Minutes of Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority held
January 25, 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 and Special Meeting of the Oakley Public Financing Authority Mayor Randy Pope called the meeting to order at 6:39 pm in the Oakley City Council Chamber located at 3231 Main Street, Oakley, California.
Councilmembers Anissa Williams, George Fuller and Sue Higgins were also present. Vice Mayor Meadows was absent.
Mayor Pope apologized for starting late. He explained the closed session went long.
1.2 Pledge of Allegiance to the Flag
Mayor Pope led the Pledge of Allegiance.
1.3 Proclamation Recognizing Oakley Resident Ruben Padilla as a World Class Athlete (Nelia Resendiz)
Mayor Pope presented the proclamation to Ruben Padilla. 2) PUBLIC COMMENTS
Randi Adler commented she talked to a housing development and Oakley can put assisted living in Oakley to have low-income housing. She mentioned Clayton charges $2000 for a 1-bedroom apartment with living room, dinette, a small kitchen area, 2 meals per day and EMT on staff. She mentioned another portion can be covered by Medical and a silver sneaker gym can be covered by Medicare. She mentioned someone is in the facility 24 hours per day and it is working well. She mentioned cities are not wanting to put in any more lowincome housing, but for 65 and older, they can use Medicare benefits to cover part of the cost. She added they would have to find a place to put it. She indicated they offer parking, bus service to take residents to doctor appointments and the mall, tea dances, art classes and movies.
3) CONSENT CALENDAR
3.1 Approve Minutes from the Special City Council Meeting held December 14, 2021 (Libby Vreonis, City Clerk)
3.2 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency and Special Public Financing Authority Meeting held December 14, 2021 (Libby Vreonis, City Clerk)
3.3 Acceptance of work associated with Civic Center Roof Replacement Project - Capital Improvement Project Number 256 (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.4 Resolution Approving a Recognized Obligations Payment Schedule (ROPS) and Administrative Budget for the Fiscal Year of July 2022 through June 2023 (Tim Przybyla, Finance Director)
3.5 Annexation No. 30 Vintner View (Subdivision 8836) to the City of Oakley Community Facilities District No. 2015-2 (Parks, Streetlight, Landscape and Stormwater Services) (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.6 Agreement with Pacific Advanced Civil Engineering, Inc. (PACE) for Engineering Design Services Associated with CIP No. 255 – Cypress Grove Subdivision Pump Station Building Project (Kevin Rohani, P.E., Public Works Director/City Engineer)
3.7 Adopt a Resolution supporting the Brand-Huang-Mendoza Tripartisan Land Use Initiative to repeal SB 9 and SB 10, and restore local control over zoning and land use decisions (Joshua McMurray, City Manager) Councilmember Fuller requested item 3.1 be pulled for correction.
It was moved by Councilmember Higgins and seconded by Councilmember Williams to approve the remainder of the Consent Calendar. Motion was unanimous and so ordered. (4-0)
Item 3.1
Councilmember Fuller requested a correction to minutes to remove there was a consensus and to indicate that then Mayor Higgins moved and Councilmember Williams seconded that Vice Mayor Pope would be Mayor. AYES: Higgins, Meadows, Pope. NOES: Fuller.
Councilmember Higgins commented she doesn’t see it; she sees that Councilmember Fuller expressed his preference.
Councilmember Fuller commented he is requesting removal of consensus of the City Council language. He mentioned he made no comment regarding Vice Mayor Meadows until after the motion.
Councilmember Higgins agreed.
It was moved by Councilmember Fuller and seconded by Councilmember Higgins to approve the minutes as corrected. Motion was unanimous and so ordered. (4-0)
4) PUBLIC HEARINGS
4.1 Extension of Urgency Ordinance No. 12-21 Related to Two-Residential Units and Urban Lot Splits Urgency Ordinance (RZ 05-21) – Compliance with Senate Bill 9 (2021) (Ken Strelo, Planning Manager) Planning Manager Ken Strelo presented the staff report.
Mayor Pope called for questions.
Councilmember Higgins inquired if the Council can amend the ordinance like any other ordinance if state law changes.
Mr. Strelo responded the Council could; staff would go through same process of noticing and it would come before Council like any other ordinance that can be amended.
Mayor Pope suggested Mr. Strelo explained what SB 9 is so the audience understands.
Mr. Strelo explained and offered business cards to anyone who would like more information after the meeting.
Mayor Pope opened the public hearing.
A resident commented that a 2-year extension is a long time for something that may affect neighborhoods. The resident suggested 3 months and let people look into it.
Mayor Pope closed the public hearing.
Councilmember Higgins commented that the City does not want to do it but it is being forced on cities by the state. She explained the Council fought hard and wrote to electeds. She mentioned there is a petition called Neighborhood Voices to address the state law making the cities have it available at the Brentwood Farmers Market. She explained that the 2-year ordinance keeps the City in legal compliance and they can update it if needed. She mentioned people can keep fighting it by signing the petition at the Farmers Market.
Councilmember Williams asked if 2 years is the longest extension.
Mr. Strelo responded it is.
Councilmember Williams commented that most of the Council is against it, but there are not many options. She explained the Council put in additional restrictions with residency requirements, but otherwise their hands are tied.
Councilmember Fuller acknowledged the same angst as many are expressing.
He mentioned “emergency” is the key word; they need to render aid and if they don’t, the state will do it for them. He mentioned there is a committee in Sacramento watching cities for compliance.
