Jan 11, 2022 - 06:27 PM

Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority held January 11, 2022 1) OPENING MATTERS 1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority Mayor Randy Pope called the meeting to order at 6:30 p.m. in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California. Vice Mayor Aaron Meadows and Councilmembers Anissa Williams, George Fuller and Sue Higgins were in attendance. 1.2 Pledge of Allegiance to the Flag Mayor Pope led Pledge of Allegiance to the Flag. 1.3 Proclamation Recognizing January 23-29, 2022 as School Choice Week Mayor Pope read the proclamation into the record. 1.4 Proclamation Recognizing January as Human Trafficking Awareness Month (Claudia Gonzalez, Contra Costa Alliance to End Abuse) On behalf of the City Council, Mayor Pope presented the proclamation to Claudia Gonzalez with Contra Costa Alliance to End Abuse. Ms. Gonzalez thanked the Council for acknowledging human trafficking. She mentioned there is an upcoming meeting and additional information on their website, https://www.contracostacoalition.org, for events, training, or to learn more. 2) PUBLIC COMMENTS Randi Adler commented she noticed that agendas are not on NextDoor but should be so residents can take an active role in their community. She mentioned when she moved here 10 years ago, her neighborhood was not recognized by the City and should be. She commented the millennials are lost; they have no idea what finances are about because it is not taught in schools so they have no clue how to be on their own, but parents want them to be on their own and be able to take care of themselves. She expressed she believes the Mayor should be elected by the voters rather than people newly elected by Council who are new to what they are doing.

Mayor Pope commented if the Council concurs, staff can add agendas to social media. Mayor Pope called on Diane Merritt and asked if she wished to speak. There was no response. He indicated the Council received two general public comments in writing that will be reflected on the record. 3) CONSENT CALENDAR 3.1 Fiscal Year (FY) 2021/22 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) 3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Councilmember Fuller inquired if the action the Council is taking is to accept item 1.3. Mayor Pope confirmed that is correct. It was moved by Vice Mayor Meadows and seconded by Councilmember Williams to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS 4.1 City of Oakley Focused General Plan Update (GPA 01-20) – Adoption of a Negative Declaration and an amendment to the City of Oakley General Plan to bring it into compliance with state requirements related to environmental justice, mobility, and climate change and adaptation. (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report and opened a PowerPoint presentation. Beth Thompson, Principal with DeNovo Planning Group, mentioned she is the project lead and will be presenting. Beth Thompson discussed the project description, the General Plan, consulting services, background, a project summary, land use element amendments, circulation element amendments, growth management element amendments, economic development element amendments, open space and conservation element amendments, parks and recreation element amendments, community health and safety element amendments, noise element amendments, other changes, and CEQA compliance.

Councilmember Fuller asked Mr. Strelo to explain the Downtown for him in terms of density and housing. He mentioned his understanding is there are 42 units per acre and there are over 100 acres there. He inquired how it would be developed, how it came about, and the intent what to do with it. Mr. Strelo responded the map they are seeing is from the Downtown Specific Plan and it constitutes what is the Downtown Specific Area Plan or land-use map for lack of a better term. He explained there are 3 sub areas; orange for the Downtown core and has the most intense uses, the Downtown support area has similar types of uses but with conditions on where residential can be located, and RCCO which is residential with allowance of commercial conversion for low- traffic generating commercial uses. He mentioned it would allow for multi-family development. Councilmember Fuller inquired what the density is for orange, gold and yellow. City Manager Joshua McMurray responded that orange core area allows for up to 45 dwelling units per acre, the gold support area allows for up to 24 dwelling units per acre, and the yellow residential conversion opportunity area allows for 16.7 dwelling units per acre. He mentioned densities are set in the Downtown Specific Plan, the General Plan is more general in that it defines the land use and boundary of that land use, and the Downtown Specific Plan further defines it; it gives development standards, densities, intensities, use allowances, and development standards specific to uses over and above what the City’s Municipal Code allows. Councilmember Fuller asked him to go over the density again for the orange and gold. Mr. McMurray inquired if he means the gold support area or conversion area. Councilmember Fuller responded from Main Street and Hwy 4 to Ruby going West to Vintage Parkway, the density within the orange triangle. Mr. McMurray responded it is up to 45 dwelling units per acre. Councilmember Fuller inquired about the gold. Mr. McMurray responded it is 24 dwelling units per acre. Councilmember Fuller inquired when the Specific Plan was approved. Mr. Strelo responded he recalls it was approved in 2012. Mr. McMurray responded it was approved in 2010 and updated in 2017.

Mr. Strelo commented the General Plan amendment doesn’t have any bearing on the Downtown Specific Plan so it would not change allowable densities in the City of General Plan. Councilmember Fuller commented his understanding is if they do not approve this, the Specific Plan can be brought back and redesigned. Mr. Strelo responded it would if the Council desires. Councilmember Fuller mentioned is a developer wants to build affordable housing and submits a plan for 42 dwelling units per acre, the City would be obligated to issue a permit and allow the developer to build. Mr. McMurray responded that the state has made it that way and a developer would have ability to build an affordable project in the Downtown. Councilmember Fuller inquired why it was passed the way it was in 2010. He mentioned they did not have that obligation then; a developer could have built at market rate. Mr. McMurray responded that the density bonus provisions in state law have been around for some time, therefore he believes even in 2010, a qualifying affordable project would have been permitted. Councilmember Fuller responded that affordable projects marginalizes low- income individuals by placing them all in one area and in the process they bring about more demand for services in area because of congestion and need for increased fire and police to serve the population. He indicated the City would lose a lot of latitude. Mayor Pope reminded Councilmember Fuller he asked for questions only during this time to the update. Councilmember Fuller responded that all he has been asking are questions. He inquired how they are going to provide services if they go ahead with this type of plan. Mayor Pope commented he is not sure if that is a fair question for staff and mentioned staff should not have to answer. Councilmember Fuller indicated this is going to go on for a year. He asked how the City will provide services there in terms of funding. Mayor Pope asked him to be more specific. He mentioned he should ask a question staff can answer.

Councilmember Fuller commented he thinks staff can answer it but he doesn’t think Mayor Pope wants them to answer it. Ms. Thompson responded that they are talking about a focused General Plan update so there are no changes to the Downtown Specific Plan, there are no changes to land use designations, they don’t increase the density or intensity of land uses through this exercise, and there is no detail infrastructure analysis because there is no change or increase of development potential with this project and how it resides in the General Plan. Councilmember Fuller commented that this project is under new laws; in 2010 it was not the same as in 2021; they are running a different type of project. He mentioned he has been here enough and he can tell by Mayor Pope’s demeanor that if you vote for something it will go in whether you want it or not. He shared he in inclined not to vote for Downtown projects like this because the City is not prepared financially to provide services there. He explained they were prepared to provide at market rates, but now that law has changed to allow for affordable housing, he wants to know from staff if the City can afford to provide services. He explained if the answer is no, he does not think they should go ahead and they can’t bifurcate the General Plan from the Downtown. City Attorney Derek Cole commented he is struggling to understand the issue regarding designations for the Downtown Specific Plan. He mentioned if the Council takes this action tonight, if he understands his question, he wants to know if it makes it difficult or interferes with the City providing municipal services to the Downtown area. Councilmember Fuller commented that everyone is saying it is the same, but it is not; if approved, they are now under a legal obligation for affordable housing and he doesn’t want to just say okay. He inquired if they can bifurcate out the Downtown area from the General Plan because he doesn’t believe the City can deliver services it thought it could deliver in 2010. Mr. Cole responded that they would have a segmenting problem with CEQA which requires looking at the project as a whole. He mentioned he hears they are not changing designations so he doesn’t know any action tonight would have any effect on the City’s ability to provide services. He mentioned people still have to pay impact fees, they are not developing for free, they have an obligation to provide fees and pay other charges-they don’t go away, but he believes the City still has ability to provide services even if the Council’s authority to limit or say no to development doesn’t exist. Councilmember Fuller mentioned there was mention of aquifers. He shared there is an aquifer in San Gabriel with people living on top of it and comments have been submitted that no house should be built on top of it.

