Agenda packet — Oakley City Council, March 24, 2026 (part 2 of 2)

5. Description of any transfers made pursuant to paragraph (2) of subdivision ( C) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. $0 (No transfers made under this section, in the current or any prior year).

6. Description of Projects for which the Oakley Housing Fund receives or is holding property tax revenue pursuant to the ROPS and the status of that project.

N/A -The Oakley Housing Fund neither receives nor holds property tax revenue pursuant to a ROPS.

7. For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with section 33334.16. For interest in real property acquired on or after February 1, 2012, a status update on the project.

N/A – The Oakley Housing Fund owns no real property.

8. a. A description of outstanding obligations pursuant to Section 33413 that remain to transfer to the Housing Successor on February 1, 2012.

The Oakley Housing Fund is obligated to pay the remaining deferred impact fee obligation related to the Oakley Cypress Associates project.

The balance at June 30, 2025, including interest, was $1,302,018. b. A description of the Housing Successor's progress in meeting obligations described in 8a.

Very little progress has been made since dissolution of the Oakley Redevelopment Agency, as these fees were only recently confirmed as solely a Housing Successor obligation, and the Department of Finance continually denied any Successor Agency payment.
c. A description of the housing successor's plan to meet unmet obligations described in 8a.

The Housing Successor receives loan repayments each year, and after paying for the services described in item 3 above, it will continue to use remaining balances to pay down this obligation. Given the state of the projects and length of the loan repayment terms, payment of the impact fees may take decades.
174
Oakley Housing Fund - SB 341 Annual Report - For Fiscal Year Ended June 30, 2025

Page 3 of 3 ends

9. Information required by subparagraph (B) or paragraph (3) of subdivision (a).

N/A.

10.Percentage of units of deed‐restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former RDA and its host jurisdiction within the last 10 years in relation to the aggregate number of units of deed‐restricted rental housing assisted individually or jointly by the housing successor, its former RDA and its host jurisdiction within the same time period.
a. 44%

11.a. The amount of excess surplus. N/A – None.
b. The amount of time that the successor agency has had the excess surplus.

N/A
c. The housing successor's plan for eliminating the excess surplus. N/A 175
Resolution No. XX-26 Page 1 of 2
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY MAKING

FINDINGS AND APPROVING THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (REPORTING YEAR 2025)
WHEREAS, in November 1998, the voters approved the incorporation of the City of Oakley, to be effective July 1, 1999; and
WHEREAS, on July 1, 1999, the City of Oakley was incorporated; and WHEREAS, after incorporation, the City adopted the Contra Costa County General Plan for the Oakley Area as its General Plan, the County’s subdivision ordinance as its subdivision Ordinance, and the County’s zoning ordinance as its zoning ordinance (Ordinance Nos. 1-99, 17-99, 22-99). Since that time, the City has prepared its own General Plan, as required by Government Code Section 65360; and WHEREAS, in December 2002, the Oakley City Council adopted the Oakley 2020 General Plan; and as part of the General Plan the City developed a 2001-2007 Housing Element, which was certified by The State Department of Housing and Community Development (HCD) in 2005; and
WHEREAS, in August 2009, the Oakley City Council adopted the 2007-2014 Housing Element; and
WHEREAS, in January 2015, the Oakley City Council adopted the 2015-2023 Housing Element; and
WHEREAS, in May 2023, the Oakley City Council adopted the 2023-2031 Housing Element; and
WHEREAS, the City is required to provide housing opportunities for all income groups. HCD reviews the Housing Element portion of the General Plan and requires an Annual Element Progress Report on the implementation of the Housing Element; WHEREAS, the Housing Element Annual Report includes the SB 341 Report as an attachment for the purposes of this resolution;
WHEREAS, the SB 341 Report, which requires annual reporting for housing successors to redevelopment agencies, will be separately submitted to HCD, as well as posted on the City’s website.

NOW, THEREFORE, on the basis of the above findings of fact and the entire Record, the City Council makes the following additional findings in support of the approvals:
176
Resolution No. XX-26 Page 2 of 2

1. The City has completed the Housing Element Annual Progress Report for reporting year 2025, which outlines the progress the City has made on the goals and policies outlined in the Housing Element:
a. The City shall meet the State Department of Housing and Community Development Department (HCD) requirements to ensure the City is providing adequate housing types for all income groups. b. Compliance with HCD requirements will provide for orderly and wellbalanced growth within the City.

PASSED AND ADOPTED by the City Council of the City of Oakley this 24th day of March 2026 by the following vote:

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:

Hugh Henderson, Mayor
ATTEST:

Kim Snodgrass, City Clerk Date
177

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Billilee Saengchalern, Public Works Director/City Engineer SUBJECT: Adopt a Resolution Approving a Deferred Improvement Agreement with Kenneth and Evelyn Ferrante, Trustees of the Kenneth and Evelyn Ferrante 2014 Trust, for Frontage Improvements at 2540 Oakley Road (MS 22-976)
Background and Analysis
The Developer, Kenneth and Evelyn Ferrante, is currently processing a minor subdivision (MS 22-976) for the property located at 2540 Oakley Road. As a condition of development, City Ordinance 10-01 requires the construction of specified public improvements along the property frontage. The Developer has requested to defer these improvements. Under Ordinance 10-01, the City may permit a developer to execute a Deferred Improvement Agreement (DIA) in lieu of immediate construction. This allows the City to ensure the improvements are built at a later date, typically when adjacent parcels develop or a specific triggering event occurs, while allowing the current minor subdivision to proceed.

The improvements being requested to be deferred include:
 Undergrounding of overhead utilities
 Construction of a 6-foot-wide meandering sidewalk
 Grading and landscaping of a 17.5-foot parkway element  Installation of public streetlights and necessary signage The proposed subdivision is located along Oakley Road west of Live Oak Avenue. The frontage improvements is approximately 350 linear feet along the northern half of Oakley Road. The site is challenging to improve with limited right of way and remaining rural current condition of this roadway has been unimproved with no storm drain nor existing curb and gutter in this area.

Consistency with the Oakley Strategic Plan 27+
The approval of this agreement is consistent with the Oakley Strategic Plan under the Community Health and Safety Goal to provide safe streets in Oakley by ensuring that required infrastructure is legally bound for future completion to City standards.

Approved and
Forwarded to the
City Council
178
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Fiscal Impact
There is no immediate fiscal impact on the City’s General Fund. The Developer is required to provide financial security in the form of a Faithful Performance bond and a Labor and Materials bond, each representing 100% of the estimated construction cost ($295,500). These securities ensure the City has the funds to complete the work should the Developer default.

Staff Recommendation
Staff recommend that the City Council adopt the resolution approving the Deferred Improvement Agreement for 2540 Oakley Road related to MS 22-976 and authorizing the City Manager to execute the agreement.

Attachments

1. Resolution

2. Deferred Improvement Agreement
179
Resolution No. XX-26 Page 1 of 2
RESOLUTION NO. XX-26

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

DEFERRED IMPROVEMENT AGREEMENT WITH KENNETH FERRANTE AND

EVELYN FERRANTE, TRUSTEES OF THE KENNETH AND EVELYN FERRANTE 2014 TRUST, FOR PUBLIC FRONTAGE IMPROVEMENTS ASSOCIATED WITH MS 22-976 (2540 OAKLEY ROAD)
WHEREAS, the Developer is the owner of real property located at 2540 Oakley Road (APN 037-080-021) and is seeking to complete a minor subdivision (MS 22-976); and WHEREAS, City Ordinance 10-01 requires the construction of certain public frontage improvements as a condition of property development, but allows for the deferral of such improvements through a written agreement; and
WHEREAS, the Developer has requested to defer the construction of approximately 350 linear foot of frontage improvements, including utility undergrounding, sidewalk construction, and parkway landscaping, as detailed in the Deferred Improvement Agreement and Exhibit C (Cost Estimate).

WHEREAS, the estimated cost of the deferred improvements is $295,500, and the Developer will provide the required bonds to secure the performance of this work; and WHEREAS, the City Engineer has reviewed the proposed agreement and exhibits and finds them to be in substantial conformance with City standards, and.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED, by the City Council of the City of Oakley that the Deferred Improvement Agreement between the City of Oakley and Kenneth and Evelyn Ferrante, Trustees of the Kenneth and Evelyn Ferrante 2014 Trust, is hereby approved.

BE IT FURTHER RESOLVED AND ORDERED, that the City Manager is authorized to execute said agreement and the City Clerk is directed to record the agreement with the Contra Costa County Recorder.
180
Resolution No. XX-26 Page 2 of 2
PASSED AND ADOPTED by the City Council of the City of Oakley this 24th day of March 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

APPROVED:
____________________
Hugh Henderson, Mayor
ATTEST:
______ __________
Kim Snodgrass, City Clerk Date
181
1 Recording Requested by:

City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
When Recorded Mail To:

City Engineer
City of Oakley
3231 Main Street
Oakley, CA 94561
A.P.N. 037-080-021 Space above this line for Recorder's Use

DEFERRED IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF OAKLEY AND

KENNETH FERRANTE AND EVELYN FERRANTE
MS 22-976
(2540 Oakley Road)
This Deferred Improvement Agreement (the “Agreement”) is made and entered into this 24th day of March, 2026, by and between the City of Oakley, a municipal corporation ("CITY") and Kenneth Ferrante and Evelyn Ferrante, Trustees of the Kenneth and Evelyn Ferrante 2014 Trust ("DEVELOPER").

RECITALS
A. DEVELOPER is the owner of certain real property located within the City of Oakley, County of Contra Costa, at 2540 Oakley Road, and more particularly described in Exhibit A (description), attached hereto and incorporated herein (“Property”). A plat showing the location of the Property is attached as Exhibit B (plat).

B. DEVELOPER wishes to make improvements to the property and the CITY requires among other things, that DEVELOPER construct specified public improvements pursuant to Ordinance 10-01.

C. Ordinance 10-01 may permit DEVELOPER to execute a deferred improvement agreement in-lieu of constructing improvements.

D. DEVELOPER has requested, and CITY has agreed, to defer DEVELOPER's obligation to make certain improvements listed below. By entering into this Agreement, DEVELOPER remains obligated to make such improvements, but in accordance with the period of time set forth herein.
182
2 AGREEMENT

1. Recitals
The foregoing Recitals are true and correct and are made a part hereof.

2. Improvements to be Constructed
a. DEVELOPER shall construct all improvements as required by the project conditions of approval. The improvements deferred by this Agreement (the “Improvements”) are generally described as follows (and as attached hereto as Exhibit D):

Construct the frontage improvements along Oakley Road per City of Oakley standards for a two-lane collector as shown on the typical section of the Tentative Parcel Map, including the following: 1) Undergrounding of overhead utilities including modification of impacted existing overhead service laterals 2) Construction of meandering sidewalk, six feet in width (6’), 3) Grading of Oakley Road parkway element from back of existing curb (parkway width is 17.5’), 4) Parkway landscaping consisting of approximately 4,175 square feet, 5) Public street lights, pull boxes and street light trenching, 6) Adjustment to grade of existing utility boxes impacted by grading operations and necessary signage as shown and reflected on the Oakley Road Deferred Improvement Agreement Exhibit D. b. The current estimated cost of constructing the Improvements is $295,500 as reflected in the cost estimate attached hereto as Exhibit C (cost estimate). c. All such Improvements shall be constructed in accordance with the CITY’s design standards and ordinances or as may be approved in writing by the City Engineer. Upon completion DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans of the Improvements, including any authorized modifications.