Mayor Pope explained that the state is consistently passing laws to further restrict local laws. He expressed he believes the best government is small government, close to the people and the City should be able to build without big brother forcing it into a box. He mentioned if the City does not pass an ordinance like this, it defaults to state control and the City loses more control so it is the lesser of two evils. He encouraged all, if of the same mind, to address it with the initiative going around, other petitions, and people can reach out to their Assemblymember and Congressman.
Marilyn Tiernan commented she appreciated Councilmember Higgins questions and comments that it can it be less than 2 years.
Mr. Strelo commented that staff is working with the City Attorney and the maximum extension ensures the City is still in compliance with state law. He mentioned anytime within 2 years, the Council can adopt it or amend it as a permanent ordinance; they are not stuck with it for 2 years.
Mayor Pope commented the Council doesn’t like it and has communicated its desire.
Councilmember Higgins mentioned they are all working hard with special districts as it can affect infrastructure.
It was moved by Councilmember Higgins and seconded by Councilmember Fuller to adopt the extension of the urgency ordinance. Motion was unanimous and so ordered. (4-0)
5) REGULAR CALENDAR
5.1 Planning Commission Update (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report. He explained he was notified by one Planning Commissioner that he had to resign and he is seeking direction how to fill the vacancy. He reviewed 3 potential options how to proceed and mentioned it is critical the selection occur prior to the Planning Commissioner Academy in March as the Council emphasized newly appointed Planning Commissioners attend that training.
There were no public comments.
Councilmember Williams expressed she prefers to go with the 6th person.
Councilmember Fuller commented he appreciates everyone who submitted applications. He mentioned there was a young lady who may wish to interview and anyone else who has moved into the community should have an opportunity to apply. He recommended a person who already applied can be reinterviewed without going through application process.
Councilmember Higgins expressed she prefers to go with the 6th person and not waste time.
Mayor Pope commented he is leaning toward re-announcing and re-interviewing as things have changed since October when the Planning Commissioners were appointed.
Councilmember Williams mentioned she received tons of public comments that this has taken long time to get off the ground and this delays it further. She expressed if they wait and solicit again, she feels they could be trapped again with delay if another member resigns, for example.
Councilmember Higgins commented she wants the Planning Commission to do things like in neighboring cities. She mentioned when commercial development surrounding Oakley is booming, people looking to build will look to see if Oakley has a Planning Commission and the longer they wait, commercial growth bypasses Oakley.
Councilmember Fuller suggested in this case, they need to allow the public to again come forward; this time the process is not new and it could be as quick as the next meeting.
Mayor Pope mentioned he would advocate to get it up and running, but possibly can be persuaded. He suggested the 6th finalist get a 2-year term and other person with a 2-year term get bumped up.
Mr. McMurray commented that as Councilmember Fuller mentioned, the person would be filling a vacancy like on the City Council; the person would fill a term so one person in a 2-year term would get bumped.
Councilmember Higgins commented if they even want that.
City Attorney Derek Cole commented the new person could get the 2-year term or they could do a random draw and present as a follow up Council item on the agenda because it is an appointment after they contact both Planning Commissioners and they can do the random draw during the next meeting.
Mayor Pope inquired about the previous ranking in order and terms. He mentioned they may not need to do the random draw.
Mr. McMurray shared that Diego Verduzco and Edward Cire (resigned) received the highest votes and have 4-year terms. He mentioned Leonard Price has a 2- year term because he had the least amount of votes. He mentioned Oleksii Chuiko and Shannon Shaw received tied votes and their names were drawn from a hat with Oleksii receiving a 4-year term and Shannon receiving a 2-year term.
He mentioned it would be appropriate to appoint Shannon Shaw to a 4-year term since she received more votes than Leonard Price and the new appointee would receive a 2-year term.
Mayor Pope commented that seems reasonable.
It was moved by Councilmember Williams and seconded by Councilmember Higgins to move forward with an application process to appoint a new Planning Commissioner for a 2-year term and to change the term for Shannon Shaw from a 2-year term to a 4-year term, both items to be brought back at the next Council meeting as a formal agenda item. AYES: Higgins, Pope, Williams. NOES: Fuller.
ABSENT: Meadows. (3-1-1)
5.2 American Rescue Plan Act (ARPA) Update (Tim Przybyla, Finance Director) Finance Director Tim Przybyla presented the staff report. He introduced the City’s consultant, Sandra Myer with HDL ECONSolutions.
Ms. Myer presented a PowerPoint including the Department of Treasury Final Rule issued January 6, 2022, an overview of the community survey, a summary of the E-gift card program, and recommended funding allocations.
Councilmember Fuller commented he appreciates the professionalism, effort, survey and presentation. He mentioned e-gift cards are great, but he would like to know how to prevent one person from buying a bunch and hoarding them.
Ms. Myer explained they can set up a limit such as one per address or use other abilities to limit fraud.
Councilmember Higgins inquired about small business grants. She asked if they couldn’t start or build due to Covid-19.
Ms. Myer responded she is unfamiliar with that.
Mr. McMurray explained the intent is for existing businesses to look into expanding for tenant improvements or attraction. He indicated $750k is seed money and now it can be used for outdoor dining and facade.
Councilmember Higgins commented she wants to push money out because that’s what it is intended for.
Councilmember Williams commented the guardrails have loosened and inquired if the proposed plan can be changed.
Ms. Myer responded that it is a plan, not an allocation yet, so they can amend it.
Councilmember Williams commented she would like to prioritize infrastructure and economic development. She mentioned start up money would be great and suggested they can bring economic stimulus and reward residents for owning businesses here.
Mr. McMurray commented that for some items, they were planning to spend General Fund money. He mentioned this plan will require future agenda items and there is a lot of work to be done.