Ms. Thompson explained that it would be very difficult to not build housing on aquifers because aquifers underlie many areas of cities; they are water below the surface of the earth. She shared that the situation in San Gabriel is a 44 square mile are affected by industrial contaminants and an area identified for clean-up as they have a huge number of people living on top of the aquifer in housing constructed above it. Councilmember Fuller commented the aquifer is being cleaned. He inquired why it was polluted. Mayor Pope commented he is not sure how this is related to Oakley Focused General Plan update. Councilmember Fuller commented Mayor Pope is going to do this for a year and that is fine, but he expects to hear an answer. Mayor Pope commented it has nothing to do with the Oakley General Plan update. He indicated to Ms. Thompson she does not have to answer, but if she would so they can move on, he would appreciate it. Ms. Thompson mentioned the update tonight addresses groundwater quality in the conservation and management elements; it will be reviewed and considered as projects are approved. Councilmember Fuller inquired if it is being cleaned up. Ms. Thompson explained that a General Plan is not the mechanism in in which clean-up occurs. She shared there is a groundwater sustainability management agency that is addressed in the General Plan. She mentioned the Department of Toxic Substance Control and the EPA would work together regarding clean-up of contaminated areas. She shared there are 35 open cases in their aquifer. Mayor Pope inquired if that aquifer is under Oakley or the Central Valley. Ms. Thompson responded it is the East Contra Costa sub-basin which underlies Oakley. Councilmember Fuller commented they can’t talk about that though because Mayor Pope said so. Mayor Pope inquired if Councilmember Fuller is done because 4 other Councilmembers would like to have an opportunity to ask questions. Councilmember Williams mentioned she had questions regarding any changes to classifications to the Downtown which were asked and answered. She expressed appreciation of incorporation of feedback from the various agencies. She inquired if Ms. Thompson can go through the changes incorporated and those not.

Ms. Thompson mentioned there were comments regarding the CEQA process and that an EIR should have been prepared because they identified a number of changes on the roadway and in land use. She also mentioned comments on Laurel Road and the update has no effect on that. She also mentioned there is one small change with land use from business professional to light industrial and it currently exists, but it is just being refined; it does not increase intensity or density. She mentioned there were comments on CEQA in regard to policies in the negative declaration. She explained for the benefit of the reader, CEQA doesn’t rely on policies and programs to mitigate impacts as there were no potentially significant impacts. She mentioned they were listed so the reader could understand how the City is further reducing those impacts. She mentioned changes were made where warranted and appropriate and where changes that would create an undue burden on the City beyond the scope of the General Plan are not recommended, but changes can be made. She mentioned there were a number of changes to further address sea level rise in response to comments, one of which indicated they didn’t understand the difference between a 100-year flood event and sea level rise. She explained the General Plan update document shows sea level rise conditions under multiple scenarios and shows those under 100-year flood level conditions so Oakley is more protected. She shared there were also changes to the mobility element to enhance bicycle and pedestrian modes of travel to further support reductions in VMT and to the Air Quality and Greenhouse Gas Emissions section to reduce such emissions. She mentioned refinements were made to address groundwater quality, flooding and drainage, sea level rise and transportation. Mayor Pope mentioned there was a comment regarding having the negative declaration under a separate agenda item and asked if the City Attorney can address that. City Attorney Derek Cole explained the way they format their agenda item is they provide an agenda description and then they provide a list of actions to be taken. He mentioned in the original agenda, they included that they would be taking action on a Notice of Intent to adopt a negative declaration in the original agenda so they did originally comply with the Brown Act, but in an abundance of caution, they took the top language after “4.4” and added the words in. He mentioned he agrees with the commenter regarding case law, and agrees with the CEQA requirement, but believes the City was initially in compliance; they simply changed the top language to be more clear. Mayor Pope commented the agenda has the CEQA/negative declaration language on the agenda. Mr. Cole commented he appreciates it being brought to their attention and they can always do better to be clearer. He added they were within 72 hours to make the amendment.

Mayor Pope opened the public hearing. Online Public Comments Mayor Pope announced online comments were submitted by Dan Muelrath and Chris Lauritzen. Public Comment Cards Liz Elias commented she does not believe they found any reason to do a new EIR because they didn’t want to find it; it emphasizes their intent to go forward with their plan instead of making a better Oakley. She mentioned there are science deniers on the Council and they shouldn’t be on a decision-making body. She indicated 3 new Councilmembers were voted in because the citizens were tired of business as usual and the Council is still ignoring what the populous wants. She mentioned a recall. She expressed concern that the City says it wants public input, but solicitation wasn’t an honest try, the website is not user- friendly and is designed to make it difficult to find things, surveys garner so few responses that they are statistical zeros, and the City keeps going with same procedure so it doesn’t want better participation. She also added that the Council is ignoring the spirit of the law, they have already made up their minds, public input has no effect on the final vote, and the Council caters to developers rather than considering what is best for Oakley residents which is not fast-food, gas stations, storage lockers or hundreds of tract homes in environmentally sensitive areas they refuse to acknowledge as such. She expressed it is imperative that the Council reject the negative declaration. Randi Adler commented she thinks the Councilmembers are all disgusting. She mentioned Mayor Pope shouldn’t have anything to say when Councilmember Fuller is speaking just like the public may not be interrupted when speaking. She shared that the City has catered to low-income more than once and they are doing it again, but there is not enough Police or Fire as fire stations and things keep closing that are important to the public. She commented that when the City was doing construction at Cypress and Main, it closed the auto parts store during Christmas. She mentioned the Council doesn’t care what people want and never did; it is off in its own world deciding what is good for the public. She mentioned there is enough crime in the city that they can’t handle and the government is afraid to let people know what is going on such as why the Chief of Police was fired. She expressed they are disgusting and if they want to deal with the public, they will have to deal with her and she is a pain in the ass. Mayor Pope closed the public hearing and called for deliberation. Councilmember Higgins commented there are three sections of the General Plan. She inquired if an EIR is not being done because they are not opening the whole plan.

Mr. Strelo explained that three different Senate bills are being addressed. He mentioned there are options; they could have added a single element to the General Plan and addressed all of these issues. He shared that during the 4 or 5 workshops with the Council including 2 envisioning workshops with the public it came out that rather than do a single element it would be better to look at all of the updates for the General Plan together to ensure internal consistency within the document for these updates. He mentioned the updates are bringing the General Plan into compliance with these 3 Senate bills. He expressed they are strengthening the General Plan to put it into better compliance with state law; they are not adding any development, densities or additional allowances. He mentioned it is more strict and more environmentally tuned. He explained that is why when looking at the initial study, they are not proposing any new development with these so there are no impacts and that is why a negative declaration has been found instead of a mitigated negative declaration. He mentioned in order for an EIR to have been found, they would have had to do an initial study, found that there were significant impacts from updating the General Plan to comply with state law, found that those impacts could not be mitigated, disclose those impacts and then adopt it anyways because that is what an EIR does; it discloses impacts, makes a finding the impact is allowed, and you move forward. He mentioned a negative declaration is not something that is decided on prior to a project. He shared sometimes through experience you can kind of predict what will come about after an initial study, but the initial study has questions that are answered, thresholds put in place, and the consultant goes through and does a check box. He explained if no significant impacts are found, that determines what type of document is done which in this case is a negative declaration. Councilmember Higgins commented if they are saying okay to this, they are updating three areas of the plan, a small update, and she is okay with that. Councilmember Fuller commented that Mr. Strelo has demonstrated in his opinion to be an expert and his responses fit well. He mentioned what weighs heavily in the General Plan is a scholarly document that provides what the impact of each are. He mentioned responses and items were sent in and there are a number of items listed, but no scientific information or citations why it is needed. He commented he appreciates it doesn’t have further impact. He mentioned they need to be cognizant and on top of things like aquifers in Southern California and should be worried when people say they can’t build houses in a location. He mentioned people commented they had not come to meetings because they were being bullied by the City Manager and with Mayor Pope’s response tonight, he can see why there would be trepidation and fear of coming. He mentioned it was open for public review for over a month and expressed it weighs heavily on his heart that people were afraid to come to the Strategic Plan meeting. He shared he will vote for the General Plan if they bifurcate out the Downtown because he doesn’t like the way the Downtown is arranged. He mentioned the