3. Completion Time.
a. Improvements shall be constructed at such time the City Engineer deems it necessary to be constructed. Such execution of work would be coordinate when the City deems it necessary to construct the full width of improvements along this segment of Oakley Road.
c. DEVELOPER shall submit improvement plans for the Improvements, prepared by a registered civil engineer, to the City Engineer and pay all applicable permit fees.
183
3 4. Security
a. Concurrently with the submission of the improvement plans to the City Engineer pursuant to Section 3(c) above, DEVELOPER shall furnish CITY with the following security in the forms specified in Government Code sections 66499.1 and 66499.2 or in a form satisfactory to the City Attorney if different from such Government Code forms:
i. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Section 2(b) above and sufficient to assure CITY that the Improvements will be satisfactorily completed.
ii. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Section 2(b) above and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor.
b. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map Act (Government Code sections 66499-66499.10), except as may be otherwise approved by the City Attorney.

5. Insurance Required
a. Prior to the commencement of work under this Agreement, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required by CITY as set forth in its standard insurance requirements at the time such work is to commence, and such insurance must be approved by the Administrative Services Director of CITY, or his or her designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER, at its own cost and expense, shall also procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the DEVELOPER and its agents, representatives, employees, and subcontractors. DEVELOPER shall provide proof satisfactory to CITY of such insurance that meets the requirements of this Agreement and under forms and amounts of 184
4 insurance satisfactory in all respects to the CITY. DEVELOPER shall maintain in full force and effect the insurance coverage in the forms and amounts specified by the CITY throughout the term of the work to be completed, and until final completion and acceptance of the Improvements by the CITY. DEVELOPER shall not allow any work to commence until DEVELOPER has obtained all insurance required by this Agreement and has provided evidence thereof to CITY.
b. The CITY may approve a variation in the insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the CITY’S interests are otherwise fully protected.
i. Notice of Reduction in Coverage. In the event that any coverage required by this Section 5 is reduced, limited, or materially affected in any other manner, DEVELOPER shall provide written notice to CITY as DEVELOPER’S early as practicable and in no case later than five (5) days after DEVELOPER is notified of such change in coverage.
ii. Failure to Maintain Insurance. Throughout the term of the work to be completed pursuant to this Agreement, and until final completion and acceptance of the work by CITY, DEVELOPER shall maintain in full force and effect insurance coverage in the forms and amounts required by this Agreement.
iii. Workers' Compensation and Employers Liability Coverage.

DEVELOPER shall use commercially reasonable efforts to cause the insurer to agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER pursuant to this Agreement for the CITY.
iv. All Coverages. Each insurance policy required by this Section 5 shall be endorsed to provide that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.
v. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.
vi. Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this Section 5. The certificates and endorsements are to be received and approved by the CITY before work pursuant to this Agreement commences. The CITY reserves 185
5 the right to require complete, certified copies of all required insurance policies, at any time.
c. Subcontractors. DEVELOPER and/or DEVELOPER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements provided in this Section 5.

6. Warranty Period
a. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, for a period of one (1) year after the date CITY accepts the Improvements, DEVELOPER agrees to maintain the Improvements and repair any defects or unsatisfactory work to the reasonable satisfaction of the City Engineer. CITY shall provide written notice to DEVELOPER of any repair or correction work which in the reasonable opinion of the City Engineer, must be completed. DEVELOPER shall repair or make such correction of such Improvements without expense or charge of any nature whatsoever to CITY.
b. In the event the DEVELOPER shall fail to comply with the conditions of Section 6(a) above, within thirty (30) days (or such reasonably longer period if the repair or correction work cannot be reasonably completed within such thirty (30) day period), after being notified of the repair or correction in writing, CITY shall have the right, but shall not be obligated, to make, or cause to be made, the repair or correction, and DEVELOPER shall promptly pay to CITY the reasonable costs and expense of such repair or correction. Notwithstanding anything herein to the contrary, in the event that any repair or correction results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately make, or cause to be made, such repair or correction, and DEVELOPER shall promptly pay to CITY the reasonable costs and expense of such repair or correction. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs that may be required, as determined in the sole discretion and reasonable judgment of CITY.

7. Inspection of the Work
DEVELOPER shall provide reasonable access to CITY through its City Engineer and his or her designated representative for the inspection of the work throughout construction of the Improvements. Such CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the Approved Plans, and all such materials and or work shall be 186
6 removed promptly by DEVELOPER and replaced to the reasonable satisfaction of CITY without any expense to CITY in strict accordance with the Approved Plans.

8. Agreement Assignment
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY which consent shall not be unreasonably withheld, conditioned or delayed.

9. No Agency Relationship; Defaults
a. Neither DEVELOPER nor any of DEVELOPER'S, employees, agents or contractors are or shall be considered, construed or implied to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
b. If, subject to Force Majeure (as defined below), DEVELOPER refuses or fails to complete, or cause the completion of, the Improvements pursuant to this Agreement within the time specified in Section 3 above, or any extension thereof, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or subject to notice and cure periods, any of DEVELOPER’S contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement and fails to cure such violation within the applicable cure period, the CITY, through its City Engineer may serve written notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. “Force Majeure” shall mean for purposes of this Agreement delay in DEVELOPER’S performance of its obligations under this Agreement which are beyond the reasonable control of DEVELOPER, including but not limited to work stoppage, acts of nature, acts of war, civil disorders and/or similar acts.

10. Use of Improvements
At all times prior to the final acceptance of the Improvements by CITY, the use of any or all such Improvements shall be at the sole and risk of DEVELOPER.

11. Safety Devices
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the construction site of the Improvements as may be reasonably necessary to prevent accidents to the public and damage to the Property. At 187
7 completion of the work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the Approved Plans and included in the Improvements) shall be removed from site of the work by the DEVELOPER, and the construction site of the Improvements left clean and orderly.

12. Acceptance of Work
Upon notice of the completion of all construction of the Improvements and the delivery of the set of final as-built plans required by Section 2(c) above to CITY by DEVELOPER, CITY through its City Engineer or his or her designated representative, shall examine the work without delay, and, if found to be in accordance with the Approved Plans and this Agreement, shall recommend acceptance of the Improvements to the City Council. The City Council may accept the Improvements by the adoption of a resolution, and the City Engineer shall notify DEVELOPER or its designated agents of such acceptance.

13. Liability
a. Indemnity. DEVELOPER hereby warrants that all work will be performed in a workmanlike manner. DEVELOPER agrees to indemnify, defend, release, and hold harmless CITY, and each of its elective and appointive boards, commissions, officers, agents and employees (collectively, the “Indemnified Parties”), from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising out of DEVELOPER’S or its employees, agents, or independent contractors performance or failure to comply with the obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of the Indemnified Parties; provided as follows:
i. That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Section 5 hereof.
ii. That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Section 14(a), regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, except to the extent caused by the negligence or willful misconduct of the Indemnified Parties, or regardless of whether or not such insurance policies 188
8 shall have been determined to be applicable to any of such damages or claims for damages.
b. Design Defect. If, in the opinion of the CITY, a design defect in the work of the improvements becomes apparent during the course of construction and such design defect, in the reasonable opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct, or cause the correction of such design defect at its cost and expense.
c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and such action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in such action, the prevailing party shall be entitled to recover its attorneys' fees and court costs.

14. Recordation
This Agreement shall be recorded in the office of the County Recorder of Contra Costa County, California.

15. Notices
a. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to CITY shall be addressed as follows:

Attn:

Public Works Director
City of Oakley
3231 Main Street
Oakley, CA 94561
Notices required to be given to DEVELOPER shall be addressed as follows:

Attn:

Ken & Evelyn Ferrante
1789 Surfside Place
Discovery Bay, CA 94505
b. Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
189
9 16. Miscellaneous Provisions
a. This Agreement and the Approved Plans contain the entire agreement between DEVELOPER and the CITY with respect to the Improvements.

No modification to this Agreement shall be effective unless it is in writing, signed by the DEVELOPER and the CITY.
b. The laws of the State of California shall govern this Agreement. The invalidity, in whole or in part, of any provision of this Agreement will not void or affect the validity of any other provision of this Agreement. c. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
190
10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY:

CITY OF OAKLEY,
a municipal corporation
DEVELOPER/OWNER:

By:
_________________________________
Joshua McMurray, City Manager
ATTEST:
__________________________________
Kim Snodgrass, City Clerk
By:
_________________________________
Kenneth Ferrante,
_________________________________
Evelyn Ferrante,
Trustees of the Kenneth and Evelyn
Ferrante 2014 Trust
APPROVED AS TO FORM:
__________________________________
Derek P. Cole, City Attorney
191
11 EXHIBIT A

DESCRIPTION
This parcel is located at 2540 Oakley Rd, Oakley, CA 94561 (APN# 037-080-021)
192
12 EXHIBIT B
Vicinity Map
193
13 EXHIBIT C
Cost Estimate
194
Milani & Associates Civil Engineers
2655 Stanwell Drive, Suite 105 Land Planners
Concord, CA 94520 Surveyors
925-674-9082
Fax: 925-674-9279
Date: 02/06/26
Job # 1953
Draft By: MEM
1953/cost estimate/dia/1953 DIA costest.02-06-26
Preliminary Engineer's Opinion of Probable Construction Costs Minor Subdivision 22-976
2540 Oakley Road, Contra Costa County, California
Deferred Improvement Agreement - Oakley Road Frontage Improvements 363
UNIT

ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Finish Grading & Paving
1 Grading to R/W line-Frontage (17.5' X 363') 6,355 s.f 3.00 19,065 Sub-Total $19,065
Street Furniture
1 Street Name Sign 1 each 650.00 650
Sub-Total $650
Street Work - Concrete
1 6' detached Sidewalk (363 lf) 2,178 s.f. 20.00 43,560 2 Allocation for traffic control - Oakley Road 3 day 2,000.00 6,000 Sub-Total $49,560
Joint Trench Facilities
1 Overhead Electric - Rule 20 underground 390 l.f. 390.00 152,100 2 Convert Single Family/Commercial Buildings to
underground 1 each 4,000 4,000
3 Street Lights including box & cable 3 each 3,500 10,500 4 Street Lights cable & pull boxes 363 l.f. 30 10,890
Sub-Total $177,490
195
UNIT

ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Micellaneous
1 Parkway Landscaping 4,175 s.f. 5.00 20,875
2 Allocation for existing meter box adjustments 1 l.s. 950.00 950 Sub-Total $21,825
TOTAL CONSTRUCTION COST $268,590
10% CONTINGENCY $26,900

GRAND TOTAL - CONSTRUCTION COST
(Rounded to Nearest $100) $295,500
Exceptions & Exclusions:

This estimate is based upon information available at this time and Milani & Associates assumes no liability for changes in prices due to unforeseen conditions or changes required by governing agencies.