Mayor Pope suggested they first spend money on reimbursing COVID costs for employees. He mentioned they must have resiliency to respond to future disasters as public safety is a #1 priority. He mentioned he didn’t see it in here and suggested having citizens trained as 1st responders, possibly giving the CERT program a boost. He mentioned they must also have resiliency with operating during situations like power outages. He shared that they still have traffic signals that don’t have back up power such as Cypress and Main. He mentioned when communication/broadband went down, it knocked down the cell tower so it needs a generator and batteries. He suggested a CERT radio tower with repeaters for emergencies. He expressed he likes the idea of e-gift cards only with strong protections and he feels a pilot program is insufficient; he would like to see a real commitment to the program. He shared he would also like to see essential worker compensation in the form of a bonus or otherwise for Police because they had no choice, they had to respond, and he appreciates them doing so.
Public Comment
Randi Adler commented we are not out of this COVID problem. She shared she talked to her Congressman about people sitting at home that couldn’t pay rent or credit cards which lowered their credit ratings. She suggested gift cards may be used to pay some of those credit cards and utilities. She mentioned PG&E is allowing the public to forgive whatever they had from COVID as long as they have paid their bill for a year on time. She indicated she spoke with them today about gas pricing increasing and PG&E’s excuse was because they are having trouble getting ships into ports which she does not believe. She added that Comcast wants people to pay a month in advance for services. She mentioned people are hardly leaving their homes because the pandemic is still going on and people are still getting it, losing their homes, and their credit is ruined. She asked how the City is going to help people get caught up so they have housing and can recover from this. She suggested the Council help the public recover from COVID, not give gift cards to whatever they want to do.
Councilmember Fuller commented this is the initial portion but the Council will have another $ 5.3 mil to prioritize and he thinks this is a great step forward.
Ms. Myer confirmed he is correct; the second half of funding will come in July 2022.
Mayor Pope indicated there is no motion, just direction to provide to staff. He shared they all want to help neighbors and city government must be judicious and equitable. He suggested if they split the funding among all residents, that would mean about $200 to each resident. He mentioned they need to look at how they equitably and fairly distribute funds and look at a city-wide perspective to get the city up and running, create jobs, and get people back on their feet. He mentioned they can make it broader as Councilmember Higgins brought up, but they should be very judicious in the selection process to ensure funding is distributed fairly and legally.
Mr. McMurray responded the Council has provided good direction.
Mayor Pope called for a brief recess at 7:46 p.m.
The Council reconvened at 7:51 p.m.
6) REPORTS
6.1 CITY MANAGER
(a) City Manager
City Manager Joshua McMurray announced Friday Night Bites will return Friday at Civic Center Plaza. He introduced the new Chief of Police, Paul Beard, and the new HR Director, Jeri Tejeda.
(b) Hybrid Meeting Discussion
Mr. McMurray reported that 2 Councilmembers asked staff to look into the cost to do a real hybrid meeting. He explained that the City went back to in-person meetings in July 2021 and Oakley is the only city in Contra Costa County doing in-person only meetings with no hybrid option and have done so safely. He mentioned the phone and Zoom call-in options used previously were less than desirable so the Council wanted staff to research and provide options. He mentioned staff is looking for the Council to provide direction.
Recreation Manager/Website Coordinator Lindsey Bruno presented a PowerPoint including options previously used during meetings, cities’ definitions of hybrid meetings, Antioch and Walnut Creek models, challenges of technology available, and equipment, subscription and staff costs for Council and Planning Commission meetings.
Mr. McMurray thanked Ms. Bruno for mentioning the Planning Commission should be the same standard. He mentioned the City is offering participation now in-person; meetings can be watched via livestream or via a recorded version the next day, the public can submit online public comment cards or letters or make phone calls to City Hall, all which are forwarded to the Council. He mentioned to encourage participation will create a shift how to do business. He explained the City has had a hard time to keep staff for this position because it is part-time, usually only Tuesday evenings, and the person must have technology skills to run the meeting. He shared they have gone through 16 people in this position.
Councilmember Williams commented she is in favor of hybrid meetings and she hears valid concerns. She indicated she hates to impose additional pressures on staff, but when they allowed a Zoom dial-in option, there was more participation.
She indicated the world has completely changed and Oakley takes pride in engagement so she wants to communicate with and engage people every way possible. She mentioned Zoom can be recorded and be placed on the City’s website.
Ms. Bruno commented the video can still be placed on the website and possibly still stream. She clarified she is not trying to say they cannot do it, but it takes a lot of education. She hears they want people engaged, but people may be frustrated until they learn the nuances how to participate.
Councilmember Williams commented it is accessible and transparent.
Councilmember Fuller inquired what the reason was for cities using hybrid meetings. He mentioned he thought it was a temporary emergency allowance to ensure orderly process of government.
Mr. McMurray responded the health order has changed; there are no longer distancing requirements in the room.
Councilmember Fuller commented he likes what they have gone back to which is an orderly government process. He shared he watches on occasion the Legislature/Assembly and people can write into them, but they don’t have access to speak on the floor. He mentioned he heard different things here such as chaos and anger under then Mayor Higgins and it was not orderly. He mentioned there are people here tonight and if they don’t have access, they can find an alternate way to communicate such as in writing, but he feels they are creating a more chaotic situation with hybrid meetings and it is not best governance; it was intended as an emergency response, not a permanent solution.
Councilmember Higgins inquired if the Mayor could run a Zoom meeting without another staff person.
Mr. McMurray responded that running a Zoom meeting is different when running a Zoom meeting while running a Council meeting. He mentioned meetings should have a professional appearance so he would recommend a staff person handle running the Zoom portion so the Mayor can provide full attention to conducting the meeting.