Specific Plan needs to come back again and they need to look at the impact on services with changes in the law. Mr. Strelo responded that the commercial Downtown land use designation in the General Plan doesn’t have a density allowance; density is established in the Downtown Specific Plan, not the General Plan, so they would not be reinforcing those densities. Councilmember Williams inquired if acceptance of this would exempt any future developments from doing environmental studies and impacts. Mr. Strelo responded that each project is still analyzed under CEQA on its own merits. Councilmember Williams commented that the negative declaration is only for this amendment. Mr. Strelo confirmed it is for these updates to bring it into compliance with state law. Vice Mayor Meadows requested the population number be updated. Mayor Pope inquired if the number should come from the latest Census. Vice Mayor Meadows commented that is what he would use, but he is not telling staff where to get it. He mentioned 32,000 was used. It was moved by Councilmember Fuller to adopt the negative declaration and amendment to the General Plan with a bifurcated plan, everything except the Downtown area. The motion died for lack of a second. It was moved by Vice Mayor Meadows and seconded by Councilmember Higgins to adopt the negative declaration, making findings, and amendment to the General Plan. The vote was taken. AYES: Higgins, Meadows, Pope, Williams. NOES: Fuller. (4-1)

5) REGULAR CALENDAR 5.1 Adopt a Resolution authorizing the City Manager to execute a contract with Strategy Driver, INC. to prepare a new Strategic Plan (Joshua McMurray, City Manager) City Manager Joshua McMurray mentioned the City contracted with Strategy Driver, Inc. for governance protocols that were adopted last year and the Council requested to update the Strategic Plan. He explained this contract would start that work. Ellen Cross, Principal of Strategy Driver, Inc., shared a PowerPoint presentation regarding information regarding Strategy Driver, Inc., the planning process including surveys and interviews, 3 workshops that would be planned for community input to get to a draft Strategic Plan, and a draft schedule. Councilmember Williams inquired if the City can solicit more community input between now and the first workshop. She mentioned there are ways to engage more people so the Strategic Plan represents as many people as possible. She mentioned virtual workshops will help, but if they can all put time to upgrade the level of engagement that would be great. Mr. McMurray responded staff will advertise far and wide. He mentioned the City is holding 3 special meetings/workshops whereas in prior years, it only held one. He mentioned they will be broadening opportunity for public input. Ms. Cross shared that the public is welcome to attend and participate in the workshops. She mentioned they will be held in the evenings to try and accommodate as many people as possible. Councilmember Williams inquired if the workshops will all be in person without a call in option. Mr. McMurray explained the meetings will be held at Recreation Center and the technology is different there so the meetings will be held in person only. Mayor Pope suggested maybe Recreation could put something on outside while parents participate. It was moved by Councilmember Fuller and seconded by Vice Mayor Meadows to adopt the resolution. Motion was unanimous and so ordered. (5-0)

6) REPORTS 6.1 CITY MANAGER (a) City Manager City Manager Joshua McMurray wished everyone a Happy New Year. He mentioned City Hall closed partially for two weeks at the end of the year so he welcomes everyone back. He shared they have a lot of work to do and they are feeling the impacts of Covid-19 within the organization, but they are dealing with it appropriately and moving forward to get the work done. 6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency Councilmember Williams reported she attended a Tri-Delta Transit Board meeting December 15. She shared 100% of their workers are vaccinated, drivers are 94% vaccinated, but they have a staffing shortage not attributed to the vaccine mandate; out of 117 drivers, they are short 21 drivers resulting in canceled and missed routes. She mentioned the park-n-ride lot is almost ready for pavement with February as the estimated completion date. She also reported Ironhouse Sanitary District (ISD) is increasing sewer rates for condos; they increased the rate for single-family and decreased the rate for multi-family in compliance with Prop 218. She mentioned they are making changes to the bylaws for Board Member elections in case of a tie and will be following Robert Rules of Order. She shared that Vice President Morgan was elected President and Member Amaro is now Vice President. She mentioned the Board voted for teleconference for meetings which must be updated every 30 days and they are moving it to the Consent Calendar. She indicated the five-year Jersey Island Lease Agreement approved can bring $800,000 in revenue. She reported they are going to become the lead agency for Western Recycled Water Coalition and they appointed Tyler Zimmerman as Executive Director. She announced the January 18 ISD meeting is canceled. She also announced the Red Cross declared its first national blood shortage. She encouraged everyone to give if they can and mentioned she hopes they will get a blood drive set up soon. She also reported AB 1400 for universal health care for California is in deliberation right now. Councilmember Higgins reported Tri-Delta Transit closed the Cypress and Main building during its park-n-ride construction. She shared they had been dealing with weather and Covid so they were a little behind. She announced Tri-Delta canceled its next Board meeting. She inquired if Councilmember Fuller had a report out for his appointed committee.

Councilmember Fuller announced Eric Vink is leaving the Delta Protection Committee and he will be missed. He mentioned the tunnel project is down to one tunnel to pump water out of the Sacramento/Delta to Tracy and they want to speed it up. He also mentioned he will be watching the Diablo Water District (DWD) Board meeting regarding land use and aquifer issues, and because it is going to be ongoing, he would ask staff and legal to watch. He mentioned he would like to invite Dan Muelrath, General Manager of DWD, to explain why there is arsenic poisoning in wells in the northeast portion of the City and it is important to understand what is going on and why the area is contaminated. He commented he is impressed and happy that Mr. Strelo shared this with native tribes for review. He expressed he would like to see a presentation of native tribes in the area as the tribes are very much part of local history. Mayor Pope reported he attended the Contra Costa Mayors Conference and they had an enlightening presentation on Rosie the Riveter and the National Historic Park in Richmond recognizing the war effort. He requested staff help publicize that to public in email blasts and newsletters. He reported he attended the Habitat Conservancy Meeting and announced the next meeting will be held February 28 at 2 p.m. and it is accessible through the county website as all meetings are being held virtually. He mentioned the big item during it last meeting was setting the agenda for next year, approving political actions with its partnerships for advocacy. He mentioned he heard comments how people are intimidated by the Council or staff and apologized if he had any part of that as that was not his intent. He welcomed everyone to speak with him, even if they dislike him, and commented he is still planning to have lunch with Ms. Adler. He invited the Council to speak to him privately if he gets out of line. He explained his intent is to run a professional business meeting and keep the agenda on track and if he is out of line, he expects his fellow Councilmembers to pull him aside and tell him. (b) Requests for Future Agendas Councilmember Higgins mentioned there was a comment about new developments going forward. She requested zero turf or low maintenance landscaping for front yards. She mentioned zero carbon emissions for City facilities may be tough. She mentioned they are good challenges to get as close as possible to. Councilmember Williams agreed. Mayor Pope agreed and requested solar and battery storage in addition to what Councilmember Higgins said. He mentioned he believes solar is required on all new homes by State law and he would like to look into battery storage being mandatory as well.