This Estimate is based upon the following:

1. Oakley Road Design speed - 45 mph (posted 35 mph)

2. Oakley Road Section 5" AC/19" AB

3. Frontage transition length = 300 lf (35 mph*8') both ends

4. Oakley Road frontage taken a 363 lf.
196
14 EXHIBIT D
Improvements
197

CITY OF OAKLEY CALIFORNIA
1 CONTRA COSTA COUNTY
MS 22-976

DEFERRED IMPROVEMENT AGREEMENT
2540 OAKLEY ROAD
1 EXHIBIT "D"
198

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: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Adopt a Resolution Approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement Between the City of Oakley and Other Public Agency Members Background and Analysis
The City of Oakley is a member of the Municipal Pooling Authority (MPA) a Joint Powers Authority (JPA). MPA provides the City as well as other members with the administration of self-insured insurance coverage for liability, worker’s compensation, and vehicle coverage as well as access to participate in fourteen additional programs that offer coverage for property, crime, cyber and employee benefits. To be a member of MPA each governing body must agree to a Joint Exercise of Powers Agreement (JPEA) with MPA.

A JPEA is a foundational document that outlines MPA’s powers and organizational structure. The City of Oakley joined the MPA just after incorporation in 2002 and entered into the current JPEA when it was updated in 2005. The JEPA has undergone an extensive review and revision process and is being presented tonight for approval to adopt the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement.

On February 27, 2025, the MPA Coverage and Governance Committee recommended JEPA amendments to ensure alignment with other relevant documents and laws. The MPA Executive Committee approved these with revisions on March 26, 2025, and the Board of Directors gave final approval on April 10, 2025.

Board-approved amendments were sent to all members for feedback, after which MPA staff and legal counsel made further revisions based on input received. The MPA Board of Directors approved the final Amended/Restated JEPA on January 13, 2026. The Amended/Restated JEPA must now be approved by each member by resolution of the member’s governing body and signed by each member’s designee.

In response to member feedback and the edits recommended by the MPA Coverage Committee, additional revisions have been incorporated into the JEPA. These changes include both substantive updates and formatting refinements to ensure clarity and consistency:

Approved and
Forwarded to the
City Council
199

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us  Section 3 (Creation of MPA): Language revised to clarify that MPA was previously formed and is continued pursuant to current Government Code provisions (title also changed to “Amended and Restated.”  Section 8 (Powers of MPA): Additional language added to address California Association of Joint Powers Authorities (CAJPA) accreditation recommendation regarding language specifying limitation of powers.  Section 17 (Member Responsibilities): Minor re-wording to clarify that obligations continue beyond participation and to better define a Member’s duty to provide requested information and support investigations.  Section 23 (Effect of Withdrawal or Expulsion): Clarified language confirming that withdrawal or expulsion does not relieve a Member from obligations under MPA’s governing documents.
 General Formatting and Language Consistency: Several non-substantive edits were made throughout the document to correct formatting issues that arose during the conversion of the original PDF into an editable format. These changes improve internal consistency and readability without altering meaning.

MPA was approved by the state as of July 1, 1977. It currently has twenty-one member municipalities, primarily located in Contra Costa County, with some in Santa Clara, San Joaquin, and San Mateo counties. MPA was formed primarily to reduce the rising costs of private insurance for liability and workers’ compensation. The founding members agreed to pool fiscal resources and share the cost of administering and litigating claims. This pooling of funds is allowed under the Joint Exercise of Powers Act, Government Code Sections 6500-6599.3.

MPA provides valuable resources for training and education, including a comprehensive wellness program, ergonomics program, and online training modules. Participation in a JPA is invaluable for reducing claims exposure and cost.

In addition to coverage, MPA has also provided members with grants to meet safety needs within their cities. Oakley has benefited from these grants over the last two years. MPA has a Board of Directors and each member in the pool has a seat on the Board. The Board decides how claims are managed and what is covered by the pool.

The JEPA Agreement is the required document that each member’s governing body must approve to join any MPA program.

Below is a list of current active members:
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STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Consistency with the Oakley Strategic Plan 27+
This agenda item is consistent with the Strategic Plan 27+ goals for Fiscal and Financial Responsibility and Sustainable Organization.

Fiscal Impact
There is no fiscal impact associated with this item.

Staff Recommendation
Staff recommends the City Council adopt a resolution approving the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement Between the City of Oakley and Other Public Agency Members and authorizing the Primary or Alternate Board member to sign the agreement. 201

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us Attachments

1. Resolution

2. Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement-Redlined

3. Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement
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Resolution No. XX-26 Page 1 of 2
RESOLUTION NO. X-26

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

THE MUNICIPAL POOLING AUTHORITY AMENDED AND RESTATED JOINT

EXERCISE OF POWERS AGREEMENT WITH THE CITY OF OAKLEY AND OTHER

PUBLIC AGENCY MEMBERS
WHEREAS, Government Code Section 6502 provides that two or more public agencies may, by agreement, jointly exercise any power common to the contracting parties, if authorized by their respective legislative or other governing bodies; and WHEREAS, under this statutory authority, a new public entity, the Municipal Pooling Authority (MPA), was formed in 1977 by a Joint Exercise of Powers Agreement (JEPA), under which members were afforded the opportunity to insure against various risks jointly, rather than individually; and
WHEREAS, the City became a Member Agency of MPA on July 1, 2002; and WHEREAS, there have been previous amendments to the MPA JEPA; and WHEREAS, the members of MPA now wish to further amend the JEPA; and WHEREAS, an Amended and Restated Joint Exercise of Powers Agreement for MPA, is attached hereto and incorporated herein as Exhibit A.

BE IT RESOLVED by the City Council of the City of Oakley does hereby:

1. Approve the execution of the Municipal Pooling Authority Amended and Restated Joint Exercise of Powers Agreement to provide property, workers’ compensation, public liability, and other coverages; and

2. Authorize the City’s designated primary or alternate MPA Board member to execute the same on behalf of the City.

PASSED, APPROVED AND ADOPTED this 24th day of March, 2026 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:
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Resolution No. XX-26 Page 2 of 2
APPROVED:
___________________
Hugh Henderson, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
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MUNICIPAL POOLING AUTHORITY

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is entered into by and among the public entities listed in Appendix A ( hereafter referred to as "Members").

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The following State laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance inanydesired combination;
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity; e. Government Code Section 990.8, permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government CodeSections 6500, et seq.; and
f. Government Code Sections 6500, et seq., permitting two or more local public entities to jointly exercise under an agreement any power which is common to each of them.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time the Agreement has been amended several times and Members have withdrawn from and new Members have been added to MPA.
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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq. between the Members. The purpose of this Agreement is to exercise jointly powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall mean the public entity known as the Municipal PoolingAuthority created by thisAgreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a purchased policy of insurance.

5. "Member" shall mean any public entity listed in Appendix Ato this Agreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
Pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500), the parties hereto create a A public entity, separate and apart from the parties hereto and , to be known as the Municipal Pooling Authority, was previously created and is continued .pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).

SECTION 4
Terms ofAgreement
This Agreement is effective as of __________________ and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.
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SECTION 5
GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bvlaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.
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(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of those such common powers, referred to in the Recitals including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities and obligations but no debt, liability or obligation of MPA is a debt, liability or obligation of any Member, pursuant to Government Code Section 6508.1;
(3) Acquire, hold or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage and maintain buildings;
(8) Lease real or personal property including that of a Member; (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be , subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.
208
SECTION 10
Coverage Provided by MPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11
Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12
Budget
MPA shall adopt an annual budget no later than the first day of its fiscal year.

SECTION 13
Member Contributions
The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member by the act of paying its contribution accepts the coverage provided by MPA.

The Chief Aministrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15
Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16
MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

Formatted: Normal, Tab stops: Not at 0"
209
SECTION 17
Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the procedures set forth in the Bylawsapplicable practices and procedures; (2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage; (3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
(4) Pay contributions and assessments approved by the Board when due; (5) Provide MPA with statistical and loss experience, data and other information requested; and
(6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 18
New Members
Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa County or in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of this Agreement, and shall forthwith pay to MPA its current contribution payment as determined in accordance herewith, as well as any fees and expenses set by the Board.

SECTION 19
Cancellation of Coverage i n a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
Assets UponTermination of Agreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated. 210
SECTION 21
Withdrawal of a Member
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months prior written notice of its intent to withdraw.

SECTION 22
Expulsion
The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth inthe Bylaws.

SECTION 23
Effect of Withdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.

SECTION 24
Liability and Indemnification
MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

SECTION 25
Assessment
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program if the Board finds that there are insufficient funds available to MPA to meet its legal obligations.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken. 211
Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.

SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 28
Prohibition Against Assignment
No Member may assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, premium or asset of MPA.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two thirds of the then-participating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.
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IN WITNESS WHEREOF, the parties hereto have executed this Joint Exercise of Powers Agreement as of the day and year first above written.

City of Antioch City of Mountain House
City of Brentwood City of Oakley
City of Clayton City of Orinda
Town of Danville City of Pacifica
City of El Cerrito City of Pinole
City of Gilroy City of Pittsburg
City of Hercules City of Pleasant Hill
City of Lafayette City of San Pablo
City of Manteca City of San Ramon
City of Martinez City of Walnut Creek
Town of Moraga
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 1 | 10

MUNICIPAL POOLING AUTHORITY

RECITALS

1. The Members are public entities organized and operating under the laws of the State of California;

2. The followingState laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensationclaims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and self-insurance inanydesiredcombination.
d. Government Code Section 990.6, providing that the cost of insurance authorized under the related sections is a proper charge against the local public entity. e. Government CodeSection 990.8, permitting two ormore local public entities to enter into an agreement to jointly fund such expenditures under the authorityofGovernment CodeSections6500, et seq.;and
f. Government Code Sections 6500, et seq., permitting two or more l o c a l public entities to jointly exercise under an agreement any power which is common to each ofthem.

3. Each of the Members desires to enter into an agreement with each of the others for the purpose ofinsuring against various risksjointly, rather than individually.

4. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of MPA shall not constitute debts, liabilities, or obligations of the Members.

5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time, the Agreement has been amended several times, and Members have withdrawn from, and new Members have beenadded to MPA.
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 2 | 10 NOW,THEREFORE, for and inconsideration of the mutual benefits, covenants andagreements setforth herein,the Members agree as follows:

SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq., between the Members. The purpose of this Agreement is to exercise jointly t h e powers common to each Member by managing risks and pooling or purchasing coverage for losses.

SECTION 2
Definitions
Unless the context otherwise requires:

1. "MPA" shall meanthe public entity known as the Municipal PoolingAuthority created bythis Agreement.

2. "Board" shall mean the governing body of MPA.

3. "Chief Administrative Officer" shall mean the person appointed by the Board as the Chief Administrative Officer of MPA.

5. "Member" shall mean any public entity listed in Appendix AtothisAgreement.

6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms, conditions, and limitations of coverage provided by MPA to each Member that participates in the program.

SECTION 3
Creation of MPA
A public entity, separate and apart from the parties hereto and known as the Municipal Pooling Authority, was previously created and is continued pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (commencing with Section 6500).
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 3 | 10 SECTION 4
TermsofAgreement
This Agreement is effective as of January 13, 2026, and continues until terminated as hereafter provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date hereof.