Mayor Pope commented these are all good points. He mentioned under state law, they are only allowed to run meetings remotely during emergency and they have to pass a resolution to partake in remote meetings. He mentioned theoretically they could do all this work and the state of emergency concludes.
He indicated this could become the new way of life and they might lose the hybrid option. He indicated there is no reason with technology that they shouldn’t have it, but whatever they do has to be reliable and credible; they can’t tell people they can participate if they can’t—in that situation he would rather not have it; they need to make sure it is right. He mentioned if it were a small meeting, the Mayor could run it as host but a meeting like tonight, it is better to have staff trained and be the expert on it.
City attorney Derek Cole commented that the Governor’s current order is in effect through March 31, allowing remote meetings, and the Council has 4 more meetings until the current executive order is suspended.
Public Comments
Liz Elias commented when she was in high school, she read there was school by radio over vast distances of kids in the Australian Outback; if they could do it then successfully, they should be able to do it now with technology. She mentioned Zoom has a free version which limits her to 30 minutes if more than 3 people are on the call, otherwise there is paid service. She inquired if staff’s figures include the paid subscription cost. She mentioned there should not be a need for a second staff person. She suggested a video camera could be hooked up with a feed into the computer and they can run the meeting in Zoom; it would not be a secondary meeting; it can be sandwiched together. She mentioned they might want to look at a change in the law because there will always people who can’t attend in person for reasons other than the pandemic, but who may wish to attend remotely and participate live.
Roger Gonzalez commented he works with California State Universities for hybrid solutions to the classrooms and there are platforms that allow for controlled environments and ques to moderate how people can speak to you. He suggested staff look at the Cal State University system. He mentioned people can attend lectures from anywhere, they can archive lectures and these accredited platforms provide a controlled environment; it is not chaos and it can be shut down to allow the meeting to move forward. He mentioned he could see the Governor buying into this if they lead with this type of technology and they would have a much smoother road.
Randi Adler suggested Ms. Bruno would be good person to run Zoom; it can also be set up where each Councilmember can see comments from each person sending an email in, that way can be answered appropriately and that is how Zoom works. She mentioned they can email one another, and comments can be done that way too which she suggested could be read by a staff member to get on record.
Mayor Pope commented she would be fantastic but is already tasked.
Marilyn Tiernan commented her husband is not here because he doesn’t feel safe coming here. She mentioned she hasn’t been able to get the meetings streamed. She shared her business are local and international; everyday she is in Zoom calls, Google Teams, with large groups of people and it is possible and simple. She mentioned a board she sits on does everything through Teams and it has increased participation and people understand what they are doing. She mentioned she doesn’t see the world changing dramatically in the future and she wishes they could see them and participate from home especially if they have worked a long day.
Mayor Pope inquired if that is good direction to move forward.
Mr. McMurray shared that they have looked at the data when they have held more of the hybrid form of meeting and they can go through that if the Council wants, but to clarify, they are looking at the need for direction because they are talking about a shift in how they do things. He shared they use Zoom and Teams for meetings daily, but it is a little different for truly hybrid meetings and most jurisdictions not doing true hybrid meetings; they do virtual meetings with a hybrid option. He mentioned staff can move forward, but he wants clear direction so they spend resources wisely.
Councilmember Fuller expressed he likes the situation now. He suggested Vice Mayor Meadows have an opportunity to comment as what is decided may go on for years.
Mr. McMurray mentioned staff can bring it back at the next meeting for a brief recap and receive input from all five Councilmembers.
Councilmember Higgins commented some sort of Zoom, classroom or Microsoft Teams may work and they can keep researching what others are doing or what schools are doing, but they need to move forward.
Councilmember Williams suggested they bring it back to the next meeting to explore other options. She mentioned she thought Clayton was also doing hybrid but she is hearing no. She mentioned she doesn’t see it ever changing; she sees the Governor continuing to extend the order and it will become the new way of doing things. She guaranteed there would be double participants if it were not at the time it is right now, but if they could do it by phone they would be here; people don’t feel as engaged with online comments.
Mayor Pope commented there is no replacement for face-to-face, in-person comments; the Council reads all comments, but it is not the same impact. He mentioned written comments have to be in by 5 p.m. He mentioned they could explore technology where people could submit comment during a session and timely, not after an item. He shared he is interested what schools are doing; lectures or webinars are one-way; they would need two-way for civic participation. He asked Mr. Gonzalez to connect with Mr. McMurray. He mentioned he also would like to hear what Vice Mayor Meadows says.
Mayor Pope suggested item 7.1 be heard prior to reports. He received no objections from the Council and therefore moved to item 7.1 (infra).
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 Fuller reported the Delta Trail is being completed to connect 5 counties and will have walking trails, camping grounds, and it will connect with the San Francisco Bay Trail. He mentioned $12 million in grants funds will be used to clean up commercial and residential ships including abandoned ships, including one that sunk and released 2,500 gallons of fuel that was cleaned up and pulled out. He mentioned $1billion for access to the Delta. He encouraged the City to look at the tunnel project that will pump water from the Sacramento Delta to send south. He mentioned it is already transported over ground which supports the water’s normal flow, but tunnel pumping out disturbs the ecosystem and Oakley will be impacted. He mentioned DWD is talking about a bond and looking at investment, water is extremely hard and the drought has caused harder water which they are trying to reduce without increasing fees. He mentioned they have a land aquifer program where they can put solar. He reported the ECCFPD consolidation is having union issues with its administrative staff; they are not sure if they will have a job or benefits, but it won’t hang up consolidation.
(b) Requests for Future Agendas
None.