Councilmember Williams supported Mayor Pope’s request. She requested staff invite schools for conversations regarding how it is decided where they build schools. Mr. McMurray responded he can ask the school superintendent to provide an update and explain how school sites are selected. 7) WORK SESSIONS 7.1 Live Oak Ave. and Main St. Preliminary General Plan Amendment (PA 07- 21) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 7.84-acre site from Commercial (CO) and Light Industrial (LI) to Multi-Family Residential, Low Density (ML)(Ken Strelo, Planning Manager) Planning Manager Ken Strelo provided a PowerPoint presentation. Councilmember Higgins inquired if someone has 49 lots, if they can divide each of the 49 lots in half, and provide an ADU on both lots under Senate Bill 9 (SB 9). Mr. Strelo responded that under SB 9, potentially someone can divide lots in half, but these lots may not meet standard lot size. He explained if they meet the standard lot size, they could do a home on each and the ADU would be permitted by right. He mentioned what cannot be done under SB 9 is to split a parcel and build two homes on each parcel. He explained you cannot do both. He mentioned there are also some stipulations that if you own all properties or adjacent properties, you cannot split them. He added that these lots may be too small to split; staff would have to review. Councilmember Higgins mentioned because it is in a transportation corridor, once they change the density, someone could put multi-family units in because SB 10 allows it. Mr. Strelo responded that he believes these would qualify because the bus stops that have 15 minute intervals which would be one of the key qualifiers. Councilmember Higgins commented there is opportunity for many multi-units. Councilmember Williams commented that schools are important and these would be zoned for the Antioch School District, creating a whole new area for Oakley orphans. Mr. Strelo confirmed that is correct. Councilmember Williams inquired if the consultant studied this parcel for commercial or light-industrial.

Mr. Strelo responded that the consultant studied commercial and also light industrial and does not believe this parcel is one that should not be rezoned. Applicant Drew Walstrum with Warmington Residential, Inc.commented that Mr. Strelo did a wonderful job describing the overall general guidelines on the site. He mentioned this is a tricky site with a lot of opportunities with its current zoning and location. He mentioned he understands well the intent of the General Plan, it is specific, but in practice, a lot is non-compliant and that is why they are asking for a General Plan amendment. He shared they are working with what has been established there with a residential development and they plan to have sidewalk improvements along Live Oak to connect to Main for a cohesive feel. He mentioned with proximity to the highway, they will be one of the first developments people see when they come into Oakley from Hwy 160, so they are keeping a heritage tree and planting vines. Mayor Pope called for public comments. Public Comment Cards Ken Graundstat commented he was part of the East Diablo General Planning in 1981 for 5 years that later went to the East County Planning Commission. He mentioned there were issues they addressed, jobs and housing and transformation and zoning. He mentioned the parcel across the street is partially operated by light and heavy industrial. He shared that Live Oak is operated by trucks and some of them have terminal rights that they can move anywhere within 2.5 miles. He shared his scale goes all the way around the block. He mentioned they thought they were doing right in the old days, this is where Oakley Boundary Committee came from where incorporation came from, and he requested the City respect that. He commented he is excited the City will have a Planning Commission again. Vice Mayor Meadows asked Mr. Graunstadt if he is for or against this project. Mr. Graundstadt responded he is for recognizing they had good effort to put it in writing many years ago. He commented he is a resident and a businessman, not a planner or councilmember, and has been involved in this community for 50 years. Vice Mayor Meadows inquired if this project would affect his operations. Mr. Graundstadt responded he is not talking about his operation; he is talking about the right of the community. Ken Ferrante commented he is the property owner of 5245 Live Oak and rezoning would have a negative impact on current operations on light industrial

and commercial adjacent parcels, it would not be fair to residents living across the street from light industrial operations, and he would like the City to consider why it is considering reducing the small footprint the City has for small commercial and light industrial. He mentioned they can have opportunity zones attached to both to promote small businesses, jobs and services. He mentioned in his opinion, the City has an aggressive growth plan, but it needs services to provide to those residents. He expressed he strongly opposes this rezoning. Vice Mayor Meadows inquired which business Mr. Ferrante has on that road. Mr. Ferrante responded his business is Delta Grinding. Gerald Soto, Managing Member for Stonegate Partners LLC, commented they purchased the property in the early 1970s and have 50 years of owning the property. He mentioned they originally purchased the property from Enrico Cinquini which included the public storage anchor strip mall and retention pond south of the strip mall that was deeded to the City by Stonegate. He mentioned the parcels have been used for agriculture and a house at one time. He shared that Stonegate has quietly marketed the property for 15 years, first through Cinquini Real Estate and then through a partnership with Cinquini Real Estate, Primo Real Estate and himself, to be quality source for the community. He mentioned over the years, there has been little interest in the property due to the shape, restrictive zoning and lots surrounding it. He also mentioned they were not interested in offers for potential users, i.e., cement businesses, a gas station for corner, a nursery, a church, and a used car lot, and the only potential business, the cement business, was not acceptable to the then City Council. He mentioned the City Council must consider the best potential financial use and the current size of the lot doesn’t lend to many uses. He shared they have had the sincerest interest from residential developers and selected Warmington because they have a great plan for property and the best use for the property is for residential use. He thanked the City Council and those representing the City for their time and service to our community. Rich Ladiera commented he represents UPS and shares the same concerns as Delta Grinding. He mentioned they have a large truck operation 24/7 down Live Oak Avenue and this area was never designed for homes in his opinion. He shared they previously had a trucking company there in 1984 and still have the same concerns as they did then. Randi Adler was called upon to speak but was not present. Councilmember Fuller commented he is not in favor to approve the project. He mentioned light industrial areas are like gold to run a small business or for the cottage industry. He mentioned businesses may disrupt residential with noise during sensitive hours. He mentioned they will start small, get disclaimers, have noise, and soon petitions will be brought to pass restricting hours. He suggested

they keep light-industrial and residential separated so they can conduct their businesses. Vice Mayor Meadows commented as he explained to the applicant when he called to get his feedback, he doesn’t agree with rezoning to residential. He mentioned there is a light industrial component to it and they need to add jobs. He mentioned if they rezone, jobs will not be there and if the rezone to residential from commercial it may affect surrounding properties as there are limitations on what can go in close proximity to residential. He mentioned if they approve the rezone and the property across Main Street goes, it will be a signalized intersection if built as proposed, and if filled, potentially a gas or fast-food restaurant could go in and this would kill it with this rezone. He expressed this is not compatible with the area for business owners and homeowners. Councilmember Williams commented she is not for it. She shared she appreciates light-industrial for jobs and cannot in good conscious allow new homes in an area where more kids would go to Antioch schools. She mentioned there would be a market for these homes, but it is not fair to those purchasing homes or to nearby business owners and there is nothing to mitigate those extenuating circumstances. Councilmember Higgins expressed she is not in favor of it. Mayor Pope mentioned the applicant tried to meet with all Councilmembers and he does not see their concerns have been resolved. He mentioned when residential and commercial are close to each other, they have to look at potential conflicts. He recalled Rico Cinquini talking about a hotel at this site. Randi Adler returned and commented when she moved to Oakley in 1991, she was a substitute teacher in the Antioch Unified School District and in a classroom, there was a swastika on the blackboard and on a student’s jeans which she found very offensive. She mentioned to have kids that live within boundaries of Oakley and Antioch schools is putting Oakley kids in a situation where they can join gangs and bring it to Oakley. She expressed concern regarding property value decreasing. She mentioned there is an opportunity here for a new school to bring all school orphans back to Oakley because they are already paying taxes in Oakley. She expressed it is unfair to do that to children especially with everything going on, i.e., parents not together, economy, and government controlling everything. She suggested they bring those kids back as they are paying high taxes. She shared her kids went to Oakley schools and these kids deserve to go to school here because they live here. She suggested the Council get together with the superintendent and put its foot down to do something. She expressed she is opposed to the project.