SECTION 5

1.1.1 GoverningBoard
MPA shall be governed by a Board composed of one individual representative from each Member, each serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint to the Board either its Manager or Director, or the department head or staff person, responsible for its risk management function. Each Board member shall have one vote. Each Member shall appoint one Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The Alternate may vote at any meeting of the Board at which the regular Board member is absent.

SECTION 6
Meetings and Committees
(a) Committees. The Board may establish an Executive Committee comprised of members of the Board and delegate to it any powers or functions not reserved to the entire Board or otherwise nondelegable. Other regular committees may be created by, or in accordance with, the procedures set forth in Bylaws adopted by the Board. Ad hoc committees may, from time to time, be established by the President of the Board to serve as temporary committees for a limited purpose. (b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which, and the hour and place at which, each regular meeting is to be held, and the Chief Administrative Officer shall notify each Member of that action. Other meetings of the Board and meetings of any duly established committees may be held in accordance with applicable law. All meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.). (c) Bylaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent either with applicable law or with this Agreement. In the event the Bylaws or regulations are inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after adoption by the Board.

SECTION 7
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 4 | 10

1.1.2 Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the Bylaws.
(d) The Board may appoint such other officers, employ individuals, and contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.

SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby authorized, in its own name, to do all acts necessary for the exercise of such common powers, including, but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities, and obligations, but no debt, liability, or obligation of MPA is a debt, liability, or obligation of any Member, pursuant to Government Code Section 6508.1; (3) Acquire, hold, or dispose of real and personal property; (4) Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage, and maintain buildings; (8) Lease real or personal property, including that of a Member; 217
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 5 | 10 (9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.

These powers shall be exercised in the manner provided by law and as expressly set forth in this Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers shall be subject only to those restrictions upon the manner of exercising the powers which are imposed upon Members, such as the City of Pleasant Hill, in the exercise of similar powers.

SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th day of June of the following year.

SECTION 10
Coverage Provided byMPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant to one or more Memoranda of Coverage and/or purchased policies of insurance under the programs selected by the Member.

SECTION 11

1.1.3 Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.

SECTION 12

1.1.4 Budget
MPA shall adopt an annual budget nolater than the first day of itsfiscal year.

SECTION 13

1.1.5 Member Contributions
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 6 | 10 The Chief Administrative Officer shall be responsible for calculating annually the amount of contributions to be charged for coverage selected by Members. The Board shall approve each charge before it takes effect. Each Member, by the act of paying its contribution, accepts the coverage provided by MPA.

SECTION 14
Accounts and Records
The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and accounts in accordance with acceptable accounting practices and maintaining such other records as the Board requires pursuant to the procedures set forth in the Bylaws. The Chief Administrative Officer shall have the custody of and be responsible for the disbursement of MPA funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws.

SECTION 15

1.1.6 Reserves
Separate reserves shall be maintained in the funds for each type of coverage.

SECTION 16

1.1.7 MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.

SECTION 17

1.1.8 Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the applicable practices and procedures.
(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including compliance with any applicable Memoranda of Coverage.
(3) Comply with risk management recommendations, guidelines, and requirements established by MPA;
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 7 | 10 (4) Pay contributions and assessments approved by the Board when due. (5) Provide MPA with data and other information requested; and (6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA in matters related to this Agreement, any Bylaws adopted by the Board, and any other governing documents, policies, or procedures adopted by the Board.

SECTION 19
Cancellation of Coverage in a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any procedures or policies established by the Board, the Board may, by a two-thirds vote of all members of the Board, refuse to provide coverage or may cancel any coverage being provided to that Member in any program(s).

SECTION 20
Termination of Agreement and Disposition of
AssetsUponTerminationofAgreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete termination of this Agreement by all Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of MPA shall be divided among the Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal years preceding the year in which the Agreement is terminated.

SECTION 21
Withdrawal of aMember
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal year upon giving MPA six (6) months priorwritten notice of its intenttowithdraw.

SECTION 22
Expulsion
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 8 | 10 The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures setforth inthe Bylaws.

SECTION 23
Effect ofWithdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set forth in MPA’s governing documents.

MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of MPA's activities.

Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be reimbursed by the Member against which such collection action has been taken.

Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund. 221
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 9 | 10 SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.

SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two- thirds of the thenparticipating Members. Appendix A to this Agreement may be amended to correctly list current Members without separate action by the governing bodies of the Members or the Board, and provided any additional members execute the Agreement.

SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative Officer.
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A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 10 | 10 Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977

MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Appendix A - List of MPA Members
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STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Jeri Tejeda, Administrative Services Director
SUBJECT: Adopt Resolutions Amending the Consulting Services Contract with Koa Hills to Add Report Writing Services
Background and Analysis
In January 2023, as a part of the Tyler Enterprise ERP contract, the City hired Koa Hills to provide consulting services to guide us through the upcoming software conversion.

In July 2024, the City went live on the financial module of Tyler EERP and in January 2025 we went live on the Human Resources and Payroll module. We are still working on the implementation of permitting and licensing as well as asset management modules and anticipate both to be completed by December 2026.

As we have completed our first year with the new software, staff has found that the canned reporting offered in Tyler EERP is not always what is needed. Many times, we find that we need to run multiple reports in order to extract the information that is necessary for reporting.

Koa Hills has been a supportive partner throughout the conversion process. They not only have extensive knowledge of the Tyler EERP software, but they also have extensive knowledge of our specific implementation. Included in our Tyler contract is SQL Server Reporting Services (SSRS) Reporting. SSRS is an extremely powerful tool that can assist us in extracting information and building reports that will make many of our reporting responsibilities more efficient now and into the future.

The amendment we are seeking is to add an additional 270 hours of work which will get us approximately ten custom reports that will be specific to our software. These reports take many hours to build and test but once created they will save staff time and resources, as we will use these reports often. Once created, staff will be able to maintain these reports and make necessary adjustments on our own.

Approved and
Forwarded to the
City Council
224

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

Fiscal Impact
The cost of the amendment is $54,000. There is funding available utilizing ARPA funds previously allocated to the Tyler EERP project and therefore no additional funding is needed at this time.

Staff Recommendation
Adopt Resolutions Amending the Consulting Services Contract with Koa Hills to Add Report Writing Services and authorize the City Manager to sign the amendment.

Attachments

1. Resolution

2. Original Koa Hills Contract

3. Amendment to Koa Hills Contract
225
Resolution No. XX-26 Page 1 of 1
RESOLUTION NO. XX-26

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

AN AMENDMENT TO THE KOA HILLS CONSULTING SERVICES CONTRACT AND

AUTHORIZING THE CITY MANAGER TO SIGN THE AMENDMENT
WHEREAS, the City Council of the City of Oakley approved a consulting services contract with Koa Hills in January 2023 to assist the city with the implementation of the Tyler EERP software; and
WHEREAS, in July 2024 the City went live on the financial module of the software and in January 2025 the City went live on the human resources and payroll module; and WHEREAS, the reporting provided with the software is not adequate for the reporting needs of the City; and
WHEREAS, the purchase of Tyler included SQL Server Reporting Services (SSRS) Reporting allowing for the City to build necessary reports, BE IT RESOLVED by the City Council of the City of Oakley that the Koa Hills contract amendment is hereby approved and authorize the City Manager to sign the amendment.

PASSED AND ADOPTED by the City Council of the City of Oakley this 24th day of March 2026 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:
___________________
Hugh Henderson, Mayor
ATTEST:
____________________ ________
Kim Snodgrass, City Clerk Date
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Project Change Order 003
Prepared For: Jeri Tejada
Administrative Services Director
City of Oakley
3231 Main Street
Oakley CA 94561
Hours Rate Total
270 $200 $54,000
270 $54,000
•
•
•
Signature
Print Name
Date
3/2/2026
Finance Enterprise Support 25/26 - Change Order 003
Description of Change
Add hours to the project to develop reports including the developer deposit report and the payroll processing report. Specifications for these two specific report are attached in Appendix A.

Reasons for Change
Reports are needed for the project.

The hours listed on the quote are an estimate based on current information. If during the project we anticipate that additional hours will be needed the client will be notified and an additional change order will be completed.

Services are billed as incurred.

This quote is valid for 90 days.

Please confirm your acceptance by signing below:

Cost Summary
Report Development Services
Total Estimated Cost of Project
Quotation Notes:
250
SOW – Koa Hills Consulting – City of Oakley - Report Development 4 Appendix A
Author: Carrie Asosi, Programmer
Client: City of Oakley, California
Main Contact: Jeri Tejeda, Administrative Services Director Date: 02/12/2026
Report #1 - Developer Deposit Report Specifications
Overview:

Developer deposits in California are up-front fees or securities that a city or county requires from a developer before approving or starting work on a project. They’re basically financial insurance for the local government.

They exist to make sure the developer pays for public costs tied to the project and to protect taxpayers if the developer bails or underperforms.

The City of Oakley (Client) needs a Developer Deposit “Invoice” developed that will take details from Project Ledger history and create an invoice-like report that they can send to their Developers.

Details:
➢ Client has their Project Ledger setup and currently has around 100 Developer Deposit Accounts. ➢ Sources of data for report:

Project Ledger history is the main source of data for this report. This history gets updated from the following in Munis:
o Accounts Receivable (AR) - AR takes in payments from Developers. At intake time, the clerk will associate payments with the Project Number for the Developer. (Note: Client is not using AR General Billing in Munis as it is at the summary level and does not provide the detail that Developers need, hence the need for this report). These transactions will flow to Project Ledger history naturally.
o Payroll (PY) – PY projects are not linked to Project Ledger directly. Employee’s time will be coded in Payroll manually to the correct Project and then will flow to the Project Ledger via manually entered journal entries. These journal entries will have the Employee’s name and the number of hours worked that will then be used on this report.
o Accounts Payable (AP) – When invoice amounts are drawn down from a Developer’s Account, that information will naturally flow to Project Ledger history. 251
252
SOW – Koa Hills Consulting – City of Oakley - Report Development 6 ➢ Field Descriptions:
o HEADER:
▪ STATEMENT DATE: From selection criteria
▪ STATEMENT PERIOD: From selection criteria
▪ Developer Deposit Balance: Balance in Developer’s Account after all debits and credits in statement date range.
▪ Project Number and Description: In sample above, this is dd2516 – .

Client’s Project Number will also start with dd.
▪ Project Status: Pulled from Project setup in Munis
o DETAIL:
▪ DATE: Transaction date from Project Ledger history.
▪ DOC TYPE / NUMBER: The values in this column represent where the transaction came from and, if there is an important numeric identifier for that source, it is also provided.

For example (note that these examples and the ones in the above screenshot are from a different client and serve only as examples, these may be different for Client):
• CRP / 58: Cashiering – original deposit – 58 likely cash receipt # • PRJ/PAO / 0: Payroll journal entry – no associated #
• API / 91: Accounts Payable Invoice – 91 likely invoice # • Other kinds of expenses
▪ DESCRIPTION: A description of the transaction from the source of the transaction. Note that, for Payroll journal entries, the Employee name and hours will need to be included. ▪ AMOUNT: Amount of the transaction.
▪ BALANCE: Running total of amounts.