7) WORK SESSION
7.1 Laurel Plaza Supplemental Traffic Operations Analysis Assessment Work Session – As Related to Quick Quack Car Wash at Laurel Plaza (CUP 02-20, DR 08-20) and McDonald’s Drive-Through Quick Serve Restaurant at Laurel Plaza (CUP 03-20, DR 09-20) Applications (Ken Strelo, Planning Manager)
Mayor Pope inquired if this item is just on the traffic analysis.
Planning Manager Ken Strelo indicated that is correct and he presented the staff report.
City Attorney Derek Cole provided a reminder that this workshop is only about the traffic piece; there will be other comments and the Council can hear those, but when it comes back to Council for the CUP hearing about the drive-through, the restaurant at this site has already been permitted and the property has entitlements. He mentioned the only piece that gives the Council discretion for review is the drive-through and the analysis and impacts have to relate to that piece.
Mr. Strelo continued with his presentation.
Bill Burton, Senior Associate with Fehr & Peers mentioned with their counts and observations, the Laurel Elementary drop off/pick-up area is insufficient; there is not enough infrastructure to serve their student population/demand and consequences of that are delayed cars on Laurel. He mentioned activity where congestion happens, parents are parking on Laurel Plaza which generates approximately 100 pedestrians during the morning and afternoon. He indicated their inspection estimates that traffic for the whole site generates 200-300 peak hour trips and they look at adjacent intersections to see how the project will impact intersections; this project will have very little impact; it will have 1-3 seconds of delay per vehicle. He shared they looked at collisions at the segment of road from Laurel to O’Hara and the intersection at Laurel and Mercedes. He mentioned they looked at historic accident trends and a typical intersection expected is experiencing less accidents. He recommended they improve intersections with leading intervals, no right turns, and discourage student pickups/drop offs in Laurel Plaza, eliminate parking spaces for McDonald’s, shift the crosswalk further down with a raised crossing, provide a barrier, align the drive isle from the car wash to the McDonald’s. he mentioned VMTs are used and there are no new impacts over and above past traffic studies they have seen.
Mr. Strelo request the conditional use permit and design review be heard together as they relate somewhat to each other because the drive-through could function for the CUP, it could impact the site design. He recommended they come back in one package.
Online Written Comments
Mayor Pope commented the Council received online written comments and reviewed them. Comments were submitted by Diane Merritt, Shai Jensen, Rachel Doughty with Greenfire Law, PC, Shelly Fitzgerald, Rebecca Mears, Jeff Palmquist, Superintendent of Oakley Union Elementary School District, Roberto Estrada, Andrea Wacker, Kathleen Estrada, and Eve Dooms. The comments were made part of the meeting record.
Public Comment Cards
Diane Merritt commented her neighbors in Woodglen Estates are in closest proximity to the project and must have the most critical input of anyone. She shared they want Oakley to prosper and be successful, but inquired why it has to be at their expense. She requested the Council not grant permission for the drive-throughs. She shared they enjoy smelling clean air free of food grease and establishments and people they bring will be loud and noisy for neighbors. She indicated they will be abused by their lack of consideration for their peace. She mentioned they don’t want to move because the City won’t listen and they voted for Councilmembers. She shared information regarding noise and litter at the 7- Eleven. She urged the Council to say no to these two establishments.
Shelly Fitzgerald commented she is also a Woodglen neighbor. She mentioned the supplemental traffic study indicated there is an inadequate pick-up and drop off area at the school which is true. She mentioned Laurel Elementary is in an unfortunate location on a busy roadway and has been there since 1992. She mentioned they can say that Laurel Elementary has to tolerate what comes their way or they can plan the environment around Laurel Elementary. She indicated the study’s scope is unclear and inadequate; it doesn’t consider O’Hara or Freedom High School both which have hundreds of students who travel north or south of the plaza to get to and from school and it doesn’t address inadequate parking at the plaza. In relation to the Quick Quack car wash, she referenced Figure 9.1 in the Noise Element of the City’s General Plan and mentioned it speaks to new business proposals to be located adjacent to residential and businesses that emit decibals greater than 70 should not be considered when being placed next to residentials and greater than 75 is clearly unacceptable; this car wash is over 90 so she is uncertain why it is being considered.
Mayor Pope inquired if Jeff Palmquist, Superintendent, is present and would like to speak. He mentioned he submitted written comments. Hearing no response, he moved on to the next speaker.
Roberto Estrada commented that the traffic study found inadequate space for parking and drop off/pick up will be highly dangerous when the Council approves a drive-through across from that school. He mentioned solutions of a high visibility, limit line 8 feet from the drive-through may not work. He mentioned the ; speed increased on Laurel and people drive faster than the speed limit and this will make it much worse, people run red lights and it is dangerous for kids crossing. He mentioned another walkway won’t discourage kids from running to get across to school; the safest way is no drive-through. He suggested small businesses, no large drive-throughs or car wash. He suggested the city can be developers and make it happen with ARPA funding.
Kathleen Estrada commented that she is a Woodglen resident and with the traffic study she doesn’t think the scope is adequate because it doesn’t take into consideration the Laurel and O’Hara intersection which has many accidents to date and are not included in the study. She mentioned the close entrance to Laurel and O’Hara from McDonald’s is an accident waiting to happen. She commented that the traffic to McDonald’s will impact traffic to all 3 schools. She explained the community not trying to block the process or progress; they want a restaurant and progression, but they want it safely. She mentioned there is impact to neighbors, schools and kids in that intersection and the Laurel and O’Hara intersection is going to be bigger problem. She requested the Council consider the public and intersection.