7.2 Work Session – City Council Vision for Oakley (Joshua McMurray, City Manager) Mr. McMurray presented and mentioned he has documents available if the Council wants to review. Mayor Pope called for public comments. There being none, he called for Council discussion. Councilmember Williams commented that when she ran for Council, she wanted Oakley to be destination city with businesses here that people can’t get in neighboring cities. She mentioned Antioch and Brentwood gas stations draw her into other cities because she can take care of all her errands there. She shared she would love if they promote small businesses that are not already in other neighboring cities and provide incentive for Oakley residents to open Oakley businesses to provide good paying jobs. She mentioned this also applies to Recreation. She indicated they are making good steps with the park and suggested they finish out that plan so they can have tournaments and things that attract people to Oakley to spend money in Oakley. She mentioned they are addressing the fire situation and safety and feels they are making good progress. She requested a more concentrated effort to reach everyone as much as possible so people can virtually interact at meetings. She suggested ARPA funding may provide ability to do a hybrid model and she suggested it be part of the City’s new vision to get as much resident engagement as possible. She mentioned staff does a good job to try and get people in; the City may not have all the services it needs to do more. Vice Mayor Meadows shared he buys all of his gas in Oakley. He requested clarification regarding the businesses Councilmember Williams suggested attracting to Oakley. He inquired if she means all of Oakley or a specific area. Councilmember Williams responded she has in mind some targeted areas that need more business, but they need to look for large areas that can accommodate people. She mentioned Oakley has enough open spaces to spread it out to other places than the Downtown, but to attract people, it would have to be easily accessible. She mentioned they would need to take into account proximity to other businesses; they need a buffer, an overlay for the City, and to improve more areas than just the Downtown Specific Corridor. Vice Mayor Meadows commented he has a vision for the Downtown and western edges for light industrial. He mentioned there are limited opportunities down Cypress and pockets of commercial. He mentioned his focus is on the Downtown and light-industrial. He expressed they need to bring jobs here. He mentioned he heard Councilmember Fuller’s comment earlier regarding the Downtown and his take is that Councilmember Fuller’s concern is density. He inquired what he is thinking about.

Councilmember Fuller responded that staff has creativity to have a library, a music/entertainment center to draw people in to the Downtown. He mentioned the playground and the Christmas tree bring people in. He suggested they take away the high-density concept and provide a more creative atmosphere in the Downtown such as a multiplicity of services, i.e., a Veterans center, a senior center, a library, a place for a book or poetry reading, or a jazz/blues venue. Vice Mayor Meadows responded his vision is for density in the Downtown. He mentioned along the north side of Main Street he would like to see a linear park with bocce ball to draw people Downtown. He expressed he does not believe those parcels are buildable and Nature Properties probably couldn’t get financing for the parcels because the buildings are obsolete even before built because of the narrowness and all of the properties along that area may have similar problems. He commented that the railroad tracks are a deterrent and he likes the tracks, having grown up in Oakley and listening to the trains. He expressed his vision for Downtown is an entertainment district with retail/entertainment on the bottom, and above and behind residential, so it is walkable and accessible to some public transit. He mentioned he would also like to see a library Downtown. He also mentioned in the Downtown Specific Plan, the height limit is too low at 35 feet or 3 stories. He indicated some locations are greater than 3 stories but can be done in a way to still preserve some of the character of the Downtown. He commented that the Bistro did a great job and he would like to see it continue. He mentioned some of the vision will take time and some can begin sooner, but the park will help restaurants in that area. Councilmember Fuller agreed. Councilmember Williams commented she would love to see mixed use, the proximity to transit is the perfect place, and it provides a lower price point where people can come in; it brings a different audience. She mentioned she would love an entertainment district as people are asking for more to do in Oakley and she agrees with modifying the 35-foot height limit to make that area more attractive. City Manager Joshua McMurray commented that the Downtown Plan allows 4 stories or 50 feet. Vice Mayor Meadows inquired if that is not just with architectural elements. Mr. McMurray responded that the building height is at 4 stories or 50 feet; architectural elements are the Council’s discretion. Councilmember Higgins commented the polo field could bring entertainment and bring people to Oakley to spend money. She mentioned Harumi is working hard to try and bring business, and the Council can assist her by participating in what she is trying to get going and showing support; they can be present at events like

fishing tournaments. She shared that she buys her gas in Oakley. She mentioned she likes Vice Mayor Meadows’ ideas regarding the Downtown. She shared they were unable to develop the skinny strip after the ground-breaking of that area, but that is what it was supposed to be. Councilmember Fuller commented his #1 priority is to restore trust in City Hall and with that, no new taxes. He mentioned Vice Mayor Meadows knows business and staff knows planning. He suggested they put the two together and allow creativity to come about. He also suggested Police become a model for professionalism. He mentioned he worries about roadways to Bethel Island and Jersey Island that residents are already paying for. He suggested they see what they can do with the shoreline and he is not sure if they can have a consultant. He also suggested that they look at educational services to bring to the City. He mentioned development of the marina opens up the Delta market to be explored. He suggested they bring retail businesses and services. Mayor Pope shared when he began on the Council twelve years ago, he had the same ideas and his vision ran into reality. He mentioned the City doesn’t own land or control uses; they can create opportunity but can’t control business owners. He suggested they look at what they can do to further incentivize and provide an economic opportunity zone to target a specific sector. He expressed he agrees with the Downtown for entertainment use. He mentioned there is a murky future for brick and mortar retail, but businesses requiring human interaction will continue forever. He suggested making Oakley a unique place and destination like a winery and vineyard destination. He shared in Brentwood they have a square with a grape press near Trilogy. Vice Mayor Meadows commented that the grape press at Trilogy is owned by Trilogy and is where its clubs make wine. Mayor Pope also suggested Oakley could have a commercial grade kitchen for cottage industries or a wine making center providing Oakley a sense of place with connection to its history. He mentioned he would like a park with pedestrian safe crosswalks to connect businesses on the other side, extending out easterly. He commented he is not sure how that would work in terms of financial ability. He mentioned he would like to make sure Police have appropriate resources by hiring more officers and equipping them. He commented that public engagement has always been a concern; they have been looking for a magic bullet to spark engagement; people are on social media, but they are not engaging with the Council. He expressed he would like to have an E. Cypress connection for an alternate route to Byron Highway and complete the Laurel Road connection for traffic flow and safety. He requested special zoning restrictions be brought back to the Council to complete. He agreed with Vice Mayor Meadows regarding a walkable community and having homes near commercial and retail in a smart way. He mentioned the road maintenance plan has so many miles of road and the financial plan is inadequate to provide the level of service to maintain them at