Item Description
Estimated
Hours
Discovery Call/Writing
Specifications

2.00 Report Development 26.00
To cover unknowns,
additional requests, etc. 10.00
Total 38.00
253
SOW – Koa Hills Consulting – City of Oakley - Report Development 7 Author: Carrie Asosi, Programmer
Client: City of Oakley, California
Main Contact: Jeri Tejeda, Administrative Services Director Date: 02/12/2026
Report #2 – Payroll Processing Report Specifications
Overview:

The City of Oakley (Client) has a need for a report pulled from payroll history that, for one payroll (Warrant) at a time, shows Earnings, Deductions, Benefits, and Leave data with employee detail, subtotals by Department Division, and then Grand Totals for the entire payroll at the end.

For example:

Department 20
Employee detail Department 20 Division 200 (20-200)
Subtotal for Department 20 Division 200 (20-200)
Employee detail Department 20 Division 210 (20-210)
Subtotal for Department 20 Division 210 (20-210)
Department 30
Employee detail Department 30 Division 200 (30-200)
Subtotal for Department 30 Division 200 (30-200)
….

Grant Totals for entire payroll at the end
This will essentially be one main report with two sub-reports due to the three different detail and summary levels.

Notes:
➢ In Munis, Division is called Location.
➢ Accounts are in the format 100-20-220-xxxxx where 100=Fund, 20=Department and 220=Division (Location).
➢ The Department-Divisions in the samples below are from Client’s old Eden system; these values are different in Munis.
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SOW – Koa Hills Consulting – City of Oakley - Report Development 10 ➢ Selection Criteria:
o Warrant Number (e.g. 260206) – Make this field a dropdown of Warrant Number codes from payroll configuration, sorted with most recent pay period descending, with the description being the Check Date.
➢ Field Descriptions:
o HEADER:
▪ Warrant Number run for
▪ Warrant pay cycle begin and end dates
▪ Warrant pay period type (e.g. bi-weekly)
▪ Date run
▪ Home Dept: This will be a concatenation of Department and Division (Location in Munis).

For example, 12-020.
o DETAIL:
▪ SECTIONS:
• EARNINGS
o Emp #
o Emp Name
o Position
o Position Description
▪ Pay Code
▪ Pay Code Short Description
▪ Hours/units
▪ Rate (just for hourly employees?)
▪ Amount – highlight amounts for pay codes with D in Non-Cash flag in Pay Master. These are non-cash pay codes, they should not be included in Gross.
▪ Totals:
• Hours
• Amount
• DEDUCTIONS
o Salary – this is the salary amount used for deduction calculations o Hourly rate
▪ Deduction Number
▪ Deduct Short Description
▪ Base Wages
▪ Deduction Amount
▪ Benefit/Contribution Amount
▪ Totals:
• Deductions
• Benefit/Contributions
• LEAVE
o Accrual Code
o Accrual Code Short Description
o Amount accrued in current pay period
o Amount taken in current pay period
o Banked?
o Lost?
• Gross Income – Gross Income minus non-cash pay amounts • Net Income - Gross Income minus non-cash pay amounts – total deductions Subtotal for Department Division is the same as above except:
257
SOW – Koa Hills Consulting – City of Oakley - Report Development 11 ➢ All hours, pay amounts, deduction amounts, benefit amounts, and accrual amounts are summed at the Department Division level.
➢ No specific employee information in the EARNINGS section, title is the Home Dept number and title.
➢ No specific employee salary and hourly rate information in the DEDUCTION section, title is the number of Employees in that Department Division.

Summarization of Entire Payroll Sample – Grant Totals – is the same as the Subtotal for Department Division except it is for the entire payroll.

Item Description
Estimated
Hours
Discovery Call/Writing
Specifications

2.0 Report Development 38.00
To cover unknowns,
additional requests, etc. 10.00
Total 50.00
258

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Billilee Saengchalern, Public Works Director/City Engineer SUBJECT: Adopt a Resolution to Approve the First Amendment to the Reimbursement Agreement with Ironhouse Sanitary District related to East Cypress Road Sanitary Sewer Improvements associated with CIP 247, 310, and 302 and Authorize the City Manager to execute the agreement Background and Analysis
On February 28, 2023, the City of Oakley executed a Reimbursement Agreement with the Ironhouse Sanitary District (District) for the installation of a new 14-inch sanitary sewer forcemain as part of the East Cypress Road Widening Project, CIP 247. The original agreement amount of $566,500 covered all sanitary sewer pipeline installation costs for the first phase of the overall project, including associated traffic control and mobilization.

The City continued to pursue the design and construction of the second and third phase of East Cypress Road to complete the widening efforts for the entire segment between Knightsen Avenue to Bethel Island Road.

This three-phase, multi-year project has the following limits:

Phase 1 – CIP 247 (Knightsen Avenue to Jersey Island Road) Phase 2 – CIP 310 (Contra Costa Water District (CCWD) Canal Crossing) Phase 3 – CIP 302 (Jersey Island Road to Bethel Island Road) The project widens East Cypress Road to six lanes west of Jersey Island Road and four lanes east of Jersey Island Road, and includes construction of storm drain, water, and sewer infrastructure; landscaped median islands; buffered bike lanes; sidewalks; streetlights; and five signalized intersections (four new and one modification).

The new sanitary sewer forcemain is identified in the District’s Sewer Master Plan as a required facility to accommodate projected flows from the East Cypress Road corridor and is therefore included in all three phases of the of the East Cypress Road Project.

Approved and
Forwarded to the
City Council
259
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
City staff have collaborated with Ironhouse Sanitary District over several months to agree upon the cost of the District’s obligation for the sanitary sewer improvements.

An amendment to the original Reimbursement Agreement is necessary to:

1. Reimburse the City for additional eligible costs incurred during Phase 1 (CIP 247); and

2. Expand the scope of reimbursement to include the District’s share of costs for the sanitary sewer improvements for Phase 2 (CIP 310) and Phase 3 (CIP 302).

These improvements are critical to the overall infrastructure in this area to serve current and future residents in the eastern portion of our City and neighboring communities within unincorporated Contra Costa County.

Consistency with the Oakley Strategic Plan 27+
This item is consistent with the Strategic Plan 27+ Community Health and Safety and Community and Collaborative Partnership Goals to build the City’s infrastructure.

Fiscal Impact
The approval of this reimbursement agreement amendment will not impact the City’s General Fund or the City’s project budget as Ironhouse Sanitary District will pay for the sanitary sewer related improvements associated with CIP 247, 310, and 302 in an amount not to exceed $3,279,870.

Staff Recommendation
Staff recommends that the City Council adopt the Resolution approving the First Amendment to the Reimbursement Agreement with Ironhouse Sanitary District for all three phases of the East Cypress Road project and authorize the City Manager to sign the agreement.

Attachments

1. Resolution

2. First Amendment to the Reimbursement Agreement
260
Resolution No. XX-26 Page 1 of 2
RESOLUTION NO. XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAKLEY TO APPROVE

THE FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH

IRONHOUSE SANITARY DISTRICT RELATED TO EAST CYPRESS SANITARY SEWER IMPROVEMENTS ASSOCIATED WITH CIP 247, 310, AND 302 WHEREAS, on February 28, 2023, the City of Oakley executed a Reimbursement Agreement with the Ironhouse Sanitary District (District) for the installation of a new 14- inch sanitary sewer forcemain as part of the East Cypress Road Widening Project, CIP 247. The original agreement amount of $566,500 covered all sanitary sewer pipeline installation costs for the first phase of the overall project, including associated traffic control and mobilization;
WHEREAS, over the last several years, the City has continued to pursue the design and construction of the second and third phase of East Cypress Road to complete the widening efforts for the entire segment between Knightsen Avenue to Bethel Island Road; WHEREAS, City staff have collaborated with the Ironhouse Sanitary District over several months to agree upon the cost of the District’s obligation for the sanitary sewer improvements. An amendment to the original Reimbursement Agreement is necessary to:

1. Reimburse the City for additional eligible costs incurred during Phase 1 (CIP 247); and

2. Expand the scope of reimbursement to include the District’s share of costs for the sanitary sewer improvements for Phase 2 (CIP 310) and Phase 3 (CIP 302).

WHEREAS, on October 7, 2025, the Ironhouse Sanitary District authorized the General Manager to execute the amendment to the reimbursement agreement to reimburse the City in an amount not to exceed $3,279,870;
BE IT RESOLVED by the City Council of the City of Oakley that the First Amendment to the Reimbursement Agreement is hereby approved for a reimbursement of the amount not to exceed $3,279,870, and allow the City Manager to execute the agreement. 261
Resolution No. XX-26 Page 2 of 2
PASSED AND ADOPTED by the City Council of the City of Oakley this 24th day of March 2026 by the following vote.

AYES:

NOES:

ABSTENTION:

ABSENT:

APPROVED:

Hugh Henderson, Mayor
ATTEST:
________
Kim Snodgrass, City Clerk Date
262

FIRST AMENDMENT TO THE

REIMBURSEMENT AGREEMENT

BETWEEN THE IRONHOUSE SANITARY DISTRICT

AND THE CITY OF OAKLEY

FOR THE EAST CYPRESS ROAD SEWER IMPROVEMENTS
This First Amendment (hereinafter, the “Amendment”) to the Reimbursement Agreement Between the Ironhouse Sanitary District, a California special district (“District”) and City of Oakley (“City”) effective as of the 24th day of March, 2026.

RECITALS
A. On February 28, 2023 District and City executed a Reimbursement Agreement for Capital Improvement Project (CIP) 247 East Cypress Road Widening Project which involve the widening of and construction of improvements to East Cypress Road between Knightsen Avenue and Jersey Island Road] (hereinafter referred to as the “Agreement”); and,
B. The City has expanded the East Cypress Road project to continue the roadway widening between Jersey Island Road to Bethel Island Road CIP 310 and 302; and, C. The Parties wish to amend the Agreement to amend the Agreement to account for the additional improvements.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, and incorporating the recitals set forth above City and Consultant mutually agree and covenant as follows:

I. The Agreement is hereby amended as follows:

1. Section 1, Scope of Work, is hereby deleted in its entirety and shall be amended to read as follows:

Parties agree that the Contractor, R&R Pacific Construction (“Contractor”), shall competently and efficiently install forcemain facilities for the District within East Cypress Road between Knightsen Avenue to Bethel Island Road CIP 247, 310, and 302 (“Work”), as set forth in construction documents for the project, the cover sheets of which is included in Exhibit “A,” attached hereto and incorporated herein, and that the District shall reimburse the City for all costs and expenses incurred in the Contractor’s performance of the Work. The District shall have the Work inspected by its own forces or by contract at its own cost and expense and shall make an inspector available at all times during the construction of the Work. The Work shall be completed to the reasonable satisfaction of the District.
263

2. Section 2, Contract Value, is hereby deleted in its entirety and shall be amended to read as follows:

The District’s total compensation for the Work performed under this Agreement shall not exceed $3,279,870, to be paid as: (1)  lump sum; (2) ☒ progress payments; (3)  per attached schedule of rates and charges, with a guaranteed not to exceed price of $3,279,870 (“Reimbursement”) outlined in Exhibit “B”. Said amount is an estimate for the Work. District shall be responsible for any additional costs related to the Work. Additional costs could include, but may not be limited to, increases due to further change orders, unforeseen underground conditions, claims for additional reimbursement from the Contractor, and stop notices filed by subcontractors. The City will consult with the District prior to incurring additional costs.

3. Section 15, Notices, shall be adjusted to reflect this change. Notices or other communications shall be addressed as follows:

To the City:

Billilee Saengchalern, Public Works Director
3231 Main Street
Oakley, CA 94561
925-625-7040
To the District:

Danea Gemmell, District Engineer
450 Walnut Meadows Drive
Oakley, CA 94561
925-518-3487
with a copy to:

Burke, Williams & Sorensen, LLP
1901 Harrison Street
Suite 900
Oakland, CA 94612
Attn: Leah Castella
Tel: (510) 273-8778
II. Except as provided herein, the terms used in this Amendment shall have the same meaning as the same terms have in the Agreement.

III. Except as specifically amended by this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. The Agreement and this Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement between the parties. In the event of any inconsistency between the Agreement and this Amendment, the terms of the Amendment shall prevail.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
264

DISTRICT
Ironhouse Sanitary District
By:
____________________________________
Jean-Marc Petit,
General Manager
CITY
City of Oakley, a municipal corporation
By:
________________________________
Joshua McMurray,
City Manager
Attest:
________________________________
Kim Snodgrass,
City Clerk
Approved as to Form:
________________________________
Derek P. Cole,
City Attorney
265

EXHIBIT A
CIP 247, CIP 310, and CIP 302
East Cypress Road Improvement Plan Cover Sheets
266
1-27-2023
68 267

E CYPRESS RD

CONTRA COSTA CANAL

JERSEY ISLAND RD

KNIGHTSEN AVE
BROADWAY ST ACD-T1
FUTURE

DEVELOPMENT

LIMITS OF WORK

PROJECT

LOCATION

CITY OF OAKLEY

EAST CYPRESS ROAD WIDENING AT CONTRA

COSTA WATER DISTRICT (CCWD) CANAL

CROSSING PROJECT
CIP PROJECT NO. 310

BID SUBMITTAL

CONTRA COSTA COUNTY

CANAL CROSSING PROJECT - ROADWAY WIDENING

CITY OF OAKLEY CALIFORNIA
CIP 310 - EAST CYPRESS ROAD WIDENING AT CCWD DATE:

SCALE:

DESIGN:

DRAWN:

APPROVED:

JOB NO:

REVISIONS NO.

DRAWING NUMBER:

OF 77
04/03/2025
AA
ET
DL
240017

CCWD CITY
NTS

ENGINEERING GENERAL NOTES
G1.0

COVER SHEET
1 KEY MAP

VICINITY MAP
CITY OF OAKLEY ACCEPTANCE OF PLANS:

CERTIFICATION OF PEER REVIEW:

ENGINEER OF RECORD:

GEOTECHNICAL ENGINEER:

DIABLO WATER DISTRICT ACCEPTANCE OF PLANS:DEVELOPER'S GEOTECHNICAL ENGINEER ACCEPTANCE OF PLANS:

IRONHOUSE SANITARY DISTRICT ACCEPTANCE OF PLANS:
for District Engineer 4/10/2025 4/21/2025
04/17/2025
268

LIMITS OF
WORK

VICINITY MAP

KEY MAP

TITLE SHEET AND GENERAL NOTES

EAST CYPRESS RD WIDENING FROM JERSEY

ISLAND RD TO BETHEL ISLAND RD
CITY OF OAKLEY CIVIL ENGINEER: GEOTECHNICAL/SOILS ENGINEER:

ENGINEERING GENERAL NOTES
C1.0
NO. REVISIONS BY APP DATE
DESIGNED UNDER THE DIRECTION OF:

ANOOP REDDY ADMALR.C.E. No. DESIGN: AN, TY, ET
DRAWN: AN, TY, ET
CHECKED: DL, AA
DATE: 06/17/2025DATE:
76008
DATE: 113
DRAWING NUMBER:
06/17/2025
CITY OF OAKLEY ACCEPTANCE OF PLANS:

CERTIFICATION OF PEER REVIEW:

ENGINEER OF RECORD:

GEOTECHNICAL ENGINEER:

CITY OF OAKLEY
CIP PROJECT NO. 302
1 PROJECT

LOCATION

LOWER SAND

CREEK BASIN

HAUL ROUTE PLAN
IRONHOUSE SANITARY DISTRICT ACCEPTANCE OF PLANS: DIABLO WATER DISTRICT ACCEPTANCE OF PLANS:

CITY OF OAKLEY ACCEPTANCE OF PLANS:

CERTIFICATION OF PEER REVIEW:

ENGINEER OF RECORD:
05/19/2025
269

EXHIBIT B
CIP 247, CIP 310, and CIP 302
East Cypress Road Sewer
Cost Matrix
270

STAFF REPORT
1 City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Derek P. Cole, City Attorney
CC: Conrad Fromme, Chief Building Official/Code Enforcement Manager SUBJECT: Modification to OMC 1.5.209 to match new contracted collection services for citations
Background
The City’s Code Enforcement Division had an existing contract with a 3rd party company, Pacific Credit Services, to provide collection services for citations issued by Code Enforcement that were unpaid after the payment due date. In 2025 the City changed these services to another 3rd party company, Data Ticket.

The company, Data Ticket, has a different process than Pacific Credit Services regarding accepting payment on behalf of the City and the handling of appeals to citations. The City citations have been modified to align with Data Ticket’s process, but the citation appeal process was different than the existing City ordinance.

The existing City ordinance regarding the payment of citations/civil fines did not include the language for payment information to Data Ticket. The proposed ordinance amendment would specifically include the payment process and method for citizens to reference.

The existing City ordinance regarding appeal time for citations referenced business days and Data Ticket uses calendar days. The proposed ordinance amendment would increase the amount of days a citizen has to appeal a citation, but reference calendar days instead of business days. This proposed amendment would also update the appeal process in regard to submitting appeals, appeal payments, fee waivers and the appeal process. The citation appeal process will still be consistent with State Law.

Anaylsis
Oakley Municipal Code section 1.5.209(a) is being modified to direct a citee to submit their appeal of a citation to the 3rd party collection service, Data Ticket, instead of submitting the appeal directly to the City offices.

Oakley Municipal Code section 1.5.209(b) is being modified from requiring the appeal to be submitted within ten (10) business days of the issuance date of the citation to twenty (20) calendar days. This section has also been modified requiring the citee to submit the appeal online with Data Ticket.

Approved and
Forwarded to the
City Council
271
City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Oakley Municipal Code section 1.5.209(c) is being modified from requiring a hardship waiver of the Advanced Deposit/Bail Fee to be submitted to the City within twenty (20) calendar days of the citation issuance date instead of ten (10) business days, if they cannot pay the fee. This section has also been modified to state the citee can obtain the hardship waiver from Data Ticket and shall submit the completed and signed waiver online to them.

Oakley Municipal Code section 1.5.210(a) is being modified to state that the appeal will be received online through Data Ticket instead of the City Clerk’s office.

Oakley Municipal Code section 1.5.210(f) is being modified to state if a citee wants to request a continuance of a hearing they need to submit the request online to Data Ticket at least forty-eight (48) hours prior to the hearing instead of submitting the request to the City Clerk’s office at least twenty-four (24) hours prior to the hearing.

Oakley Municipal Code section 1.5.210(g) is being modified to state that the appeal hearings will held via an online meeting style platform that the citee may attend on their own or at the City offices. This section also states they will be able to interact with the hearing officer and see all evidence.

Consistency with the Oakley Strategic Plan 27+
Approval of this modification to this ordinance is consistent with the Oakley Strategic Plan 27+ Community and Economic Development Goal to insure codes are enforced consistently throughout the City, maintaining safe and healthy neighborhoods within the City of Oakley.

Fiscal Impact
Adoption of this ordinance will not result in impacts to the General Fund.

Staff Recommendation
Staff recommends the City Council waive the first reading and introduce the proposed ordinance.

Attachments

1. Proposed Ordinance
272
Ordinance No. XX-26 Page 1 of 4
ORDINANCE NO. XX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING SECTIONS 1.5.209 AND 1.5.210 OF THE OAKLEY MUNICIPAL CODE

CONCERNING REQUESTS FOR ADMINISTRATIVE HEARINGS CHALLENGING

CITATIONS
THE CITY COUNCIL OF THE CITY OF OAKLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Sections 1.5.209 and 1.5.210 of Oakley Municipal Code are amended as follows:

1.5.209 Request for Administrative Hearing.
a. Any person receiving an administrative citation may contest it by filing a request for an Administrative Hearing, except that a hearing for a building violation may not be requested unless and until a Notice of Noncorrection is issued. To obtain a hearing, the citee shall file a written request for an appeal through the City’s online processing service, accessible through a web link provided at www.citationprocessingcenter.com, or by delivering the request through United States mail to the Citation Processing Center, P.O.

Box 7275, Newport Beach, California 92658-7575. The request for a hearing shall indicate the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation.
b. To be effective and complete, the request along with the Bail Fee which shall not exceed that of the citation amount must be submitted through or received by the online citation processing center within twenty (20) calendar days of the date the citation was issued. Upon receipt of the hearing request, Code Enforcement staff shall schedule an Administrative Hearing.
c. Any person who intends to request an Administrative Hearing and is financially unable to make the Bail Fee as required by this section, may file a request for a hardship waiver on a form provided by Citation Processing Center or Code Enforcement staff. i. The request for a hardship waiver shall be filed with the initial hearing request through the Citation Processing Center within twenty (20) calendar days of the date the citation was issued.
ii. The Director or designee may waive the requirement for a Bail Fee only if the citee submits to the Director or designee a signed, sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Director or designee the person’s actual financial inability to provide the Bail Fee in advance of the hearing. The person requesting the hardship waiver bears the 273
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burden of establishing by substantial evidence that he or she does not have the financial ability to make the Bail Fee.
iii. The Director shall either grant or deny the request within ten (10) regular business days of receipt of such request. If the Director denies the request for a hardship waiver, the Director shall issue a written decision on the request to the person requesting the waiver. The decision of the Director shall be final. A copy of the Director’s decision shall be mailed to the citee at the address provided in the request for the hardship waiver.
iv. If the request for a hardship waiver is denied, the citee shall submit the full Advance Deposit to the City within ten (10) regular business days after the date of the Director’s decision. If the request for a hardship waiver is granted, but the Administrative Citation is upheld by the Hearing Officer, the fine shall be due and payable within ten (10) working days after the date the Hearing Officer’s decision is issued.
d. The person requesting the Administrative Hearing may choose to file a written declaration with the Hearing Officer before the hearing or personally attend the hearing on the date and time specified by Citation Processing Center once the hearing request has been approved. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non-appearance by the citee shall constitute an abandonment of the request, unless the hearing was continued pursuant to Section 1.5.210(f).
e. Failure to request a hearing in accordance with the provisions of this Section shall constitute a waiver of rights to contest an administrative citation and the imposition of a fine.

1.5.210 Hearing Procedures.
a. The Administrative Hearing shall be conducted by a Hearing Officer not more than forty-five (45) regular business days after the City’s online processing center, Citation Processing Center, receives the request for Administrative Hearing, unless continued with the consent of the citee.
b. The Enforcement Officer shall ensure that the pertinent citation records are delivered to the Hearing Officer for a citation set for a hearing. The Enforcement Officer shall also make available to the citee before the hearing a copy of any additional reports concerning the citation that are provided to the Hearing Officer.
c. The citee shall be given the opportunity to testify and to present evidence relevant to financial hardship or the code violation specified in the citation. A parent or legal guardian of a citee who is a juvenile, under 18 years of age, shall accompany the citee. d. The citation and any other reports prepared by the Enforcement Officer, or at his or her request, concerning the code violation or attempted correction of the code violation that are provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the code violation and the facts stated in such documents. 274
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e. Neither the Enforcement Officer nor any other representative of the City shall be required to attend the hearing, nor shall the Hearing Officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the City on the violation. However, any such appearance and/or submission may be made at the discretion of the Enforcement Officer or any City employee or agent. f. The Hearing Officer may continue a hearing if a request is made showing good cause by the citee or a representative of the City. All continuance requests shall either: (i) be made in person at the hearing by the citee or his or her representative if the citee is physically unable to attend, or (ii) be made by a written request received by the City’s online processing center, Citation processing Center, at least 48 hours before the hearing date. If the continuance is granted, a new hearing date shall be scheduled to take place within 45 days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the citee is not present the request(s) shall be deemed abandoned in accordance with subsection h. below. The Hearing Officer’s decision is final and he or she shall either personally give the Notice of Decision to the citee or the representative if present at the end of the hearing or request that the notice be mailed by the Hearing Officer.
g. Hearings may be held via remote two-way audiovisual platforms so long as the platforms allow the citee to fully participate, interact with the Hearing Officer, see all City documentary evidence, and offer citee’s own documentary evidence for Hearing Officer consideration.

SECTION 2. California Environmental Quality Act (CEQA).

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

SECTION 3. Severability.

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

SECTION 4. Effective Date 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 275
Ordinance No. XX-26 Page 4 of 4
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.

PASSED AND ADOPTED by the City Council of the City of Oakley this day of 2026 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Hugh Henderson, 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
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STAFF REPORT

City of Oakley | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.ci.oakley.ca.us DATE: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Derek Cole, City Attorney
SUBJECT: Report Regarding City Council Salaries and Request for Direction, if any, to amend the Oakley Municipal Code Concerning the Same Background and Analysis
At the City Council’s January 23, 2024 regular meeting, this office introduced an ordinance proposing legislative changes to Oakley Municipal Code (“OMC”)

2.1.006—Compensation of City Council. Senate Bill 329 (“SB 329”), which became effective on January 1, 2024, increased the maximum amount of Council salary that can be approved by city ordinance based on different population thresholds.

The ordinance proposed increasing the salary of each member of the Council up to $1,275 per month (the maximum rate for City populations between 35,001 and 50,000). After deliberation, the Council authorized a salary increase of $800 per month. The City Council adopted the ordinance reflecting the salary increase at its February 13, 2024 regular meeting. The salary increase took effect beginning in the current Council term that began in December of 2024.

Limitations on Salary Increases
Future automatic increases in salary are not permitted. However, SB 329 allows councilmember salaries to be increased beyond the specified maximums by ordinance or an amendment to an ordinance. The increases shall not exceed the greater of the following:

1. 5 percent per calendar year since the last adjustment, which would raise the monthly salary to $8821; or

2. An amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (“CCPI”), which would raise the monthly salary to about $848.
2 1 The effective date of the current salary was determined to be January 2025. Because the salary increase would become effective for the next Council term, beginning in December 2026, two years of 5% adjustments were made to calculate this number.
2 This estimated amount was determined by a different inflation calendar by accessing the United States Bureau of Labor Statistics calculator at https://www.bls.gov/data/inflation_calculator.htm.

Approved and
Forwarded to the
City Council
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CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.CI.Oakley.CA.US When the City Council authorized the salary increase at its January 23, 2024 regular meeting, members indicated a preference for a 5 percent annual adjustment. The purpose of this report is to confirm the Council’s desire to amend OMC 2.1.006 with another salary increase, and if so, whether the Council prefers a 5 percent adjustment or an amount equal to inflation since January 1, 2024, based on the CCPI.

Open Session Requirement
If the City Council authorizes an increase in the City Council salary, special procedures apply beyond those that apply go general City ordinances. To comply with SB 329, the City Council must discuss any proposed ordinance, or amendment to an ordinance, to increase compensation in an open session with at least two regular meetings:

1. First Meeting: At the first meeting, the City must present the proposed ordinance with findings demonstrating the need for increased compensation.

2. Second Meeting: At least seven days after the first meeting, the City Council must hold a second meeting to consider adopting the ordinance.

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

Fiscal Impact
If the City Council authorizes salary increases, there would be additional annual costs associated with councilmember salaries. The potential increases would depend on whether the Council authorizes salary increases and the amount of the increases authorized.

Staff Recommendation
The City Attorney requests that the City Council provide direction as to whether it requests that this office prepare an amendment to OMC 2.1.006—Compensation of City Council. If so, this Office also requests the Council provide direction as to whether it requests a 5 percent annual adjustment or an annual inflation adjustment based on the CCPI.

Inflation was calculated from January 2024 to February 2026 (the last month for which inflation date was available at the time of the calculation). The specific number was $847.64. 278

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
DATE: March 24, 2026
TO: Joshua McMurray, City Manager
FROM: Evan Gorman, Associate Planner
SUBJECT: 5801 Bridgehead Road Preliminary General Plan Amendment (PA 2026-001) - Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 4.31-acre site from Commercial (“CO”) to Light Industrial (“LI”).

Summary
This is a work session on a request by Loewke Planning Associates (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of a 4.31-acre parcel at 5801 Bridgehead Road, from Commercial (“CO”) to Light Industrial (“LI”). The property was previously used as a contractor’s yard. The property owner seeks a change to light industrial to meet perceived demand for those land uses. The parcel is zoned C (General Commercial) District.

APN: 051-052-049.

Figure 1 – Project Site
Land Use Background
In California, every property is guided by three interconnected land use frameworks.

At the broadest level, the General Plan land use designation establishes a city’s Approved and
Forwarded to the
City Council
279

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 2
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
long-range vision for how land should be used, such as: residential, commercial, industrial, or open space. A property is then assigned a more detailed zoning designation, which regulates specific development standards like building height, setbacks, and permitted uses consistent with the General Plan. Finally, when a business occupies a building, it must also comply with the building occupancy classification under the California Building Code, which ensures that the type of activity inside the structure, whether manufacturing, storage, office, or retail—meets safety and construction requirements. Together, these layers determine not only what can be built on a site, but also how the building can be used once constructed.

Many properties in Oakley were developed under Contra Costa County’s General Plan and Zoning requirements before the City's incorporation. When Oakley was incorporated, it established its own General Plan and Zoning Designations. While some matched the previous county designations, others were more visionary, creating situations where properties must either strictly adhere to their existing operations or redevelop. Alternatively, property owners can apply to change their land use designations. The applicant here has submitted this application to publicly discuss this as a future option.

Preliminary General Plan Amendment Process
The process of amending the City of Oakley 2020 General Plan ("General Plan") is subject to California Government Code ("GC") Sections 65350 - 65362, which apply to the preparation, adoption and amending of general plans and general plan elements.

The application process for a General Plan Land Use Amendment can come with significant costs when factoring in the Staff time involved in preparing documents, conducting analyses, holding public meetings, hiring consultants for technical and environmental studies and documents, and consulting with outside agencies. Since a General Plan Land Use Amendment is a legislative and discretionary action that sets the tone for all other land use decisions on a property, Staff encourages potential applicants to first file a Preliminary General Plan Amendment, or "PGPA." The purpose of the PGPA is to allow Staff to provide a brief description of the proposed amendment and provide a concept of the result of the land use change, as submitted by the applicant, to the City Council and Planning Commission. The applicant is provided a chance to present the request and provide additional insight on the background of their request.

EXISTING GENERAL PLAN AND ZONING DESIGNATION
The General Plan Land Use Designation for the project site is Commercial (“CO”). This designation provides for neighborhood, community, and regional-serving retail and service uses; limited office uses; restaurants; service stations; highway-oriented and 280

STAFF REPORT
CITY HALL | 3231 Main Street, Oakley, CA 94561 3
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
visitor-serving commercial and lodging; auto-serving and heavy commercial uses; public and semi-public uses; public gathering facilities, and similar and compatible uses.

The site is zoned C (General Commercial) District. The purpose of the C District is to create and maintain major commercial centers accommodating a broad range of commercial uses of community-wide or regional significance typically found adjacent to or along major travel corridors, such as Main Street, O’Hara Avenue, Laurel Road and Empire Avenue. Typical uses will vary widely in size and purpose and include performance of services, large-scale grocery and convenience stores, professional offices, restaurants, laundry facilities, and other uses of similar character and impacts.

PROPOSED LAND USE DESIGNATION
The General Plan Land Use Designation proposed for discussion by the applicant is Light Industrial (LI) – This designation provides for limited fabrication, manufacturing, processing, packaging and assembling uses; wholesale, distribution, warehousing and storage uses; vehicle and machinery repair; research and development; industrial parks; public/semi-public uses and similar and compatible uses. Heavy industrial uses emit significant amounts of smoke, noise, light and/or pollutants are not allowed. Uses that are incompatible with residential uses due to noise, vibration, or other characteristics are not permitted in locations that may impact existing or future residential development.

The LI General Plan land use designation is intended to implement the corresponding LI zoning district. It is important to note that the LI zoning district permits not only light industrial uses, but also most commercial uses that are allowed in the City’s commercial zoning districts, such as the subject property’s existing C District designation.

PROJECT SITE
The project site is a 4.31-acre, currently vacant parcel that historically functioned as a contractor’s storage yard and was initially developed after 1978. Existing conditions consist primarily of bare soil and a non-potable water well. The site is fully fenced and is accessed from a single driveway connection to Bridgehead Road.

Vegetation on-site is limited, with only a few scattered trees. The property is bordered by the Sandy Point Mobile Home Park to the south, State Route 160 to the west, the BNSF railway and a PG&E corporation yard to the north, and vineyards to the east across Bridgehead Road.
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CITY HALL | 3231 Main Street, Oakley, CA 94561 4
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Figure 2 – Streetview of Project Site (before it was cleared) This area of Oakley has been planned primarily for a mix of commercial and industrial uses under the City’s General Plan. Several large parcels north of the railway tracks are designated Light Industrial, largely due to the Oakley Logistics Center. Additional parcels are designated Utilities, and three parcels are designated Business Park. Staff also notes that a separate application has been recently approved to change the General Plan land use designation of the large property east of the project site across Bridgehead Road to Light Industrial.

Figure 3 – Existing and Proposed General Plan Land Use Designations (Red is Commercial, light blue is Light Industrial)

APPLICATION PURPOSE
The applicant indicates that demand for uses consistent with the current General Plan designation has been limited. Accordingly, the applicant is seeking preliminary City input on a potential amendment to a Light Industrial designation as an alternative land use framework for the site.
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CITY HALL | 3231 Main Street, Oakley, CA 94561 5
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov

PLANNING COMMISSION PUBLIC HEARING
On February 3, 2026, a work session on this item was held by the Planning Commission. The role of the Planning Commission was to receive the Staff Report from Staff, in addition to public testimony from the applicant, the public, and any interested parties. Additionally, the Commission was to provide feedback on the preliminary proposal, which would then be passed on to the City Council. The Planning Commission generally expressed support for the land use designation change, with two commissioners clarifying that they’d prefer to see the full application come in with a development proposal and not just a general plan amendment. No residents or other interested parties spoke on the item or provided written comments.

Assessment
Amending the General Plan designation to Light Industrial would make a rezone application to the LI (Light Industrial) District possible, which would then authorize uses permitted in the LI District (Attachment 3), subject to zoning ordinance regulations. The LI District allows a range of uses such as auto repair, contractor yards, warehouses, and light-manufacturing - while more intensive or potentially impactful activities (e.g., storage without retail, large recycling, boat storage, certain marine-related industries, and uses generating notable dust, fumes, noise, vibration, or bright light) may be permitted only with approval of a conditional use permit.

The LI district also permits many of the same uses found in the City’s commercial zones. Uses permitted without a conditional use permit in the Retail Business (RB) district can be established in the LI District. While uses currently permitted in the C (General Commercial) District (Attachment 4) are permitted with the approval of a Conditional Use Permit. Any new development, whether commercial or light industrial, would be subject to current code requirements and would involve substantial site improvements. Future development will also receive environmental review in accordance with the California Environmental Quality Act (CEQA).

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

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

Fiscal Impact
There is no fiscal impact. This is an applicant funded account. All Staff time and City of Oakley generated materials are charged to the account. 283

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CITY HALL | 3231 Main Street, Oakley, CA 94561 6
O (925) 625-7000 | F (925) 625-9859 | www.oakleyca.gov
Requested City Council Feedback
This is an advisory work session only. There is no process to approve a project because of this work session. The City Council is requested to provide feedback to the applicant on the Preliminary General Plan Amendment. Examples of such feedback may include, but not be limited to, comments on the preliminary land use designation proposed and whether there is interest in considering an application for the requested change.

Attachments

1. Vicinity Map

2. Notice of Work Session

3. Uses Permitted in the LI (Light Industrial) District

4. Uses Permitted in C (General Commercial) District

5. Existing and Proposed Land Use Designations
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Vicinity Map
5801 Bridgehead Road Preliminary General Plan Amendment (PA 2026-001) APN: 051-052-049
285

NOTICE OF WORK SESSION
Notice is hereby given that on March 24, 2026, at 6:30 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Oakley will hold a Work Session at the Council Chambers located at 3231 Main Street, Oakley, CA 94561 for the purposes of considering the application described below:

Project Name: 5801 Bridgehead Road Preliminary General Plan Amendment (PA 2026-001) Project Location: 5801 Bridgehead Road, Oakley, CA 94561 APN 051-052-049 Applicant: Mike Loewke, on behalf of Loewke Planning Associates, 11323 Pinevalley Drive, Franktown, CO 80116, [email protected]
Request: Work session on a request by Loewke Planning Associates (“Applicant”) to discuss the merits of a potential project to amend the General Plan Land Use Designation of a 4.31 acre parcel at 5801 Bridgehead Road, from Commercial (“CO”) to Light Industrial (“LI”). The property was previously used as a contractor’s yard. The property owner seeks a change to light industrial to meet perceived demand for those land uses. The parcel is zoned C (General Commercial District). APN 051-052-049,
How to Review: The Staff Report and its attachments will be available for public review, on or before March 19, 2026, at City Hall, 3231 Main Street, Oakley, CA 94561 or online at www.ci.oakley.ca.us/agendas-minutes-videos-archive/ by navigating to the March 24, 2026, City Council agenda and clicking the project title link. Interested persons are invited to submit written comments prior to and may testify at the work session. Written comments may be submitted to Evan Gorman, Associate Planner at the City of Oakley, 3231 Main Street, Oakley, CA 94561 or by email to [email protected].

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Oakley City Clerk at, or prior to, the Public Hearing. 286
Uses Permitted in the LI (Light Industrial) District
b. Permitted Uses. Uses permitted in the L-I district shall be as follows:

1. Auto garage that includes body repair and painting;

2. Building Contractor’s Yard;

3. Furniture Manufacturing;

4. Industrial uses which do not necessarily require or use steam generated on the premises as a prime power for the manufacturing process carried on, or extensive loading docks or similar facilities for the receiving or shipment of raw, semi-finished or finished products;

5. Lumber Yard;

6. Pest Control Company;

7. Uses Permitted in Retail Business Districts;

8. Warehouse.
c. Uses Requiring a Conditional Use Permit. In the LI district, the following uses are permitted on the issuance of a conditional use permit:

1. Adult entertainment business shall be conditionally permitted in the Light Industrial zoning district only if location is in full compliance with distance restrictions established herein by Section 6-G-1.4.

2. Commercial Dog Kennel;

3. Industry, Marine-related;

4. Large-scale Boat Storage Facilities;

5. Mini-storage Facility;

6. Recycling – Large Facility;

7. Retail Sales, combined with wholesale facilities;

8. Sheet Metal Shop;
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9. Solid Waste Landfill;

10. Solid Waste Transfer Station;

11. Transit-mix Plants;

12. Uses which emit dust, smoke, fumes, noise/vibration, or brilliant light, or are otherwise offensive to the senses or are of a kind of quality that their operation interferes with development or enjoyment of other property in the vicinity; uses included within the meaning of this proviso include, but are not limited to, asphalt plants, food processing plants, wineries, breweries, and other similar uses;

13. Uses Permitted in Agricultural Limited District; and

14. Uses Permitted in General Commercial Districts.
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Uses Permitted in C (General Commercial) District
b. Permitted Uses. The following uses, or uses determined to be similar by the Community Development Director, are allowed in the C District:
1) Retail stores, including:
a) Auto parts;
b) Clothing;
c) Grocery;
d) Household goods;
e) Garden nursery;
f) Sporting goods; and
g) Other similar retail uses;
2) Retail sales in conjunction with wholesale activities; 3) Indoor recreation and health/fitness clubs;
4) Offices (medical, dental, professional);
5) Restaurants;
6) Hotels/motels;
7) Banks, financial institutions;
8) Studios, including dance studios, martial arts studios, and other class-oriented training facilities;
9) Assembly, public/private with less than one hundred (100) seats; 10) Automobile/boat/motorcycle sales with showroom only (new and used); 11) Bakery/deli, retail (including cafes and coffee shops); 12) Light manufacturing without heavy equipment (PS-1); 13) Equipment rental/sales (PS-1);
14) Copy and reproduction storefronts;
15) Veterinary hospitals;
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16) Dry cleaner, drop off/pick up only (no onsite cleaning service); and 17) Uses permitted in the RB District;
18) Low barrier navigation center;
19) One hundred percent (100%) affordable housing developments with supportive housing units.
c. Uses Requiring a Conditional Use Permit. In the C District, the following uses are permitted after the issuance of a conditional use permit:
1) Assembly, public/private with one hundred (100) or more seats; 2) Automobile/boat/motorcycle sales with outside inventory (new and used); 3) Bar, lounge, nightclub or restaurant with full bar;
4) College campus;
5) Community center – Public or private;
6) Golf course or range;
7) Gun, rifle range;
8) Helicopter pad – Emergency;
9) Hospitals;
10) Recreational vehicle or mobile home sales yard;
11) Recreation, outdoor;
12) Wine tasting rooms in conjunction with a retail use; 13) Boat and recreational vehicle outdoor storage when combined with retail storefronts; and
14) Uses requiring a conditional use permit in the RB District. d. Accessory/Ancillary Uses. Uses that are permitted when accessory or ancillary to an approved use.
1) ATM machines when part of a main building with an established commercial use; 2) Recycling – Mobile center (PS-2);
3) Recycling – Reverse vending (PS-2);
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4) Recycling – Small collection facility (PS-2); and
5) Temporary sales or construction trailer.

Uses permitted in the Retail Business zone are also permitted in General Commercial b. Permitted Uses. The following uses, or uses determined to be similar by the Community Development Director, are permitted in the RB district:

1. Accounting and Financial Planning Offices (not including check-cashing business);

2. Antique Store;

3. Architectural And Engineering Offices;

4. Art And Art Supplies Store;

5. Artist’s Studio;

6. Automobile Parts Store;

7. Bakery;

8. Banks and Financial Institutions;

9. Barber Or Beauty Shop;

10. Bicycle Shop;

11. Bookstore;

12. Camera Store;

13. Candy, Nut, And Confectionery Stores;

14. Card Shop;

15. Carpet/Drapery Store;

16. Catering Facility;

17. Chiropractic and Acupuncture Offices;

18. Clothing Store;

19. Coffee/Espresso Shop;

20. Consignment Store;

21. Convenience Market;
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22. Copying Or Reproduction Facility;

23. Dance Studio;

24. Delicatessen;

25. Fabric Store;

26. Floral Shop;

27. Furniture Store;

28. Garden Supplies Store;

29. Gift Shop;

30. Insurance And Real Estate Offices;

31. Jewelry Store;

32. Locksmith Shop;

33. Mailing Or Facsimile Service;

34. Martial Arts Studio;

35. Medical And Dental Offices;

36. Music Studio;

37. Music Store;

38. Nail Salon;

39. Notary Public (with or without formal law offices);

40. Nursery (Horticulture);

41. Paint/wallpaper store;

42. Palm reading service;

43. Parking facilities, (ancillary to a principle use);

44. Pet Store;

45. Photography Studio;

46. Plumbing and heating store;

47. Professional Offices
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48. Restaurant;

49. Shoe Repair Shop;

50. Sidewalk Cafe, (including outdoor dining);

51. Small-Appliance Store;

52. Sporting Goods Store;

53. Stationary Store;

54. Suntan Parlor;

55. Supermarket;

56. Tailor/seamstress Shop;

57. Toy Store;

58. Travel and Airline Agency Offices;

59. Video Sales and Rental Store;

60. Low Barrier Navigation Center;

61. One Hundred Percent (100%) Affordable Housing Developments With Supportive Housing Units.
c. Uses Requiring a Conditional Use Permit. In the RB district the following uses are permitted after the issuance of a conditional use permit:

1. Ambulance Service;

2. Animal Grooming Service;

3. Animal Hospital;

4. Appliance Service and repair shop. (Not ancillary to a primary use);

5. Automotive Repair;

6. Banquet Hall;

7. Car Rental Agency;

8. Child Care Center;

9. Drive-thru Restaurants and Services;

10. Dry Cleaner/laundry;
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11. Educational facility including small (generally less than 2,000 square feet) designed to augment the learning process of elementary and secondary students;

12. Gasoline Service Station;

13. Health and Fitness Club;

14. Dog Kennel;

15. Hotels and Motels;

16. Liquor Store

17. Mixed Use (multifamily residential in conjunction with commercial)

18. Other retail businesses where the sales, demonstrations, displays, services and other activities, are conducted other than in an enclosed building abutting a residential district;

19. Parking Facilities, (as a principle use);

20. Recycling Small Collection Facility;

21. Recreational Facility;

22. Assembly uses with 100 seats or less.
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Existing Proposed
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Oakley City CouncilMarch 24, 2026

Oakley City Council
March 24, 2026