Donna Chaddock commented during a work session there was no timer and the community listened to the Council’s vision, but this should be a time when the public is heard. She inquired if they are really limited to only 3 minutes, but the Council is not timed. She addressed Mr. Cole’s comments that public comments should only be related to traffic studies, but she has more to say that doesn’t have anything to do with the traffic study. She mentioned she emailed everyone on the Council but received only one response. She commented she heard Mr.
McMurray say the City doesn’t have small business grants. She inquired if the City gives small business grants. She expressed she doesn’t want to see a McDonald’s or any other fast-food establishment in the plaza and if there were more small business grants, Fehr & Peers would not be coming in from Missouri to find businesses there when they do not want them there. She mentioned they want small businesses, café’s and quaint businesses.
Marilyn Tiernan commented that she sees accidents on O’Hara and Laurel almost daily and there have been at least 5 accidents where children have been killed in the City due to traffic accidents. She expressed she cannot bear to have another child killed when it can be avoided. She mentioned a drive-through has no business in that plaza with 4 schools located within 1 mile of it and lots of kids walking that street.
Virgil Chaddock comment he is going to meeting to see what is going on. He shared he hears drag racing and sideshows, he counted 100 liquor bottles in the plaza parking lot today, empty boxes from stolen items, 10 McDonald’s bags, and lots of weeds, concrete and junk that is ugly. He inquired why it is not being kept clean. He shared he is seeing needles and probably professional businesses and they don’t need kids walking through that environment. He mentioned the traffic is bad. He suggested a vision of smaller units/businesses. He indicated he doesn’t believe companies will make it any cleaner. He shared he works for Safeway in Concord and they have limitations on delivery hours and there are apartments suing their store which is something to think about.
Jaime Spohn shared she is a Woodglen resident, an original owner. She mentioned the traffic study and many children ride their bikes to that school and others. She mentioned she reviewed the original conception of the plaza and inquired why a modification was given to allow 7-Eleven to be vastly different from when the community and Council were working together and why the City continues to compound the issue of traffic with the drive-through, 7-Eleven and carwash. She expressed she is against approval of the drive-through and these businesses in the plaza. She suggested the developer look toward HWY 4 for the betterment of the community, residents, and children. She commented that she read the vision statement for Oakley and shared that she walks and hears the train whistle and coyotes, but fears will now she may hear, “May I take your order please?” She expressed she hopes the City will give residents a neighborhood community plaza.
Julie Polowski commented she is not a resident of Woodglen, but off of Rose.
She expressed she wouldn’t recommend a drive-through based on In and Out traffic that has been rerouted; drive-through traffic has increased with COVID.
She inquired if the traffic study was conducted when the high school was also in session and if it is too late since they already have the permit. She mentioned the historic trail and bike way and suggested they offer bike rentals to ride the historic trail. She suggested ARPA could be used for small business and she is looking for job if the City needs part-time help. She thanked the Council for the work they are doing to hear the public’s thoughts and opinions.
Roger Gonzalez inquired why the traffic analysis was done during the pandemic since it is not a true representation of the traffic going through. He suggested it be done over several years. He also inquired why the study was conducted in August when Laurel Elementary is on a track system. He suggested they look at each diff track for pick-up and drop off. He also suggested they do a video study so everyone can see the impact. He shared he will walk his son to school to be safe and mentioned there are no accommodations for Grub Hub or Door Dash at the McDonald’s. He mentioned post pandemic they repopulate which is not in the traffic data. He inquired where studies and emissions data is as he wants to see the exhaust impact. He mentioned 30 Nissan Sentras do not equal 30 Ford F150s; the data needs to be more representative for a true analysis. He inquired if the traffic signal is backed up with power. He mentioned the data collection for page 11 is irrelevant because they are in a pandemic.
Mary Rooney commented she dittos what everyone said about the traffic study, plaza, etc.
Tasha Grey commented data can be manipulation in any number of ways to serve the narrative of the author and the traffic analysis convinces the reader that with minor recommendations, a fast-food near an elementary school and sharing a cross walk are safe proposals but that is not the case. She mentioned level of service and safety are not the same things; there is an inherent danger in relation to pedestrians in residential and school zones. She mentioned signage inside the plaza indicating no parking is unreal; there will be more pedestrian traffic if they have to park further. In relation to a high-visibility crosswalk, she shared that the crossing guard submitted opposition to it and concerns regarding safety, as well as the former and current Superintendent regarding safety; moving a crosswalk a few feet will not eliminate this danger, nor will it change opposition from school staff regarding safety concerns. She mentioned the school zone on Laurel Road is only 2/10 mile so this drive-through is the most inappropriate location.
Liz Elias emphasized some points in the letter from GreenFire Law, reading off many. She indicated the McDonald’s and Quick Quack are not small businesses, there may be shorter traffic trips but more trips does not reduce traffic. She mentioned when she moved to Oakley, Laurel Road was a small roadway and what is proposed is non-sensical. She commented the added pollution for idling is inconsistent with the General Plan. She asked the Council to take the letter to heart.
Alicia Torres commented on the negative impact on the schools for pedestrians, parking, and drop off/pick up. She mentioned people are going to be hostile, there will be tempers and frustration; people won’t follow rules and she feels for children who have no choice but to walk. She mentioned it is a huge risk that she hopes the Council considers.