a high level so the Council needs to prioritize the budget. He indicated he would like to reapproach the Delta-ferry connection to Oakley. He suggested the City move toward selling the Burroughs property because he does not believe the City should be a landlord. He suggested funds be prioritized #1 for public safety and #2 for economic development. He mentioned the Council needs to provide support to Harumi Murata in her efforts with economic development. He mentioned the Downtown train platform is coming and it would be great to connect the linear park with businesses. He shared a caboose is being considered to be located next to the Bistro which will connect Oakley to its past. He indicated he looks forward to the Strategic Plan update. He mentioned there should be focus on employee appreciation and making City Hall a place where employees want to stay because they can’t do it without staff. He commented that state law is changing housing and he hopes they can examine it to preserve the character of Oakley. He mentioned they should increase staffing. He also mentioned there will be a Zoning Code update. He suggested the Council tour the regional park again and adjust the plan accordingly to make Oakley a destination for various sports. Vice Mayor Meadows agreed with Mayor Pope and Councilmember Fuller regarding increasing Police staff. He mentioned public safety and economic development go hand in hand so increasing the number of officers is important. He expressed he wants to keep the light industrial area for jobs. He shared in the 1990s, he was on the Oakley Municipal Advisory Council, working on a project along Live Oak Avenue where the school is now and if a user had certain use, they were willing to streamline the permitting process to attract jobs to the City, but those plans got scrapped with first City Council. He mentioned he would like staff to actively recruit job producing businesses for the light industrial area and work with the special districts to make it happen. He suggested quickly permitting projects to keep jobs in Oakley. Public Comment Randi Adler suggested to take a little bit of cities around Oakley and put it here like Todos Santos Plaza in Concord or the Lesher Theatre in Walnut Creek for plays. She mentioned bringing people to Oakley would not cost the City lots of money; Todos Santos brings in revenue to Concord and is so busy parking can’t be found. Councilmember Higgins commented that Freedom High School just built a theatre. Councilmember Williams commented that the City has Friday Night Bites and concerts in Civic Center Park. Ms. Adler commented these things are not on NextDoor; they need to be promoted.

Vice Mayor Meadows inquired how she would suggest outreach. Ms. Adler suggested the City put it in a post and everywhere people know they can go out into the open with Covid. She mentioned there is a way to make people more aware of what is going on and more available. Councilmember Higgins commented that the library didn’t pass. Ms. Adler commented that is because everything is available online, but a learning center with retired teachers and counselors is needed to help kids. She mentioned her children know plenty of kids who committed suicide on the tracks because they have no one to talk to and the City needs to make it a priority because kids are isolated. Mayor Pope commented that the Council had a conversation with the local librarian what libraries will look like for the future. Councilmember Higgins commented that a library with a service center for tutors, CalFresh, mental health, etc. is a great idea and vision for the Downtown. Councilmember Williams suggested the City update its website. She inquired what the marquee off of Hwy 4 can it be utilized for. Mr. McMurray responded it can be used for a lot, whatever the City needs to advertise or promote. Councilmember Williams suggested it display events and important messages. She mentioned the ARPA funding survey has been on NextDoor at least 4 times. Mayor Pope cautioned they should be careful what is being placed on the sign, to keep it brief so drivers can see quickly when passing by. He suggested staff make the website user-friendly and modern. Ms. Adler commented that people need to know what is going on at meetings. Mayor Pope mentioned people say things on posts, but not to the Council or staff. Public Comment Ken Ferrante commented other cities have opportunity zones with light industrial and it allows properties to develop sooner than later. He inquired if the City has that capability. He shared that he has a 4-acre parcel within that zone that would fit well with that to be developed. He inquired if the City has a process to attach opportunity zones to parcels.

Mr. McMurray explained there is a small area on the western edge of the city that may not extend to his property and the formal process starts above the level of city government. He mentioned there are other mechanisms they can explore that are available which is the purpose of this work session. He shared his priority is to update the economic development work plan and they can look at what kind of things they can put in their toolkit to incentivize and speed up the process. Mayor Pope inquired what is in the way of him utilizing the property, i.e., fees, taxes, regulations, red tape, etc. and what the City can do to improve. Mr. Ferrante commented all of the above and it would be helpful to have a clear vision and purpose for the property. He mentioned in relation to the parcel tonight, from his perspective, the landowner is desperate. He inquired what the City can do to help attract development. He shared for him it is timeframe and expenses to get it done; an opportunity zone can help with taxes which can help attract businesses. Vice Mayor Meadows commented that the City can help revitalize blighted areas, but the light industrial is just not built; there are tax incentives at the federal level. Mayor Pope commented they used to have Redevelopment but Governor Brown did away with it. Vice Mayor Meadows inquired if Mr. Ferrante is looking to do something different with his property. Mr. Ferrante commented he owns 4 parcels in the light industrial area and he wants to get productive; there will be discussion on 2 of them so he will be back. Councilmember Higgins inquired what the plan is and if they will write letters to their Congressman. Mr. McMurray responded that staff can explore other options; there are agreements the City can enter into with businesses, but they need to start with plan and path forward so staff can implement. He shared some things are within and out of the City’s control, but if they can change or add to what is within control or if there are options to explore, staff is willing to explore them. Ms. Adler suggested they look at the red tape to tone it down. Mayor Pope indicated there is regulatory compliance.

8) CLOSED SESSION None. 9) ADJOURN There being no further business, the meeting was adjourned at 9:35 p.m. Respectively Submitted, Libby Vreonis City Clerk

AGENDA REGULAR JOINT MEETING OF THE OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY/ OAKLEY PUBLIC FINANCING AUTHORITY Tuesday, January 11, 2022 6:30 PM Oakley City Council Chambers located at 3231 Main Street, Oakley, California 94561 Per the Health Officer of the County of Contra Costa, ORDER NO. HO-COVID19-51 dated August 2, 2021, mandates the wearing of face coverings in indoor public setting by all persons. We highly recommend all visitors do a self-administered temperature check before entering the Council Chambers. A touchless temperature kiosk is located in the City Hall Administrative Lobby for visitor use. MISSION STATEMENT: The City of Oakley exists to build and enhance a quality community and to serve the public in a friendly, efficient, responsive manner. VISION STATEMENT: The City of Oakley will be recognized as a model of civic participation and a vibrant Delta community where families live, work, play, shop and visit. Agendas are posted in Oakley at Oakley City Hall-3231 Main Street, outside the gym at Delta Vista Middle School-4901 Frank Hengel Way and outside the Library at Freedom High School-1050 Neroly Road; agendas are also posted on the City’s Internet Website www.ci.oakley.ca.us. A complete packet of information containing staff reports and exhibits related to each item is available for public review prior to an Oakley City Council and/or City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority meeting at Oakley City Hall, 3231 Main Street, Oakley, CA 94561. Any writings or documents provided to a majority of the Oakley City Council, Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency or Oakley Public Financing Authority regarding any item on this agenda will be made available for public inspection, during regular business hours, at the front counter in the Main Lobby of the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561. Agendas may be picked up at the Oakley City Hall located at 3231 Main Street, Oakley, CA 94561 for no charge. To request information regarding placement on the City’s agenda e-mail distribution list, please contact us at (925) 625-7000. We provide social media options to stay connected to City Hall through Facebook, Twitter, Next Door and 1

Instagram. Other opportunities to connect with City Hall include Engage In Oakley, Oakley OnDemand on the city's website; and by emailing info@ci.oakley.ca.us. Constant Contacts. Please contact us at (925) 625-7000 for additional information or at www.oakleyinfo.com. If you have a physically challenging condition and require special accommodations, please call the City Clerk’s office at (925) 625-7013. Please keep cell phones/electronic devices turned off during the meeting. Please be advised that City Council meetings are video recorded and attendees may appear on video. Members of the public may address the Council on items of interest that are within the City’s jurisdiction. Public comment on items not listed on the agenda will be heard under the Public Comments section of the agenda. In compliance with State law, the Council may not take action on an item that is not specifically listed on the agenda. If you would like to speak on any agenda item, please fill out a blue speaker card available in the lobby and submit it to the City Clerk prior to the agenda item being called. The Mayor will call you by name to the podium to hear your comments and you have up to 3 minutes to speak. 1.OPENING MATTERS Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority 1.2 Pledge of Allegiance to the Flag 1.3 Proclamation Recognizing January 23-29, 2022 as School Choice Week Proclamation 1.4 Proclamation Recognizing January as Human Trafficking Awareness Month (Claudia Gonzalez, Contra Costa Alliance to End Abuse) Proclamation 2.PUBLIC COMMENTS At this time, the public is permitted to address the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority on non-agendized items. PUBLIC COMMENTS ARE LIMITED TO THREE (3) MINUTES. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. 2

