Charge Stored Vehicle Release $100
Carry Concealed Weapon Permit - Standard 2 Year $500.00 Plus Applicable DOJ Fees paid with application (currenlty $93). City fee paid half at application and half at issuance
Carry Concealed Weapon Permit - Judicial 3 Year $500.00 Plus Applicable DOJ Fees paid with application (currenlty $115). City fee paid half at application and half at issuance
Carry Concealed Weapon Permit - Custodial 4 Year $500.00 Plus Applicable DOJ Fees paid with application (currenlty $137). City fee paid half at application and half at issuance
Carry Concealed Weapon Permit - Reserve 4 Year $500.00
Plus Applicable DOJ Fees paid with application (currenlty $137). City fee paid half at application and half at issuance
Renewal Carry Concealed Weapon Permit - Standard 2 Year $238.00 Plus Applicable DOJ Fees paid with application (currenlty $52).

Renewal Carry Concealed Weapon Permit - Judicial 3 Year $238.00 Plus Applicable DOJ Fees paid with application (currenlty $74).

Renewal Carry Concealed Weapon Permit - Custodial 4 Year $238.00 Plus Applicable DOJ Fees paid with application (currenlty $96).

Renewal Carry Concealed Weapon Permit - Reserve 4 Year $238.00 Plus Applicable DOJ Fees paid with application (currenlty $96).

Duplicate/Modify Carry Concealed Weapon Permit $15.00 Plus any applicable DOJ Fees if necessary

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OTHER INSPECTION FEES FIXED FEE TIME & MATERIAL DEPOSIT ADDITIONAL FEE OR DEPOSIT COMMENT Inspections Outside of Normal Business Hours $69.25 Per Hour (Minimum of 2 Hours) RE-Inspection Fees Assessed Under Provisions of Section 305.8 $69.25 Per Hour Inspections for Which no Fee is Specifically Indicated $69.25 Per Hour Additional Plan Review Required by Changes, Additions & Revisions to Plans $78.50 Per Hour For Use Outside Consultants for Plan Checking & Inspections or Both Time and Materials Charge Energy Compliance Fees 25% of the Building Fee Applicable to all Structures with Heaters or any Conditioned Space Access Compliance Fees
25% of the Building Fee Applicable on all Buildings Except Residential Use Buildings with Fewer Than four (4) Dwelling Units
Landscape Improvement Inspection Single Family $150.00 Per Lot if not certified by a qualifed inspector

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

Residential Addition $ 94.80 Sq. Ft.

Residential Remodel (to existing floor area) By Value
Residential Use Conversion from Garage By Value
Sun room with 60% glazing, cabanas, other similar structures if conditioned space and Integrated with main Structure $18.65 Sq. Ft.

Patio Cover $16.79 Per Sq Ft.

Deck $13.56 Sq.Ft.

Deck - With Cover By Value
Retaining Wall By Value
Freestanding Fence By Value
Portable Doughboy Pools or Portable Spa (Electrical & Plumbing if Applicable) By Value Remodel or Tenant Improvement Work in Commercial Buildings By Value Re-Roofing-Single Family or Duplex $264.25 Includes Applicable City Fees Commercial Building Re-Roof By Value
Pre Fabricated Home on Permanent Foundation (Use minimum Electrical, Mechanical, and Plumbing Inspection Fees) By Value Moved Building By Value
Solar $303.95 Includes Applicable City Fees
Water Heater $55.97 Includes Applicable City Fees
HVAC By Value- Building fee reduced by 50% -energy effiecient permit Windows By Value- Building fee reduced by 50% -energy effiecient permit $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00 or fraction thereof

BUILDING VALUATION DATA SUPPLEMENT
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,000.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00
$1,000,001.00 and UP
$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.000

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

TOTAL VALUATION FEE

BUILDING FEES

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

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

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

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

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

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

Additional Processing
Applicable when additional plan review is required due to: 1) incomplete or unacceptable follow-through by applicant on deficiencies found in the initial plan review; 2) significant revisions submitted after plan review is well underway; or 3) revisions submitted during construction to reflect field changes. $78.50 Per Hour Plan Scanning:

Scanning of File $10.00 per file
Large Format Scanning $25.00 per file

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

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

State of California Earthquake Assessment Fee
Residential: .13 per each $1,000 building Valuation
Commercial: .28 per each $1,000 building Valuation
Habitat Conservation Plan-Permanent Impacts (HCP/NCCP)
HCP/NCCP Fee Calculator https://www.cocohcp.org/DocumentCenter/View/1493/PermanentImpacts_Fee-Calculator_2023_PSE Habitat Conservation Plan-Temporary Impacts (HCP/NCCP)
HCP/NCCP Fee Calculator https://www.cocohcp.org/DocumentCenter/View/1495/TemporaryImpacts_Fee-Calculator_2023_PSE

ADMINISTRATION AND OVERHEAD COSTS - ACTUAL COSTS
Actual costs include the City's administrative and overhead costs.

Section 2: VALUATION
The valuation to be used in computing Construction Permit Fees shall be the total valuation of all construction work for which the permit is issued, as well as all finish work, painting, roofing, mechanical, electrical, plumbing, beating, air conditioning, elevators, fire extinguishing systems, and any other permanently installed equipment.

For industrial facilities, the value of process equipment and heavy machinery supported by the structure or by its own foundation shall be included. Contractor overhead and profit shall be included.

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

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

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

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

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

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

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

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User Groups:

Group 1: Oakley Resident, Oakley Based Businesses and Oakley Based Non Profits Group 2: Non-Resident and Non-Oakley Based Non Profits
Group 3: Community Partner
Group 4: Private Business, Group or Organizations
FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Sports Area $11 per hour $26 per hour As Outlined in Individual Agreement $60 per hour Creekside and Nunn Wilson Park Group Picnic Areas (up to 100 people) $100 per day $125 per day As Outlined in Individual Agreement $200 per day Crockett and Summer Lake Park Group Picnic Areas (under 50 people) $75 per day $100 per day As Outlined in Individual Agreement $150 per day Temporary Use Permit $100 application fee + $500 deposit Special Event/Road Closure Permit (if required) $50 application fee* Park Rental Fee $250 per day
Membership for Oakley Residents* $25 Annually For residents 55 and up ( Will be pro-rated by quarter if application is mid year) Membership for Non- Oakley Residents* $35 Annually For non-residents 55 and up ( Will be pro-rated by quarter if application is mid year) * It is imporatant to note those 60 years or older who only want to participate in the Café Costa Food service program, will be allowed to do so without a membership. All other programming does require an annual membership.

FACILITIES GROUP 1 GROUP 2 GROUP 3 GROUP 4
Oakley Recreation Building Studio 1 Only available for parties with 50 or less people
$55 per hour $75 per hour As Outlined in Individual Agreement $100 per hour Recreation Center Great Room M-Th $158 per hour
F-Su $236 per hour
Add on Kitchen to full room rental or side A for $100
M-TH $184 per hour
F-Su $263 per hour
As Outlined in Individual Agreement
M-TH $236 per hour
F-Su $315 per hour
Recreation Center Side A or Side B M-Th $79 per hour
F-Su $121 per hour
Add on Kitchen to full room rental or side A for $100
M-TH $105 per hour
F-Su $142 per hour
As Outlined in Individual Agreement
M-TH $131 per hour
F-Su $158 per hour
Kitchen Available Monday - Friday $47 per hour $53 per hour As Outlined in Individual Agreement $53 per hour Recreation Center Deposit $250, insurance required on all rentals. *Large events and events serving alcohol will require $500 deposit and security as approved by the Chief of Police

CIVIC CENTER PARK STAGE & AMPITHEATER

PICNIC AREA AND SPORTS FIELDS

PARKS & RECREATION
A $150 damage deposit is due at the time of application to reserve any park or sports area.

RECREATION CENTER FEES
STUDIO 55
*Additional fees may apply based on the nature of your event

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RESIDENTIAL CUSTOMERS 07/01/2025-06/30/2026 MONTHLY FEE 32 Gallon Trash Service $49.64
64 Gallon Trash Service $69.42
96 Gallon Trash Service $78.76
32 Gallon Senior-Low Income Trash Service $42.14
Additional Recycling Container $15.59
Additional Green Waste Container $15.59
RESIDENTIAL CUSTOMERS 07/01/2025 - 06/30/2026 MONTHLY FEE 32 Gallon Trash Service $52.67
64 Gallon Trash Service $73.66
96 Gallon Trash Service $83.58
32 Gallon Senior-Low Income Trash Service $44.71
Additional Recycling Container $16.54
Additional Green Waste Container $16.54

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

MISCELLANEOUS FEES AND CHARGES

125

STAFF REPORT
481
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: October 28, 2025
TO: Hon. Mayor and Members of the City Council
FROM: Derek Cole, City Attorney
SUBJECT: Fifth Amendment to Employment Agreement
Between the City of Oakley and Joshua McMurray
Background and Analysis
The City and City Manager Joshua McMurray entered into an Employment Agreement effective November 10, 2021. (Mr. McMurray had served as Interim City Manager since May 2021.) The Employment Agreement has been amended four times. The First Amendment increased the City Manager’s salary. The Second Amendment provided for automatic, two-year extensions of the Agreement on July 1 of each year, unless the City Council elects not to provide for renewal by June 1. A Third Amendment to the Employment Agreement increased the City Manager’s salary and allowed for an additional three months of severance, allocated one month at a time upon a favorable annual evaluation, beginning in 2024. The fourth amendment increased the City Manager’s salary to its current amount, $311,772.

The proposed fifth amendment would make the following changes to the City Manager’s employment agreement:
• An “election window” period would be created—starting six months before and extending six months after the certification of an election (which usually occurs in early December)—in which the City Council could not terminate the City Manager without cause. During this window period, only for-cause terminations would be permitted.
• A Council supermajority, four-fifths vote would be required for any termination for cause and for any without-cause termination outside the “election window” period.
• The City Manager would, immediately upon approval of the amended, be entitled to 18 months of severance if his agreement were terminated on a without-cause basis. Presently, the City Manager has 11 months of severance and would be entitled to receive an additional month (for a capped total of 12 months) on July 1, 2026. Thus, upon approval of the proposed amendment, he would be credited with 7 more months of severance than he currently has a right to receive.
• The term of the City Manager’s agreement would become indefinite. His agreement would be in effect until he chooses to terminate it (such as by Approved and
Forwarded to the
City Council
126

STAFF REPORT
4908-7408-9535.1 CITY HALL | 3231 Main Street, Oakley, CA 94561 2 O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
retirement, resignation, or taking another job) or until the Council terminates the agreement with or without-cause. (The agreement would always be deemed to have at least 19 months of time remaining to ensure technical compliance with a California statute governing the payment of severance in government employment agreements.)
Consistency with the Oakley Strategic Plan 27+
The proposed action is consistent with the Sustainable Organization Goal.

Fiscal Impact
There is no immediate fiscal impact associated with the approval of the proposed amendment. But the amendment would increase the amount of severance the City Manager would receive for a without-cause termination. Presently, the City Manager is entitled to 11 months of severance; upon approval of the amendment, he would receive the right to an additional 7 months of severance.

Staff Recommendation
The City Council may adopt the Resolution Approving the Fifth Amendment to the Employment Agreement Between the City of Oakley and Joshua McMurray.

Attachments

1. Resolution Approving Fifth Amendment to Employment Agreement

2. Fifth Amendment to Employment Agreement
127
Resolution No. XX-25 Page 1 of 1
RESOLUTION NO. XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY AUTHORIZING THE EXECUTION OF THE FIFTH AMENDMENT TO THE CITY MANAGER’S

EMPLOYMENT AGREEMENT
WHEREAS, the City entered into an Employment Agreement with the City Manager effective November 10, 2021, which has been amended four times.

WHEREAS, the City and City Manager desire to enter into a Fifth Amendment to the City Manager’s Employment Agreement to amend the provisions concerning for- and not-for cause terminations, the amount of severance to be provided, and the term of the agreement.

WHEREAS, before approving the proposed amendment, the City Council received an oral report regarding the fiscal impact of the proposed amendments to the Employment Agreement per Government Code § 54953(c)(3).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakley authorizes the Mayor to execute the Fifth Amendment to the Employment Agreement Between the City of Oakley and Joshua McMurray, in the form as attached as Attachment A to this Resolution.

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

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
__________________
Shannon Shaw, Mayor
ATTEST:
_____________________ __________________
Kim Snodgress, City Clerk Date
128
1 FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OAKLEY AND JOSHUA McMURRAY
This Fifth Amendment (“Fifth Amendment”) to the Employment Agreement between the City of Oakley and Joshua McMurray (“Manager”), dated November 10, 2021 (“Employment Agreement”), is entered into and effective on October 29, 2025 (“Effective Date of Amendment”).

The Employment Agreement, including its previous amendments, shall be amended as set forth below. All other terms of the Employment Agreement and its previous amendments not amended shall remain the same as stated. (Changes to existing the Employment Agreement including previous amendments are shown in underlined and strikethrough text.)

1. Section 4 of the Employment Agreement (as previously amended in the Second Amendment to the Employment Agreement) is replaced in its entirety and amended to read as follows:
“This Agreement shall remain in effect until Manager resigns or retires or until the City terminates the Agreement for Cause or without Cause as provided in Section 6 of this Agreement.”

2. Section 6.A to the Employment Agreement (as previously amended in the Third Amendment to the Employment Agreement) is amended to read as follows:
“A. Effective on the Effective Date of Amendment, if City terminates this Agreement (thereby terminating Manager’s employment) without Cause, as determined by a four-fifths (4/5) affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, except when prohibited as provided in Paragraph G of this Section, and if Manager signs, delivers to the City Council, and does not revoke, a General Release Agreement (“Release Agreement”), City shall pay Manager a lump sum benefit equal to nine (9)eighteen (18) months of Manager’s then Base Salary; and, subject to any restrictions of the City’s Medical benefit provider(s) shall provide health (medical, dental, and vision) benefits continuing under the health benefit plans in which Manager and any dependents are then enrolled for nine (9)eighteen (18) months or until the Manager finds other employment, whichever comes first (the cash payment and continuing benefits, collectively “Severance”). For purposes of Government Code section 53260, the indefinite term of this Agreement, as provided in Section 4 of this Agreement, shall be construed to mean that at the time of any termination without Cause under this Paragraph, Manager shall be deemed at the time of the termination to have no fewer than nineteen (19) months of unexpired term remaining in this Agreement.” On July 1, 2025, and on any July 1 thereafter, Manager shall receive one (1) additional month of Severance following a positive annual evaluation in accordance with Section 7.B until the total of twelve (12) months of Severance has been reached, from which time Manager’s Severance shall be capped at twelve (12) months.

Notwithstanding the foregoing, and in accordance with Government Code section 53260, if the remaining term of Manager’s Agreement is less than six (6) 129
2 months, the maximum Severance that Manager may receive shall be an amount equal to Manager’s monthly salary multiplied by the number of months left on the unexpired term of the Agreement.”

3. Section 6.B to the Employment Agreement is added to read as follows:
“If City terminates this Agreement (thereby terminating Manager’s employment) with Cause, as determined by a four-fifths (4/5) the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms (“Accrued Salary and Benefits”).

As used in this Agreement, Cause shall mean any of the following:

1. Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the Manager’s reputation;

2. Proven failure of the Manager to observe or perform any duties and obligations, if that failure continues for a period of thirty (30) business days from the date of receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;

3. Conviction of any crime involving an ‘abuse of office or position,’ as that term is defined in Government Code Section 53243.4 (see Section 6. C., (below));

4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act compliant meeting; and

5. Any grossly negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properlyestablished rules or procedures.”

4. Section 6.G to the Employment Agreement is added to read as follows:
“1. Notwithstanding any other provision of this Agreement, the City shall not terminate Manager’s employment without Cause at any time within one hundred eighty (180) days before or after the certification of any municipal election at which one or more members of the City Council are elected or recalled.

2. For purposes of this Section, “certification” means the City Clerk’s (or county elections official’s) canvass certification or formal City Council acceptance of the canvass, whichever occurs later.
130
3 3. This Paragraph is intended to promote continuity of municipal operations and to provide any newly constituted City Council a reasonable period to objectively assess the Manager’s performance before exercising without-cause removal authority. To this end, this provision is consistent with the authority granted to the City Council in Section 2.2.120 of the Oakley Municipal Code.

Nothing herein limits the City Council’s authority to evaluate performance or to take action for Cause as provided in this Agreement.”
So agreed.

Joshua McMurray Shannon Shaw
City Manager Mayor
Approved as to Form:

Derek P. Cole
City Attorney
131
September 2025 New In-Town Business Licenses
Business Name Primary Contact Email Address Full Primary Address Active Licenses DNA CARDS AND COLLECTIBLES 642 BELFONTE ST
OAKLEY CA 94561

HOME BASED BUSINESS
DREAMSCAPE LIVING INC 534 AVANTI WAY
OAKLEY CA 94561

HOME BASED BUSINESS

EAST COUNTY PERFORMING ARTS
CENTER
[email protected] 3350 MAIN ST STE 100
OAKLEY CA 94561

BUSINESS LICENSE
ECOFRESH CLEANERS [email protected] 1220 POPLAR DR
OAKLEY CA 94561

HOME BASED BUSINESS
EI PROPERTY SOLUTIONS LLC 5011 TEAKWOOD DR
OAKLEY CA 94561-1624

HOME BASED BUSINESS
FULL CAPACITY CPR [email protected] 2567 TALARIA DR OAKLEY CA 94561

HOME BASED BUSINESS
HP PEREZ GROUP INC [email protected] 11 GRAPEVINE CT
OAKLEY CA 94561

HOME BASED BUSINESS
MS. CHRISTINA'S ACADEMY [email protected] 2487 TALARIA DR OAKLEY CA 94561

HOME BASED BUSINESS
NICKELSON DEVELOPMENT LLC 27 KORBEL CT
OAKLEY CA 94561-3037

HOME BASED BUSINESS
OASIS FAMILY FARMHOUSE 5685 MAIN ST
OAKLEY CA 94561

HOME BASED BUSINESS

PRECISION BRAKE & FRONT

AUTOMOTIVE REPAIR
[email protected] 5780 MAIN ST
OAKLEY CA 94561-3886

HOME BASED BUSINESS
RIVERAS BRILLIANT CLEANING [email protected] 701 DOMAINE CT OAKLEY CA 94561-3046

HOME BASED BUSINESS
SWEET CALI POP LLC [email protected] 435 SHANNON WAY OAKLEY CA 94561

HOME BASED BUSINESS
TRILLIUM BEHAVIORAL HEALTH 2055 TRUMAN LN
OAKLEY CA 94561-3908

HOME BASED BUSINESS
14 132

MEMORANDUM
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: October 14, 2025
TO: Joshua McMurray, City Manager
FROM: Danielle Navarro, Assistant City Manager
SUBJECT: Council Follow-up: “Blue-Sky” Contract for Animal Evacuation Services
At the July 8, 2025 City Council meeting, Councilmember Williams requested a Work Session regarding the City entering into a “blue-sky” contract for livestock evacuation services in the event of an emergency. Mayor Shaw seconded the follow-up request.

Councilmembers Williams described a “blue-sky” contract as a standing (or on-call) contract where no payment is made unless services are used. In this case, Councilmember Williams asked for information on the City establishing such a contract for the evacuation of livestock owned by Oakley residents in the event of an emergency requiring evacuation.

Staff contacted the Contra Costa County Office of Emergency Services (OES) to determine whether the County has any such contracts in place. OES referred staff to Contra Costa County Animal Services with which the City contracts for animal services such as animal adoptions, foster programs, licensing, noisy, missing or deceased animals, and vaccinations and spay/neuter clinics. Animal Services has been unsuccessful in executing a Memorandum of Understanding with animal evacuation organizations and stresses that evacuations and preparedness are the responsibility of the owner for both large and small animals. Lieutenant Weissman manages the Contra Costa County Animal Response Team (CCART), a volunteer group that sets up temporary animal shelters in disasters and is trained in the care of horses and other species. She confirmed that if an owner is unable to evacuate their animal in a disaster, Animal Services will respond to assist. In the event of a disaster, they may evacuate livestock or may determine the safest course of action for the animal(s) and owners would be to shelter in place.

Lieutenant Weissman provided the name of one organization in the area that provides livestock evacuation services. City staff has not found any other local organizations providing these services.

Approved and
Forwarded to the
City Council
133
Item 7.2(a) 1
A. Williams
Tri Delta Transit meeting:

SB 63 is heading to the governor’s desk; authorizes voters to consider a 14 year tax increase.

Contra Costa County would see a 1/2 cent increase. There are accountability measures built in: an independent oversight committee, financial efficiency requirements, maintenance maintained, an ad hoc committee may be established for agency accountability Service change update: preliminary results for the first 6 weeks - there has been steady growth in ridership; we reduced service on fixed route, but still grew. 11.7 % increase in fixed route, 10.6% increase in tri my ride. Increased efficiency throughout the system, moving more passengers per hour
Transportation meeting - Liberty Union superintendent, Oakley Union Superintendent, representatives from Tri Delta Transit, very positively received.

Cal cities East bay division meeting- our very own mayor was re-appointed to the East Bay division board.

Economic outlook: likely headed for a recession, and won’t have the past bailouts that we have had from the federal government.

Mayors Conference: County Recorder update on special election, 140 polling places throughout Contra Costa.

For Oakley, we go to our normal polling place (although throughout contra costa county, there were many polling places not available, so 48,000 people were displaced to new polling places)
Climate Adaptation Bay Conservation and Development Commission: for the Bay Area, local governments are required to develop subregional shoreline plans by Jan 1 2034; contra costa county is required to participate in this planning, but Oakley is not required to do this, and Pittsburg is the closest city to us at risk for Sea Level rise by 2050. There is no mandate to have this be multi hazard, strictly Sea Level Rise. Oakley is governed by the Delta Stewardship Council.
(November 5-7, concord Meet The Consultants by Team California) Cal Cities Annual Conference in Long Beach
Sessions: Santa Ana library, innovations and lessons learned to make libraries a thriving part of the community (even have outdoor, fully accessible libraries); grant and economic development playbook (a follow up to TIFs tax incremental financing, which Harumi and I have done work sessions on as well); power of public transportation in transforming communities - safe streets and accessible transportation benefits everyone, not only people who rely on public transit. Incorporating multi modal services and planning cities around that makes the journey safer and more pleasant for all; Branding your city: streamlining processes and telling that story - in just six years, development has added $23 million in ongoing tax revenue for city services. Also doubled their amount of specific plans in order to streamline and better enable growth in certain areas (leading to mixed use projects and senior housing)
134
Item 7.2(a) 1
A. Williams
Brief meeting with California Civic Leadership Institute to speak about water initiatives and also Climate policies in this funding gap.

Closing session - New board of directors sworn in , including Contra Costa’s own Gabe Quinto, El Cerrito Mayor Pro Temp
Erin Brockovich closing speaker: every big idea starts with one person willing to take on something that they are passionate about.

Community Healthbook (on her website) to report environmental concerns Attended the 10th annual Oakley out of the darkness walk, thank you so much to the city for opening restrooms and allowing the use of the civic center park 135