Shalimar Belscher commented that many people have worked during the pandemic and they are all going through this together and she appreciates the comments earlier about it. She mentioned Oakley is a great city to build a family which is what brought her here and as she has been watching Laurel Plaza she has been excited to see what it is going to turn into. She shared she envisioned a Willy’s bagel or Starbucks, not necessarily a car wash although she loves car washes and supports those in the city. She shared the same sentiments about the traffic assessment during Covid; it is not a realistic view when people are at home with their children and the City needs a true traffic study. She mentioned parents share similar views and want their kids to get to school safely. She shared she doesn’t like driving on Laurel because when school is in session, people drive the wrong way and don’t follow traffic rules. She mentioned she sees trash left in her neighborhood and wants it to stay clean. She expressed she is not a fan of McDonald’s in the plaza.
Randi Adler commented she ran for office twice and she became a motivational speaker 10 years ago. She commented that people who are frustrated have a bigger voice than they think they do- a class action lawsuit against the City and developers. She mentioned if Vice Mayor Meadows was here tonight, he likes gas stations, so he would approve the car wash. She commented she is happy to start a class action lawsuit and because she is multi-millionaire, she can do that.
Matt Beinke submitted a comment card and represents the property owner. He was available for questions.
Mayor Pope called a brief recess at 9:31 p.m.
The City Council reconvened at 9:37 p.m.
Councilmember Williams commented the traffic study found inadequacies at Laurel and she got hit at Laurel the other day. She inquired who enforces signage, what happens to cars when there is nowhere to park and does that circulation get taken into account with the study. She mentioned she watched the study and it took place during full class capacity when class was in session.
Mr. Burton responded that signage will be difficult to enforce; people will probably continue to do it so they will still see some level with that activity, but some people obey signs.
Councilmember Williams commented they will now go into the circulation of traffic though.
Mr. Burton confirmed that is correct.
Councilmember Williams inquired if safety enhancements will be at the applicant’s cost.
Mr. McMurray confirmed that is correct.
Councilmember Higgins inquired where the school district is in helping parents to have more parking. She commented the Superintendent submitted a letter that said school sites have adequate facilities to the support school, but the traffic study shows inadequacies. She suggested the school district could approach the landowner of the vacant land across from the school.
Mr. McMurray responded he does not think that has taken place, but is the school district’s responsibility to cure that deficiency.
Councilmember Higgins offered to help accommodate a meeting with the school district. She mentioned the City has no control over the McDonald’s going in; they already have it; it is just a drive-through and traffic they are addressing. She mentioned with the decibels, the Quick Quack turned the car wash around for to hit traffic not homeowners but the car wash is loud. She mentioned the unhoused may be living in the parking lot and businesses will help with that when developed. She indicated litter exists and they have worked with the developer to keep frontage mowed, but now the back half has deteriorated. She expressed that the City is not putting the McDonald’s there; the property owner is already entitled to have it there; the City is just looking at the drive-through.
Councilmember Fuller commented that the City couldn’t enforce parking regulations on private property even if it wanted to because it is private property at the plaza. He commented he agrees it is untenable at Laurel and Mercedes; they don’t have enforcement; signs are nice but unenforceable. He mentioned he can’t go any further with it; they are marginalizing kids for profit. He mentioned they are saying there are kids there and it is dangerous, but they need profit and someone else 10 years ago said they can do it. He added even with all sorts of mitigation, it doesn’t change the fact that they marginalize kids. He expressed opposition to the CUP. He commented that changes have taken place in that area which is a major thoroughfare and they keep adding more traffic, but he appreciates efforts that it is going down. He expressed he appreciates all that he has done and the report.
Mayor Pope commented he wants to address issues raised in relation to the traffic survey. He mentioned the traffic survey recommends no right turn on red when no children present but it doesn’t conclude a direction; it should be in all 4 directions.
Mr. Burton responded it is when coming out of Laurel Plaza and turning right.
Mayor Pope indicated he wants to see all 4 covered for pedestrian safety.
Mr. Burton mentioned one has a crosswalk.
Mayor Pope indicated even so, traffic is still turning into the crossing. He agreed with timing to give pedestrians a lead for pedestrians occupy crosswalk before vehicles. He mentioned the school parking lot was conceptualized in the 1990s when there was no pick-up and drop off lane; the one now is inadequate as it backs up onto Laurel and blocks bike lanes which creates more problems. He mentioned he wants the City to do whatever it can to get OUESD to help remedy that.
Mr. Burton commented about their limited size.
Mayor Pope indicated the school is next to district headquarters; they can move the district office more parking. He expressed he wants the City to be a cooperative partner.
Mr. Burton suggested staggering school start and stop times may help.
Councilmember Williams commented that is horrible for parents with children in different grades.
Mayor Pope commented he has responded to complaints at schools in his job and parents are not setting good examples so he is not sure what to do, but driving the wrong way down the street means they are unprepared to prevent collision. He agreed with having a high-visibility crosswalk and to move the sight line. He expressed that he wishes the crosswalk doesn’t have to go across the drive-through.
Mr. McMurray commented it is not a code requirement; it is an ADA and the requirement is to provide the closest possible path. He mentioned this was also in the original plans for the grocery store and Rite Aid and is in the Building Code.
Mayor pope commented he would like to see them mitigate the risk and push it further out and raid it with lighting and signage, along with a small wall separating the drive-through from the sidewalk area.
Mr. Strelo commented that the site plan is not part of this project application, but it is sketched and shared, and the wall is not in this set of plans in submission or on the website.
Mayor Pope suggested a wall or fence.
Mr. Strelo suggested the short wall.
Mayor Pope commented if it could be any other barrier preventing pedestrian access.
Mr. Strelo mentioned shrubbery and a wall with a metal railing should help prevent access.