3.CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority with one single action. Members of the audience, Staff or the Oakley City Council/ Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor remove the item. Members of the public should submit any Speaker Cards related to the Consent Calendar in advance of the Consent Calendar being considered. 3.1 Fiscal Year (FY) 2021/22 Second Quarter Report on the Capital Improvement Program (Kevin Rohani, P.E., Public Works Director/City Engineer) Staff Report 3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney) Memo 4.PUBLIC HEARINGS 4.1 City of Oakley Focused General Plan Update (GPA 01-20) – Adoption of a Negative Declaration and an amendment to the City of Oakley General Plan to bring it into compliance with state requirements related to environmental justice, mobility, and climate change and adaptation. (Ken Strelo, Planning Manager) Suggested Action: Staff Recommendation: 1) Receive the Staff Report, 2) Receive Questions from the City Council, 3) Open the Public Hearing, 4) Receive Public Testimony, 5) Close the Public Hearing, 6) Deliberate, 7) Summarize the Deliberation 8) Adopt the Resolution Staff Report 1. Notice of Public Hearing 2. Responses to Comments on the Draft Focused General Plan Update and Notice of Intent to Adopt negative Declaration and Initial Study 3. City of Oakley General Plan with Amendments from the Focused General Plan Update and Tracked Changes from Responses to Comments 4. Proposed Resolution (adopts a CEQA Negative Declaration and approves the City of Oakley Focused General Plan Update) 5.REGULAR CALENDAR 5.1 Adopt a Resolution authorizing the City Manager to execute a contract with Strategy Driver, INC. to prepare a new Strategic Plan (Joshua McMurray, City Manager) Staff Report 1. Strategy Driver, INC. Proposal 3

2. Draft Resolution 6.REPORTS 6.1 CITY MANAGER (a) City Manager 6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY (a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency (b) Requests for Future Agendas 7.WORK SESSIONS 7.1 Live Oak Ave. and Main St. Preliminary General Plan Amendment (PA 07-21) – Work Session to discuss the merits of a potential project to amend the General Plan Land Use Designation of an approximately 7.84-acre site from Commercial (CO) and Light Industrial (LI) to Multi-Family Residential, Low Density (ML)(Ken Strelo, Planning Manager) Staff Report 1. Vicinity Map 2. Notice of Work Session 3. City of Oakley General Plan Land Use Map 4. Existing and Conceptual General Plan Land Use Designations Illustration 5. Applicant's Cover Letter Addressed to City Council 6. Applicant's Conceptual Site Plan 7.2 Work Session – City Council Vision for Oakley (Joshua McMurray, City Manager) Staff Report 1. City Manager Heat Table 8.CLOSED SESSION 9.ADJOURN 4

A Proclamation Recognizing January 23-29, 2022 as School Choice Week WHEREAS, all children should have access to the highest-quality education possible; and WHEREAS, all should recognize the important role that an effective education plays in preparing all students to be successful adults; and WHEREAS, quality education is critically important to the economic vitality of any community; and WHEREAS, our great county is home to high quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our communities; and WHEREAS, there are many high-quality teaching professionals in all types of school settings who are committed to educating our children; and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of educational options. NOW, THEREFORE, I, Randy Pope, Mayor of the City of Oakley, do hereby recognize January 23-29, 2022 as SCHOOL CHOICE WEEK, and I call this observance to the attention of all of our citizens. Dated: January 11, 2022 ___________________ Randy Pope, Mayor 5

PP RR OO CC LL AA MM AA TT II OO NN declaring January 2022 as “Human Trafficking Awareness Month in Oakley” WHEREAS, human trafficking is a form of abuse in which force, fraud or coercion is used to control victims for the purpose of commercial sexual or labor exploitation; that occurs in every industry and affects individuals of all genders, ages and of all backgrounds; and WHEREAS, human trafficking is a lucrative industry and the fastest growing criminal industry in the world; and WHEREAS, the crime of human trafficking violates an individual's privacy, dignity, security and humanity due to the systematic use of physical, emotional, sexual, psychological and economic exploitation, control and/or abuse; and WHEREAS, the impact of human trafficking is wide-ranging, directly affecting foreign nationals as well as US citizens, and society as a whole; victims experience trauma, violence, manipulation, fraud and coercion at the hands of their traffickers. It is often the most vulnerable members of our communities who are affected by human trafficking; and WHEREAS, the County's Alliance to End Abuse acknowledges that fighting exploitation and human trafficking is a shared community responsibility and it is necessary to build collaboration by linking with local, regional and federal agencies; and WHEREAS, aggressively identifying and prosecuting the buyers and sellers of trafficking victims is an effective strategy to end the commission of human trafficking; and WHEREAS, the City of Oakley desires to raise awareness so residents will become more aware, informed and will take action to end human trafficking. NOW, THEREFORE, I, Randy Pope the Mayor of Oakley, join with the members of the Oakley City Council in proclaiming January 2022 as: “Human Trafficking Awareness Month in Oakley.” January 11, 2022 Randy Pope, Mayor 6

STAFF REPORT Approved and Forwarded to the City Council DATE: January 11, 2022 TO: Joshua McMurray, City Manager FROM: Kevin Rohani, P.E. Public Works Director/City Engineer SUBJECT: Fiscal Year (FY) 2021/22 Second Quarter Report on the Capital Improvement Program Background and Analysis This report summarizes the status of the various projects in the City of Oakley Capital Improvement Program (CIP) at the end of the Second Quarter for FY 2021/22. The City's CIP is a multi-year forecast of capital needs that include new construction projects and planned improvements of existing facilities. The CIP establishes structure by identifying, prioritizing, approving, and the funding of capital improvement projects. Since the demand for capital projects typically exceeds the amount of available funds, projects are prioritized based on the City Council’s strategic goals. The following highlights some of the more high profile projects and their progress in the Second Quarter of FY 2021/22 (October-December 2021): 1. Oakley Regional Community Park Project Project # 176 Schedule: Grant funding is in process Budget: $3,547,859 Local Fund, Grant Amount to be determined in future Funding Source: State Grant, Community Park Fund, and Park Impact Fee This project transforms a 55-acre site at the end of Sellers Avenue that was given to the City as part of the development agreements with the Emerson and Gilbert Ranch development projects. This site had a number of older structures related to a dairy farm that has been closed for decades. The first phase of this project was to demolish the old and abandoned structures, which were a safety concern, and to clean up the site. This task was accomplished in the summer of 2019. In March of 2021, the City applied for a State Proposition 68 grant to 7

fund the first phase of this project and waiting to hear from the State if the City was awarded the grant for this project. The construction of the Oakley Regional Park will span several years as funding is secured through a combination of Grants and local funds. 2. Police Department Parking Lot Expansion Project Project # 253 Schedule: Construction is underway Budget: $900,000 Funding Source: General Capital Fund The existing Police Department parking lot does not have adequate space for all of the vehicles and equipment that are used by Police Department staff. This problem has necessitated the utilization of off-site locations for parking and equipment storage. This approach is neither efficient nor safe. The scope of work includes the grading and paving of a new parking lot that will connect the existing Police Department parking lot to West Ruby Street. The new parking lot will have landscaping and lights similar to the rest of the parking lots at the Civic Center, and will complement the parking facilities that are currently in use. This new parking lot will provide Police Officers direct access to West Ruby Street and other major streets in Oakley without having to navigate the busy parking lot that is used by Black Bear Diner Restaurant customers. This will be a significant safety improvement. The construction of the project is currently underway and it is anticipated that the construction work will be completed by spring 2022. 3. Downtown Gateway Plaza Roadway and Parking Lot Project Project # 205 Schedule: Design is underway Budget: $813,613 for Design & $700,000 for Construction Funding Source: Main Street Fund The Downtown Gateway Plaza Roadway and Parking Lot Project will complement a new San Joaquin Joint Power Authorities train platform station located north of Main Street in the general area between 2nd Street and O’Hara Avenue. The San Joaquin Joint Power Authorities has secured the grant funding for the design and construction of the new platform station and will operate the train platform station after its construction. This train platform station is strategically located in downtown, adjacent to the Main Street Gateway Plaza and its associated parking lot. The roadway improvements and parking lot are designed and will be constructed by the City. The new parking lot is anticipated to provide over 300 parking spaces, and is a big part of the future for Downtown Oakley. It is anticipated that the respective design efforts by the San Joaquin 8

Joint Power Authorities and the City will continue into 2022 followed by the construction of the project starting in 2023. 4. FY 2021/22 Curb, Gutter and Sidewalk Reconstruction Project Project # 257 Schedule: Construction is underway Budget: $115,059 Funding Source: General Capital Projects This project will repair and replace damaged concrete curb, gutter and sidewalk in the community as part of the 50-50 cost sharing program between the City and property owners. This project has been successfully implemented for the past few years, and will continue into FY 2021/22. This project has helped to provide safe pedestrian facilities and reduce liability and claims for trip and fall accidents. The construction of this project is underway and anticipated to be completed by April 2022. 5. East Cypress Road Widening (Knightsen Avenue to Jersey Island Road) Project Project # 247 Schedule: Design is underway Budget: $6,280,000 Funding Source: Traffic Impact Fee Fund The growth and development of new subdivision projects along the East Cypress Road corridor has necessitated various infrastructure improvements to accommodate the increased traffic volumes on this road. This project will widen and improve East Cypress Road to east of Knightsen Avenue to Jersey Island Road. The improvements will include curb and gutter, sidewalks and a median island. The widening will stop short of the Contra Costa Canal where the developer to the east of the canal will be responsible to continue the widening and improvement of East Cypress Road. The design of this project is currently underway and construction is anticipated to start in the fall of 2022. 6. Downtown Parking Lot Construction Project Project # 215 Schedule: Construction is underway Budget: $3,979,000 Funding Source: Main Street Fund, General Capital Fund 9

This project, in continuing the implementation of the Strategic Goals of the City Council to improve and enhance Downtown Oakley; will construct a new parking lot and associated street infrastructure on the north side of Main Street and the Norcross Lane intersection. This new parking lot will be located behind the Entrepreneur Center and the new Oakley Mercantile Building and will serve the greater downtown merchants and their customers. The construction of the project is currently underway, and it is anticipated that the construction work will be completed by spring 2022. 7. Oakley Civic Center Emergency Generator Project Project # 228 Schedule: Construction is underway Budget: $197,500 Funding Source: General Capital Fund The Civic Center facility is the center of government in Oakley which handles all critical functions for the community residents, including Police services. The current facility does not have a standby emergency generator to address the frequent PG&E power outages that take place in this region. This project will install an emergency generator which will provide electricity to the entire Civic Center facility in times of power emergencies. The new generator has been delivered and installed and the City is currently working with PG&E to coordinate the power transfer to the new generator prior to the start-up operations. Once this PG&E task has been completed, the generator will be on standby and ready to supply electricity during future power outages. It is anticipated that the construction work will be completed by spring 2022. 8. Holly Creek Restroom Construction Project Project # 248 Schedule: Construction is underway Budget: $350,000 Funding Source: Park Impact Fee Fund This project will construct a permanent restroom facility at Holly Creek Park. The demand for City of Oakley recreational fields continues to grow, particularly for organized sports such as Baseball and Soccer leagues. The field at Holly Creek Park is one of the favorite and much desired fields in Oakley for leagues to play their sporting activities. This park does not have any restroom facilities which necessitates the placement of portable toilets at this park. This approach has created many operational and sanitary issues and is not a sustainable solution to address the need for a public restroom facility. This project will construct a permanent restroom facility at this park, similar to the restroom facility that was recently constructed at the Koda Dog Park. The construction of 10

the project is currently underway and it is anticipated that the construction work will be completed by the spring of 2022. 9. Downtown Storm Drain (Area 29) Improvement Project Project # 252 Schedule: Design is underway Budget: $100,000 for Design Funding Source: Storm Water Fund Many years ago the Contra Costa County Flood Control District had established drainage zones throughout the County for storm drain detention and treatment. These zones included large detention basins (i.e. Freedom Basin, Teakwood Basin, Del Antico Basin, etc.) and a network of underground pipe systems to convey the storm water runoff from the City's streets to these basins. All parts of the storm drain system in this zone have been constructed with the exception of the section of pipe from the north side of Main Street, just east of Miguel Drive to the edge of the railroad tracks. This project will secure the storm drain easement, as well as design and construct this section of storm drain pipe, which will complete all of the improvements in this zone. The design of this project is currently underway and the construction is anticipated to start by early 2023. 10. FY 2021/22 Street Repair and Resurfacing Project Project # 258 Schedule: Design is underway Budget: $3,741,000 Funding Source: Street Maintenance & Rehabilitation Fund, Measure J Fund, Gas Tax Fund This project will repair the base and surface failures, as well as resurface the City’s streets as a part of a comprehensive program to maintain the roadways for the community. Street repair and resurfacing is critical in keeping the quality of the City’s street infrastructure in good condition and prevent costly reconstruction due to the lack of proper rehabilitation and maintenance. This project will address a number of neighborhoods which need Sierra-Crete base remediation in addition to repair and resurfacing. The design of this project is currently underway and the construction is anticipated to start by the fall of 2022. 11

11. Supervisory Control And Data Acquisition (SCADA) System installation for Cypress Grove and Emerson Ranch Pump Stations Project Project # 266 Schedule: Design is underway Budget: $60,000 Funding Source: Community Facility Fund This project will install modern hardware and software at Emerson Ranch and Cypress Grove Pump Stations to be compatible with the SCADA system that is currently working for the Gilbert Ranch Pump station. The new SCADA system is designed to collect field information, transfer it to a central computer facility at the Public Works Department, and thereby allowing staff to monitor and control an entire system from City Hall. The design of this project is currently underway and construction is anticipated to start by the spring of 2022. Fiscal Impact Each project listed in this report has a budgeted source of funds which have been approved by the City Council. These sources include Grants, Gas Tax, Measure J Sales Tax, Traffic Impact Fees, General Fund, Main Street Fund, and other Special Use funds. There is no fiscal impact associated with this CIP Update, this report is solely for informational purposes. Staff Recommendation The Oakley City Council should provide comments and input to staff on the CIP report for the Second Quarter of FY 2021/22. 12

Date: December 15, 2021 To: Mayor and Members of City Council From: Derek P. Cole, City Attorney Cc: Joshua McMurray, City Manager Subject: Closed Session Report-Out Memo FOR CONSIDERATION AT THE CITY COUNCIL MEETING OF JANUARY 11, 2022 Background and Analysis The City Council considered the following closed session item during its meeting held December 14, 2021: CITY ATTORNEY PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Direction was provided to staff. There was no reportable action. Fiscal Impact None. Recommendation Receive and file this report. Attachments None. MEMORANDUM Office of the City Attorney 13

STAFF REPORT Approved and Forwarded to the City Council DATE: January 11, 2022 TO: Joshua McMurray, City Manager FROM: Kenneth W. Strelo, Planning Manager SUBJECT: City of Oakley Focused General Plan Update (GPA 01-20) – Adoption of a Negative Declaration and an amendment to the City of O