Mayor Pope expressed he wants a wall or fence or railing to physically prevent people from cutting through as a deterrent. He suggested they move parking spots for the drive-through cue and take one step further; if it backs up, cars will que up and block the access road and onto Laurel so he wants to see the que go through to the east so it is within the boundaries within the McDonald's boundary and not onto the street. He also mentioned when vehicles turn, they need to stay in the confines of the property, not on traffic lanes. He expressed he is disappointed the intersection of laurel and O’Hara was not included.
Mr. Burton commented they didn’t look at it for accident rates.
Mr. Strelo indicated it was part of the original study and this this study focused on pedestrians.
Mayor Pope commented that during the pandemic with school in session is why the study was conducted supplemental; the speeding in school zones is not related to this other than speeding in front of the project. He shared the City does not have unlimited budget but police motorcycle units can assist with traffic watch and there can be traffic calming measures. In relation to sound, he inquired if you can see over the wall to the properties and mentioned he was told residents wanted a shorter wall because of the sun. She suggested a living wall that is taller and to have the noise-speaker for the drive-through pointed away from the houses.
Mr. Strelo responded that the speaker orientation will be facing to the north and McDonald’s has variable decibel and microphones to control noise so the project speaker can regulate it not to exceed over ambient noise; this was proposed with the original project.
Mayor Pope commented there is Council vision versus reality and a property owner can facilitate free use of the property within the law. He mentioned there I a time limit for public speaking; the law allows the City to set a limit so everyone has opportunity to speak. He mentioned there is an existing 7-Eleven litter prevention plan and code requirements to help prevent trash and efforts can be stepped up to hold the property owner accountable and to set the tone and expectations. He mentioned hours of operation and delivery are not part of this but impacts circulation because trucks must park somewhere and should be incorporated into the study. He mentioned it does not encourage a pedestrianfriendly environment. He mentioned all schools were in session when the study was conducted.
Councilmember Williams commented that the start times at the school are the same, but end times are different.
Mayor pope inquired if the plan accommodates DoorDash and Uber.
Mr. Burton confirmed it does.
Mayor pope inquired if there are dedicated parking spots.
The applicant indicated there are dedicated parking spots, 4 spots in front of the building east.
Mr. Gonzalez who provided public comment earlier shouted out that he wants to see the numbers.
Mr. Burton responded they can break it out.
Mayor pope commented that CA regulates emissions and the City is prevented by state law from regulating this. He recalled hearing from the crossing guard, principal and superintendent. He mentioned this is private property, but there is a provision for Police to enforce if the property owner requests it. He explained they can’t just say they don’t like it and don’t want it working since they are under some constraints.
Mr. Strelo inquired if whether the Council agrees with the recommendations or wishes to add recommendations. He mentioned these are not mitigation measures, but to enhance the site and compatibility with adjacent uses.
Mayor Pope commented he is thinking what conditions to condition it with.
Councilmember Fuller commented there are a lot of issues and he stated his; it is time to stop.
Ms. Fitzgerald who provided public comment earlier inquired why they can’t go back to the drawing table like they did in 2008.
Mayor Pope commented the can speak with the developer, but they have struggled to find businesses.
Mr. Cole commented that the application is pending; the City has to move forward and staff needs direction. He mentioned the public can speak with the developer and can make requests, but the applicant is in control of their application; they have a right to get a decision and they are reaching that point.
Councilmember Fuller commented they have reached that point he believes with traffic and so he is opposed to the CUP and doesn’t see any mitigation.
Councilmember Higgins commented she accepts the recommendations along with Mayor Pope’s comments and extends the invitation to the school district to meet.
Councilmember Williams commented she is not sure if mitigation will help for these issues. She mentioned she was hit in the pick-up line and she can’t turn out of Brown Road. She commented she understands it is the school’s responsibility; she got some updated information and is disappointed they are not here, but she didn’t see any mitigation, but they can’t just say it is a school problem. She agreed with a condition and if they have to adopt something she will have more to say about sound.
Mr. Strelo commented that the goal of the traffic study is what the project generates on existing; it was never a goal to solve these issues or have McDonald’s and the car wash to solve school traffic issues; this item is being addressed for the purpose of parking in Laurel Plaza; kids are walking from Laurel Plaza and this is not an attempt to have mitigation for that.
Mr. Cole added that the City can’t put the onus on the developer to solve a public problem; there are limits on it. He commented it is unfortunate but it is a school district problem. He mentioned the property has longstanding development approved for 15 years and if they put a Chipotle or Peet’s at the site, the City has no discretion and there may be the same problems. He mentioned traffic engineers found no difference between a drive-through and walk up. He added just because a problem has been created at a public property, it doesn’t mean they can hold up a developer’s project because of that.
Councilmember Williams inquired if the drive-through portion doesn’t get approved, parking is still limited. She suggested a Peet’s or Starbucks would generate heavy traffic like McDonald’s traffic because more people are in the same area at the same time.
Mr. Cole indicated that the traffic study found there was not a huge, material difference between what drive-through and stand-alone traffic would generate.
He mentioned he is not a decision maker; it is a problem if they are expecting parking spots in that area to be used for school parking; the City as a public agency cannot expect private parking spots be used for public purpose; it is not appropriate and these issues can’t be held against the private property owner because of conditions across the street.
Mayor Pope agreed but mentioned he does not want to add to it. He mentioned a drive-through has to add more customers, otherwise they wouldn’t build it; it multiplies the number of customers which causes a significant impact. He mentioned 3 Councilmembers raised issues and asked for additional conditions specific to traffic flow, pedestrian safety and signalization, so he supports those.
Councilmember Fuller clarified two Councilmembers and the Mayor.
Mayor Pope announced they will go back to Council reports (supra). 8) ADJOURN
There being no further business, the meeting was adjourned at 10:35 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk